Senate Study Bill 3184 - 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 (9) 83 sc/nh
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 -1- LSB 5442DP (9) 83 sc/nh 1/ 31
S.F. _____ H.F. _____ 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 -2- LSB 5442DP (9) 83 sc/nh 2/ 31
S.F. _____ H.F. _____ .................................... ................ 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 -3- LSB 5442DP (9) 83 sc/nh 3/ 31
S.F. _____ 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 -4- LSB 5442DP (9) 83 sc/nh 4/ 31
S.F. _____ H.F. _____ 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 -5- LSB 5442DP (9) 83 sc/nh 5/ 31
S.F. _____ H.F. _____ 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 -6- LSB 5442DP (9) 83 sc/nh 6/ 31
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 -7- LSB 5442DP (9) 83 sc/nh 7/ 31
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 -27- LSB 5442DP (9) 83 sc/nh 27/ 31
S.F. _____ H.F. _____ “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 35 -28- LSB 5442DP (9) 83 sc/nh 28/ 31
S.F. _____ H.F. _____ 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 -29- LSB 5442DP (9) 83 sc/nh 29/ 31
S.F. _____ H.F. _____ 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. 35 -30- LSB 5442DP (9) 83 sc/nh 30/ 31
S.F. _____ H.F. _____ 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. 22 -31- LSB 5442DP (9) 83 sc/nh 31/ 31