S.F. _____ H.F. _____ Section 1. Section 49.4, subsection 1, Code 2009, is amended 1 to read as follows: 2 1. Where a civil township, or the portion of a civil 3 township outside the corporate limits of any city of over 4 two thousand population contained therein within the civil 5 township , is divided into two or more election precincts, the 6 precincts shall be so drawn that their total populations shall 7 be reasonably equal on the basis of data available from the 8 most recent federal decennial census , except where the division 9 is necessary to comply with section 49.3, subsection 3 . 10 Sec. 2. Section 49.8, Code 2009, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 3A. If city population data certified by 13 the United States bureau of the census following the federal 14 decennial census is revised and the revision is certified by 15 the United States bureau of the census, such revisions may 16 be used to revise precinct and ward boundaries in accordance 17 with the requirements of sections 49.3 and 49.5. The board of 18 supervisors shall determine whether such revised population 19 data affects the population equality of supervisor districts. 20 If necessary, the temporary county redistricting commission 21 shall be reconvened, notwithstanding section 331.210A, 22 subsection 4, and supervisor districts shall be revised 23 in accordance with the requirements of section 331.210A, 24 subsection 2. 25 Sec. 3. Section 49.13, Code Supplement 2009, is amended by 26 adding the following new subsection: 27 NEW SUBSECTION . 3A. In appointing the election board to 28 serve for a nonpartisan election, the commissioner may give 29 preference to the persons who are willing to serve without pay 30 identified pursuant to section 49.15, subsection 2, paragraph 31 “b” , by the city council or the school board. 32 Sec. 4. Section 49.14, subsections 1 and 2, Code 2009, are 33 amended to read as follows: 34 1. The commissioner may appoint substitute precinct 35 -1- LSB 5439DP (7) 83 sc/nh 1/ 10

S.F. _____ H.F. _____ election officials as alternates for election board members. 1 The responsibilities and duties of a precinct election 2 official , other than the chairperson, present at the time the 3 polling place was opened on the day of an election may be 4 assumed at any later time that day by a substitute appointed 5 as an alternate. The substitute shall serve either for the 6 balance of that election day or for any shorter period of 7 time the commissioner may designate. At partisan elections, 8 a substitute precinct election official assuming the duties 9 of a precinct election official shall be a member of the same 10 political party as the precinct election official whose duties 11 are being assumed , unless substitution of a precinct election 12 official not of the same political party results in no more 13 than a simple majority of the total number of precinct election 14 officials serving in that precinct being members of the same 15 political party . 16 2. Substitute precinct election officials shall be 17 appointed and shall serve in accordance with sections 49.12, 18 49.13, 49.15, and 49.16, and shall receive compensation as 19 provided by sections 49.19 , 49.20 , and 49.125. Upon arriving 20 at the polling place and prior to performing any official duty, 21 a substitute precinct election official shall take the oath 22 required by section 49.75. 23 Sec. 5. Section 49.15, subsection 2, paragraph b, Code 2009, 24 is amended to read as follows: 25 b. The commissioner may also place on the election board 26 panel names of persons whom either the city council of a city 27 of three thousand five hundred or less population or a school 28 board has advised the commissioner at least thirty days before 29 each primary election are willing to serve without pay at 30 elections conducted for that school district or city, as the 31 case may be, during the tenure of the election board panel on 32 which these names are included. 33 Sec. 6. Section 49.16, subsection 4, Code 2009, is amended 34 to read as follows: 35 -2- LSB 5439DP (7) 83 sc/nh 2/ 10

S.F. _____ H.F. _____ 4. In appointing the election board for any election 1 conducted for a city of three thousand five hundred or less 2 population, or any a school district, the commissioner may give 3 preference to any persons who are willing to serve without pay 4 at those elections. 5 Sec. 7. Section 49.20, Code 2009, is amended to read as 6 follows: 7 49.20 Compensation of members. 8 The members of election boards shall be deemed temporary 9 state employees who are compensated by the county in which they 10 serve, and shall receive compensation at a rate established 11 by the board of supervisors, which shall be not less than 12 the minimum wage established in section 91D.1, subsection 13 1, paragraph “b” , while engaged in the discharge of their 14 duties and shall be reimbursed for actual and necessary travel 15 expense at a rate determined by the board of supervisors, 16 except that persons who have advised the commissioner prior to 17 their appointment to the election board that they are willing 18 to serve without pay at elections conducted for any a school 19 district or a city of three thousand five hundred or less 20 population, shall receive no compensation for service at those 21 elections. Compensation shall be paid to members of election 22 boards only after the vote has been canvassed and it has been 23 determined in the course of the canvass that the election 24 record certificate has been properly executed by the election 25 board. 26 Sec. 8. Section 49.72, Code 2009, is amended to read as 27 follows: 28 49.72 Absentee voters designated before polling place opened. 29 The commissioner shall deliver to each precinct election 30 board not less than one hour before the time at which the 31 polls are to open for any election the list of all registered 32 voters of that precinct who have been given or sent an 33 absentee ballot for that election, and the election board shall 34 immediately designate those registered voters who are so listed 35 -3- LSB 5439DP (7) 83 sc/nh 3/ 10

S.F. _____ H.F. _____ and therefore not entitled to vote in person at the polls, 1 except as required by provided in section 53.19 , subsection 3 . 2 Sec. 9. Section 49.77, subsection 4, paragraph c, Code 3 Supplement 2009, is amended to read as follows: 4 c. A person who has been sent an absentee ballot by mail but 5 for any reason has not received it shall be permitted to cast a 6 ballot in person pursuant to section 53.19 and in the manner 7 prescribed by section 49.81 . 8 Sec. 10. Section 49.81, subsection 1, Code 2009, is amended 9 to read as follows: 10 1. A prospective voter who is prohibited under section 11 48A.8, subsection 4, section 49.77, subsection 4, or section 12 49.80 , or section 53.19, subsection 3, from voting except under 13 this section shall be notified by the appropriate precinct 14 election official that the voter may cast a provisional 15 ballot. If a booth meeting the requirement of section 16 49.25 is not available at that polling place, the precinct 17 election officials shall make alternative arrangements to 18 insure the voter the opportunity to vote in secret. The voter 19 shall mark the ballot , fold it or insert it in a secrecy 20 envelope as required by section 49.84 , and immediately seal 21 it in an envelope of the type prescribed by subsection 4. 22 The voter shall deliver the sealed envelope to a precinct 23 election official who shall deposit it in an envelope marked 24 “provisional ballots”. The ballot shall be considered as 25 having been cast in the special precinct established by section 26 53.20 for purposes of the postelection canvass. 27 Sec. 11. Section 49.104, subsection 3, Code 2009, is amended 28 to read as follows: 29 3. Any number of persons not exceeding three at a time from 30 each of such political parties, appointed and accredited in the 31 same manner as above prescribed in subsection 2 for challenging 32 committees, and any number of persons not exceeding three at a 33 time appointed as observers under subsection 5, to witness the 34 counting of ballots. Subject to the restrictions of section 35 -4- LSB 5439DP (7) 83 sc/nh 4/ 10

S.F. _____ H.F. _____ 51.11, the witnesses and observers may observe the counting 1 of ballots by a counting board during the hours the polls are 2 open in any precinct for which double election boards have been 3 appointed. 4 Sec. 12. Section 51.11, Code 2009, is amended to read as 5 follows: 6 51.11 Presence of persons. 7 No person shall be admitted into the space or room where such 8 ballots are being counted until the polls are closed, except 9 the counting board , and the witnesses appointed and accredited 10 under section 49.104, subsection 3 , and the observers appointed 11 under section 49.104, subsection 5 . It shall be unlawful 12 for any witness or observer to communicate or attempt to 13 communicate, directly or indirectly, information regarding the 14 progress of the count at any time before the polls are closed. 15 Sec. 13. Section 53.18, subsections 2 and 3, Code Supplement 16 2009, are amended to read as follows: 17 2. If the commissioner receives the return envelope 18 containing the completed absentee ballot by 5:00 p.m. on the 19 Saturday before the election for general and primary elections 20 and by 5:00 p.m. on the Friday before the election for all 21 other elections, the commissioner shall open the envelope to 22 review the affidavit for any deficiencies completeness . If the 23 affidavit contains a deficiency that would cause the ballot 24 to be rejected is incomplete , the commissioner shall, within 25 twenty-four hours of the time the envelope was received, notify 26 the voter of that fact and that the voter may correct the 27 deficiency complete the affidavit in person at the office of 28 the commissioner by 5:00 p.m. on the day before the election , 29 vote a replacement ballot in the manner and within the time 30 period provided in subsection 3, or appear at the voter’s 31 precinct polling place on election day and cast a ballot in 32 accordance with section 53.19, subsection 3 . 33 3. If the affidavit envelope is open when received by the 34 commissioner, or has been opened and resealed, or if the ballot 35 -5- LSB 5439DP (7) 83 sc/nh 5/ 10

S.F. _____ H.F. _____ is not enclosed in the affidavit envelope contains a defect 1 that would cause the absentee ballot to be rejected by the 2 absentee and special voters precinct board , the commissioner 3 shall immediately notify the voter of that fact and that 4 the voter’s absentee ballot shall not be counted unless the 5 voter applies for a replacement ballot requests and returns 6 the a replacement ballot in the time permitted under section 7 53.17, subsection 2. The replacement ballot application shall 8 be the same as is required for an application under section 9 53.2 . If the information on the replacement ballot application 10 matches the information on the original application, the 11 voter shall be allowed to complete a replacement absentee 12 ballot. The voter may request a replacement ballot in person, 13 in writing, or over the telephone. The same serial number 14 that was assigned to the records of the original absentee 15 ballot application shall be used on the envelope and records 16 of the replacement ballot. The affidavit envelope containing 17 the completed replacement ballot shall be marked “Replacement 18 ballot”. The affidavit envelope containing the original 19 ballot shall be marked “Defective ballot” “Defective” and the 20 replacement ballot and replacement ballot application shall be 21 attached to the original application and affidavit envelope 22 containing the original ballot and shall be stored in a secure 23 place until they are delivered to the absentee and special 24 voters precinct board, notwithstanding sections 53.26 and 25 53.27. 26 Sec. 14. Section 53.19, Code 2009, is amended to read as 27 follows: 28 53.19 Listing absentee ballots. 29 1. The commissioner shall maintain a list of the absentee 30 ballots provided to registered voters, the serial number 31 appearing on the unsealed envelope, the date the application 32 for the absentee ballot was received, and the date the absentee 33 ballot was sent to the registered voter requesting the absentee 34 ballot. 35 -6- LSB 5439DP (7) 83 sc/nh 6/ 10

S.F. _____ H.F. _____ 2. The commissioner shall provide each precinct election 1 board with a list of all registered voters from that precinct 2 who have received an absentee ballot. The precinct officials 3 shall immediately designate on the election register those 4 registered voters who have received an absentee ballot and are 5 not entitled to vote in person at the polls , except as provided 6 in subsection 3 . 7 3. a. However, any A registered voter who has received an 8 absentee ballot and not returned it may surrender the absentee 9 ballot to the precinct officials and vote in person at the 10 polls. The precinct officials shall mark the uncast absentee 11 ballot “void” and return it to the commissioner. 12 b. Any A registered voter who has been sent requested an 13 absentee ballot by mail but for any reason has not received 14 it or who has not brought the ballot to the polls may appear 15 at the voter’s precinct polling place on election day and , 16 after the precinct election officials confirm the commissioner 17 has not received the voter’s absentee ballot, the voter 18 shall be permitted to vote in person at the polls. If the 19 precinct election officials are unable to confirm whether the 20 commissioner has received the voter’s absentee ballot, the 21 voter shall cast a ballot in accordance with section 49.81. 22 c. Any A registered voter who has been notified by 23 the commissioner pursuant to section 53.18 of the need to 24 correct a deficiency on complete the affidavit or to apply 25 for and vote a replacement absentee ballot and who has not 26 corrected the deficiency completed the affidavit or voted a 27 replacement absentee ballot may appear at the voter’s precinct 28 polling place on election day and , after the precinct election 29 officials confirm the voter has not completed the affidavit 30 or voted a replacement ballot, the voter shall be permitted 31 to vote in person at the polls. If the precinct election 32 officials are unable to confirm whether the voter has completed 33 the affidavit or voted a replacement ballot, the voter shall 34 cast a ballot in accordance with section 49.81. 35 -7- LSB 5439DP (7) 83 sc/nh 7/ 10

S.F. _____ H.F. _____ Sec. 15. Section 260C.15, Code Supplement 2009, is amended 1 by adding the following new subsection: 2 NEW SUBSECTION . 3A. a. Objections to the legal sufficiency 3 of a nomination petition or to the eligibility of a candidate 4 may be filed by any person who would have the right to vote for 5 a candidate for the office in question. 6 b. The objection must be filed with the secretary of the 7 board as least thirty-five days before the day of the election 8 at which members of the board are elected. When objections 9 are filed, notice shall immediately be given to the candidate 10 affected, addressed to the candidate’s place of residence as 11 given on the candidate’s affidavit, stating that objections 12 have been made to the legal sufficiency of the petition or to 13 the eligibility of the candidate, and also stating the time and 14 place the objections will be considered. The board secretary 15 shall also attempt to notify the candidate by telephone if 16 the candidate provided a telephone number on the candidate’s 17 affidavit. 18 c. Objections shall be considered not later than two working 19 days following the receipt of the objections by the president 20 of the board of directors, the secretary of the board, and 21 one additional director of the board chosen by ballot. If 22 objections have been filed to the nominations of either of the 23 directors, that director shall not pass on the objection. The 24 director’s place shall be filled by a member of the board of 25 directors against whom no objection exists. The replacement 26 shall be chosen by ballot. 27 Sec. 16. REPEAL. Section 49.19, Code Supplement 2009, is 28 repealed. 29 Sec. 17. EFFECTIVE UPON ENACTMENT. The sections of this Act 30 amending sections 49.13, 49.14, 49.15, 49.16, and 49.20, and 31 repealing section 49.19, being deemed of immediate importance, 32 take effect upon enactment. 33 EXPLANATION 34 This bill makes changes relating to the policy 35 -8- LSB 5439DP (7) 83 sc/nh 8/ 10

S.F. _____ H.F. _____ administration of the election laws by the secretary of state. 1 Code section 49.4, relating to the drawing of election 2 precincts, is amended to specify that the requirement that 3 election precincts be composed of contiguous territory 4 within a single county, the boundaries of which are to follow 5 the boundaries of census tracts, takes precedence over the 6 requirement that townships of over 2,000 population be divided 7 into precincts of “reasonably equal” population. 8 Code section 49.8 provides exceptions to the limitation 9 that election precincts be redrawn or changed only in the year 10 following the federal decennial census. The Code section 11 is amended to provide that a city may revise its precinct 12 boundaries if there are revisions to the city’s population data 13 certified by the United States census bureau. The Code section 14 is also amended to provide that if such revised population data 15 affects the population equality of supervisor districts, the 16 temporary county redistricting commission shall be reconvened 17 to revise the boundaries of those districts. 18 Code section 49.13 is amended to authorize the county 19 commissioner of elections, when appointing an election board 20 panel for nonpartisan elections to give preference to persons 21 identified by a city or school district as willing to serve 22 without pay. 23 Code section 49.14 is amended to allow for the substitution 24 of a precinct chairperson during the course of the election day 25 and also allows for substitution of an election official from 26 a political party other than that of the official vacating if 27 such substitution would not cause the political party balance 28 among the precinct election officials to be out of compliance 29 with statutory requirements. 30 Code section 49.15 is amended to provide that the city 31 council of any city may notify the county commissioner of 32 elections of persons in the city willing to serve on precinct 33 election boards at a city election without pay. Under 34 current law, only cities with a population of 3,500 or less 35 -9- LSB 5439DP (7) 83 sc/nh 9/ 10

S.F. _____ H.F. _____ could notify the commissioner. The bill makes corresponding 1 amendments to Code sections 49.16 and 49.20 and a corresponding 2 repeal of Code section 49.19. 3 The sections of the bill amending Code sections 49.13, 4 49.14, 49.15, 49.16, and 49.20, and repealing Code section 5 49.19 take effect upon enactment. 6 Code section 49.81 is amended to strike language in that 7 Code section that is redundant to Code section 49.84, regarding 8 marking and returning a ballot. 9 Code section 51.11, relating to double counting election 10 boards appointed by the county commissioner of elections for 11 each election in which a high voter turnout is anticipated, 12 is amended to include observers appointed to observe at the 13 polling place as persons who may be admitted to the room to 14 witness the counting of ballots. A corresponding amendment is 15 made to Code section 49.104. 16 Code section 53.19 prescribes procedures to be followed on 17 election day regarding persons who requested to vote absentee 18 for that election. The bill amends Code section 53.19 to 19 provide that a person who received an absentee ballot and who 20 did not surrender the ballot at the polling place, or a person 21 who was notified of a deficiency on the affidavit accompanying 22 a returned absentee ballot, is required to vote a provisional 23 ballot only if the precinct election officials at the polling 24 place are unable to confirm whether the commissioner received 25 an absentee ballot from the voter or whether the voter 26 completed the affidavit or voted a replacement absentee ballot, 27 whichever is applicable. The bill makes conforming amendments 28 to Code sections 49.72, 49.77, 49.81, and 53.18. 29 Code section 260C.15 is amended to establish a procedure 30 for objections to the nomination petition or eligibility of 31 a candidate for member of the board of directors of a merged 32 area. 33 -10- LSB 5439DP (7) 83 sc/nh 10/ 10