House
File
566
-
Enrolled
House
File
566
AN
ACT
RELATING
TO
POLITICAL
SUBDIVISION
ELECTIONS
BY
CHANGING
THE
DATE
OF
THE
ELECTION
OF
DIRECTORS
OF
LOCAL
SCHOOL
DISTRICTS,
MERGED
AREAS,
AND
AREA
EDUCATION
AGENCY
BOARDS,
BY
PROVIDING
FOR
THE
COMBINED
ADMINISTRATION
OF
REGULAR
AND
SPECIAL
SCHOOL
AND
CITY
ELECTIONS,
MAKING
CHANGES
TO
THE
ADMINISTRATION
OF
ELECTIONS
FOR
POLITICAL
SUBDIVISIONS
LOCATED
IN
MORE
THAN
ONE
COUNTY,
ESTABLISHING
REQUIREMENTS
FOR
BALLOT
ARRANGEMENT
AND
PLACEMENT
FOR
POLITICAL
SUBDIVISION
OFFICES,
AND
INCLUDING
EFFECTIVE
DATE
AND
APPLICABILITY
AND
TRANSITION
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
ELECTION
DAY
FOR
REGULAR
SCHOOL
ELECTIONS
Section
1.
Section
39.2,
subsection
4,
paragraph
c,
Code
2017,
is
amended
to
read
as
follows:
c.
For
a
school
district
or
merged
area,
in
the
odd-numbered
year,
the
first
Tuesday
in
February
March
,
the
first
Tuesday
in
April
May
,
the
last
first
Tuesday
in
June
August
,
or
the
second
first
Tuesday
after
the
first
Monday
in
September
November
.
For
a
school
district
or
merged
area,
in
the
even-numbered
year,
the
first
Tuesday
in
February
March
,
the
first
Tuesday
in
April
May
,
the
second
first
Tuesday
in
September
August
,
or
the
first
Tuesday
in
December.
Sec.
2.
Section
260C.12,
subsection
1,
Code
2017,
is
amended
to
read
as
follows:
House
File
566,
p.
2
1.
The
board
of
directors
of
the
merged
area
shall
organize
at
the
first
regular
meeting
in
October
following
the
regular
school
election
or
at
a
special
meeting
called
by
the
secretary
of
the
board
to
organize
the
board
in
advance
of
the
first
regular
meeting
following
the
regular
school
election
.
Organization
of
the
board
shall
be
effected
by
the
election
of
a
president
and
other
officers
from
the
board
membership
as
board
members
determine.
The
board
of
directors
shall
appoint
a
secretary
and
a
treasurer
who
shall
each
give
bond
as
prescribed
in
section
291.2
and
who
shall
each
receive
the
salary
determined
by
the
board.
The
secretary
and
treasurer
shall
perform
duties
under
chapter
291
and
additional
duties
the
board
of
directors
deems
necessary.
However,
the
board
may
appoint
one
person
to
serve
as
the
secretary
and
treasurer.
If
one
person
serves
as
the
secretary
and
treasurer,
only
one
bond
is
necessary
for
that
person.
The
frequency
of
meetings
other
than
organizational
meetings
shall
be
as
determined
by
the
board
of
directors
but
the
president
or
a
majority
of
the
members
may
call
a
special
meeting
at
any
time.
Sec.
3.
Section
260C.13,
subsection
1,
Code
2017,
is
amended
to
read
as
follows:
1.
The
board
of
a
merged
area
may
change
the
number
of
directors
on
the
board
and
shall
make
corresponding
changes
in
the
boundaries
of
director
districts.
Changes
shall
be
completed
not
later
than
June
August
1
of
the
year
of
the
regular
school
election.
As
soon
as
possible
after
adoption
of
the
boundary
changes,
notice
of
changes
in
the
director
district
boundaries
shall
be
submitted
by
the
merged
area
to
the
county
commissioner
of
elections
in
all
counties
included
in
whole
or
in
part
in
the
merged
area.
Sec.
4.
Section
260C.15,
subsection
5,
Code
2017,
is
amended
to
read
as
follows:
5.
The
votes
cast
in
the
election
shall
be
canvassed
and
abstracts
of
the
votes
cast
shall
be
certified
as
required
by
section
277.20
.
In
each
county
whose
commissioner
of
elections
is
responsible
under
section
47.2
for
conducting
elections
held
for
a
merged
area,
the
county
board
of
supervisors
shall
convene
on
the
last
Monday
in
September
November
or
at
the
last
regular
board
meeting
in
September
November
,
canvass
the
House
File
566,
p.
3
abstracts
of
votes
cast
and
declare
the
results
of
the
voting.
The
commissioner
shall
at
once
issue
certificates
of
election
to
each
person
declared
elected,
and
shall
certify
to
the
merged
area
board
in
substantially
the
manner
prescribed
by
section
50.27
the
result
of
the
voting
on
any
public
question
submitted
to
the
voters
of
the
merged
area.
Members
elected
to
the
board
of
directors
of
a
merged
area
shall
qualify
by
taking
the
oath
of
office
prescribed
in
section
277.28
.
Sec.
5.
Section
273.8,
subsection
2,
paragraphs
a
and
b,
Code
2017,
are
amended
to
read
as
follows:
a.
Notice
of
the
election
shall
be
published
by
the
area
education
agency
administrator
not
later
than
July
September
15
of
the
odd-numbered
year
in
at
least
one
newspaper
of
general
circulation
in
the
director
district.
The
cost
of
publication
shall
be
paid
by
the
area
education
agency.
b.
A
candidate
for
election
to
the
area
education
agency
board
shall
file
a
statement
of
candidacy
with
the
area
education
agency
secretary
not
later
than
August
October
15
of
the
odd-numbered
year,
on
forms
prescribed
by
the
department
of
education.
The
statement
of
candidacy
shall
include
the
candidate’s
name,
address,
and
school
district.
The
list
of
candidates
shall
be
sent
by
the
secretary
of
the
area
education
agency
in
ballot
form
by
certified
mail
to
the
presidents
of
the
boards
of
directors
of
all
school
districts
within
the
director
district
not
later
than
September
November
1.
In
order
for
the
ballot
to
be
counted,
the
ballot
must
be
received
in
the
secretary’s
office
by
the
end
of
the
normal
business
day
on
September
November
30
or
be
clearly
postmarked
by
an
officially
authorized
postal
service
not
later
than
September
November
29
and
received
by
the
secretary
not
later
than
noon
on
the
first
Monday
following
September
November
30.
Sec.
6.
Section
273.8,
subsection
4,
paragraph
a,
Code
2017,
is
amended
to
read
as
follows:
a.
The
board
of
directors
of
each
area
education
agency
shall
meet
and
organize
at
the
first
regular
meeting
in
October
December
following
the
regular
school
election
at
a
suitable
place
designated
by
the
president.
Directors
whose
terms
commence
at
the
organizational
meeting
shall
qualify
by
taking
the
oath
of
office
required
by
section
277.28
at
or
before
the
House
File
566,
p.
4
organizational
meeting.
Sec.
7.
Section
273.8,
subsection
6,
Code
2017,
is
amended
to
read
as
follows:
6.
Change
in
directors.
The
board
of
an
area
education
agency
may
change
the
number
of
directors
on
the
board
and
shall
make
corresponding
changes
in
the
boundaries
of
director
districts.
Changes
shall
be
completed
not
later
than
July
September
1
of
a
fiscal
the
odd-numbered
year
for
the
director
district
conventions
to
be
held
the
following
September
November
.
Sec.
8.
Section
277.1,
Code
2017,
is
amended
to
read
as
follows:
277.1
Regular
election.
The
regular
election
shall
be
held
biennially
on
the
second
first
Tuesday
after
the
first
Monday
in
September
November
of
each
odd-numbered
year
in
each
school
district
for
the
election
of
officers
of
the
district
and
merged
area
and
for
the
purpose
of
submitting
to
the
voters
any
matter
authorized
by
law.
Sec.
9.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
effect
July
1,
2019.
Sec.
10.
APPLICABILITY.
1.
This
division
of
this
Act
applies
to
regular
school
elections
held
on
or
after
November
5,
2019,
and
to
the
terms
of
office
of
directors
of
local
school
districts,
merged
areas,
and
area
education
agencies
commencing
on
or
after
that
date.
2.
Under
this
division
of
this
Act,
the
regular
school
elections
previously
scheduled
to
be
held
in
September
2019
shall
be
held
in
November
2019.
DIVISION
II
COMBINED
ADMINISTRATION
OF
CITY
AND
SCHOOL
ELECTIONS
Sec.
11.
Section
39.2,
subsection
1,
paragraph
b,
Code
2017,
is
amended
to
read
as
follows:
b.
A
special
election
shall
not
be
held
in
conjunction
with
the
primary
election.
A
special
election
shall
not
be
held
in
conjunction
with
a
school
election
unless
the
special
election
is
for
a
school
district
or
community
college.
A
special
election
shall
not
be
held
in
conjunction
with
a
regularly
scheduled
or
special
city
primary
or
city
runoff
election.
Sec.
12.
Section
39.2,
subsection
2,
Code
2017,
is
amended
House
File
566,
p.
5
to
read
as
follows:
2.
Except
as
otherwise
provided
in
subsection
1
,
a
special
election
may
be
held
on
the
same
day
as
a
regularly
scheduled
election
if
the
two
elections
are
not
in
conflict
within
the
meaning
of
section
47.6,
subsection
2
.
A
special
election
may
be
held
on
the
same
day
as
a
regularly
scheduled
election
with
which
it
does
so
conflict
if
the
commissioner
who
is
responsible
for
conducting
the
elections
concludes
that
to
do
so
will
cause
no
undue
difficulties
,
except
that
a
special
election
for
a
city,
school
district,
or
merged
area
shall
not
be
scheduled
to
coincide
with
the
general
election
.
Sec.
13.
Section
39.2,
subsection
4,
paragraph
b,
Code
2017,
is
amended
to
read
as
follows:
b.
For
a
city,
on
the
day
of
the
general
election,
on
the
day
of
the
regular
city
election,
on
the
date
of
a
special
election
held
to
fill
a
vacancy
in
the
same
city,
or
on
in
the
odd-numbered
year,
the
first
Tuesday
in
March,
the
first
Tuesday
in
May,
or
the
first
Tuesday
in
August
of
each
year
,
or
the
first
Tuesday
after
the
first
Monday
in
November
.
For
a
city,
in
the
even-numbered
year,
the
first
Tuesday
in
March,
the
first
Tuesday
in
May,
the
first
Tuesday
in
August,
or
the
first
Tuesday
in
December.
Sec.
14.
Section
44.11,
Code
2017,
is
amended
to
read
as
follows:
44.11
Vacancies
filled.
If
a
candidate
named
under
this
chapter
withdraws
before
the
deadline
established
in
section
44.9
,
declines
a
nomination,
or
dies
before
election
day,
or
if
a
certificate
of
nomination
is
held
insufficient
or
inoperative
by
the
officer
with
whom
it
is
required
to
be
filed,
or
in
case
any
objection
made
to
a
certificate
of
nomination,
or
to
the
eligibility
of
any
candidate
named
in
the
certificate,
is
sustained
by
the
board
appointed
to
determine
such
questions,
the
vacancy
or
vacancies
may
be
filled
by
the
convention,
or
caucus,
or
in
such
manner
as
such
convention
or
caucus
has
previously
provided.
The
vacancy
or
vacancies
shall
be
filled
not
less
than
seventy-four
days
before
the
election
in
the
case
of
nominations
required
to
be
filed
with
the
state
commissioner,
not
less
than
sixty-four
days
before
the
election
in
the
case
of
nominations
House
File
566,
p.
6
required
to
be
filed
with
the
commissioner,
not
less
than
thirty-five
forty-two
days
before
the
election
in
the
case
of
nominations
required
to
be
filed
in
the
office
of
the
school
board
secretary,
and
not
less
than
forty-two
days
before
the
election
in
the
case
of
nominations
required
to
be
filed
with
the
commissioner
for
city
elections.
Sec.
15.
Section
47.2,
subsection
2,
Code
2017,
is
amended
to
read
as
follows:
2.
When
an
election
is
to
be
held
as
required
by
law
or
is
called
by
a
political
subdivision
of
the
state
and
the
political
subdivision
is
located
in
more
than
one
county,
the
county
commissioner
of
elections
of
each
of
those
counties
shall
conduct
that
election
within
the
commissioner’s
county.
However,
the
commissioner
for
the
county
having
the
greatest
taxable
base
within
the
political
subdivision
shall
conduct
that
election
serve
as
the
controlling
commissioner
for
the
election
.
The
controlling
commissioner
shall
receive
all
nomination
papers
and
public
measures
for
the
political
subdivision.
By
the
forty-first
day
prior
to
the
election,
the
controlling
commissioner
shall
certify
the
names
of
candidates
and
the
text
and
summary
of
any
public
measure
being
submitted
to
the
electorate
to
all
county
commissioners
of
elections
required
to
conduct
elections
for
the
political
subdivision.
The
county
commissioners
of
elections
of
the
other
counties
in
which
the
political
subdivision
is
located
shall
cooperate
with
the
county
controlling
commissioner
of
elections
who
is
conducting
the
election
.
Sec.
16.
Section
47.6,
subsection
2,
Code
2017,
is
amended
to
read
as
follows:
2.
For
the
purpose
of
this
section
,
a
conflict
between
two
elections
exists
only
when
one
of
the
elections
would
require
use
of
precinct
boundaries
which
differ
from
those
to
be
used
for
the
other
election,
or
when
some
but
not
all
of
the
registered
voters
of
any
precinct
would
be
entitled
to
vote
in
one
of
the
elections
and
all
of
the
registered
voters
of
the
same
precinct
would
be
entitled
to
vote
in
the
other
election.
Nothing
in
this
subsection
shall
deny
a
commissioner
discretionary
authority
to
approve
holding
a
special
election
on
the
same
date
as
another
election,
even
House
File
566,
p.
7
though
the
two
elections
may
be
defined
as
being
in
conflict,
if
the
commissioner
concludes
that
to
do
so
will
cause
no
undue
difficulties.
Sec.
17.
Section
49.9,
Code
2017,
is
amended
to
read
as
follows:
49.9
Proper
place
of
voting.
Except
as
provided
in
section
49.11,
subsection
3
,
paragraph
“b”
,
and
as
required
by
the
designation
of
a
commissioner
pursuant
to
section
49.21,
subsection
1,
a
person
shall
not
vote
in
any
precinct
but
that
of
the
person’s
residence.
Sec.
18.
Section
49.21,
subsection
1,
Code
2017,
is
amended
to
read
as
follows:
1.
a.
It
is
the
responsibility
of
the
commissioner
to
designate
a
polling
place
for
each
precinct
in
the
county.
Notwithstanding
any
provision
of
law
to
the
contrary,
for
city
and
school
elections
the
commissioner
shall,
whenever
practicable,
designate
polling
places
so
that
an
eligible
elector
will
be
assigned
to
vote
at
the
same
polling
place
at
which
the
eligible
elector
would
be
assigned
to
vote
at
the
general
election.
However,
if
a
city
does
not
have
a
polling
place
designated
for
the
general
election
precinct,
the
commissioner
may
designate
an
additional
polling
place
for
the
precinct
in
that
city.
b.
Each
polling
place
designated
shall
be
accessible
to
persons
with
disabilities.
However,
if
the
commissioner
is
unable
to
provide
an
accessible
polling
place
for
a
precinct,
the
commissioner
shall
apply
for
a
temporary
waiver
of
the
accessibility
requirement.
The
state
commissioner
shall
adopt
rules
in
accordance
with
chapter
17A
prescribing
standards
for
determining
whether
a
polling
place
is
accessible
and
the
process
for
applying
for
a
temporary
waiver
of
accessibility.
Sec.
19.
Section
49.30,
Code
2017,
is
amended
to
read
as
follows:
49.30
All
candidates
and
issues
on
one
ballot
——
exceptions.
1.
All
constitutional
amendments,
all
public
measures,
and
the
names
of
all
candidates,
other
than
presidential
electors,
to
be
voted
for
in
each
election
precinct,
shall
be
printed
on
one
ballot,
except
that
separate
ballots
are
authorized
when
it
is
not
possible
to
include
all
offices
and
public
measures
on
a
House
File
566,
p.
8
single
ballot.
In
the
event
that
it
is
not
possible
to
include
all
offices
and
public
measures
on
a
single
ballot,
separate
ballots
may
be
provided
for
nonpartisan
offices,
judges,
or
public
measures.
2.
If
printed
on
the
same
ballot,
the
offices
of
political
subdivisions
shall,
if
applicable,
be
printed
in
the
following
order:
a.
Those
of
a
county.
b.
Those
of
a
city.
c.
Those
of
a
school
district.
d.
Those
of
a
merged
area.
e.
Those
of
any
other
political
subdivision.
3.
If
printed
on
the
same
ballot,
the
public
measures
of
political
subdivisions
shall
be
printed
in
the
same
order
as
provided
for
offices
of
the
political
subdivisions.
Sec.
20.
Section
49.31,
subsection
2,
paragraph
b,
Code
2017,
is
amended
to
read
as
follows:
b.
The
commissioner
shall
then
arrange
the
surnames
of
each
political
party’s
candidates
for
each
office
to
which
two
or
more
persons
are
to
be
elected
at
large
alphabetically
for
the
respective
offices
for
the
first
precinct
on
the
list;
thereafter,
for
each
political
party
and
for
each
succeeding
precinct,
the
names
appearing
first
for
the
respective
offices
in
the
last
preceding
precinct
shall
be
placed
last,
so
that
the
names
that
were
second
before
the
change
shall
be
first
after
the
change.
The
commissioner
may
also
rotate
the
names
of
candidates
of
a
political
party
in
the
reverse
order
of
that
provided
in
this
subsection
or
alternate
the
rotation
so
that
the
candidates
of
different
parties
shall
not
be
paired
as
they
proceed
through
the
rotation.
The
procedure
for
arrangement
of
names
on
ballots
provided
in
this
section
shall
likewise
be
substantially
followed
in
elections
in
political
subdivisions
of
less
than
a
county.
Sec.
21.
Section
49.31,
subsection
2,
Code
2017,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
d.
On
the
regular
and
special
city
election
and
school
election
ballots
the
names
of
candidates
for
city,
school
district,
and
merged
area
offices
shall
be
arranged
by
drawing
lots
for
position.
The
commissioner
shall
hold
House
File
566,
p.
9
the
drawing
on
the
second
business
day
following
the
deadline
for
filing
of
nomination
papers
or
petitions
under
sections
260C.15,
277.4,
and
376.4.
If
a
candidate
withdraws,
dies,
or
is
removed
from
the
ballot
after
the
ballot
position
of
names
has
been
determined,
such
candidate’s
name
shall
be
removed
from
the
ballot,
and
the
order
of
the
remaining
names
shall
not
be
changed.
Sec.
22.
Section
49.31,
subsection
3,
Code
2017,
is
amended
to
read
as
follows:
3.
The
Except
as
otherwise
provided
in
subsection
2,
paragraph
“d”
,
the
ballots
for
any
city
elections,
school
elections,
special
election
,
or
any
other
election
at
which
any
office
is
to
be
filled
on
a
nonpartisan
basis
and
the
statutes
governing
the
office
to
be
filled
are
silent
as
to
the
arrangement
of
names
on
the
ballot,
shall
contain
the
names
of
all
nominees
or
candidates
arranged
in
alphabetical
order
by
surname
under
the
heading
of
the
office
to
be
filled.
When
Except
as
otherwise
provided
in
subsection
2,
paragraph
“d”
,
when
a
city
election,
school
election,
special
election
,
or
any
other
election
at
which
an
office
is
to
be
filled
on
a
nonpartisan
basis
,
is
held
in
more
than
one
precinct,
the
candidates’
names
shall
be
rotated
on
the
ballot
from
precinct
to
precinct
in
the
manner
prescribed
by
subsection
2
unless
there
are
no
more
candidates
for
an
office
than
the
number
of
persons
to
be
elected
to
that
office.
Sec.
23.
Section
49.41,
subsection
1,
paragraph
a,
Code
2017,
is
amended
to
read
as
follows:
a.
A
person
shall
not
be
a
candidate
for
more
than
one
office
to
be
filled
at
the
same
election
,
except
that
a
person
may
be
a
candidate
for
a
city
office
and
school
board
office
at
the
same
election
.
A
person
who
has
been
nominated
for
more
than
one
office
and
is
prohibited
from
being
a
candidate
for
more
than
one
office
shall
file
a
written
notice
declaring
the
office
for
which
the
person
wishes
to
appear
on
the
ballot.
Sec.
24.
Section
49.51,
Code
2017,
is
amended
to
read
as
follows:
49.51
Commissioner
to
control
printing.
The
commissioner
shall
have
charge
of
the
printing
of
the
ballots
to
be
used
for
any
election
held
in
the
county
,
unless
House
File
566,
p.
10
the
commissioner
delegates
that
authority
as
permitted
by
this
section
.
The
commissioner
may
delegate
this
authority
only
to
another
commissioner
who
is
responsible
under
section
47.2
for
conducting
the
elections
held
for
a
political
subdivision
which
lies
in
more
than
one
county,
and
only
with
respect
to
printing
of
ballots
containing
only
public
questions
or
the
names
of
candidates
to
be
voted
upon
by
the
registered
voters
of
that
political
subdivision.
Only
one
facsimile
signature,
that
of
the
commissioner
under
whose
direction
the
ballot
is
printed,
shall
appear
on
the
ballot.
It
is
the
duty
of
the
commissioner
to
insure
that
the
arrangement
of
any
ballots
printed
under
the
commissioner’s
direction
conforms
to
all
applicable
requirements
of
this
chapter
.
Sec.
25.
Section
49.73,
subsection
1,
paragraphs
a
and
b,
Code
2017,
are
amended
by
striking
the
paragraphs.
Sec.
26.
Section
49.73,
subsection
2,
Code
2017,
is
amended
to
read
as
follows:
2.
The
commissioner
shall
not
shorten
voting
hours
for
any
election
if
there
is
filed
in
the
commissioner’s
office,
at
least
twenty-five
days
before
the
election,
a
petition
signed
by
at
least
fifty
eligible
electors
of
the
school
district
or
city,
as
the
case
may
be,
requesting
that
the
polls
be
opened
not
later
than
7:00
a.m.
All
polling
places
where
the
candidates
of
or
any
public
question
submitted
by
any
one
political
subdivision
are
being
voted
upon
shall
be
opened
at
the
same
hour
,
except
that
this
requirement
shall
not
apply
to
merged
areas
established
under
chapter
260C
.
The
hours
at
which
the
respective
precinct
polling
places
are
to
open
shall
not
be
changed
after
publication
of
the
notice
required
by
section
49.53
.
The
polling
places
shall
be
closed
at
9:00
p.m.
for
state
primary
and
general
elections
and
other
partisan
elections,
and
for
any
other
election
held
concurrently
therewith,
and
at
8:00
p.m.
for
all
other
elections.
Sec.
27.
Section
50.11,
Code
2017,
is
amended
to
read
as
follows:
50.11
Proclamation
of
result.
1.
When
the
canvass
is
completed
one
of
the
precinct
election
officials
shall
publicly
announce
the
total
number
of
votes
received
by
each
of
the
persons
voted
for,
the
office
for
House
File
566,
p.
11
which
the
person
is
designated,
as
announced
by
the
designated
tally
keepers,
and
the
number
of
votes
for,
and
the
number
of
votes
against,
any
proposition
which
shall
have
been
submitted
to
a
vote
of
the
people.
A
precinct
election
official
shall
communicate
the
election
results
by
telephone
or
in
person
to
the
commissioner
who
is
conducting
the
election
immediately
upon
completion
of
the
canvass.
2.
Election
results
may
be
transmitted
electronically
from
voting
equipment
to
the
commissioner’s
office
only
after
the
precinct
election
officials
have
produced
a
written
report
of
the
election
results.
The
devices
used
for
the
electronic
transmission
of
election
results
shall
be
approved
for
use
by
the
board
of
examiners
pursuant
to
section
52.41
.
The
state
commissioner
of
elections
shall
adopt
rules
establishing
procedures
for
the
electronic
transmission
of
election
results.
3.
The
commissioner
shall
remain
on
duty
until
such
information
is
communicated
to
the
commissioner
from
each
polling
place
in
the
commissioner’s
county.
For
an
election
for
a
political
subdivision
that
is
located
in
more
than
one
county,
the
commissioner
shall,
if
applicable,
communicate
that
county’s
election
results
for
the
political
subdivision
to
the
controlling
commissioner
for
that
political
subdivision
under
section
47.2,
and
the
controlling
commissioner
shall
remain
on
duty
until
such
information
is
communicated
to
the
controlling
commissioner
from
each
commissioner
for
the
political
subdivision.
Sec.
28.
Section
50.24,
Code
2017,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
3A.
For
a
regular
or
special
city
election
or
a
city
runoff
election,
if
the
city
is
located
in
more
than
one
county,
the
controlling
commissioner
for
that
city
under
section
47.2
shall
conduct
a
second
canvass
on
the
second
Monday
or
Tuesday
after
the
day
of
the
election.
However,
if
a
recount
is
requested
pursuant
to
section
50.48,
the
controlling
commissioner
shall
conduct
the
second
canvass
within
two
business
days
after
the
conclusion
of
the
recount
proceedings.
Each
commissioner
conducting
a
canvass
for
the
city
pursuant
to
subsection
1
shall
transmit
abstracts
for
the
offices
and
public
measures
of
that
city
to
the
controlling
commissioner
House
File
566,
p.
12
for
that
city,
along
with
individual
tallies
for
each
write-in
candidate.
At
the
second
canvass,
the
county
board
of
supervisors
of
the
county
of
the
controlling
commissioner
shall
canvass
the
abstracts
received
pursuant
to
this
subsection
and
shall
prepare
a
combined
city
abstract
stating
the
number
of
votes
cast
in
the
city
for
each
office
and
on
each
question
on
the
ballot
for
the
city
election.
The
combined
city
abstract
shall
further
indicate
the
name
of
each
person
who
received
votes
for
each
office
on
the
ballot,
the
number
of
votes
each
person
named
received
for
that
office,
and
the
number
of
votes
for
and
against
each
question
submitted
to
the
voters
at
the
election.
The
votes
of
all
write-in
candidates
who
each
received
less
than
five
percent
of
the
total
votes
cast
in
the
city
for
an
office
shall
be
reported
collectively
under
the
heading
“scattering”.
NEW
SUBSECTION
.
3B.
a.
For
a
regular
or
special
school
election,
if
the
school
district
is
located
in
more
than
one
county,
the
controlling
commissioner
for
that
school
district
under
section
47.2
shall
conduct
a
second
canvass
on
the
second
Monday
or
Tuesday
after
the
day
of
election.
However,
if
a
recount
is
requested
pursuant
to
section
50.48,
the
controlling
commissioner
shall
conduct
the
second
canvass
within
two
business
days
after
the
conclusion
of
the
recount
proceedings.
Each
commissioner
conducting
a
canvass
for
the
school
district
pursuant
to
subsection
1
shall
transmit
abstracts
for
the
offices
and
public
measures
of
that
school
district
to
the
controlling
commissioner
for
that
school
district,
along
with
individual
tallies
for
each
write-in
candidate.
At
the
second
canvass
the
county
board
of
supervisors
of
the
controlling
county
shall
canvass
the
abstracts
received
pursuant
to
this
subsection
and
shall
prepare
a
combined
school
district
abstract
stating
the
number
of
votes
cast
in
the
school
district
for
each
office
and
on
each
question
on
the
ballot
for
the
school
election.
The
combined
school
district
abstract
shall
further
indicate
the
name
of
each
person
who
received
votes
for
each
office
on
the
ballot,
the
number
of
votes
each
person
named
received
for
that
office,
and
the
number
of
votes
for
and
against
each
question
submitted
to
the
voters
at
the
election.
The
votes
of
all
write-in
candidates
who
each
House
File
566,
p.
13
received
less
than
five
percent
of
the
total
votes
cast
in
the
school
district
for
an
office
shall
be
reported
collectively
under
the
heading
“scattering”.
b.
The
second
canvass
of
votes
for
a
merged
area
shall
be
conducted
pursuant
to
section
260C.15,
subsection
5,
and
each
commissioner
conducting
a
canvass
for
the
merged
area
pursuant
to
subsection
1
shall
transmit
abstracts
for
the
offices
and
public
measures
of
that
school
district
to
the
controlling
commissioner
for
that
merged
area,
along
with
individual
tallies
for
each
write-in
candidate.
Sec.
29.
Section
50.48,
subsection
1,
paragraph
a,
unnumbered
paragraph
1,
Code
2017,
is
amended
to
read
as
follows:
The
county
board
of
canvassers
shall
order
a
recount
of
the
votes
cast
for
a
particular
office
or
nomination
in
one
or
more
specified
election
precincts
in
that
county
if
a
written
request
therefor
for
a
recount
is
made
not
later
than
5:00
p.m.
on
the
third
day
following
the
county
board’s
canvass
of
the
election
in
question.
For
a
city
runoff
election
held
pursuant
to
section
376.9,
the
written
request
must
be
made
not
later
than
5:00
p.m.
on
the
day
following
the
county
board’s
canvass
of
the
city
runoff
election.
The
request
shall
be
filed
with
the
commissioner
of
that
county
,
or
with
the
commissioner
responsible
for
conducting
the
election
if
section
47.2,
subsection
2
,
is
applicable,
and
shall
be
signed
by
either
of
the
following:
Sec.
30.
Section
52.25,
subsection
2,
paragraph
b,
Code
2017,
is
amended
to
read
as
follows:
b.
In
the
case
of
a
public
question
to
be
voted
on
in
a
political
subdivision
lying
in
more
than
one
county,
the
summary
shall
be
worded
by
the
controlling
commissioner
responsible
under
section
47.2
for
conducting
that
election.
Sec.
31.
Section
53.40,
subsection
1,
paragraph
a,
Code
2017,
is
amended
to
read
as
follows:
a.
A
request
in
writing
for
a
ballot
may
be
made
by
any
member
of
the
armed
forces
of
the
United
States
who
is
or
will
be
a
qualified
voter
on
the
day
of
the
election
at
which
the
ballot
is
to
be
cast,
at
any
time
before
the
election.
Any
member
of
the
armed
forces
of
the
United
States
may
House
File
566,
p.
14
request
ballots
for
all
elections
to
be
held
during
a
calendar
year.
The
request
may
be
made
by
using
the
federal
postcard
application
form
and
indicating
that
the
applicant
wishes
to
receive
ballots
for
all
elections
as
permitted
by
state
law.
If
the
applicant
does
not
specify
which
elections
the
request
is
for,
the
county
commissioner
shall
send
the
applicant
a
ballot
for
each
federal
election
held
after
the
application
is
received
until
the
end
of
the
calendar
year
in
which
the
request
is
received.
If
the
applicant
requests
ballots
for
all
elections
to
be
held
in
a
calendar
year,
the
commissioner,
if
necessary,
shall
forward
a
copy
of
the
absentee
ballot
request
to
other
commissioners
who
are
responsible
under
section
47.2,
subsection
2
,
for
conducting
elections
in
which
the
applicant
is
eligible
to
vote.
Sec.
32.
Section
260C.15,
subsection
3,
Code
2017,
is
amended
to
read
as
follows:
3.
Nomination
papers
on
behalf
of
candidates
for
member
of
the
board
of
directors
of
a
merged
area
shall
be
filed
with
the
secretary
of
the
board
not
earlier
than
sixty-four
seventy-one
days
nor
later
than
5:00
p.m.
on
the
fortieth
forty-seventh
day
prior
to
the
election
at
which
members
of
the
board
are
to
be
elected.
On
the
day
following
the
last
day
on
which
nomination
petitions
can
be
filed,
and
no
later
than
5:00
p.m.
on
that
day,
the
secretary
shall
deliver
all
nomination
petitions
so
filed,
together
with
the
text
of
any
public
measure
being
submitted
by
the
board
of
directors
to
the
electorate,
to
the
merged
area’s
controlling
county
commissioner
of
elections
who
is
responsible
under
section
47.2
for
conducting
elections
held
for
the
merged
area
.
That
controlling
commissioner
shall
certify
the
names
of
candidates,
and
the
text
and
summary
of
any
public
measure
being
submitted
to
the
electorate,
to
all
county
commissioners
of
elections
in
the
merged
area
by
the
thirty-fifth
forty-second
day
prior
to
the
election.
Sec.
33.
Section
260C.15,
subsection
4,
paragraph
b,
Code
2017,
is
amended
to
read
as
follows:
b.
The
objection
must
be
filed
with
the
secretary
of
the
board
at
least
thirty-five
forty-two
days
before
the
day
of
the
election
at
which
members
of
the
board
are
elected.
When
objections
are
filed,
notice
shall
immediately
be
given
to
House
File
566,
p.
15
the
candidate
affected,
addressed
to
the
candidate’s
place
of
residence
as
given
on
the
candidate’s
affidavit,
stating
that
objections
have
been
made
to
the
legal
sufficiency
of
the
petition
or
to
the
eligibility
of
the
candidate,
and
also
stating
the
time
and
place
the
objections
will
be
considered.
The
board
secretary
shall
also
attempt
to
notify
the
candidate
by
telephone
if
the
candidate
provided
a
telephone
number
on
the
candidate’s
affidavit.
Sec.
34.
Section
260C.15,
subsection
5,
Code
2017,
is
amended
to
read
as
follows:
5.
The
votes
cast
in
the
election
shall
be
canvassed
and
abstracts
of
the
votes
cast
shall
be
certified
as
required
by
section
277.20
.
In
each
county
whose
commissioner
of
elections
is
responsible
the
controlling
commissioner
for
a
merged
area
under
section
47.2
for
conducting
elections
held
for
a
merged
area
,
the
county
board
of
supervisors
shall
convene
on
the
last
Monday
in
September
or
at
the
last
regular
board
meeting
in
September,
canvass
the
abstracts
of
votes
cast
from
each
county
in
the
merged
area,
and
declare
the
results
of
the
voting.
The
commissioner
shall
at
once
issue
certificates
of
election
to
each
person
declared
elected,
and
shall
certify
to
the
merged
area
board
in
substantially
the
manner
prescribed
by
section
50.27
the
result
of
the
voting
on
any
public
question
submitted
to
the
voters
of
the
merged
area.
Members
elected
to
the
board
of
directors
of
a
merged
area
shall
qualify
by
taking
the
oath
of
office
prescribed
in
section
277.28
.
Sec.
35.
Section
260C.22,
subsection
3,
Code
2017,
is
amended
to
read
as
follows:
3.
A
voted
tax
imposed
under
this
section
may
be
discontinued,
or
its
maximum
rate
increased,
by
petition
and
election.
Upon
receipt
of
a
petition
containing
the
required
number
of
signatures,
the
board
of
directors
of
a
merged
area
shall
direct
the
each
county
commissioner
of
elections
responsible
under
section
47.2
for
conducting
elections
in
the
merged
area
to
submit
to
the
voters
of
the
merged
area
the
question
of
whether
to
discontinue
the
authority
of
the
board
of
directors
to
impose
the
voted
tax
under
this
section
or
to
increase
the
maximum
rate
of
the
voted
tax,
whichever
is
applicable.
The
petition
must
be
signed
by
eligible
electors
House
File
566,
p.
16
equal
in
number
to
not
less
than
twenty-five
percent
of
the
votes
cast
at
the
last
preceding
election
in
the
merged
area
where
the
question
of
the
imposition
of
the
tax
appeared
on
the
ballot
and
received
by
the
board
of
directors
by
June
1
of
the
year
in
which
the
election
is
to
be
held.
The
question
shall
be
submitted
at
an
election
held
on
a
date
authorized
for
an
election
under
subsection
1
,
paragraph
“a”
.
If
a
majority
of
those
voting
on
the
question
of
discontinuance
of
the
board
of
directors’
authority
to
impose
the
tax
favors
discontinuance,
the
board
shall
not
impose
the
tax
for
any
fiscal
year
beginning
after
expiration
of
the
period
of
time
for
imposing
the
tax
approved
at
the
last
election
under
subsection
1
or
the
period
of
time
for
imposing
the
tax
established
by
resolution
of
the
board
under
subsection
2
that
is
in
effect
on
the
date
the
petition
for
the
election
is
filed
with
the
board,
whichever
is
applicable,
unless
following
discontinuance
the
voted
tax
is
again
authorized
at
election
under
subsection
1
.
If
the
question
of
whether
to
discontinue
the
authority
of
the
board
of
directors
to
impose
the
tax
fails
to
gain
approval
at
election,
the
question
shall
not
be
submitted
to
the
voters
of
the
merged
area
for
a
period
of
ten
years
following
the
date
of
the
election.
If
a
majority
of
those
voting
on
the
question
to
increase
the
maximum
rate
of
the
voted
tax
favors
the
proposed
increase,
the
new
maximum
rate
shall
apply
to
fiscal
years
beginning
after
the
date
of
the
election.
Sec.
36.
Section
260C.28,
subsection
3,
paragraph
c,
Code
2017,
is
amended
to
read
as
follows:
c.
The
additional
tax
authorized
under
subsection
2
may
be
discontinued
by
petition
and
election.
Upon
receipt
of
a
petition
containing
the
required
number
of
signatures,
the
board
of
directors
of
a
merged
area
shall
direct
the
each
county
commissioner
of
elections
responsible
under
section
47.2
for
conducting
elections
in
the
merged
area
to
submit
to
the
voters
of
the
merged
area
the
question
of
whether
to
discontinue
the
authority
of
the
board
of
directors
to
impose
the
additional
tax
under
subsection
2
.
The
petition
must
be
signed
by
eligible
electors
equal
in
number
to
not
less
than
twenty-five
percent
of
the
votes
cast
at
the
last
preceding
election
in
the
merged
area
where
the
question
of
House
File
566,
p.
17
the
imposition
of
the
additional
tax
appeared
on
the
ballot.
The
question
shall
be
submitted
at
an
election
held
on
a
date
specified
in
section
39.2,
subsection
4
,
paragraph
“c”
.
If
a
majority
of
those
voting
on
the
question
of
discontinuance
of
the
board
of
directors’
authority
to
impose
the
additional
tax
favors
discontinuance,
the
board
shall
not
impose
the
additional
tax
for
any
fiscal
year
beginning
after
the
expiration
of
the
period
of
time
for
imposing
the
tax
approved
at
the
last
election
under
paragraph
“a”
or
the
period
of
time
for
imposing
the
additional
tax
established
by
resolution
of
the
board
under
paragraph
“b”
that
is
in
effect
on
the
date
the
petition
for
the
election
is
filed
with
the
board,
whichever
is
applicable,
unless
following
discontinuance
the
additional
tax
is
again
authorized
at
election
under
paragraph
“a”
.
If
the
question
of
whether
to
discontinue
the
authority
of
the
board
of
directors
to
impose
the
additional
tax
fails
to
gain
approval
at
election,
the
question
shall
not
be
submitted
to
the
voters
of
the
merged
area
for
a
period
of
ten
years
following
the
date
of
the
election.
Sec.
37.
Section
275.22,
Code
2017,
is
amended
to
read
as
follows:
275.22
Canvass
and
return.
The
precinct
election
officials
shall
count
the
ballots,
and
make
return
to
and
deposit
the
ballots
with
the
county
commissioner
of
elections,
who
shall
enter
the
return
of
record
in
the
commissioner’s
office.
The
election
tally
lists,
including
absentee
ballots,
shall
be
listed
by
individual
school
district.
The
canvass
shall
be
conducted
pursuant
to
section
50.24.
The
county
commissioner
of
elections
or
controlling
commissioner
shall
certify
the
results
of
the
election
to
the
area
education
agency
administrator.
If
the
majority
of
the
votes
cast
by
the
registered
voters
is
in
favor
of
the
proposition,
as
provided
in
section
275.20
,
a
new
school
corporation
shall
be
organized.
If
the
majority
of
votes
cast
is
opposed
to
the
proposition,
a
new
petition
describing
the
identical
or
similar
boundaries
shall
not
be
filed
for
at
least
six
months
from
the
date
of
the
election.
If
territory
is
excluded
from
the
reorganized
district,
action
pursuant
to
section
274.37
shall
be
taken
prior
to
the
effective
date
of
House
File
566,
p.
18
reorganization.
The
secretary
of
the
new
school
corporation
shall
file
a
written
description
of
the
boundaries
as
provided
in
section
274.4
.
Sec.
38.
Section
277.4,
subsection
1,
Code
2017,
is
amended
to
read
as
follows:
1.
Nomination
papers
for
all
candidates
for
election
to
office
in
each
school
district
shall
be
filed
with
the
secretary
of
the
school
board
not
more
than
sixty-four
seventy-one
days
,
nor
less
than
forty
forty-seven
days
before
the
election.
Nomination
petitions
shall
be
filed
not
later
than
5:00
p.m.
on
the
last
day
for
filing.
If
the
school
board
secretary
is
not
readily
available
during
normal
office
hours,
the
secretary
may
designate
a
full-time
employee
of
the
school
district
who
is
ordinarily
available
to
accept
nomination
papers
under
this
section
.
On
the
final
date
for
filing
nomination
papers
the
office
of
the
school
secretary
shall
remain
open
until
5:00
p.m.
Sec.
39.
Section
277.5,
Code
2017,
is
amended
to
read
as
follows:
277.5
Objections
to
nominations.
1.
Objections
to
the
legal
sufficiency
of
a
nomination
petition
or
to
the
eligibility
of
a
candidate
may
be
filed
by
any
person
who
would
have
the
right
to
vote
for
a
candidate
for
the
office
in
question.
The
objection
must
be
filed
with
the
secretary
of
the
school
board
at
least
thirty-five
forty-two
days
before
the
day
of
the
school
election.
When
objections
are
filed
notice
shall
forthwith
be
given
to
the
candidate
affected,
addressed
to
the
candidate’s
place
of
residence
as
given
on
the
candidate’s
affidavit,
stating
that
objections
have
been
made
to
the
legal
sufficiency
of
the
petition
or
to
the
eligibility
of
the
candidate,
and
also
stating
the
time
and
place
the
objections
will
be
considered.
2.
Objections
shall
be
considered
not
later
than
two
working
days
following
the
receipt
of
the
objections
by
the
president
of
the
school
board,
the
secretary
of
the
school
board,
and
one
additional
member
of
the
school
board
chosen
by
ballot.
If
objections
have
been
filed
to
the
nominations
of
either
of
those
school
officials,
that
official
shall
not
pass
on
the
objection.
The
official’s
place
shall
be
filled
by
a
member
House
File
566,
p.
19
of
the
school
board
against
whom
no
objection
exists.
The
replacement
shall
be
chosen
by
ballot.
Sec.
40.
Section
277.20,
Code
2017,
is
amended
to
read
as
follows:
277.20
Canvassing
returns.
1.
On
the
next
Friday
after
the
regular
school
election,
the
county
board
of
supervisors
shall
The
canvass
the
of
returns
made
to
the
county
commissioner
of
elections
from
the
several
precinct
polling
places
and
the
absentee
ballot
counting
board,
ascertain
the
result
of
the
voting
with
regard
to
every
matter
voted
upon
and
cause
a
record
to
be
made
thereof
as
required
by
shall
be
conducted
pursuant
to
section
50.24
.
Special
elections
held
in
school
districts
shall
be
canvassed
at
the
time
and
in
the
manner
required
by
that
section
50.24
.
The
appropriate
board
of
supervisors
shall
declare
the
results
of
the
voting
for
members
of
boards
of
directors
of
school
corporations
nominated
pursuant
to
section
277.4
,
and
the
commissioner
of
elections
or
controlling
commissioner
for
the
district
shall
at
once
issue
a
certificate
of
election
to
each
person
declared
elected.
The
appropriate
board
shall
also
declare
the
results
of
the
voting
on
any
public
question
submitted
to
the
voters
of
a
single
school
district,
and
the
commissioner
or
controlling
commissioner
shall
certify
the
result
as
required
by
section
50.27
.
2.
The
abstracts
of
the
votes
cast
for
members
of
the
board
of
directors
of
any
merged
area,
and
of
the
votes
cast
on
any
public
question
submitted
to
the
voters
of
any
merged
area,
shall
be
promptly
certified
by
the
county
commissioner
of
elections
to
the
merged
area’s
controlling
county
commissioner
of
elections
who
is
responsible
under
section
47.2
for
conducting
the
elections
held
for
that
merged
area
.
Sec.
41.
Section
376.6,
subsection
2,
Code
2017,
is
amended
to
read
as
follows:
2.
Each
city
clerk
shall
certify
to
the
city’s
controlling
commissioner
of
elections
responsible
under
section
47.2
for
conducting
elections
for
that
city
the
type
of
nomination
process
to
be
used
for
the
city
no
later
than
ninety
days
before
the
date
of
the
regular
city
election.
If
the
city
has
by
ordinance
chosen
a
runoff
election
or
has
chosen
to
have
House
File
566,
p.
20
nominations
made
in
the
manner
provided
by
chapter
44
or
45
,
or
has
repealed
nomination
provisions
under
those
sections
in
preference
for
the
primary
election
method,
a
copy
of
the
city
ordinance
shall
be
attached.
No
changes
in
the
method
of
nomination
to
be
used
in
a
city
shall
be
made
after
the
clerk
has
filed
the
certification
with
the
commissioner,
unless
the
change
will
not
take
effect
until
after
the
next
regular
city
election.
Sec.
42.
Section
376.9,
subsection
2,
Code
2017,
is
amended
to
read
as
follows:
2.
a.
Runoff
elections
shall
be
held
four
weeks
after
the
date
of
the
regular
city
election
and
shall
be
conducted
in
the
same
manner
as
regular
city
elections
,
except
that
the
county
board
of
supervisors
required
to
canvass
the
vote
of
the
runoff
election
pursuant
to
section
50.24
shall
meet
to
canvass
the
vote
on
the
Thursday
following
the
runoff
election
.
b.
For
a
city
that
is
located
in
more
than
one
county,
the
county
board
of
supervisors
conducting
the
canvass
under
paragraph
“a”
shall
transmit
abstracts
for
the
offices
and
public
measures
of
that
city,
along
with
individual
tallies
for
each
write-in
candidate,
to
the
city’s
controlling
commissioner
under
section
47.2
within
twenty-four
hours
of
completing
the
canvass.
The
county
board
of
supervisors
of
the
county
of
the
controlling
commissioner
shall
canvass
the
abstracts
received
pursuant
to
this
subsection
on
the
first
Monday
or
the
first
Tuesday
after
the
day
of
the
runoff
election
and
shall
proceed
as
provided
in
section
50.24,
subsection
3A.
Sec.
43.
REPEAL.
Section
277.6,
Code
2017,
is
repealed.
Sec.
44.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
effect
July
1,
2019.
DIVISION
III
TRANSITION
PROVISIONS
Sec.
45.
TERM
OF
OFFICE
——
TRANSITION
PROVISIONS.
1.
Notwithstanding
the
provisions
of
section
260C.11
designating
a
term
of
four
years
for
members
of
a
board
of
directors
of
a
merged
area,
the
term
of
office
for
a
seat
on
a
board
of
directors
filled
at
the
regular
school
election
held
on:
a.
September
8,
2015,
shall
expire
November
5,
2019.
House
File
566,
p.
21
b.
September
12,
2017,
shall
expire
November
2,
2021.
2.
Notwithstanding
the
provisions
of
section
273.8,
subsection
1,
designating
a
term
of
four
years
for
members
of
a
board
of
directors
of
an
area
education
agency,
the
term
of
office
for
a
seat
on
a
board
of
directors
filled
by
election
in:
a.
September
2015
shall
expire
November
30,
2019.
b.
September
2017
shall
expire
November
30,
2021.
3.
Notwithstanding
the
provisions
of
section
274.7
designating
a
term
of
four
years
for
members
of
a
board
of
directors
of
a
school
district,
the
term
of
office
for
a
seat
on
a
board
of
directors
filled
at
the
regular
school
election
held
on:
a.
September
8,
2015,
shall
expire
November
5,
2019.
b.
September
12,
2017,
shall
expire
November
2,
2021.
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
JACK
WHITVER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
566,
Eighty-seventh
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2017
______________________________
TERRY
E.
BRANSTAD
Governor