House
Study
Bill
668
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
SECRETARY
OF
STATE
BILL)
A
BILL
FOR
An
Act
making
technical
changes
to
the
laws
relating
to
1
elections
and
voter
registration
and
including
effective
2
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5442DP
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83
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S.F.
_____
H.F.
_____
Section
1.
Section
43.4,
unnumbered
paragraph
4,
Code
1
Supplement
2009,
is
amended
to
read
as
follows:
2
Within
fourteen
sixty
days
after
the
date
of
the
caucus
3
the
county
central
committee
shall
certify
to
the
county
4
commissioner
the
names
of
those
elected
as
party
committee
5
members
and
delegates
to
the
county
convention.
The
6
commissioner
shall
retain
precinct
caucus
records
for
7
twenty-two
months.
In
addition,
within
fourteen
days
after
8
the
date
of
the
precinct
caucus,
the
chairperson
of
the
county
9
central
committee
shall
deliver
to
the
county
commissioner
all
10
completed
voter
registration
forms
received
at
the
caucus.
11
Sec.
2.
Section
43.30,
Code
2009,
is
amended
by
striking
the
12
section
and
inserting
in
lieu
thereof
the
following:
13
43.30
Sample
ballots.
14
1.
The
commissioner
shall
prepare
sample
ballots
for
each
15
political
party.
The
sample
ballots
shall
be
clearly
marked
as
16
sample
ballots
and
shall
be
delivered
to
the
precinct
election
17
officials
for
posting
in
the
polling
place
pursuant
to
section
18
49.71,
subsection
2.
19
2.
The
commissioner
shall
make
sample
ballots
available
to
20
the
public
upon
request.
The
sample
ballots
shall
be
clearly
21
marked
as
sample
ballots.
A
reasonable
fee
may
be
charged
for
22
printing
costs
if
a
person
requests
multiple
copies
of
sample
23
ballots.
24
Sec.
3.
Section
43.38,
Code
2009,
is
amended
to
read
as
25
follows:
26
43.38
Voter
confined
to
party
ticket.
27
The
elector
shall
be
allowed
to
vote
for
candidates
for
28
nomination
on
the
ballot
of
the
party
with
which
the
elector
is
29
registered
as
affiliated,
and
shall
receive
no
other
ballot.
30
The
voter
shall
mark
and
return
the
ballot
,
folded,
to
one
of
31
the
precinct
election
officials
who
shall
deposit
it
in
the
32
ballot
box
in
the
manner
provided
in
section
49.84
.
33
Sec.
4.
Section
43.39,
Code
2009,
is
amended
to
read
as
34
follows:
35
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43.39
Ballot
for
another
party’s
candidate.
1
If
any
primary
elector
write
writes
upon
the
elector’s
2
ticket
the
name
of
any
person
who
is
a
candidate
for
the
same
3
office
upon
some
other
party
ticket
than
that
upon
which
the
4
candidate’s
name
shall
be
so
written,
such
ballot
shall
be
so
5
counted
for
such
person
only
as
a
candidate
of
the
party
upon
6
whose
ballot
the
candidate’s
name
is
written,
and
shall
in
no
7
case
be
counted
for
such
person
as
a
candidate
upon
any
other
8
ticket.
9
Sec.
5.
Section
43.43,
Code
2009,
is
amended
to
read
as
10
follows:
11
43.43
Voter’s
declaration
of
eligibility.
12
Each
person
voting
at
a
primary
election
shall
sign
a
13
declaration
of
eligibility
which
shall
be
in
substantially
the
14
following
form:
15
I
do
solemnly
swear
or
affirm
that
I
am
a
resident
of
16
the
............................................
17
precinct,
....................................
ward
or
township,
18
city
of
........................
,
19
county
of
........................
,
Iowa.
20
I
am
a
registered
voter.
I
have
not
voted
and
will
not
vote
21
in
any
other
precinct
in
this
election.
22
I
am
affiliated
with
the
........................
party.
If
23
my
current
voter
registration
record
indicates
another
party
24
affiliation
or
no
party
affiliation,
I
swear
or
affirm
that
25
I
have
in
good
faith
changed
my
previously
declared
party
26
affiliation,
or
declared
my
party
affiliation,
and
now
desire
27
to
be
a
member
of
the
party
indicated
above.
28
....................................
29
Signature
of
voter
30
....................................
31
Address
32
(........)........................
33
Telephone
(optional)
34
Approved:
35
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_____
H.F.
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....................................
................
1
Election
board
member
Date
2
Sec.
6.
Section
43.45,
subsection
2,
Code
Supplement
2009,
3
is
amended
by
striking
the
subsection.
4
Sec.
7.
Section
43.46,
Code
2009,
is
amended
to
read
as
5
follows:
6
43.46
Delivering
returns.
7
The
precinct
election
officials
shall
deliver
all
election
8
supplies,
by
noon
of
the
day
after
the
close
of
the
polls,
to
9
the
commissioner
who
shall
carefully
preserve
them
and
deliver
10
the
returns
and
envelopes
containing
ballots,
in
the
condition
11
in
which
received
except
as
is
otherwise
required
by
sections
12
50.20
to
50.22,
to
the
county
board
of
supervisors.
13
Sec.
8.
Section
43.49,
subsection
1,
unnumbered
paragraph
14
1,
Code
2009,
is
amended
to
read
as
follows:
15
On
the
Monday
or
Tuesday
following
the
primary
election,
the
16
board
of
supervisors
shall
meet,
open
,
and
canvass
the
returns
17
from
each
voting
precinct
in
the
county,
and
make
abstracts
18
thereof,
stating
in
words
written
at
length
the
following
:
19
Sec.
9.
Section
43.49,
subsection
1,
paragraph
c,
Code
2009,
20
is
amended
to
read
as
follows:
21
c.
The
votes
of
all
write-in
candidates
who
each
received
22
less
than
two
five
percent
of
the
votes
cast
for
an
office
23
reported
collectively
under
the
heading
“scattering”.
24
Sec.
10.
Section
43.61,
Code
2009,
is
amended
to
read
as
25
follows:
26
43.61
Returns
filed
and
abstracts
recorded.
27
When
the
canvass
is
concluded,
the
board
shall
deliver
the
28
original
returns
to
the
commissioner,
who
shall
file
the
same
29
and
record
preserve
each
of
the
abstracts
mentioned
in
section
30
43.60,
in
the
election
book
pursuant
to
section
50.19
.
31
Sec.
11.
Section
43.72,
Code
2009,
is
amended
to
read
as
32
follows:
33
43.72
State
returns
filed
and
recorded.
34
When
the
canvass
is
concluded,
the
board
shall
deliver
the
35
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_____
H.F.
_____
original
abstract
returns
to
the
state
commissioner,
who
shall
1
file
the
same
returns
in
the
state
commissioner’s
office
and
2
record
preserve
the
abstracts
of
the
canvass
of
the
state
board
3
and
certificates
attached
thereto
in
the
book
kept
by
the
state
4
commissioner
known
as
the
election
book
.
The
commissioner
may
5
preserve
the
abstracts
and
certificates
attached
thereto
in
an
6
electronic
format.
7
Sec.
12.
Section
47.6,
subsection
1,
paragraph
a,
8
subparagraph
(1),
subparagraph
division
(b),
Code
Supplement
9
2009,
is
amended
to
read
as
follows:
10
(b)
If
the
proposed
date
of
the
special
election
coincides
11
with
the
date
of
a
regularly
scheduled
election
or
previously
12
scheduled
special
election,
the
notice
shall
be
given
no
13
later
than
5:00
p.m.
on
the
last
day
on
which
nomination
14
papers
may
be
filed
with
the
commissioner
for
the
regularly
15
scheduled
election
or
previously
scheduled
special
election,
16
but
in
no
case
shall
notice
be
less
than
thirty-two
days
17
before
the
election.
Otherwise,
the
notice
shall
be
given
at
18
least
thirty-two
forty-six
days
in
advance
of
the
date
of
the
19
proposed
special
election.
20
Sec.
13.
Section
48A.5,
subsection
2,
paragraph
c,
Code
21
2009,
is
amended
to
read
as
follows:
22
c.
Be
at
least
eighteen
years
of
age.
Completed
23
registration
forms
shall
be
accepted
from
registrants
who
24
are
at
least
seventeen
and
one-half
years
of
age;
however,
25
the
registration
shall
not
be
effective
until
the
registrant
26
reaches
the
age
of
eighteen.
The
commissioner
of
registration
27
shall
ensure
that
the
birth
date
shown
on
the
registration
form
28
is
at
least
seventeen
and
one-half
years
earlier
than
the
date
29
the
registration
is
processed.
A
registrant
who
is
at
least
30
seventeen
and
one-half
years
of
age
and
who
will
be
eighteen
31
by
the
date
of
a
pending
election
is
a
registered
voter
for
the
32
pending
election
for
purposes
of
chapter
53.
33
Sec.
14.
Section
48A.27,
subsection
2,
paragraph
a,
34
subparagraph
(1),
Code
Supplement
2009,
is
amended
to
read
as
35
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follows:
1
(1)
A
signed,
written
notice
to
the
county
commissioner
in
2
person,
by
mail,
by
facsimile,
or
by
electronic
mail
.
3
Sec.
15.
Section
49.3,
unnumbered
paragraph
1,
Code
2009,
4
is
amended
to
read
as
follows:
5
Election
precincts
shall
be
drawn
and
named
or
numbered
by
6
the
county
board
of
supervisors
or
the
temporary
county
7
redistricting
commission
in
all
unincorporated
portions
of
8
each
county,
and
by
the
city
council
of
each
city
in
which
it
9
is
necessary
or
deemed
advisable
to
establish
more
than
one
10
precinct.
Precincts
established
as
provided
by
this
chapter
11
shall
be
used
for
all
elections,
except
where
temporary
merger
12
of
established
precincts
is
specifically
permitted
by
law
13
for
certain
elections,
and
no
political
subdivision
shall
14
concurrently
maintain
different
sets
of
precincts
for
use
in
15
different
types
of
elections.
Election
precincts
shall
be
16
drawn
so
that:
17
Sec.
16.
Section
49.13,
subsection
2,
Code
Supplement
2009,
18
is
amended
to
read
as
follows:
19
2.
To
the
extent
necessary
For
all
elections
in
which
20
a
partisan
office
is
on
the
ballot
,
election
boards
shall
21
include
members
of
the
two
political
parties
whose
candidates
22
for
president
of
the
United
States
or
for
governor,
as
the
23
case
may
be,
received
the
largest
and
next
largest
number
of
24
votes
in
the
county
at
the
last
general
election.
Election
25
boards
may
also
include
persons
not
members
of
either
of
these
26
parties.
However,
persons
who
are
not
members
of
either
of
27
these
political
parties
shall
not
comprise
more
than
one-third
28
of
the
membership
of
an
election
board.
29
Sec.
17.
Section
49.26,
subsection
2,
paragraph
b,
Code
30
Supplement
2009,
is
amended
to
read
as
follows:
31
b.
If
the
commissioner
concludes
,
pursuant
to
paragraph
32
“a”
,
that
voting
will
probably
be
so
light
as
to
make
counting
33
of
ballots
by
the
precinct
election
officials
less
expensive
34
than
preparation
and
use
of
automatic
tabulating
equipment,
35
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paper
ballots
shall
may
be
used.
The
If
paper
ballots
are
1
used,
the
commissioner
may
shall
use
ballots
and
instructions
2
similar
to
those
used
when
the
ballots
are
counted
by
automatic
3
tabulating
equipment.
4
Sec.
18.
Section
49.30,
Code
2009,
is
amended
to
read
as
5
follows:
6
49.30
All
candidates
and
issues
on
one
ballot
——
exceptions.
7
All
constitutional
amendments,
all
public
measures,
and
the
8
names
of
all
candidates,
other
than
presidential
electors,
to
9
be
voted
for
in
each
election
precinct,
shall
be
printed
on
one
10
ballot,
except
that
separate
ballots
are
authorized
under
the
11
following
circumstances:
12
1.
Where
optical
scan
ballots
are
used,
if
when
it
is
not
13
possible
to
include
all
offices
and
public
measures
on
a
single
14
ballot
,
.
In
the
event
that
it
is
not
possible
to
include
15
all
offices
and
public
measures
on
a
single
ballot,
separate
16
ballots
may
be
provided
for
nonpartisan
offices,
judges,
or
17
public
measures.
18
2.
Where
conventional
paper
ballots
are
used,
separate
19
paper
ballots
shall
be
used:
20
a.
For
the
election
of
township
officers
in
precincts
21
including
both
incorporated
and
unincorporated
areas
or
more
22
than
one
township.
23
b.
For
public
measures.
24
c.
For
judges.
25
Sec.
19.
Section
49.43,
subsection
1,
Code
Supplement
2009,
26
is
amended
to
read
as
follows:
27
1.
If
possible,
all
public
measures
and
constitutional
28
amendments
to
be
voted
upon
by
an
elector
shall
be
included
29
on
a
single
ballot
which
shall
also
include
all
offices
to
be
30
voted
upon.
However,
if
it
is
necessary,
a
separate
ballot
may
31
be
used
as
provided
in
section
49.30
,
subsection
1
.
32
Sec.
20.
Section
49.70,
Code
2009,
is
amended
to
read
as
33
follows:
34
49.70
Precinct
election
officials
furnished
instructions.
35
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S.F.
_____
H.F.
_____
The
commissioner
shall
cause
copies
of
each
set
of
1
instructions
addressing
the
rights
of
voters
and
instructions
2
for
voting
to
be
printed
in
large,
clear
type
,
under
the
3
heading
of
“Rights
of
Voters”
and
“Instructions
for
Voting”,
as
4
applicable,
and
.
The
commissioner
shall
furnish
the
precinct
5
election
officials
with
a
sufficient
number
of
each
set
of
6
instructions
as
will
enable
them
to
comply
with
section
49.71.
7
Sec.
21.
Section
49.77,
subsection
1,
paragraph
a,
Code
8
Supplement
2009,
is
amended
to
read
as
follows:
9
a.
Any
person
desiring
to
vote
shall
sign
a
voter’s
10
declaration
provided
by
the
officials,
in
substantially
the
11
following
form:
12
“VOTER’S
DECLARATION
13
OF
ELIGIBILITY
14
I
do
solemnly
swear
or
affirm
that
I
am
a
resident
of
15
the
................
precinct,
................
ward
or
16
township,
city
of
................................
,
county
17
of
................................
,
Iowa.
18
I
am
a
registered
voter.
I
have
not
voted
and
will
not
vote
19
in
any
other
precinct
in
said
election.
20
I
understand
that
any
false
statement
in
this
declaration
is
21
a
criminal
offense
punishable
as
provided
by
law.
22
............................................
23
Signature
of
Voter
24
............................................
25
Address
26
............................................
27
Telephone
(optional)
28
Approved:
29
............................................
30
Board
Member”
31
Sec.
22.
Section
49.77,
subsection
2,
Code
Supplement
2009,
32
is
amended
to
read
as
follows:
33
2.
If
the
declaration
of
eligibility
is
not
printed
on
each
34
page
of
the
election
register,
any
of
those
persons
present
35
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S.F.
_____
H.F.
_____
pursuant
to
section
49.104,
subsection
2,
3,
or
5
,
or
6
,
may
1
upon
request
view
the
signed
declarations
of
eligibility
and
2
may
review
the
signed
declarations
on
file
so
long
as
the
3
person
does
not
interfere
with
the
functions
of
the
precinct
4
election
officials.
If
the
declaration
of
eligibility
is
5
printed
on
the
election
register,
voters
shall
also
sign
6
a
voter
roster
which
the
precinct
election
official
shall
7
make
available
for
viewing.
Any
of
those
persons
present
8
pursuant
to
section
49.104,
subsection
2,
3,
or
5,
or
6,
may
9
upon
request
view
the
roster
of
those
voters
who
have
signed
10
declarations
of
eligibility,
so
long
as
the
person
does
11
not
interfere
with
the
functions
of
the
precinct
election
12
officials.
13
Sec.
23.
Section
49.79,
subsection
3,
paragraph
a,
Code
14
2009,
is
amended
to
read
as
follows:
15
a.
The
state
commissioner
of
elections
shall
prescribe
16
a
form
to
be
used
for
by
a
registered
voter
challenging
a
17
prospective
voter
at
the
polls.
A
precinct
election
official
18
working
at
the
precinct
is
not
required
to
use
the
challenge
19
form.
The
challenge
form
shall
include
a
space
for
the
20
challenger
to
provide
the
challenger’s
printed
name,
signature,
21
address,
and
telephone
number.
The
challenge
form
shall
also
22
contain
the
following
statement
signed
by
the
challenger:
23
“I
am
a
registered
voter
in
(name
of
county)
County,
Iowa.
I
24
swear
or
affirm
that
information
contained
in
this
challenge
25
is
true.
I
understand
that
knowingly
filing
a
challenge
26
containing
false
information
is
an
aggravated
misdemeanor.”
27
Sec.
24.
Section
50.19,
Code
2009,
is
amended
to
read
as
28
follows:
29
50.19
Preservation
and
destruction
of
books.
30
1.
The
commissioner
may
destroy
precinct
election
31
registers,
the
declarations
of
eligibility
signed
by
voters,
32
and
other
material
pertaining
to
any
election
in
which
federal
33
offices
are
not
on
the
ballot,
except
the
tally
lists
and
34
abstracts
of
votes
which
have
not
been
electronically
recorded,
35
-8-
LSB
5442DP
(9)
83
sc/nh
8/
31
S.F.
_____
H.F.
_____
six
months
after
the
election
if
a
contest
is
not
pending.
If
1
a
contest
is
pending
all
election
materials
shall
be
preserved
2
until
final
determination
of
the
contest.
Before
destroying
3
the
election
registers
and
declarations
of
eligibility,
the
4
commissioner
shall
prepare
records
as
necessary
to
permit
5
compliance
with
chapter
48A,
subchapter
V.
Nomination
papers
6
for
primary
election
candidates
for
state
and
county
offices
7
shall
be
destroyed
ten
days
before
the
general
election,
if
a
8
contest
is
not
pending.
9
2.
Material
pertaining
to
elections
for
federal
offices,
10
including
ballots,
precinct
election
registers,
declarations
of
11
eligibility
signed
by
voters,
documents
relating
to
absentee
12
ballots,
and
challenges
of
voters,
shall
be
preserved
for
13
twenty-two
months
after
the
election.
If
a
contest
is
not
14
pending
the
materials
may
be
destroyed
at
the
end
of
the
15
retention
period.
16
Sec.
25.
Section
50.24,
subsection
3,
Code
Supplement
2009,
17
is
amended
to
read
as
follows:
18
3.
The
board
shall
certify
an
election
canvass
summary
19
report
prepared
by
the
commissioner.
The
election
canvass
20
summary
report
shall
include
the
results
of
the
election,
21
including
scatterings,
overvotes,
and
undervotes,
by
precinct
22
for
each
contest
and
public
measure
that
appeared
on
the
ballot
23
of
the
election
being
canvassed.
However,
if
paper
ballots
are
24
used
pursuant
to
section
49.26,
the
election
canvass
summary
25
report
shall
not
include
overvotes
and
undervotes.
26
Sec.
26.
Section
50.24,
subsection
4,
Code
Supplement
2009,
27
is
amended
by
striking
the
subsection.
28
Sec.
27.
Section
50.30A,
Code
Supplement
2009,
is
amended
29
to
read
as
follows:
30
50.30A
Election
canvass
summary
forwarded
to
state
31
commissioner.
32
The
commissioner
shall,
within
thirteen
days
after
each
33
primary
and
election,
general
election,
and
special
election
34
conducted
pursuant
to
section
69.14,
forward
to
the
state
35
-9-
LSB
5442DP
(9)
83
sc/nh
9/
31
S.F.
_____
H.F.
_____
commissioner
a
true
and
exact
copy
of
the
election
canvass
1
summary
report
certified
by
the
county
board
of
canvassers.
2
Sec.
28.
Section
50.46,
Code
2009,
is
amended
to
read
as
3
follows:
4
50.46
Special
elections
——
canvass
and
certificate.
5
When
a
special
election
has
been
held
to
fill
a
vacancy,
6
pursuant
to
section
69.14,
the
board
of
county
canvassers
7
shall
meet
at
one
o’clock
in
the
afternoon
of
no
earlier
than
8
1:00
p.m.
on
the
second
day
after
the
election,
and
canvass
9
the
votes
cast
at
the
election.
If
the
second
day
after
10
the
election
is
a
public
holiday,
section
4.1,
subsection
11
34,
controls.
The
commissioner,
as
soon
as
the
canvass
is
12
completed,
shall
transmit
to
the
state
commissioner
an
abstract
13
of
the
votes
so
canvassed,
and
the
state
board,
within
five
14
days
after
receiving
such
abstracts,
shall
canvass
the
tally
15
lists.
A
certificate
of
election
shall
be
issued
by
the
county
16
or
state
board
of
canvassers,
as
in
other
cases.
All
the
17
provisions
regulating
elections,
obtaining
tally
lists,
and
18
canvass
of
votes
at
general
elections,
except
as
to
time,
shall
19
apply
to
special
elections.
20
Sec.
29.
Section
53.2,
subsection
7,
Code
Supplement
2009,
21
is
amended
to
read
as
follows:
22
7.
A
registered
voter
who
has
not
moved
from
the
county
in
23
which
the
elector
is
registered
to
vote
may
submit
a
change
24
of
name,
telephone
number,
or
address
on
the
absentee
ballot
25
application
form
when
requesting
an
absentee
ballot.
The
26
commissioner
may
also
update
a
voter’s
identification
number,
27
as
described
in
section
48A.11,
subsection
1,
paragraph
“e”
,
28
if
an
identification
number
is
provided
on
an
absentee
ballot
29
application.
Upon
receipt
of
a
properly
completed
form,
the
30
commissioner
shall
enter
a
notation
of
the
change
on
the
31
registration
records.
32
Sec.
30.
Section
53.39,
Code
2009,
is
amended
to
read
as
33
follows:
34
53.39
Request
for
ballot
——
when
available.
35
-10-
LSB
5442DP
(9)
83
sc/nh
10/
31
S.F.
_____
H.F.
_____
1.
Section
53.2
does
not
apply
in
the
case
of
a
qualified
1
voter
of
the
state
of
Iowa
serving
in
the
armed
forces
of
the
2
United
States.
In
any
such
case
an
application
for
ballot
as
3
provided
for
in
that
section
is
not
required
and
an
absent
4
voter’s
ballot
shall
be
sent
or
made
available
to
any
such
5
qualified
voter
upon
a
request
as
provided
in
this
division.
6
2.
All
official
ballots
to
be
voted
by
qualified
absent
7
voters
in
the
armed
forces
of
the
United
States
at
the
primary
8
election
and
the
general
election
shall
be
printed
prior
9
to
forty
forty-five
days
before
the
respective
elections
10
and
shall
be
available
for
transmittal
to
such
qualified
11
voters
in
the
armed
forces
of
the
United
States
at
least
12
forty
forty-five
days
before
the
respective
elections.
The
13
provisions
of
this
chapter
apply
to
absent
voting
by
qualified
14
voters
in
the
armed
forces
of
the
United
States
except
as
15
modified
by
the
provisions
of
this
division.
16
Sec.
31.
Section
53.40,
subsection
1,
paragraph
a,
Code
17
Supplement
2009,
is
amended
to
read
as
follows:
18
a.
A
request
in
writing
for
a
ballot
may
be
made
by
any
19
member
of
the
armed
forces
of
the
United
States
who
is
or
will
20
be
a
qualified
voter
on
the
day
of
the
election
at
which
the
21
ballot
is
to
be
cast,
at
any
time
before
the
election.
Any
22
member
of
the
armed
forces
of
the
United
States
may
request
23
ballots
for
all
elections
to
be
held
through
the
next
two
24
general
elections
during
a
calendar
year
.
The
request
may
25
be
made
by
using
the
federal
postcard
application
form
and
26
indicating
that
the
applicant
wishes
to
receive
ballots
for
27
all
elections
as
permitted
by
state
law.
The
If
the
applicant
28
does
not
specify
which
elections
the
request
is
for,
the
county
29
commissioner
shall
send
the
applicant
a
ballot
for
each
30
federal
election
held
after
the
application
is
received
and
31
through
the
next
two
general
elections
until
the
end
of
the
32
calendar
year
in
which
the
request
is
received
.
The
If
the
33
applicant
requests
ballots
for
all
elections
to
be
held
in
a
34
calendar
year,
the
commissioner
,
if
necessary,
shall
forward
35
-11-
LSB
5442DP
(9)
83
sc/nh
11/
31
S.F.
_____
H.F.
_____
a
copy
of
the
absentee
ballot
request
to
other
commissioners
1
who
are
responsible
under
section
47.2,
subsection
2,
for
2
conducting
elections
in
which
the
applicant
is
eligible
to
3
vote.
4
Sec.
32.
Section
53.40,
subsection
2,
Code
Supplement
2009,
5
is
amended
to
read
as
follows:
6
2.
The
commissioner
shall
immediately
on
the
fortieth
7
forty-fifth
day
prior
to
the
particular
election
transmit
8
ballots
to
the
voter
by
mail
or
otherwise,
postage
prepaid,
9
as
directed
by
the
state
commissioner,
requests
for
which
10
are
in
the
commissioner’s
hands
at
that
time,
and
thereafter
11
so
transmit
ballots
immediately
upon
receipt
of
requests.
A
12
request
for
ballot
for
the
primary
election
which
does
not
13
state
the
party
affiliation
of
the
voter
making
the
request
is
14
void
and
of
no
effect.
A
request
which
does
not
show
that
the
15
person
for
whom
a
ballot
is
requested
will
be
a
qualified
voter
16
in
the
precinct
in
which
the
ballot
is
to
be
cast
on
the
day
17
of
the
election
for
which
the
ballot
is
requested,
shall
not
18
be
honored.
However,
a
request
which
states
the
age
and
the
19
city,
including
street
address,
if
any,
or
township,
and
county
20
where
the
voter
resides
,
and
which
shows
a
sufficient
period
of
21
residence,
is
sufficient
to
show
that
the
person
is
a
qualified
22
voter.
A
request
by
the
voter
containing
substantially
the
23
information
required
is
sufficient.
24
Sec.
33.
Section
260C.13,
subsection
2,
Code
2009,
is
25
amended
to
read
as
follows:
26
2.
The
board
of
the
merged
area
shall
redraw
boundary
lines
27
of
director
districts
in
the
merged
area
after
each
federal
28
decennial
census
to
compensate
for
changes
in
population
if
29
changes
in
population
have
taken
place
.
30
Sec.
34.
Section
260C.13,
subsection
3,
paragraph
e,
Code
31
2009,
is
amended
to
read
as
follows:
32
e.
Cities
A
city
shall
not
be
divided
into
two
or
more
33
director
districts
unless
the
population
of
that
portion
of
the
34
city
that
is
within
the
merged
area
is
greater
than
the
ideal
35
-12-
LSB
5442DP
(9)
83
sc/nh
12/
31
S.F.
_____
H.F.
_____
size
of
a
director
district.
Cities
shall
be
divided
into
the
1
smallest
number
of
director
districts
possible.
2
Sec.
35.
Section
260C.15,
subsection
3,
Code
Supplement
3
2009,
is
amended
to
read
as
follows:
4
3.
Nomination
papers
in
on
behalf
of
candidates
for
5
member
of
the
board
of
directors
of
a
merged
area
shall
6
be
filed
with
the
secretary
of
the
board
not
earlier
than
7
sixty-five
sixty-four
days
nor
later
than
five
o’clock
8
5:00
p.m.
on
the
fortieth
day
prior
to
the
election
at
which
9
members
of
the
board
are
to
be
elected.
The
On
the
day
10
following
the
last
day
on
which
nomination
petitions
can
be
11
filed,
and
no
later
than
5:00
p.m.
on
that
day,
the
secretary
12
shall
deliver
all
nomination
petitions
so
filed,
together
with
13
the
text
of
any
public
measure
being
submitted
by
the
board
14
of
directors
to
the
electorate,
to
the
county
commissioner
15
of
elections
who
is
responsible
under
section
47.2
for
16
conducting
elections
held
for
the
merged
area
,
not
later
than
17
five
o’clock
p.m.
on
the
day
following
the
last
day
on
which
18
nomination
petitions
can
be
filed
.
That
commissioner
shall
19
certify
the
names
of
candidates,
and
the
text
and
summary
of
20
any
public
measure
being
submitted
to
the
electorate,
to
all
21
county
commissioners
of
elections
in
the
merged
area
by
the
22
thirty-fifth
day
prior
to
the
election.
23
Sec.
36.
Section
275.23A,
subsection
1,
paragraph
e,
Code
24
2009,
is
amended
to
read
as
follows:
25
e.
Cities
A
city
shall
not
be
divided
into
two
or
more
26
director
districts
unless
the
population
of
that
portion
of
the
27
city
that
is
within
the
school
district
is
greater
than
the
28
ideal
size
of
a
director
district.
Cities
shall
be
divided
29
into
the
smallest
number
of
director
districts
possible.
30
Sec.
37.
Section
275.37A,
subsection
1,
Code
2009,
is
31
amended
to
read
as
follows:
32
1.
A
change
from
seven
to
five
directors
shall
be
effected
33
in
a
district
at
the
first
regular
school
election
after
34
authorization
by
the
voters
in
the
following
manner:
35
-13-
LSB
5442DP
(9)
83
sc/nh
13/
31
S.F.
_____
H.F.
_____
a.
If
at
the
first
election
in
the
district
there
are
four
1
terms
expiring,
three
two
directors
shall
be
elected.
At
the
2
second
election
in
that
district,
if
three
terms
are
expiring,
3
two
three
directors
shall
be
elected.
4
b.
If
at
the
first
election
there
are
three
terms
expiring,
5
two
directors
one
director
shall
be
elected.
At
the
second
6
election
in
that
district,
if
four
terms
are
expiring,
three
7
directors
shall
be
elected
for
a
four-year
term
and
one
8
director
shall
be
elected
for
a
two-year
term
.
9
Sec.
38.
Section
277.4,
Code
2009,
is
amended
to
read
as
10
follows:
11
277.4
Nominations
required.
12
1.
Nomination
papers
for
all
candidates
for
election
13
to
office
in
each
school
district
shall
be
filed
with
the
14
secretary
of
the
school
board
not
more
than
sixty-four
days,
15
nor
less
than
forty
days
before
the
election.
Nomination
16
petitions
shall
be
filed
not
later
than
five
5:00
p.m.
on
the
17
last
day
for
filing.
If
the
school
board
secretary
is
not
18
readily
available
during
normal
office
hours,
the
secretary
19
may
designate
a
full-time
employee
of
the
school
district
who
20
is
ordinarily
available
to
accept
nomination
papers
under
21
this
section.
On
the
final
date
for
filing
nomination
papers
22
the
office
of
the
school
secretary
shall
remain
open
until
23
five
5:00
p.m.
24
2.
a.
Each
candidate
shall
be
nominated
by
petition.
If
25
the
candidate
is
running
for
a
seat
in
the
district
which
is
26
voted
for
at-large,
the
petition
must
be
signed
by
the
greater
27
of
at
least
ten
eligible
electors
or
a
number
of
eligible
28
electors
equal
in
number
to
not
less
than
one
percent
of
the
29
registered
voters
of
the
school
district,
which
number
need
not
30
be
more
than
fifty.
If
the
candidate
is
running
for
a
seat
31
which
is
voted
for
only
by
the
voters
of
a
director
district,
32
the
petition
must
be
signed
by
the
greater
of
at
least
ten
33
eligible
electors
of
the
director
district
or
a
number
of
34
eligible
electors
equal
in
number
to
not
less
than
one
percent
35
-14-
LSB
5442DP
(9)
83
sc/nh
14/
31
S.F.
_____
H.F.
_____
of
the
registered
voters
in
the
director
district,
which
number
1
need
not
be
more
than
fifty.
2
b.
Signers
of
nomination
petitions
shall
include
their
3
addresses
and
the
date
of
signing,
and
must
reside
in
the
same
4
director
district
as
the
candidate
if
directors
are
elected
5
by
the
voters
of
a
director
district,
rather
than
at-large.
6
A
person
may
sign
nomination
petitions
for
more
than
one
7
candidate
for
the
same
office,
and
the
signature
is
not
invalid
8
solely
because
the
person
signed
nomination
petitions
for
9
one
or
more
other
candidates
for
the
office.
The
petition
10
shall
be
filed
with
the
affidavit
of
the
candidate
being
11
nominated,
stating
the
candidate’s
name,
place
of
residence,
12
that
such
person
is
a
candidate
and
is
eligible
for
the
office
13
the
candidate
seeks,
and
that
if
elected
the
candidate
will
14
qualify
for
the
office.
The
affidavit
shall
also
state
that
15
the
candidate
is
aware
that
the
candidate
is
disqualified
from
16
holding
office
if
the
candidate
has
been
convicted
of
a
felony
17
or
other
infamous
crime
and
the
candidate’s
rights
have
not
18
been
restored
by
the
governor
or
by
the
president
of
the
United
19
States.
20
3.
The
secretary
of
the
school
board
shall
accept
the
21
petition
for
filing
if
on
its
face
it
appears
to
have
the
22
requisite
number
of
signatures
and
if
it
is
timely
filed.
The
23
secretary
of
the
school
board
shall
note
upon
each
petition
24
and
affidavit
accepted
for
filing
the
date
and
time
that
the
25
petition
was
filed.
The
secretary
of
the
school
board
shall
26
deliver
all
nomination
petitions,
together
with
the
complete
27
text
of
any
public
measure
being
submitted
by
the
board
to
the
28
electorate,
to
the
county
commissioner
of
elections
not
later
29
than
five
o’clock
p.m.
on
the
day
following
the
last
day
on
30
which
nomination
petitions
can
be
filed
,
and
not
later
than
31
5:00
p.m.
on
that
day
.
32
4.
Any
person
on
whose
behalf
nomination
petitions
have
33
been
filed
under
this
section
may
withdraw
as
a
candidate
by
34
filing
a
signed
statement
to
that
effect
with
the
secretary
at
35
-15-
LSB
5442DP
(9)
83
sc/nh
15/
31
S.F.
_____
H.F.
_____
any
time
prior
to
five
o’clock
5:00
p.m.
on
the
thirty-fifth
1
day
before
the
election.
2
Sec.
39.
Section
279.1,
Code
2009,
is
amended
to
read
as
3
follows:
4
279.1
Organization.
5
1.
The
board
of
directors
of
each
school
corporation
shall
6
meet
and
organize
at
the
first
regular
meeting
after
the
7
canvass
for
the
regular
school
election
at
some
suitable
place
8
to
be
designated
by
the
secretary.
Notice
of
the
place
and
9
hour
of
the
meeting
shall
be
given
by
the
secretary
to
each
10
member
and
member-elect
of
the
board.
11
2.
Such
organization
shall
be
effected
by
the
election
of
a
12
president
from
the
members
of
the
board
to
serve
for
one
year
,
13
and
who
shall
be
entitled
to
vote
as
a
member.
14
Sec.
40.
Section
279.7,
Code
2009,
is
amended
to
read
as
15
follows:
16
279.7
Vacancies
filled
by
special
election
——
qualification
17
——
tenure.
18
1.
If
a
vacancy
or
vacancies
occur
among
the
elective
19
officers
or
members
of
a
school
board
and
the
remaining
members
20
of
the
board
have
not
filled
the
vacancy
within
thirty
days
21
after
the
vacancy
occurs
becomes
known
by
the
secretary
or
22
the
board
,
or
when
the
board
is
reduced
below
a
quorum,
the
23
secretary
of
the
board,
or
if
there
is
no
secretary,
the
area
24
education
agency
administrator,
shall
call
a
special
election
25
in
the
district,
subdistrict,
or
subdistricts,
as
the
case
may
26
be,
to
fill
the
vacancy
or
vacancies.
The
county
commissioner
27
of
elections
shall
publish
the
notices
required
by
law
for
28
special
elections,
and
the
election
shall
be
held
not
sooner
29
than
thirty
days
nor
later
than
forty
days
after
the
thirtieth
30
day
following
the
occurrence
of
day
the
vacancy
becomes
known
31
by
the
secretary
or
the
board
.
If
the
secretary
fails
for
more
32
than
three
days
to
call
an
election,
the
administrator
shall
33
call
it.
34
2.
Any
An
appointment
by
the
board
to
fill
any
vacancy
in
an
35
-16-
LSB
5442DP
(9)
83
sc/nh
16/
31
S.F.
_____
H.F.
_____
elective
office
on
or
after
the
day
notice
has
been
given
for
1
a
special
election
to
fill
such
vacancy
as
provided
herein
in
2
this
section
shall
be
null
and
void.
3
3.
In
any
the
case
of
a
special
election
as
provided
4
herein
in
this
section
to
fill
a
vacancy
occurring
among
the
5
elective
officers
or
members
of
a
school
board
before
the
6
expiration
of
a
full
term,
the
person
so
elected
shall
qualify
7
within
ten
days
thereafter
in
the
manner
required
by
section
8
277.28
and
shall
hold
office
for
the
residue
of
the
unexpired
9
term
and
until
a
successor
is
elected,
or
appointed,
and
10
qualified.
11
4.
Nomination
petitions
shall
be
filed
in
the
manner
12
provided
in
section
277.4,
except
that
the
petitions
shall
be
13
filed
not
less
than
twenty-five
days
before
the
date
set
for
14
the
election.
15
Sec.
41.
Section
279.33,
Code
2009,
is
amended
to
read
as
16
follows:
17
279.33
Annual
settlements.
18
1.
At
a
regular
or
special
meeting
held
on
or
after
August
19
31
of
each
year,
and
prior
to
the
organizational
meeting
20
held
after
the
regular
school
election,
the
board
of
each
21
school
corporation
shall
meet,
examine
the
books
of
and
settle
22
with
the
secretary
and
treasurer
for
the
year
ending
on
the
23
preceding
June
30,
and
transact
other
business
as
necessary.
24
The
treasurer
at
the
time
of
settlement
shall
furnish
the
board
25
with
a
statement
from
each
depository
showing
the
balance
then
26
on
deposit
in
the
depository.
If
the
secretary
or
treasurer
27
fails
to
make
proper
reports
for
the
settlement,
the
board
28
shall
take
action
to
obtain
the
balance
information.
29
2.
In
the
even-numbered
year,
the
board
shall,
at
the
30
meeting
described
in
subsection
1,
elect
a
president
for
a
term
31
of
one
year.
32
Sec.
42.
Section
298.2,
subsection
4,
paragraph
a,
Code
33
Supplement
2009,
is
amended
to
read
as
follows:
34
a.
The
board
may
on
its
own
motion,
and
upon
the
written
35
-17-
LSB
5442DP
(9)
83
sc/nh
17/
31
S.F.
_____
H.F.
_____
request
of
not
less
than
one
hundred
eligible
electors
or
1
thirty
percent
of
the
number
of
eligible
electors
voting
2
at
the
last
regular
school
election,
whichever
is
greater,
3
shall,
direct
the
county
commissioner
of
elections
to
provide
4
for
submitting
the
proposition
of
levying
the
voter-approved
5
physical
plant
and
equipment
levy
for
a
period
of
time
6
authorized
by
the
voters
in
at
the
notice
of
election,
not
7
to
exceed
ten
years
,
in
the
notice
of
the
regular
school
8
election
.
The
election
shall
be
held
on
a
date
specified
in
9
section
39.2,
subsection
4,
paragraph
“c”
.
The
proposition
is
10
adopted
if
a
majority
of
those
voting
on
the
proposition
at
the
11
election
approves
it.
The
voter-approved
physical
plant
and
12
equipment
levy
shall
be
funded
either
by
a
physical
plant
and
13
equipment
property
tax
or
by
a
combination
of
a
physical
plant
14
and
equipment
property
tax
and
a
physical
plant
and
equipment
15
income
surtax,
as
determined
by
the
board.
However,
if
the
16
board
intends
to
enter
into
a
rental
or
lease
arrangement
under
17
section
279.26,
or
intends
to
enter
into
a
loan
agreement
under
18
section
297.36,
only
a
property
tax
shall
be
levied
for
those
19
purposes.
Subject
to
the
limitations
of
section
298.14,
if
20
the
board
uses
a
combination
of
a
physical
plant
and
equipment
21
property
tax
and
a
physical
plant
and
equipment
surtax,
for
22
each
fiscal
year
the
board
shall
determine
the
percent
of
23
income
surtax
to
be
imposed
expressed
as
full
percentage
24
points,
not
to
exceed
twenty
percent.
25
Sec.
43.
Section
331.207,
subsections
2
and
5,
Code
2009,
26
are
amended
to
read
as
follows:
27
2.
The
petition
shall
be
filed
with
the
county
commissioner
28
by
June
1
of
an
odd-numbered
year,
subject
to
subsection
6.
29
The
special
election
shall
be
held
within
sixty
days
after
the
30
day
the
petition
was
received
on
the
first
Tuesday
in
August
31
of
the
odd-numbered
year
.
Notice
of
the
special
election
32
shall
be
published
once
each
week
for
three
successive
weeks
33
in
an
official
newspaper
of
the
county,
shall
state
the
34
representation
plans
to
be
submitted
to
the
electors,
and
shall
35
-18-
LSB
5442DP
(9)
83
sc/nh
18/
31
S.F.
_____
H.F.
_____
state
the
date
of
the
special
election
which
shall
be
held
not
1
less
than
five
nor
more
than
twenty
days
from
the
date
of
last
2
publication
.
The
last
in
the
series
of
publications
shall
3
occur
not
less
than
four
nor
more
than
twenty
days
before
the
4
election.
5
5.
If
the
plan
adopted
by
a
plurality
of
the
ballots
cast
6
in
the
special
election
represents
a
change
from
plan
“one”
to
7
plan
“two”
or
“three”,
or
from
plan
“two”
to
plan
“three”,
as
8
each
plan
is
defined
in
section
331.206,
the
temporary
county
9
redistricting
commission
shall
divide
the
county
into
districts
10
as
provided
in
sections
331.209
and
331.210.
The
plan
shall
11
be
completed
not
later
than
September
15
November
1
following
12
the
special
election
and
shall
be
submitted
to
the
state
13
commissioner
of
elections.
The
plan
shall
become
effective
the
14
following
January
1.
15
Sec.
44.
Section
331.425,
subsection
4,
Code
Supplement
16
2009,
is
amended
to
read
as
follows:
17
4.
The
canvass
shall
be
held
beginning
at
one
o’clock
on
the
18
second
day
which
that
is
not
a
holiday
following
the
special
19
levy
election
,
and
shall
begin
no
earlier
than
1:00
p.m.
on
20
that
day
.
21
Sec.
45.
Section
331.501,
subsection
1,
Code
2009,
is
22
amended
to
read
as
follows:
23
1.
The
office
of
auditor
is
an
elective
office
except
that
24
if
a
vacancy
occurs
in
the
office,
a
successor
shall
be
elected
25
or
appointed
to
the
unexpired
term
as
provided
in
chapter
69.
26
Sec.
46.
Section
331.551,
subsection
1,
Code
2009,
is
27
amended
to
read
as
follows:
28
1.
The
office
of
treasurer
is
an
elective
office
except
that
29
if
a
vacancy
occurs
in
the
office,
a
successor
shall
be
elected
30
or
appointed
to
the
unexpired
term
as
provided
in
chapter
69.
31
Sec.
47.
Section
331.601,
subsection
1,
Code
2009,
is
32
amended
to
read
as
follows:
33
1.
The
office
of
recorder
is
an
elective
office
except
that
34
if
a
vacancy
occurs
in
the
office,
a
successor
shall
be
elected
35
-19-
LSB
5442DP
(9)
83
sc/nh
19/
31
S.F.
_____
H.F.
_____
or
appointed
to
the
unexpired
term
as
provided
in
chapter
69.
1
Sec.
48.
Section
331.751,
subsection
1,
Code
2009,
is
2
amended
to
read
as
follows:
3
1.
The
office
of
county
attorney
is
an
elective
office
4
except
that
if
a
vacancy
occurs
in
the
office,
a
successor
5
shall
be
elected
or
appointed
to
the
unexpired
term
as
provided
6
in
chapter
69.
7
Sec.
49.
Section
357J.16,
Code
2009,
is
amended
to
read
as
8
follows:
9
357J.16
Bonds
in
anticipation
of
revenue.
10
A
district
may
anticipate
the
collection
of
taxes
by
the
11
levy
authorized
in
section
357J.10,
and
to
carry
out
the
12
purposes
of
this
chapter
may
issue
bonds
payable
in
not
more
13
than
ten
equal
installments
with
the
rate
of
interest
not
14
exceeding
that
permitted
by
chapter
74A.
An
indebtedness
15
shall
not
be
incurred
under
this
chapter
until
authorized
by
16
an
election.
The
election
shall
be
conducted
by
the
county
17
commissioner
of
elections
pursuant
to
chapters
39
through
53.
18
The
commission
shall
give
the
county
commissioner
of
elections
19
thirty-two
forty-six
days’
notice
of
the
special
election.
20
Sec.
50.
Section
359.11,
Code
2009,
is
amended
to
read
as
21
follows:
22
359.11
Officers
to
be
elected.
23
At
said
the
election
there
shall
be
elected
one
trustee
two
24
trustees
for
a
term
of
two
years
,
one
trustee
for
a
term
of
25
three
years,
and
one
trustee
for
a
term
of
four
years,
and
26
other
officers
as
provided
by
law
one
clerk
for
a
term
of
four
27
years
.
28
Sec.
51.
Section
376.4,
subsection
5,
Code
Supplement
2009,
29
is
amended
to
read
as
follows:
30
5.
Nomination
papers
filed
with
the
city
clerk
shall
be
31
available
for
public
inspection.
The
city
clerk
shall
deliver
32
all
nomination
papers
together
with
the
text
of
any
public
33
measure
being
submitted
by
the
city
council
to
the
electorate
34
to
the
county
commissioner
of
elections
not
later
than
5:00
35
-20-
LSB
5442DP
(9)
83
sc/nh
20/
31
S.F.
_____
H.F.
_____
p.m.
on
the
day
following
the
last
day
on
which
nomination
1
petitions
can
be
filed
,
and
not
later
than
5:00
p.m.
on
that
2
day
.
3
Sec.
52.
Section
376.7,
Code
2009,
is
amended
to
read
as
4
follows:
5
376.7
Date
of
primary.
6
1.
If
a
primary
election
is
necessary,
it
shall
be
held
7
on
the
Tuesday
four
weeks
before
the
date
of
the
regular
city
8
election.
For
each
office
on
the
ballot,
a
voter
shall
only
9
vote
for
the
number
of
persons
to
be
elected
to
that
office
at
10
the
regular
city
election.
The
county
board
of
supervisors
11
shall
publicly
canvass
the
tally
lists
of
the
vote
cast
in
12
the
primary
election,
following
the
procedures
prescribed
in
13
section
50.24,
at
a
meeting
to
be
held
beginning
at
one
o’clock
14
in
the
afternoon
on
the
second
day
following
the
primary
15
election
,
and
beginning
no
earlier
than
1:00
p.m.
on
that
day
.
16
2.
The
names
of
those
candidates
who
receive
the
highest
17
number
of
votes
for
each
office
on
the
primary
election
ballot,
18
to
the
extent
of
twice
the
number
of
unfilled
positions,
must
19
be
placed
on
the
ballot
for
the
regular
city
election
as
20
candidates
for
that
office.
21
Sec.
53.
Section
376.9,
Code
2009,
is
amended
to
read
as
22
follows:
23
376.9
Runoff
election.
24
1.
A
runoff
election
may
be
held
only
for
positions
unfilled
25
because
of
failure
of
a
sufficient
number
of
candidates
to
26
receive
a
majority
vote
in
the
regular
city
election.
When
a
27
council
has
chosen
a
runoff
election
in
lieu
of
a
primary,
the
28
county
board
of
supervisors
shall
publicly
canvass
the
tally
29
lists
of
the
vote
cast
in
the
regular
city
election,
following
30
the
procedures
prescribed
in
section
50.24,
at
a
meeting
to
be
31
held
beginning
at
one
o’clock
in
the
afternoon
on
the
second
32
day
following
the
regular
city
election
,
and
beginning
no
33
earlier
than
1:00
p.m.
on
that
day
.
Candidates
who
do
not
34
receive
a
majority
of
the
votes
cast
for
an
office,
but
who
35
-21-
LSB
5442DP
(9)
83
sc/nh
21/
31
S.F.
_____
H.F.
_____
receive
the
highest
number
of
votes
cast
for
that
office
in
the
1
regular
city
election,
to
the
extent
of
twice
the
number
of
2
unfilled
positions,
are
candidates
in
the
runoff
election.
3
2.
Runoff
elections
shall
be
held
four
weeks
after
the
date
4
of
the
regular
city
election
and
shall
be
conducted
in
the
same
5
manner
as
regular
city
elections.
6
3.
Candidates
in
the
runoff
election
who
receive
the
highest
7
number
of
votes
cast
for
each
office
on
the
ballot
are
elected
8
to
the
extent
necessary
to
fill
the
positions
open.
9
Sec.
54.
Section
376.11,
Code
2009,
is
amended
to
read
as
10
follows:
11
376.11
Write-in
votes.
12
1.
Write-in
votes
are
permitted
to
be
cast
in
all
elections
13
for
city
offices.
A
person
who
receives
a
sufficient
number
of
14
write-in
votes
to
be
elected
to
a
city
office
shall
be
declared
15
the
winner
of
the
election.
If
the
result
is
a
tie
vote,
lots
16
shall
be
drawn
pursuant
to
section
50.44.
If
a
person
who
was
17
elected
by
write-in
votes
chooses
not
to
serve
in
that
office
18
the
person
shall
submit
a
resignation
in
writing
to
the
city
19
clerk
not
later
than
five
5:00
p.m.
on
the
tenth
day
following
20
the
canvass
of
the
election.
If
a
person
who
was
elected
by
21
write-in
votes
resigns
at
a
later
time,
the
office
shall
be
22
considered
vacant
at
the
end
of
the
term
and
the
council
shall
23
fill
the
vacancy
pursuant
to
the
provisions
of
section
372.13,
24
subsection
2.
25
2.
Except
in
cities
where
the
council
has
chosen
a
runoff
26
election
in
lieu
of
a
primary,
following
the
resignation
of
27
a
person
who
was
elected
by
write-in
votes,
the
city
clerk
28
shall
notify
the
person
who
received
the
next
highest
number
29
of
votes
cast
for
the
office
that
the
person
may
assume
the
30
office.
If
there
is
more
than
one
person
who
received
the
31
next
highest
number
of
votes
cast
for
the
office,
lots
shall
32
be
drawn
pursuant
to
section
50.44
to
determine
the
person
33
who
received
the
next
highest
number
of
votes.
If
the
person
34
accepts
the
position,
the
person
shall
be
considered
the
duly
35
-22-
LSB
5442DP
(9)
83
sc/nh
22/
31
S.F.
_____
H.F.
_____
elected
officer
unless,
within
ten
days
after
the
clerk
has
1
given
notice,
a
petition
requesting
a
special
election
is
filed
2
by
eligible
electors
of
the
city
equal
in
number
to
twenty-five
3
percent
of
the
number
of
persons
who
voted
for
the
office
4
at
the
election.
If
the
person
declines,
the
person
shall
5
do
so
in
writing
to
the
city
clerk
within
ten
days
and
the
6
office
shall
be
considered
vacant
at
the
end
of
the
term.
The
7
vacancy
shall
be
filled
pursuant
to
the
provisions
of
section
8
372.13,
subsection
2.
If
the
council
chooses
to
appoint,
the
9
appointment
may
be
made
before
the
end
of
the
current
term.
10
3.
In
city
primary
elections
any
person
who
receives
11
write-in
votes
shall
execute
an
affidavit
in
substantially
the
12
form
required
by
section
45.3,
and
file
it
with
the
county
13
commissioner
of
elections
or
the
city
clerk
not
later
than
14
five
o’clock
5:00
p.m.
on
the
day
after
the
canvass
of
the
15
primary
election.
If
any
person
who
received
write-in
votes
16
fails
to
file
the
affidavit
at
the
time
required,
the
county
17
commissioner
shall
disregard
the
write-in
votes
cast
for
18
that
person.
A
notation
shall
be
made
on
the
abstract
of
19
votes
showing
which
persons
who
received
write-in
votes
filed
20
affidavits.
The
total
number
of
votes
cast
for
each
office
on
21
the
ballot
shall
be
amended
by
subtracting
the
write-in
votes
22
of
those
candidates
who
failed
to
file
the
affidavit.
It
is
23
not
necessary
for
a
candidate
whose
name
was
printed
upon
the
24
ballot
to
file
an
affidavit.
Of
the
remaining
candidates,
25
those
who
receive
the
highest
number
of
votes
to
the
extent
of
26
twice
the
number
of
unfilled
positions
shall
be
placed
on
the
27
ballot
for
the
regular
city
election
as
candidates
for
that
28
office.
29
4.
In
cities
in
which
the
city
council
has
chosen
a
runoff
30
election
in
lieu
of
a
primary,
if
a
person
who
was
elected
31
by
write-in
votes
chooses
not
to
accept
the
office
by
filing
32
a
resignation
notice
with
the
city
clerk
or
commissioner
of
33
elections
not
later
than
five
o’clock
5:00
p.m.
on
the
day
34
following
the
canvass,
all
remaining
persons
who
received
35
-23-
LSB
5442DP
(9)
83
sc/nh
23/
31
S.F.
_____
H.F.
_____
write-in
votes
and
who
wish
to
be
considered
candidates
for
the
1
runoff
election
shall
execute
an
affidavit
in
substantially
2
the
form
required
by
section
45.3
and
file
it
with
the
3
county
commissioner
or
the
city
clerk
not
later
than
five
4
o’clock
5:00
p.m.
of
the
fourth
day
following
the
canvass.
If
5
a
person
receiving
write-in
votes
fails
to
file
the
affidavit
6
at
the
time
required,
the
county
commissioner
of
elections
7
shall
disregard
the
write-in
votes
cast
for
that
person.
The
8
abstract
of
votes
shall
be
amended
to
show
that
the
person
who
9
was
declared
elected
declined
the
office
and
a
notation
shall
10
be
made
next
to
the
names
of
those
persons
who
did
not
file
the
11
affidavit.
A
runoff
election
shall
be
held
with
the
remaining
12
candidates
who
have
the
highest
number
of
votes
to
the
extent
13
of
twice
the
number
of
unfilled
positions.
14
5.
In
a
city
in
which
the
council
has
chosen
a
runoff
15
election,
if
no
person
was
declared
elected
for
an
office
all
16
persons
who
received
write-in
votes
shall
execute
an
affidavit
17
in
substantially
the
form
required
by
section
45.3
and
file
it
18
with
the
county
commissioner
of
elections
or
the
city
clerk
19
not
later
than
five
o’clock
5:00
p.m.
on
the
day
following
20
the
canvass
of
votes.
If
any
person
who
received
write-in
21
votes
fails
to
file
the
affidavit
the
county
commissioner
of
22
elections
shall
disregard
the
write-in
votes
cast
for
that
23
person.
The
abstract
of
votes
shall
be
amended
to
note
which
24
of
the
write-in
candidates
failed
to
file
the
affidavit.
A
25
runoff
election
shall
be
held
with
the
remaining
candidates
who
26
have
the
highest
number
of
votes
to
the
extent
of
twice
the
27
number
of
unfilled
positions.
28
Sec.
55.
Section
384.12,
subsection
20,
paragraphs
a
and
d,
29
Code
Supplement
2009,
are
amended
to
read
as
follows:
30
a.
The
election
may
be
held
as
specified
in
this
subsection
31
if
notice
is
given
by
the
city
council,
not
later
than
32
thirty-two
forty-six
days
before
the
first
Tuesday
in
March,
33
to
the
county
commissioner
of
elections
that
the
election
is
34
to
be
held.
35
-24-
LSB
5442DP
(9)
83
sc/nh
24/
31
S.F.
_____
H.F.
_____
d.
The
commissioner
of
elections
conducting
the
election
1
shall
notify
the
city
officials
and
other
county
auditors
where
2
applicable,
of
the
results
within
two
days
of
the
canvass
3
which
shall
be
held
beginning
at
one
o’clock
on
the
second
day
4
that
is
not
a
holiday
following
the
special
levy
election
,
and
5
beginning
no
earlier
than
1:00
p.m.
on
that
day
.
6
Sec.
56.
EFFECTIVE
UPON
ENACTMENT
AND
APPLICABILITY.
The
7
sections
of
this
Act
amending
sections
43.30,
43.38,
43.39,
8
43.45,
43.49,
43.61,
43.72,
47.6,
48A.5,
49.26,
49.70,
49.79,
9
53.2,
53.39,
53.40,
357J.16,
and
384.12,
being
deemed
of
10
immediate
importance,
take
effect
upon
enactment
and
apply
to
11
elections
held
on
or
after
May
15,
2010.
12
EXPLANATION
13
This
bill
makes
technical
changes
to
the
laws
relating
to
14
elections
and
voter
registration.
15
Code
section
43.4
is
amended
to
change
from
14
days
to
60
16
days
the
time
period
by
which
certain
information
must
be
17
certified
by
the
county
commissioner
after
a
political
party
18
precinct
caucus.
19
Code
section
43.30,
relating
to
sample
ballots
for
a
primary
20
election,
is
amended
to
remove
the
requirement
that
the
words
21
“sample
ballot”
be
printed
in
red
ink
on
the
ballots
and
22
instead
requires
only
that
the
ballots
be
clearly
marked
as
23
sample
ballots.
The
Code
section
is
also
amended
to
remove
the
24
requirement
that
sample
ballots
contain
the
signature
of
the
25
county
commissioner
of
elections.
26
Code
section
43.38,
relating
to
marking
and
returning
27
ballots,
is
amended
to
provide
that
primary
election
ballots
28
shall
be
marked
and
returned
in
the
same
manner
as
for
other
29
elections.
30
Code
section
43.39
is
amended
to
delete
an
outmoded
form
of
31
expression.
32
The
amendments
to
Code
sections
43.30,
43.38,
and
43.39
take
33
effect
upon
enactment.
34
Code
sections
43.43
and
49.77
are
amended
to
provide
that
it
35
-25-
LSB
5442DP
(9)
83
sc/nh
25/
31
S.F.
_____
H.F.
_____
is
optional
for
a
voter
to
include
the
voter’s
telephone
number
1
on
a
declaration
of
eligibility
signed
by
a
voter.
2
Code
section
43.45
is
amended
to
remove
a
reference
to
the
3
use
of
conventional
paper
ballots
in
a
primary
election,
which,
4
under
current
law,
is
no
longer
allowed.
The
amendment
takes
5
effect
upon
enactment.
6
Code
section
43.46
is
amended
to
delete
the
requirement
7
that
primary
election
ballots
be
delivered
to
the
board
of
8
supervisors
during
the
canvass
of
the
election.
9
Currently,
a
write-in
candidate
receiving
less
than
2
10
percent
of
the
votes
cast
in
a
primary
election
is
included
11
on
the
abstract
of
votes
under
the
collective
heading
12
“scattering”.
Code
section
43.49
is
amended
to
increase
that
13
percentage
threshold
to
less
than
5
percent
of
the
votes
14
received
as
is
the
case
for
write-in
candidates
for
other
15
elections
under
Code
section
50.24.
The
Code
section
is
also
16
amended
to
strike
the
requirement
that
the
abstract
of
votes
17
state
its
required
information
in
“words
written
at
length”.
18
The
amendment
takes
effect
upon
enactment.
19
Code
sections
43.61
and
43.72,
relating
to
preservation
of
20
original
returns
and
abstracts
of
votes
for
a
primary
election,
21
are
amended
to
remove
references
to
“election
book”
while
22
retaining
the
requirement
that
the
information
be
preserved
23
by
the
applicable
commissioner
of
elections.
Code
section
24
43.72
is
further
amended
to
authorize
the
state
commissioner
of
25
elections
to
preserve
the
abstracts
in
an
electronic
format.
26
The
amendments
to
Code
sections
43.61
and
43.72
take
effect
27
upon
enactment.
28
Code
section
47.6
is
amended
to
change
the
deadline
for
29
cities,
counties,
and
schools
to
deliver
the
full
text
of
30
a
public
measure
to
the
county
commissioner.
The
current
31
deadline
of
32
days
before
the
election
is
changed
to
46
days
32
before
the
election.
This
change
is
also
made
to
Code
sections
33
357J.16
and
384.12,
relating
to
emergency
response
districts
34
and
a
city’s
supplemental
levy,
respectively.
The
amendments
35
-26-
LSB
5442DP
(9)
83
sc/nh
26/
31
S.F.
_____
H.F.
_____
take
effect
upon
enactment.
1
Code
section
48A.5
is
amended
to
specify
that
voter
2
registrants
who
will
be
18
years
of
age
by
the
date
of
a
pending
3
election
may
request
and
cast
an
absentee
ballot
for
that
4
election.
The
amendment
takes
effect
upon
enactment.
5
Code
section
48A.27
is
amended
to
require
that
changes
to
a
6
voter
registration
record
be
signed
by
the
registered
voter.
7
The
Code
section
is
further
amended
to
provide
that
such
change
8
may
be
submitted
to
the
commissioner
in
person,
by
mail,
by
9
facsimile,
or
by
electronic
mail.
10
Code
section
49.3
is
amended
to
add
the
requirement
that
11
election
precincts
be
named
or
numbered
by
the
entity
redrawing
12
the
districts.
13
Code
section
49.13
is
amended
to
specify
that
political
14
party
balance
among
precinct
election
officials
is
required
for
15
elections
in
which
a
partisan
office
is
on
the
ballot.
16
Code
section
49.26
is
amended
to
provide
that
the
use
of
17
conventional
paper
ballots
at
certain
elections
that
the
county
18
commissioner
of
elections
has
determined
will
have
low
voter
19
turnout
is
discretionary
with
the
commissioner.
Under
current
20
law,
if
the
county
commissioner
makes
such
a
determination,
21
the
use
of
conventional
paper
ballots
is
required.
The
Code
22
section
is
also
amended
to
require
the
county
commissioner,
23
when
using
conventional
paper
ballots
in
an
election,
to
use
24
ballots
and
instructions
similar
to
those
used
at
elections
25
using
automatic
tabulating
equipment
(i.e.,
optical
scan
26
equipment).
The
amendment
takes
effect
upon
enactment.
27
Code
section
49.30
is
amended
to
strike
the
requirement
28
that
when
conventional
paper
ballots
are
used
for
an
election
29
separate
ballots
must
be
used
for
certain
offices
and
public
30
measures.
A
conforming
amendment
is
made
to
Code
section
31
49.43.
32
Code
section
49.70
is
amended
to
strike
the
requirement
that
33
instructions
addressing
the
rights
of
voters
be
titled
“Rights
34
of
Voters”,
and
that
instructions
relative
to
voting
be
titled
35
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“Instructions
for
Voting”.
The
amendment
takes
effect
upon
1
enactment.
2
Code
section
49.77
is
amended
to
add
to
the
list
of
persons
3
who
may
view
the
roster
of
voters
who
have
signed
declarations
4
of
eligibility
at
the
polling
place
those
persons
who
have
5
filed
a
notice
of
intent
to
be
present
at
the
polling
place
as
6
an
observer
with
an
interest
in
a
public
measure
on
the
ballot
7
if
the
election
is
not
a
primary
or
general
election.
8
Code
section
49.79
is
amended
to
provide
that
a
registered
9
voter,
other
than
a
precinct
election
official,
challenging
a
10
prospective
voter
must
use
the
challenge
form
prescribed
by
the
11
state
commissioner
of
elections.
The
amendment
takes
effect
12
upon
enactment.
13
Code
section
50.19
is
amended
to
specify
that
both
the
tally
14
lists
and
the
abstracts
of
votes
shall
be
preserved
by
the
15
commissioner
after
an
election
if
such
records
have
not
been
16
electronically
recorded.
17
Code
section
50.24
is
amended
to
provide
that
the
election
18
canvass
summary
prepared
by
the
county
commissioner
shall
not
19
include
overvotes
and
undervotes
if
conventional
paper
ballots
20
are
used
in
the
election.
The
Code
section
is
also
amended
21
to
strike
the
requirement
that
the
board
of
supervisors,
when
22
canvassing
an
election,
prepare
a
certificate
showing
the
total
23
number
of
people
who
cast
ballots
in
the
election.
24
Code
section
50.30A
is
amended
to
require
the
county
25
commissioner
to
forward
to
the
state
commissioner
of
elections
26
a
copy
of
the
election
canvass
summary
report
within
13
days
27
of
a
special
election
to
fill
a
vacancy
in
the
office
of
28
representative
in
the
United
States
Congress
or
senator
or
29
representative
in
the
general
assembly.
30
Code
section
50.46
provides
that
when
an
election
is
to
fill
31
a
vacancy
in
the
office
of
representative
in
the
United
States
32
Congress
or
senator
or
representative
in
the
general
assembly
33
the
election
shall
be
canvassed
on
the
second
day
following
the
34
election.
The
Code
section
is
amended
to
provide
that
if
the
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second
day
after
the
election
is
a
public
holiday,
then
the
1
canvass
will
take
place
on
the
next
following
day
that
is
not
2
a
public
holiday.
3
Code
section
53.2
is
amended
to
allow
the
county
4
commissioner
to
update
a
voter’s
identification
number
if
the
5
voter
includes
it
on
an
absentee
ballot
request.
The
amendment
6
takes
effect
upon
enactment.
7
Code
sections
53.39
and
53.40,
relating
to
absentee
voting
8
by
overseas
and
military
persons,
are
amended
to
conform
to
9
changes
in
federal
law
relating
to
military
voters.
Code
10
section
53.39
is
amended
to
provide
that
primary
and
general
11
election
ballots
mailed
to
overseas
and
military
voters
must
be
12
printed
and
available
for
sending
at
least
45
days
before
the
13
respective
elections.
Code
section
53.40
is
amended
to
provide
14
that
a
written
request
for
absentee
ballots
shall
be
for
one
15
calendar
year
rather
than
two
general
election
cycles.
The
16
amendments
to
Code
sections
53.39
and
53.40
take
effect
upon
17
enactment.
18
Code
section
260C.13
is
amended
to
provide
that
director
19
districts
for
a
merged
area
board
shall
be
drawn
after
each
20
federal
decennial
census
regardless
of
whether
changes
in
21
population
have
taken
place.
22
Code
section
260C.13
is
also
amended
to
specify
that
a
city
23
shall
not
be
divided
into
two
or
more
merged
area
director
24
districts
unless
the
population
of
that
portion
of
the
city
25
within
a
merged
area
is
greater
than
the
ideal
population
26
for
the
district.
A
corresponding
amendment
is
made
to
Code
27
section
275.23A,
relating
to
the
drawing
of
boundaries
for
28
school
district
director
districts.
29
Code
section
260C.15
changes
from
65
days
to
64
days
the
30
deadline
for
filing
nomination
petitions
for
a
candidate
for
a
31
member
of
a
merged
area
board
of
directors.
32
Code
section
275.37A
is
amended
to
change
the
transition
33
provisions
when
a
school
district
changes
its
board
of
34
directors
representation
from
a
seven-member
board
to
a
35
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five-member
board.
1
Code
section
277.4
is
amended
to
conform
language
to
Code
2
usage.
3
Code
section
279.1
is
amended
to
provide
that
the
term
4
of
president
of
a
school
district
board
of
directors
is
for
5
one
year.
A
corresponding
amendment
is
made
to
Code
section
6
279.33.
7
Code
section
279.7,
relating
to
vacancies
on
a
school
8
district
board
of
directors,
is
amended
to
provide
that
9
deadlines
for
filling
the
vacancy
begin
running
from
the
day
10
following
the
day
the
vacancy
becomes
known
by
the
board
or
the
11
secretary,
rather
than
the
day
the
vacancy
occurs.
12
Code
section
298.2
is
amended
to
specify
that
the
13
proposition
to
approve
a
physical
plant
and
equipment
levy
14
(PPEL)
may
be
submitted
on
one
of
the
special
election
dates
15
prescribed
by
law
for
schools.
16
Code
section
331.207,
relating
to
changes
in
county
17
supervisor
representation
plans,
is
amended
to
provide
that
18
the
special
election
on
changing
the
plan
shall
be
held
on
the
19
first
Tuesday
in
August
of
the
odd-numbered
year,
and
if
a
20
plan
is
approved
that
requires
drawing
supervisor
districts,
21
districts
shall
be
drawn
no
later
than
November
1
following
the
22
election.
23
Code
section
331.425
is
amended
to
provide
that
the
canvass
24
of
a
special
county
levy
election
or
the
canvass
of
an
25
election
to
approve
a
city
supplemental
levy
shall
be
held
no
26
earlier
than
1:00
p.m.
on
the
second
day
that
is
not
a
holiday
27
following
the
election.
Currently,
the
canvassers
are
required
28
to
meet
at
1:00
p.m.
on
that
day.
A
corresponding
amendment
is
29
made
to
Code
section
384.12.
30
Code
sections
331.501,
331.551,
331.601,
and
331.751,
31
relating
to
the
offices
of
county
auditor,
county
treasurer,
32
county
recorder,
and
county
attorney,
respectively,
are
amended
33
to
specify
that
when
a
vacancy
in
office
occurs,
a
successor
34
shall
be
elected
or
appointed
as
provided
in
Code
chapter
69.
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Code
section
359.11
is
amended
to
change
the
transition
1
provisions
for
election
of
township
officers
when
a
new
2
township
is
formed.
3
Code
section
376.4
is
amended
to
specify
that
nomination
4
petitions
for
city
office
may
only
be
delivered
by
the
city
5
clerk
to
the
commissioner
of
elections
on
the
day
following
the
6
deadline
for
filing
nomination
petitions
with
the
city
clerk.
7
Code
section
376.7
is
amended
to
specify
that
for
each
8
office
on
a
city
primary
election
ballot,
a
voter
may
only
vote
9
for
the
number
of
persons
to
be
elected
to
that
office
at
the
10
regular
city
election.
11
Code
section
376.9
is
amended
to
provide
that
the
canvass
of
12
a
regular
city
election
for
a
city
that
has
a
runoff
election
13
shall
be
held
no
earlier
than
1:00
p.m.
on
the
second
day
14
following
the
regular
city
election.
Currently,
the
canvassers
15
are
required
to
meet
at
1:00
p.m.
on
that
day.
16
Code
section
376.11
is
amended
to
specify
that
“the
next
17
highest
vote
getter”
in
city
elections
in
which
there
were
18
only
write-in
votes
shall
be
determined
by
lot,
as
is
already
19
provided
in
Code
section
50.44.
20
The
provisions
of
the
bill
that
take
effect
upon
enactment
21
apply
to
elections
held
on
or
after
May
15,
2010.
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