House File 246 - Introduced



                                       HOUSE FILE       
                                       BY  REICHERT


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the vote of qualified electors for elections
  2    in drainage or levee districts managed by a board of trustees
  3    and including transition provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1902YH 83
  6 da/sc/14

PAG LIN



  1  1    Section 1.  Section 468.510, Code 2009, is amended to read
  1  2 as follows:
  1  3    468.510  QUALIFICATIONS OF VOTERS.
  1  4    Each landowner eighteen years of age or over without regard
  1  5 to sex and any railway or other corporation owning land in
  1  6 said district assessed for benefits shall be entitled to one
  1  7 vote only, except as provided in section 468.511.
  1  8    Sec. 2.  Section 468.511, subsection 1, Code 2009, is
  1  9 amended to read as follows:
  1 10    1.  When a petition asking for the right to vote in
  1 11 proportion to assessment of benefits at all elections for any
  1 12 purpose thereafter to be held within said district, signed by
  1 13 a majority of the landowners owning land within said district
  1 14 assessed for benefits, is filed with the board of trustees,
  1 15 then, in all elections of trustees thereafter held within said
  1 16 district, any person whose land is assessed for benefits
  1 17 without regard to age, sex, or condition shall be entitled to
  1 18 one vote for each ten dollars or fraction thereof of the
  1 19 original assessment under the current classification against
  1 20 the land actually owned by the person in said district at the
  1 21 time of the election, but in order to have such ballot counted
  1 22 for more than one vote the voter shall write the voter's name
  1 23 upon the ballot.  The vote of any landowner of the district
  1 24 may be cast by absent voters ballot as provided in chapter 53
  1 25 except that the form of the applications for ballots, the
  1 26 voters' affidavits on the envelopes, and the endorsement of
  1 27 the carrier envelope for preserving the ballot shall be
  1 28 substantially in the form provided in subsections 2, 3 and 4,
  1 29 below.  Application blanks, envelopes and ballots shall be
  1 30 provided by and submitted to the office of the county auditor
  1 31 in which the election is held.  The cost of such blanks,
  1 32 envelopes, ballots and postage shall be paid by the district.
  1 33 For the purpose of this subchapter all landowners of the
  1 34 district shall be considered qualified voters, regardless of
  1 35 their place of residence.
  2  1    Sec. 3.  Section 468.512, Code 2009, is amended to read as
  2  2 follows:
  2  3    468.512  VOTE BY AGENT.
  2  4    Except where the provisions of section 468.511, providing
  2  5 for vote in proportion to assessment are invoked, any A person
  2  6 or corporation owning land or right of way within the district
  2  7 and assessed for benefits may have the person's or the
  2  8 corporation's vote cast by the person's or the corporation's
  2  9 agent or proxy authorized to cast such vote by a power of
  2 10 attorney signed and acknowledged by such person or
  2 11 corporation, and filed before such vote is cast in the
  2 12 auditor's office of the county in which such election is held.
  2 13 Every such power of attorney shall specify the particular
  2 14 election for which it is to be used, indicating the day,
  2 15 month, and year of such election, and shall be void for all
  2 16 elections subsequently held.  The vote of the owner of any
  2 17 land in a drainage or levee district in any election, where
  2 18 the vote is not determined by assessment, may be cast by
  2 19 absent voters ballot in the same manner and form and subject
  2 20 to the same rights and restrictions as is provided in section
  2 21 468.511 relating to vote by absentee ballot when votes are
  2 22 determined by assessment.
  2 23    Sec. 4.  AMENDMENT OF ORGANIC DOCUMENTS.  A drainage or
  2 24 levee district organized as a private entity and under the
  2 25 control and management of a board of trustees as provided in
  2 26 chapter 468, subchapter III, shall amend the district's
  2 27 organic documents, including its articles of incorporation and
  2 28 bylaws, in order to comply with this Act.
  2 29    Sec. 5.  TRANSITION AND ELECTION PROVISIONS.  The term of
  2 30 office for those trustees of a levee or drainage district in
  2 31 which the vote of qualified electors for office of trustee was
  2 32 in proportion to assessment of benefits as provided in section
  2 33 468.511 shall terminate on the fourth Saturday in January
  2 34 2010.  Successors to the office of trustee in such districts
  2 35 shall be elected at the election held on the third Saturday of
  3  1 January 2010, as if it were an original election under section
  3  2 468.518, and the tenure of office and election of successors
  3  3 shall be as provided in that section.
  3  4                           EXPLANATION
  3  5    Code chapter 468, subchapter III, provides for the
  3  6 management of drainage or levee districts by a board of
  3  7 trustees elected by landowners in the district.
  3  8    Code section 468.510 provides that each landowner in the
  3  9 district who is at least 18 years old or corporations are
  3 10 entitled to one vote, with one exception provided in Code
  3 11 section 468.511, which in part allows landowners to vote in
  3 12 proportion to their assessment of benefits at all elections
  3 13 within the district.  The bill eliminates that exception.
  3 14    The bill provides that the board of trustees of such a
  3 15 district that is organized as a private entity (e.g., a
  3 16 nonprofit corporation) must amend its articles of
  3 17 incorporation and bylaws, in order to comply with the
  3 18 one=person, one=vote requirement.  In addition, the district
  3 19 must conduct a new election to elect trustees to serve
  3 20 staggered terms.
  3 21 LSB 1902YH 83
  3 22 da/sc/14