HF 2355 (LSB 6092YH (4) 83)

HOUSE FILE 2355

BY  HEDDENS

A BILL FOR

An Act relating to the composition of election board panels appointed by the county commissioner of elections and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 49.12, Code 2009, is amended to read as follows:
   49.12  Election boards.

   There shall be appointed in each election precinct an election board which shall ordinarily consist of three or five precinct election officials. At the commissioner’s discretion, additional precinct election officials may be appointed to work at any election. Double election boards may be appointed for any precinct as provided by chapter 51. Not more than a simple majority of the members of the election board in any precinct, or of the two combined boards in any precinct for which a double election board is appointed, shall be members of the same political party or organization if one or more registered voters of another party or organization or registered voters who do not indicate affiliation with a party or organization are qualified and willing to serve on the board.
    Sec. 2.  Section 49.13, subsection 2, Code Supplement 2009, is amended to read as follows:
   2.  To the extent necessary, election boards shall include members of the two political parties whose candidates for president of the United States or for governor, as the case may be, received the largest and next largest number of votes in the county at the last general election. Election boards may shall also include persons not members of either of these parties. However, persons who are not members of either of these political parties shall not comprise more than one-third of the membership of an election board.
    Sec. 3.  Section 49.14, subsection 3, paragraph a, Code 2009, is amended to read as follows:
   a.  The election board panel drawn up pursuant to section 49.15 contains the names of a sufficient number of political party designees and persons affiliated with no party to permit appointment of both the regular precinct election officials and any substitute precinct election officials from that panel; or
    Sec. 4.  Section 49.15, subsection 2, paragraph a, Code 2009, is amended to read as follows:
   a.  Each panel shall include members of each of the political parties referred to in section 49.13, whose names may be designated by the county chairpersons of each of these political parties not less than thirty days prior to each primary election. The commissioner may place on the election board panel names of persons known by the commissioner to be members of these political parties, if the respective county chairpersons fail to designate a sufficient number of names, and may also add. Each panel shall include names of persons, whether or not they who are not members of either of these political parties, who have advised the commissioner they are willing to serve on the election board.
    Sec. 5.  Section 49.18, Code 2009, is amended to read as follows:
   49.18  Vacancies occurring on election day.

   If, at the opening of the polls in any precinct, there shall be a vacancy in the office of the precinct election official, the vacancy shall be filled by the commissioner or, with the commissioner’s approval and for that election only by the members of the board present, consideration being given to the political party affiliation or no party affiliation of the person appointed if necessary in order to comply with the requirements of sections 49.12 and 49.13.
    Sec. 6.  EFFECTIVE UPON ENACTMENT AND APPLICABILITY.  This Act, being deemed of immediate importance, takes effect upon enactment and applies to election board panel members appointed on or after that date.
EXPLANATION
   This bill requires the appointment of persons not affiliated with a political party or nonparty organization to election board panels appointed by the county commissioner of elections. The members of the election board serving at each precinct polling place are chosen from the election board panel. Current law providing that not more than one-third of the membership of an election board may be comprised of persons who are not members of either of the political parties is retained.
   The bill takes effect upon enactment and applies to election board panel members appointed on or after that date.