House
File
2469
-
Introduced
HOUSE
FILE
2469
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
667)
A
BILL
FOR
An
Act
relating
to
the
administration
of
the
election
laws
1
by
the
secretary
of
state
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5439HV
(1)
83
sc/nh
H.F.
2469
Section
1.
Section
49.4,
subsection
1,
Code
2009,
is
amended
1
to
read
as
follows:
2
1.
Where
a
civil
township,
or
the
portion
of
a
civil
3
township
outside
the
corporate
limits
of
any
city
of
over
4
two
thousand
population
contained
therein
within
the
civil
5
township
,
is
divided
into
two
or
more
election
precincts,
the
6
precincts
shall
be
so
drawn
that
their
total
populations
shall
7
be
reasonably
equal
on
the
basis
of
data
available
from
the
8
most
recent
federal
decennial
census
,
except
where
the
division
9
is
necessary
to
comply
with
section
49.3,
subsection
3
.
10
Sec.
2.
Section
49.8,
Code
2009,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
3A.
If
city
population
data
certified
by
13
the
United
States
bureau
of
the
census
following
the
federal
14
decennial
census
is
revised
and
the
revision
is
certified
by
15
the
United
States
bureau
of
the
census,
such
revisions
may
16
be
used
to
revise
precinct
and
ward
boundaries
in
accordance
17
with
the
requirements
of
sections
49.3
and
49.5.
The
board
of
18
supervisors
shall
determine
whether
such
revised
population
19
data
affects
the
population
equality
of
supervisor
districts.
20
If
necessary,
the
temporary
county
redistricting
commission
21
shall
be
reconvened,
notwithstanding
section
331.210A,
22
subsection
4,
and
supervisor
districts
shall
be
revised
23
in
accordance
with
the
requirements
of
section
331.210A,
24
subsection
2.
25
Sec.
3.
Section
49.13,
Code
Supplement
2009,
is
amended
by
26
adding
the
following
new
subsection:
27
NEW
SUBSECTION
.
3A.
In
appointing
the
election
board
to
28
serve
for
a
nonpartisan
election,
the
commissioner
may
give
29
preference
to
the
persons
who
are
willing
to
serve
without
pay
30
identified
pursuant
to
section
49.15,
subsection
2,
paragraph
31
“b”
,
by
the
city
council
or
the
school
board.
32
Sec.
4.
Section
49.14,
subsections
1
and
2,
Code
2009,
are
33
amended
to
read
as
follows:
34
1.
The
commissioner
may
appoint
substitute
precinct
35
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2469
election
officials
as
alternates
for
election
board
members.
1
The
responsibilities
and
duties
of
a
precinct
election
2
official
,
other
than
the
chairperson,
present
at
the
time
the
3
polling
place
was
opened
on
the
day
of
an
election
may
be
4
assumed
at
any
later
time
that
day
by
a
substitute
appointed
5
as
an
alternate.
The
substitute
shall
serve
either
for
the
6
balance
of
that
election
day
or
for
any
shorter
period
of
7
time
the
commissioner
may
designate.
At
partisan
elections,
8
a
substitute
precinct
election
official
assuming
the
duties
9
of
a
precinct
election
official
shall
be
a
member
of
the
same
10
political
party
as
the
precinct
election
official
whose
duties
11
are
being
assumed
,
unless
substitution
of
a
precinct
election
12
official
not
of
the
same
political
party
results
in
no
more
13
than
a
simple
majority
of
the
total
number
of
precinct
election
14
officials
serving
in
that
precinct
being
members
of
the
same
15
political
party
.
16
2.
Substitute
precinct
election
officials
shall
be
17
appointed
and
shall
serve
in
accordance
with
sections
49.12,
18
49.13,
49.15,
and
49.16,
and
shall
receive
compensation
as
19
provided
by
sections
49.19
,
49.20
,
and
49.125.
Upon
arriving
20
at
the
polling
place
and
prior
to
performing
any
official
duty,
21
a
substitute
precinct
election
official
shall
take
the
oath
22
required
by
section
49.75.
23
Sec.
5.
Section
49.15,
subsection
2,
paragraph
b,
Code
2009,
24
is
amended
to
read
as
follows:
25
b.
The
commissioner
may
also
place
on
the
election
board
26
panel
names
of
persons
whom
either
the
city
council
of
a
city
27
of
three
thousand
five
hundred
or
less
population
or
a
school
28
board
has
advised
the
commissioner
at
least
thirty
days
before
29
each
primary
election
are
willing
to
serve
without
pay
at
30
elections
conducted
for
that
school
district
or
city,
as
the
31
case
may
be,
during
the
tenure
of
the
election
board
panel
on
32
which
these
names
are
included.
33
Sec.
6.
Section
49.16,
subsection
4,
Code
2009,
is
amended
34
to
read
as
follows:
35
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2469
4.
In
appointing
the
election
board
for
any
election
1
conducted
for
a
city
of
three
thousand
five
hundred
or
less
2
population,
or
any
a
school
district,
the
commissioner
may
give
3
preference
to
any
persons
who
are
willing
to
serve
without
pay
4
at
those
elections.
5
Sec.
7.
Section
49.20,
Code
2009,
is
amended
to
read
as
6
follows:
7
49.20
Compensation
of
members.
8
The
members
of
election
boards
shall
be
deemed
temporary
9
state
employees
who
are
compensated
by
the
county
in
which
they
10
serve,
and
shall
receive
compensation
at
a
rate
established
11
by
the
board
of
supervisors,
which
shall
be
not
less
than
12
the
minimum
wage
established
in
section
91D.1,
subsection
13
1,
paragraph
“b”
,
while
engaged
in
the
discharge
of
their
14
duties
and
shall
be
reimbursed
for
actual
and
necessary
travel
15
expense
at
a
rate
determined
by
the
board
of
supervisors,
16
except
that
persons
who
have
advised
the
commissioner
prior
to
17
their
appointment
to
the
election
board
that
they
are
willing
18
to
serve
without
pay
at
elections
conducted
for
any
a
school
19
district
or
a
city
of
three
thousand
five
hundred
or
less
20
population,
shall
receive
no
compensation
for
service
at
those
21
elections.
Compensation
shall
be
paid
to
members
of
election
22
boards
only
after
the
vote
has
been
canvassed
and
it
has
been
23
determined
in
the
course
of
the
canvass
that
the
election
24
record
certificate
has
been
properly
executed
by
the
election
25
board.
26
Sec.
8.
Section
49.72,
Code
2009,
is
amended
to
read
as
27
follows:
28
49.72
Absentee
voters
designated
before
polling
place
opened.
29
The
commissioner
shall
deliver
to
each
precinct
election
30
board
not
less
than
one
hour
before
the
time
at
which
the
31
polls
are
to
open
for
any
election
the
list
of
all
registered
32
voters
of
that
precinct
who
have
been
given
or
sent
an
33
absentee
ballot
for
that
election,
and
the
election
board
shall
34
immediately
designate
those
registered
voters
who
are
so
listed
35
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2469
and
therefore
not
entitled
to
vote
in
person
at
the
polls,
1
except
as
required
by
provided
in
section
53.19
,
subsection
3
.
2
Sec.
9.
Section
49.77,
subsection
4,
paragraph
c,
Code
3
Supplement
2009,
is
amended
to
read
as
follows:
4
c.
A
person
who
has
been
sent
an
absentee
ballot
by
mail
but
5
for
any
reason
has
not
received
it
shall
be
permitted
to
cast
a
6
ballot
in
person
pursuant
to
section
53.19
and
in
the
manner
7
prescribed
by
section
49.81
.
8
Sec.
10.
Section
49.81,
subsection
1,
Code
2009,
is
amended
9
to
read
as
follows:
10
1.
A
prospective
voter
who
is
prohibited
under
section
11
48A.8,
subsection
4,
section
49.77,
subsection
4,
or
section
12
49.80
,
or
section
53.19,
subsection
3,
from
voting
except
under
13
this
section
shall
be
notified
by
the
appropriate
precinct
14
election
official
that
the
voter
may
cast
a
provisional
15
ballot.
If
a
booth
meeting
the
requirement
of
section
16
49.25
is
not
available
at
that
polling
place,
the
precinct
17
election
officials
shall
make
alternative
arrangements
to
18
insure
the
voter
the
opportunity
to
vote
in
secret.
The
voter
19
shall
mark
the
ballot
,
fold
it
or
insert
it
in
a
secrecy
20
envelope
as
required
by
section
49.84
,
and
immediately
seal
21
it
in
an
envelope
of
the
type
prescribed
by
subsection
4.
22
The
voter
shall
deliver
the
sealed
envelope
to
a
precinct
23
election
official
who
shall
deposit
it
in
an
envelope
marked
24
“provisional
ballots”.
The
ballot
shall
be
considered
as
25
having
been
cast
in
the
special
precinct
established
by
section
26
53.20
for
purposes
of
the
postelection
canvass.
27
Sec.
11.
Section
49.104,
subsection
3,
Code
2009,
is
amended
28
to
read
as
follows:
29
3.
Any
number
of
persons
not
exceeding
three
at
a
time
from
30
each
of
such
political
parties,
appointed
and
accredited
in
the
31
same
manner
as
above
prescribed
in
subsection
2
for
challenging
32
committees,
and
any
number
of
persons
not
exceeding
three
at
a
33
time
appointed
as
observers
under
subsection
5,
to
witness
the
34
counting
of
ballots.
Subject
to
the
restrictions
of
section
35
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2469
51.11,
the
witnesses
and
observers
may
observe
the
counting
1
of
ballots
by
a
counting
board
during
the
hours
the
polls
are
2
open
in
any
precinct
for
which
double
election
boards
have
been
3
appointed.
4
Sec.
12.
Section
51.11,
Code
2009,
is
amended
to
read
as
5
follows:
6
51.11
Presence
of
persons.
7
No
person
shall
be
admitted
into
the
space
or
room
where
such
8
ballots
are
being
counted
until
the
polls
are
closed,
except
9
the
counting
board
,
and
the
witnesses
appointed
and
accredited
10
under
section
49.104,
subsection
3
,
and
the
observers
appointed
11
under
section
49.104,
subsection
5
.
It
shall
be
unlawful
12
for
any
witness
or
observer
to
communicate
or
attempt
to
13
communicate,
directly
or
indirectly,
information
regarding
the
14
progress
of
the
count
at
any
time
before
the
polls
are
closed.
15
Sec.
13.
Section
53.18,
subsections
2
and
3,
Code
Supplement
16
2009,
are
amended
to
read
as
follows:
17
2.
If
the
commissioner
receives
the
return
envelope
18
containing
the
completed
absentee
ballot
by
5:00
p.m.
on
the
19
Saturday
before
the
election
for
general
and
primary
elections
20
and
by
5:00
p.m.
on
the
Friday
before
the
election
for
all
21
other
elections,
the
commissioner
shall
open
the
envelope
to
22
review
the
affidavit
for
any
deficiencies
completeness
.
If
the
23
affidavit
contains
a
deficiency
that
would
cause
the
ballot
24
to
be
rejected
is
incomplete
,
the
commissioner
shall,
within
25
twenty-four
hours
of
the
time
the
envelope
was
received,
notify
26
the
voter
of
that
fact
and
that
the
voter
may
correct
the
27
deficiency
complete
the
affidavit
in
person
at
the
office
of
28
the
commissioner
by
5:00
p.m.
on
the
day
before
the
election
,
29
vote
a
replacement
ballot
in
the
manner
and
within
the
time
30
period
provided
in
subsection
3,
or
appear
at
the
voter’s
31
precinct
polling
place
on
election
day
and
cast
a
ballot
in
32
accordance
with
section
53.19,
subsection
3
.
33
3.
If
the
affidavit
envelope
is
open
when
received
by
the
34
commissioner,
or
has
been
opened
and
resealed,
or
if
the
ballot
35
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2469
is
not
enclosed
in
the
affidavit
envelope
contains
a
defect
1
that
would
cause
the
absentee
ballot
to
be
rejected
by
the
2
absentee
and
special
voters
precinct
board
,
the
commissioner
3
shall
immediately
notify
the
voter
of
that
fact
and
that
4
the
voter’s
absentee
ballot
shall
not
be
counted
unless
the
5
voter
applies
for
a
replacement
ballot
requests
and
returns
6
the
a
replacement
ballot
in
the
time
permitted
under
section
7
53.17,
subsection
2.
The
replacement
ballot
application
shall
8
be
the
same
as
is
required
for
an
application
under
section
9
53.2
.
If
the
information
on
the
replacement
ballot
application
10
matches
the
information
on
the
original
application,
the
11
voter
shall
be
allowed
to
complete
a
replacement
absentee
12
ballot.
The
voter
may
request
a
replacement
ballot
in
person,
13
in
writing,
or
over
the
telephone.
The
same
serial
number
14
that
was
assigned
to
the
records
of
the
original
absentee
15
ballot
application
shall
be
used
on
the
envelope
and
records
16
of
the
replacement
ballot.
The
affidavit
envelope
containing
17
the
completed
replacement
ballot
shall
be
marked
“Replacement
18
ballot”.
The
affidavit
envelope
containing
the
original
19
ballot
shall
be
marked
“Defective
ballot”
“Defective”
and
the
20
replacement
ballot
and
replacement
ballot
application
shall
be
21
attached
to
the
original
application
and
affidavit
envelope
22
containing
the
original
ballot
and
shall
be
stored
in
a
secure
23
place
until
they
are
delivered
to
the
absentee
and
special
24
voters
precinct
board,
notwithstanding
sections
53.26
and
25
53.27.
26
Sec.
14.
Section
53.19,
Code
2009,
is
amended
to
read
as
27
follows:
28
53.19
Listing
absentee
ballots.
29
1.
The
commissioner
shall
maintain
a
list
of
the
absentee
30
ballots
provided
to
registered
voters,
the
serial
number
31
appearing
on
the
unsealed
envelope,
the
date
the
application
32
for
the
absentee
ballot
was
received,
and
the
date
the
absentee
33
ballot
was
sent
to
the
registered
voter
requesting
the
absentee
34
ballot.
35
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2469
2.
The
commissioner
shall
provide
each
precinct
election
1
board
with
a
list
of
all
registered
voters
from
that
precinct
2
who
have
received
an
absentee
ballot.
The
precinct
officials
3
shall
immediately
designate
on
the
election
register
those
4
registered
voters
who
have
received
an
absentee
ballot
and
are
5
not
entitled
to
vote
in
person
at
the
polls
,
except
as
provided
6
in
subsection
3
.
7
3.
a.
However,
any
A
registered
voter
who
has
received
an
8
absentee
ballot
and
not
returned
it
may
surrender
the
absentee
9
ballot
to
the
precinct
officials
and
vote
in
person
at
the
10
polls.
The
precinct
officials
shall
mark
the
uncast
absentee
11
ballot
“void”
and
return
it
to
the
commissioner.
12
b.
Any
A
registered
voter
who
has
been
sent
requested
an
13
absentee
ballot
by
mail
but
for
any
reason
has
not
received
14
it
or
who
has
not
brought
the
ballot
to
the
polls
may
appear
15
at
the
voter’s
precinct
polling
place
on
election
day
and
,
16
after
the
precinct
election
officials
confirm
the
commissioner
17
has
not
received
the
voter’s
absentee
ballot,
the
voter
18
shall
be
permitted
to
vote
in
person
at
the
polls.
If
the
19
precinct
election
officials
are
unable
to
confirm
whether
the
20
commissioner
has
received
the
voter’s
absentee
ballot,
the
21
voter
shall
cast
a
ballot
in
accordance
with
section
49.81.
22
c.
Any
A
registered
voter
who
has
been
notified
by
23
the
commissioner
pursuant
to
section
53.18
of
the
need
to
24
correct
a
deficiency
on
complete
the
affidavit
or
to
apply
25
for
and
vote
a
replacement
absentee
ballot
and
who
has
not
26
corrected
the
deficiency
completed
the
affidavit
or
voted
a
27
replacement
absentee
ballot
may
appear
at
the
voter’s
precinct
28
polling
place
on
election
day
and
,
after
the
precinct
election
29
officials
confirm
the
voter
has
not
completed
the
affidavit
30
or
voted
a
replacement
ballot,
the
voter
shall
be
permitted
31
to
vote
in
person
at
the
polls.
If
the
precinct
election
32
officials
are
unable
to
confirm
whether
the
voter
has
completed
33
the
affidavit
or
voted
a
replacement
ballot,
the
voter
shall
34
cast
a
ballot
in
accordance
with
section
49.81.
35
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Sec.
15.
Section
260C.15,
Code
Supplement
2009,
is
amended
1
by
adding
the
following
new
subsection:
2
NEW
SUBSECTION
.
3A.
a.
Objections
to
the
legal
sufficiency
3
of
a
nomination
petition
or
to
the
eligibility
of
a
candidate
4
may
be
filed
by
any
person
who
would
have
the
right
to
vote
for
5
a
candidate
for
the
office
in
question.
6
b.
The
objection
must
be
filed
with
the
secretary
of
the
7
board
as
least
thirty-five
days
before
the
day
of
the
election
8
at
which
members
of
the
board
are
elected.
When
objections
9
are
filed,
notice
shall
immediately
be
given
to
the
candidate
10
affected,
addressed
to
the
candidate’s
place
of
residence
as
11
given
on
the
candidate’s
affidavit,
stating
that
objections
12
have
been
made
to
the
legal
sufficiency
of
the
petition
or
to
13
the
eligibility
of
the
candidate,
and
also
stating
the
time
and
14
place
the
objections
will
be
considered.
The
board
secretary
15
shall
also
attempt
to
notify
the
candidate
by
telephone
if
16
the
candidate
provided
a
telephone
number
on
the
candidate’s
17
affidavit.
18
c.
Objections
shall
be
considered
not
later
than
two
working
19
days
following
the
receipt
of
the
objections
by
the
president
20
of
the
board
of
directors,
the
secretary
of
the
board,
and
21
one
additional
director
of
the
board
chosen
by
ballot.
If
22
objections
have
been
filed
to
the
nominations
of
either
of
the
23
directors,
that
director
shall
not
pass
on
the
objection.
The
24
director’s
place
shall
be
filled
by
a
member
of
the
board
of
25
directors
against
whom
no
objection
exists.
The
replacement
26
shall
be
chosen
by
ballot.
27
Sec.
16.
REPEAL.
Section
49.19,
Code
Supplement
2009,
is
28
repealed.
29
Sec.
17.
EFFECTIVE
UPON
ENACTMENT.
The
sections
of
this
Act
30
amending
sections
49.13,
49.14,
49.15,
49.16,
and
49.20,
and
31
repealing
section
49.19,
being
deemed
of
immediate
importance,
32
take
effect
upon
enactment.
33
EXPLANATION
34
This
bill
makes
changes
relating
to
the
policy
35
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administration
of
the
election
laws
by
the
secretary
of
state.
1
Code
section
49.4,
relating
to
the
drawing
of
election
2
precincts,
is
amended
to
specify
that
the
requirement
that
3
election
precincts
be
composed
of
contiguous
territory
4
within
a
single
county,
the
boundaries
of
which
are
to
follow
5
the
boundaries
of
census
tracts,
takes
precedence
over
the
6
requirement
that
townships
of
over
2,000
population
be
divided
7
into
precincts
of
“reasonably
equal”
population.
8
Code
section
49.8
provides
exceptions
to
the
limitation
9
that
election
precincts
be
redrawn
or
changed
only
in
the
year
10
following
the
federal
decennial
census.
The
Code
section
11
is
amended
to
provide
that
a
city
may
revise
its
precinct
12
boundaries
if
there
are
revisions
to
the
city’s
population
data
13
certified
by
the
United
States
census
bureau.
The
Code
section
14
is
also
amended
to
provide
that
if
such
revised
population
data
15
affects
the
population
equality
of
supervisor
districts,
the
16
temporary
county
redistricting
commission
shall
be
reconvened
17
to
revise
the
boundaries
of
those
districts.
18
Code
section
49.13
is
amended
to
authorize
the
county
19
commissioner
of
elections,
when
appointing
an
election
board
20
panel
for
nonpartisan
elections
to
give
preference
to
persons
21
identified
by
a
city
or
school
district
as
willing
to
serve
22
without
pay.
23
Code
section
49.14
is
amended
to
allow
for
the
substitution
24
of
a
precinct
chairperson
during
the
course
of
the
election
day
25
and
also
allows
for
substitution
of
an
election
official
from
26
a
political
party
other
than
that
of
the
official
vacating
if
27
such
substitution
would
not
cause
the
political
party
balance
28
among
the
precinct
election
officials
to
be
out
of
compliance
29
with
statutory
requirements.
30
Code
section
49.15
is
amended
to
provide
that
the
city
31
council
of
any
city
may
notify
the
county
commissioner
of
32
elections
of
persons
in
the
city
willing
to
serve
on
precinct
33
election
boards
at
a
city
election
without
pay.
Under
34
current
law,
only
cities
with
a
population
of
3,500
or
less
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could
notify
the
commissioner.
The
bill
makes
corresponding
1
amendments
to
Code
sections
49.16
and
49.20
and
a
corresponding
2
repeal
of
Code
section
49.19.
3
The
sections
of
the
bill
amending
Code
sections
49.13,
4
49.14,
49.15,
49.16,
and
49.20,
and
repealing
Code
section
5
49.19
take
effect
upon
enactment.
6
Code
section
49.81
is
amended
to
strike
language
in
that
7
Code
section
that
is
redundant
to
Code
section
49.84,
regarding
8
marking
and
returning
a
ballot.
9
Code
section
51.11,
relating
to
double
counting
election
10
boards
appointed
by
the
county
commissioner
of
elections
for
11
each
election
in
which
a
high
voter
turnout
is
anticipated,
12
is
amended
to
include
observers
appointed
to
observe
at
the
13
polling
place
as
persons
who
may
be
admitted
to
the
room
to
14
witness
the
counting
of
ballots.
A
corresponding
amendment
is
15
made
to
Code
section
49.104.
16
Code
section
53.19
prescribes
procedures
to
be
followed
on
17
election
day
regarding
persons
who
requested
to
vote
absentee
18
for
that
election.
The
bill
amends
Code
section
53.19
to
19
provide
that
a
person
who
received
an
absentee
ballot
and
who
20
did
not
surrender
the
ballot
at
the
polling
place,
or
a
person
21
who
was
notified
of
a
deficiency
on
the
affidavit
accompanying
22
a
returned
absentee
ballot,
is
required
to
vote
a
provisional
23
ballot
only
if
the
precinct
election
officials
at
the
polling
24
place
are
unable
to
confirm
whether
the
commissioner
received
25
an
absentee
ballot
from
the
voter
or
whether
the
voter
26
completed
the
affidavit
or
voted
a
replacement
absentee
ballot,
27
whichever
is
applicable.
The
bill
makes
conforming
amendments
28
to
Code
sections
49.72,
49.77,
49.81,
and
53.18.
29
Code
section
260C.15
is
amended
to
establish
a
procedure
30
for
objections
to
the
nomination
petition
or
eligibility
of
31
a
candidate
for
member
of
the
board
of
directors
of
a
merged
32
area.
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