House File 2014 - Introduced HOUSE FILE 2014 BY GASKILL A BILL FOR An Act relating to city and school corporation elections by 1 changing the date of the election of city officers and 2 directors of local school districts, merged areas, and area 3 education agency boards. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5082YH (4) 84 aw/sc
H.F. 2014 Section 1. Section 39.2, subsection 4, paragraph c, Code 1 2011, is amended to read as follows: 2 c. For a school district or merged area, in the odd-numbered 3 year, the first Tuesday in February, the first Tuesday in 4 April, the last Tuesday in June, or the second first Tuesday 5 after the first Monday in September October . For a school 6 district or merged area, in the even-numbered year, the first 7 Tuesday in February, the first Tuesday in April, the second 8 Tuesday in September, or the first Tuesday in December. 9 Sec. 2. Section 43.112, Code 2011, is amended to read as 10 follows: 11 43.112 Nominations in certain cities. 12 1. This chapter shall, so far as applicable, govern the 13 nominations of candidates by political parties for all offices 14 to be filled by a direct vote of the people in cities acting 15 under a special charter in 1973 and having a population of 16 over fifty thousand, except all such cities as choose by 17 special election to conduct nonpartisan city elections under 18 the provisions of chapter 44 , 45 , or 376 . An election on the 19 question of conducting city elections in such a special charter 20 city on a nonpartisan basis may be called by the city council 21 on its own initiative, and shall be called by the council upon 22 receipt of a petition of the voters which so requests and 23 is presented in conformity with section 362.4 , but a special 24 election on that question shall be held concurrently with any 25 election being held on the first Tuesday after the first Monday 26 in November October of any odd-numbered year. 27 2. Sections 43.114 to 43.118 shall apply only to cities to 28 which this chapter is made applicable by this section . 29 Sec. 3. Section 43.114, Code 2011, is amended to read as 30 follows: 31 43.114 Time of holding special charter city primary. 32 In special charter cities holding a city primary election 33 under the provisions of section 43.112 such primary shall be 34 held on the first Tuesday in October September of the year in 35 -1- LSB 5082YH (4) 84 aw/sc 1/ 7
H.F. 2014 which regular city elections are held. 1 Sec. 4. Section 260C.12, subsection 1, Code 2011, is amended 2 to read as follows: 3 1. The board of directors of the merged area shall organize 4 at the first regular meeting in October November following the 5 regular school election. Organization of the board shall be 6 effected by the election of a president and other officers from 7 the board membership as board members determine. The board 8 of directors shall appoint a secretary and a treasurer who 9 shall each give bond as prescribed in section 291.2 and who 10 shall each receive the salary determined by the board. The 11 secretary and treasurer shall perform duties under chapter 291 12 and additional duties the board of directors deems necessary. 13 However, the board may appoint one person to serve as the 14 secretary and treasurer. If one person serves as the secretary 15 and treasurer, only one bond is necessary for that person. The 16 frequency of meetings other than organizational meetings shall 17 be as determined by the board of directors but the president 18 or a majority of the members may call a special meeting at any 19 time. 20 Sec. 5. Section 260C.13, subsection 1, Code 2011, is amended 21 to read as follows: 22 1. The board of a merged area may change the number of 23 directors on the board and shall make corresponding changes 24 in the boundaries of director districts. Changes shall be 25 completed not later than June July 1 of the year of the regular 26 school election. As soon as possible after adoption of the 27 boundary changes, notice of changes in the director district 28 boundaries shall be submitted by the merged area to the county 29 commissioner of elections in all counties included in whole or 30 in part in the merged area. 31 Sec. 6. Section 273.8, subsection 2, paragraphs a and b, 32 Code 2011, are amended to read as follows: 33 a. Notice of the election shall be published by the area 34 education agency administrator not later than July August 15 35 -2- LSB 5082YH (4) 84 aw/sc 2/ 7
H.F. 2014 of the odd-numbered year in at least one newspaper of general 1 circulation in the director district. The cost of publication 2 shall be paid by the area education agency. 3 b. A candidate for election to the area education agency 4 board shall file a statement of candidacy with the area 5 education agency secretary not later than August September 15 6 of the odd-numbered year, on forms prescribed by the department 7 of education. The statement of candidacy shall include the 8 candidate’s name, address, and school district. The list of 9 candidates shall be sent by the secretary of the area education 10 agency in ballot form by certified mail to the presidents of 11 the boards of directors of all school districts within the 12 director district not later than September October 1. In order 13 for the ballot to be counted, the ballot must be received in 14 the secretary’s office by the end of the normal business day on 15 September October 30 or be clearly postmarked by an officially 16 authorized postal service not later than September October 29 17 and received by the secretary not later than noon on the first 18 Monday following September October 30. 19 Sec. 7. Section 273.8, subsection 4, paragraph a, Code 2011, 20 is amended to read as follows: 21 a. The board of directors of each area education agency 22 shall meet and organize at the first regular meeting in October 23 November following the regular school election at a suitable 24 place designated by the president. Directors whose terms 25 commence at the organizational meeting shall qualify by taking 26 the oath of office required by section 277.28 at or before the 27 organizational meeting. 28 Sec. 8. Section 273.8, subsection 6, Code 2011, is amended 29 to read as follows: 30 6. Change in directors. The board of an area education 31 agency may change the number of directors on the board and 32 shall make corresponding changes in the boundaries of director 33 districts. Changes shall be completed not later than July 34 August 1 of a fiscal the odd-numbered year for the director 35 -3- LSB 5082YH (4) 84 aw/sc 3/ 7
H.F. 2014 district conventions to be held the following September 1 October . 2 Sec. 9. Section 277.1, Code 2011, is amended to read as 3 follows: 4 277.1 Regular election. 5 The regular election shall be held biennially on the second 6 first Tuesday after the first Monday in September October of 7 each odd-numbered year in each school district for the election 8 of officers of the district and merged area and for the purpose 9 of submitting to the voters any matter authorized by law. 10 Sec. 10. Section 372.4, subsection 4, Code 2011, is amended 11 to read as follows: 12 4. In a city having a population of less than five hundred, 13 the city council may adopt a resolution of intent to reduce the 14 number of council members from five to three and shall call a 15 public hearing on the proposal. Notice of the time and place 16 of the public hearing shall be published as provided in section 17 362.3 , except that at least ten days’ notice must be given. At 18 the public hearing, the council shall receive oral and written 19 comments regarding the proposal from any person. Thereafter, 20 the council, at the same meeting as the public hearing or at 21 a subsequent meeting, may adopt a final resolution to reduce 22 the number of council members from five to three or may adopt 23 a resolution abandoning the proposal. If the council adopts 24 a final resolution to reduce the number of council members 25 from five to three, a petition meeting the same requirements 26 specified in section 362.4 for petitions authorized by city 27 code may be filed with the clerk within thirty days following 28 the effective date of the final resolution, requesting that the 29 question of reducing the number of council members from five 30 to three be submitted to the registered voters of the city. 31 Upon receipt of a petition requesting an election, the council 32 shall direct the county commissioner of elections to put the 33 proposal on the ballot for the next regular city election. 34 If the ballot proposal is adopted, the new council shall be 35 -4- LSB 5082YH (4) 84 aw/sc 4/ 7
H.F. 2014 elected at the next following regular city election. If a 1 petition is not filed, the council shall notify the county 2 commissioner of elections by July June 1 of the year of the 3 regular city election and the new council shall be elected 4 at that regular city election. If the council notifies the 5 commissioner of elections after July June 1 of the year of the 6 regular city election, the change shall take effect at the next 7 following regular city election. The council shall determine 8 by ordinance whether the three council members are elected at 9 large or by ward. 10 Sec. 11. Section 372.13, subsection 8, Code 2011, is amended 11 to read as follows: 12 8. By ordinance, the council shall prescribe the 13 compensation of the mayor, council members, and other elected 14 city officers, but a change in the compensation of the mayor 15 does not become effective during the term in which the change 16 is adopted, and the council shall not adopt an ordinance 17 changing the compensation of the mayor, council members, or 18 other elected officers during the months of October, November , 19 and December in the year of a regular city election. A change 20 in the compensation of council members becomes effective for 21 all council members at the beginning of the term of the council 22 members elected at the election next following the change in 23 compensation. Except as provided in section 362.5 , an elected 24 city officer is not entitled to receive any other compensation 25 for any other city office or city employment during that 26 officer’s tenure in office, but may be reimbursed for actual 27 expenses incurred. However, if the mayor pro tem performs the 28 duties of the mayor during the mayor’s absence or disability 29 for a continuous period of fifteen days or more, the mayor pro 30 tem may be paid for that period the compensation determined by 31 the council, based upon the mayor pro tem’s performance of the 32 mayor’s duties and upon the compensation of the mayor. 33 Sec. 12. Section 376.1, Code 2011, is amended to read as 34 follows: 35 -5- LSB 5082YH (4) 84 aw/sc 5/ 7
H.F. 2014 376.1 City election held. 1 1. A city shall hold a regular city election on the 2 first Tuesday after the first Monday in November October of 3 each odd-numbered year. A city shall hold regular, special, 4 primary, or runoff city elections as provided by state law. 5 2. The mayor or council shall give notice of any special 6 election to the county commissioner of elections. The county 7 commissioner of elections shall publish notice of any city 8 election and conduct the election pursuant to the provisions of 9 chapters 39 to 53 , except as otherwise specifically provided 10 in chapters 362 to 392 . The results of any election shall be 11 canvassed by the county board of supervisors and certified 12 by the county commissioner of elections to the mayor and the 13 council of the city for which the election is held. 14 Sec. 13. Section 420.127, Code 2011, is amended to read as 15 follows: 16 420.127 Delegates elected. 17 Delegates to city conventions of their respective political 18 parties shall be elected at precinct caucuses held at eight 19 p.m. on the third Monday in August July of the same year in 20 which the city general election is conducted. The precinct 21 caucuses shall be convened within the boundaries of each 22 precinct at places designated by the city central committee. 23 The chairperson of the city central committee shall file with 24 the city clerk a certified list of places where the precinct 25 caucuses will be held not later than ten days prior to the date 26 of the caucus and shall cause the time and place of said caucus 27 to be published in two newspapers within the city not later 28 than ten days prior to the convening of the precinct caucus. 29 EXPLANATION 30 This bill changes the dates of the regular city election and 31 the regular school election for local school districts, merged 32 areas, and area education agencies. 33 The bill moves the date of the regular city election from 34 the first Tuesday after the first Monday in November of 35 -6- LSB 5082YH (4) 84 aw/sc 6/ 7
H.F. 2014 odd-numbered years to the first Tuesday after the first Monday 1 in October of odd-numbered years. The bill makes conforming 2 changes in relation to elections for special charter cities. 3 The bill also moves the date of the regular school election 4 from the second Tuesday in September of odd-numbered years 5 to the first Tuesday after the first Monday in October of 6 odd-numbered years. 7 Because area education agency board directors are elected at 8 the director district conventions by members of school boards, 9 the bill also changes the date of their election from September 10 to October in odd-numbered years. 11 -7- LSB 5082YH (4) 84 aw/sc 7/ 7