House Study Bill 586 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED SECRETARY OF STATE BILL) A BILL FOR An Act relating to the policy administration of election and 1 voter registration laws by the secretary of state, including 2 changes to the definition of a general election, the voter 3 registration age, absentee voting, the provision of training 4 space for election personnel, the candidate nomination 5 filing requirements for merged area, school district, and 6 city elections, the filling of vacancies in city office, 7 and authorizing certain cities to conduct city elections by 8 absentee ballot, and including effective date provisions. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 TLSB 5249XD (9) 84 aw/sc

S.F. _____ H.F. _____ Section 1. Section 39.3, subsection 7, Code 2011, is amended 1 to read as follows: 2 7. “General election” means the biennial election for 3 national or state officers, members of Congress and of the 4 general assembly, county and township officers, and for the 5 choice of other officers or the decision of questions as 6 provided by law and, where applicable, includes the regular 7 city election described in section 376.1 . 8 Sec. 2. Section 44.4, subsection 1, Code 2011, is amended 9 to read as follows: 10 1. Nominations made pursuant to this chapter and chapter 11 45 which are required to be filed in the office of the state 12 commissioner shall be filed in that office not more than 13 ninety-nine days nor later than 5:00 p.m. on the eighty-first 14 day before the date of the general election to be held in 15 November. Nominations made for a special election called 16 pursuant to section 69.14 shall be filed by 5:00 p.m. not less 17 than twenty-five days before the date of an election called 18 upon at least forty days’ notice and not less than fourteen 19 days before the date of an election called upon at least 20 eighteen days’ notice. Nominations made for a special election 21 called pursuant to section 69.14A shall be filed by 5:00 p.m. 22 not less than twenty-five days before the date of the election. 23 Nominations made pursuant to this chapter and chapter 45 which 24 are required to be filed in the office of the commissioner 25 shall be filed in that office not more than ninety-two days 26 nor later than 5:00 p.m. on the sixty-ninth day before the 27 date of the general election. Nominations made pursuant to 28 this chapter or chapter 45 for city office shall be filed not 29 more than seventy-two days nor later than 5:00 p.m. on the 30 forty-seventh day before the city election with the city clerk 31 county commissioner of elections responsible under section 47.2 32 for conducting elections held for the city , who shall process 33 them as provided by law. 34 Sec. 3. Section 44.4, subsection 2, paragraph a, 35 -1- LSB 5249XD (9) 84 aw/sc 1/ 19

S.F. _____ H.F. _____ subparagraphs (2) and (3), Code 2011, are amended to read as 1 follows: 2 (2) Those filed with the commissioner, not less than 3 sixty-four days before the date of the election , except as 4 provided in subparagraph (3) . 5 (3) Those filed with the city clerk commissioner for an 6 elective city office , at least forty-two days before the 7 regularly scheduled or special city election. However, for 8 those cities that may be required to hold a primary election, 9 at least sixty-three days before the regularly scheduled or 10 special city election. 11 Sec. 4. Section 44.7, Code 2011, is amended to read as 12 follows: 13 44.7 Hearing before commissioner. 14 Objections Except as otherwise provided in section 44.8, 15 objections filed with the commissioner shall be considered by 16 the county auditor, county treasurer, and county attorney, and 17 a majority decision shall be final; but if the objection is to 18 the certificate of nomination of one or more of the above named 19 county officers, the officer or officers objected to shall not 20 pass upon the objection, but their places shall be filled, 21 respectively, by the chairperson of the board of supervisors, 22 the sheriff, and the county recorder. 23 Sec. 5. Section 44.8, Code 2011, is amended to read as 24 follows: 25 44.8 Hearing before mayor. 26 1. Objections filed with the city clerk commissioner for 27 an elective city office shall be considered by the mayor and 28 clerk and one member of the council chosen by the council by 29 ballot, and a majority decision shall be final; but if the 30 objection is to the certificate of nomination of either of 31 those city officials, that official shall not pass upon said 32 the objection, but the official’s place shall be filled by a 33 member of the council against whom no such objection exists, 34 chosen as above provided. 35 -2- LSB 5249XD (9) 84 aw/sc 2/ 19

S.F. _____ H.F. _____ 2. The hearing shall be held within twenty-four hours of the 1 receipt of the objection if a primary election must be held for 2 the office sought by the candidate against whom the objection 3 has been filed. 4 Sec. 6. Section 44.9, subsections 2, 3, 5, and 6, Code 2011, 5 are amended to read as follows: 6 2. In the office of the proper commissioner, at least 7 sixty-four days before the date of the election , except as 8 otherwise provided in subsections 3, 5, and 6 . 9 3. In the office of the proper school board secretary 10 commissioner , at least thirty-five days before the day of a 11 regularly scheduled school election. 12 5. In the office of the proper commissioner or school board 13 secretary in case of a special election to fill vacancies in an 14 elective school board office , at least twenty-five days before 15 the day of election. 16 6. In the office of the proper city clerk commissioner , at 17 least forty-two days before the regularly scheduled or special 18 city election. However, for those cities that may be required 19 to hold a primary election, at least sixty-three days before a 20 regularly scheduled or special city election. 21 Sec. 7. Section 44.11, Code 2011, is amended to read as 22 follows: 23 44.11 Vacancies filled. 24 If a candidate named under this chapter withdraws before the 25 deadline established in section 44.9 , declines a nomination, 26 or dies before election day, or if a certificate of nomination 27 is held insufficient or inoperative by the officer with whom 28 it is required to be filed, or in case any objection made 29 to a certificate of nomination, or to the eligibility of any 30 candidate named in the certificate, is sustained by the board 31 appointed to determine such questions, the vacancy or vacancies 32 may be filled by the convention, or caucus, or in such manner 33 as such convention or caucus has previously provided. The 34 vacancy or vacancies shall be filled not less than seventy-four 35 -3- LSB 5249XD (9) 84 aw/sc 3/ 19

S.F. _____ H.F. _____ days before the election in the case of nominations required to 1 be filed with the state commissioner, not less than sixty-four 2 days before the election in the case of nominations required 3 to be filed with the commissioner, not less than thirty-five 4 days before the election in the case of nominations required 5 to be filed in with the office of the school board secretary 6 commissioner for school board elections , and not less than 7 forty-two days before the election in the case of nominations 8 required to be filed with the city clerk commissioner for city 9 elections . 10 Sec. 8. Section 48A.5, subsection 2, paragraph c, Code 2011, 11 is amended to read as follows: 12 c. Be at least eighteen years of age. Completed 13 registration forms shall be accepted from registrants who 14 are at least seventeen and one-half years of age ; however . 15 However , the registration shall not be effective until the 16 registrant reaches the age of eighteen. The commissioner of 17 registration shall ensure that the birth date shown on the 18 registration form is at least seventeen and one-half years 19 earlier than the date the registration is processed. A 20 registrant who is at least seventeen and one-half years of age 21 and who will be eighteen by the date of a pending election is 22 a registered voter for the pending election for purposes of 23 chapter 53 . 24 Sec. 9. Section 48A.14, subsection 1, paragraph b, Code 25 2011, is amended to read as follows: 26 b. The challenged registrant is less than seventeen and 27 one-half years of age. 28 Sec. 10. Section 48A.23, subsection 1, Code 2011, is amended 29 to read as follows: 30 1. At least twice during each school year, the board of 31 directors of each school district operating a high school and 32 the authorities in charge of each accredited nonpublic school 33 shall offer the opportunity to register to vote to each student 34 who is at least seventeen and one-half years of age. 35 -4- LSB 5249XD (9) 84 aw/sc 4/ 19

S.F. _____ H.F. _____ Sec. 11. Section 48A.26, subsection 9, Code 2011, is amended 1 to read as follows: 2 9. When a person who is at least seventeen and one-half 3 years of age but less than eighteen years of age registers 4 to vote, the commissioner shall maintain a record of the 5 registration so as to clearly indicate that it will not take 6 effect until the registrant’s eighteenth birthday and that the 7 person is registered and qualifies to vote at any election held 8 on or after that date. 9 Sec. 12. Section 48A.31, Code 2011, is amended to read as 10 follows: 11 48A.31 Deceased persons record. 12 The state registrar of vital statistics shall transmit 13 or cause to be transmitted to the state registrar of voters, 14 once each calendar quarter, a certified list of all persons 15 seventeen and one-half years of age and older in the state 16 whose deaths have been reported to the bureau of vital records 17 of the Iowa department of public health since the previous list 18 of decedents was certified to the state registrar of voters. 19 The list shall be submitted according to the specifications 20 of the state registrar of voters. The commissioner shall, in 21 the month following the end of a calendar quarter, run the 22 statewide voter registration system’s matching program to 23 determine whether a listed decedent was registered to vote in 24 the county and shall immediately cancel the registration of any 25 person named on the list of decedents. 26 Sec. 13. Section 49.21, subsection 2, paragraph a, Code 27 2011, is amended to read as follows: 28 a. Upon the application of the commissioner, the authority 29 which has control of any buildings or grounds supported by 30 taxation under the laws of this state shall make available the 31 necessary space therein for the purpose of holding elections, 32 without charge for the use thereof. For a period of thirty 33 days prior to each scheduled election, and upon the application 34 of the commissioner, the authority shall also make such 35 -5- LSB 5249XD (9) 84 aw/sc 5/ 19

S.F. _____ H.F. _____ buildings or grounds available for training courses related 1 to the election and offered by the commissioner for precinct 2 election officials and other election personnel. 3 Sec. 14. Section 53.8, subsection 1, Code 2011, is amended 4 to read as follows: 5 1. Upon receipt of an application for an absentee ballot 6 meeting the requirements of section 53.2 and immediately after 7 the absentee ballots are printed but in no case sooner than the 8 fiftieth day before any election , the commissioner shall mail 9 an absentee ballot to the applicant within twenty-four hours, 10 except as otherwise provided in subsection 3 . The absentee 11 ballot shall be enclosed in an unsealed envelope bearing a 12 serial number and affidavit. The absentee ballot and unsealed 13 envelope shall be enclosed in or with a return envelope marked 14 postage paid which bears the same serial number as the unsealed 15 envelope. The absentee ballot, unsealed envelope, and return 16 envelope shall be enclosed in a third envelope to be sent 17 to the registered voter. If the ballot cannot be folded so 18 that all of the votes cast on the ballot will be hidden, the 19 commissioner shall also enclose a secrecy envelope with the 20 absentee ballot. 21 Sec. 15. Section 53.10, subsection 1, Code 2011, is amended 22 to read as follows: 23 1. Not more than forty days before the date of the primary 24 election or the general election, the commissioner shall 25 provide facilities for absentee voting in person at the 26 commissioner’s office. This service shall also be provided for 27 other elections as soon as the ballots are ready, but in no 28 case shall absentee ballots be available for absentee voting in 29 person more than forty days before an election. 30 Sec. 16. Section 53.11, subsection 1, paragraph a, Code 31 2011, is amended to read as follows: 32 a. Satellite absentee voting stations may be established 33 no sooner than the fortieth day before an election throughout 34 the cities and county at the direction of the commissioner 35 -6- LSB 5249XD (9) 84 aw/sc 6/ 19

S.F. _____ H.F. _____ and shall be established upon the commissioner’s receipt 1 of a petition signed by not less than one hundred eligible 2 electors requesting that a satellite absentee voting station 3 be established at a location to be described on the petition 4 of the precinct where the requested satellite absentee 5 voting station is located . However, if a special election 6 is scheduled in the county on a date that falls between 7 the date of the regular city election and the date of the 8 city runoff election, the commissioner is not required to 9 establish a satellite absentee voting station for the city 10 runoff election. The petition shall be on a form prescribed 11 by the state commissioner and shall include a place for the 12 petitioner’s signature, residential address, including house 13 number and street, date on which the petition is signed by the 14 petitioner, and a statement that the petitioners are residents 15 of the precinct in which the requested satellite absentee 16 voting station is located. The commissioner is only required 17 to accept one valid petition for each precinct in each election 18 scheduled for the same date. If more than one petition is 19 filed for establishment of a satellite absentee voting station 20 in a particular precinct for an election to be held on the same 21 date, the commissioner shall, at a minimum, honor the first 22 valid petition received. 23 Sec. 17. Section 53.11, subsection 1, Code 2011, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . c. Objections to a petition requesting 26 establishment of a satellite absentee voting station may be 27 filed with the commissioner no later than the second day 28 following the petition filing deadline set forth in subsection 29 2. The objection process in section 44.7 shall be followed for 30 objections filed pursuant to this section. 31 Sec. 18. Section 260C.15, subsection 3, Code 2011, is 32 amended to read as follows: 33 3. Nomination papers on behalf of candidates for member of 34 the board of directors of a merged area shall be filed with 35 -7- LSB 5249XD (9) 84 aw/sc 7/ 19

S.F. _____ H.F. _____ the secretary of the board county commissioner of elections 1 responsible under section 47.2 for conducting elections held 2 for the merged area not earlier than sixty-four days nor later 3 than 5:00 p.m. on the fortieth day prior to the election at 4 which members of the board are to be elected. On the day 5 following No later than the last day on which nomination 6 petitions can be filed, and no later than 5:00 p.m. on that 7 day, the secretary shall deliver all nomination petitions so 8 filed, together with the text of any public measure being 9 submitted by the board of directors to the electorate, to the 10 county commissioner of elections who is responsible under 11 section 47.2 for conducting elections held for the merged area. 12 That commissioner shall certify the names of candidates, and 13 the text and summary of any public measure being submitted to 14 the electorate, to all county commissioners of elections in the 15 merged area by the thirty-fifth day prior to the election. 16 Sec. 19. Section 260C.15, subsection 4, paragraph b, Code 17 2011, is amended to read as follows: 18 b. The objection must be filed with the secretary of the 19 board county commissioner of elections responsible under 20 section 47.2 for conducting elections held for the merged area 21 at least thirty-five days before the day of the election at 22 which members of the board are elected. When objections are 23 filed, notice shall immediately be given to the candidate 24 affected, addressed to the candidate’s place of residence as 25 given on the candidate’s affidavit, stating that objections 26 have been made to the legal sufficiency of the petition or to 27 the eligibility of the candidate, and also stating the time and 28 place the objections will be considered. The board secretary 29 county commissioner shall also attempt to notify the candidate 30 by telephone if the candidate provided a telephone number on 31 the candidate’s affidavit. 32 Sec. 20. Section 260C.15, Code 2011, is amended by adding 33 the following new subsection: 34 NEW SUBSECTION . 4A. A candidate nominated under this 35 -8- LSB 5249XD (9) 84 aw/sc 8/ 19

S.F. _____ H.F. _____ section may withdraw the candidate’s nomination by a written 1 request filed with the county commissioner of elections 2 responsible under section 47.2 for conducting elections held 3 for the merged area at least thirty-five days before the day of 4 the election at which members of the board are elected. 5 Sec. 21. Section 275.25, subsection 1, paragraph b, Code 6 2011, is amended to read as follows: 7 b. The election shall be conducted as provided in section 8 277.3 , and nomination petitions shall be filed pursuant to 9 section 277.4 , except as otherwise provided in this subsection . 10 Nomination petitions shall be filed with the secretary of the 11 board of county commissioner of elections responsible under 12 section 47.2 for conducting elections held for the existing 13 school district in which the candidate resides not less than 14 twenty-eight days before the date set for the special school 15 election. The secretary of the board commissioner , or the 16 secretary’s commissioner’s designee, shall be present in the 17 secretary’s commissioner’s office until five 5:00 p.m. on the 18 final day to file the nomination papers. The nomination papers 19 shall be delivered to the commissioner no later than five 5:00 20 p.m. on the twenty-seventh day before the election. 21 Sec. 22. Section 277.4, subsections 1, 3, and 4, Code 2011, 22 are amended to read as follows: 23 1. Nomination papers for all candidates for election 24 to office in each school district shall be filed with the 25 secretary of the school board county commissioner of elections 26 responsible under section 47.2 for conducting elections held 27 for the school district not more than sixty-four days, nor less 28 than forty days before the election. Nomination petitions 29 shall be filed not later than 5:00 p.m. on the last day for 30 filing. If the school board secretary is not readily available 31 during normal office hours, the secretary may designate a 32 full-time employee of the school district who is ordinarily 33 available to accept nomination papers under this section . On 34 the final date for filing nomination papers the office of the 35 -9- LSB 5249XD (9) 84 aw/sc 9/ 19

S.F. _____ H.F. _____ school secretary county commissioner shall remain open until 1 5:00 p.m. 2 3. The secretary of the school board county commissioner 3 shall accept the petition for filing if on its face it appears 4 to have the requisite number of signatures and if it is timely 5 filed. The secretary of the school board county commissioner 6 shall note upon each petition and affidavit accepted for filing 7 the date and time that the petition was filed. The secretary 8 of the school board shall deliver all nomination petitions, 9 together with the complete text of any public measure being 10 submitted by the board to the electorate, to the county 11 commissioner of elections on the day following no later than 12 the last day on which nomination petitions can be filed, and 13 not later than 5:00 p.m. on that day. 14 4. Any person on whose behalf nomination petitions have been 15 filed under this section may withdraw as a candidate by filing 16 a signed statement to that effect with the secretary county 17 commissioner of elections responsible under section 47.2 for 18 conducting elections held for the school district at any time 19 prior to 5:00 p.m. on the thirty-fifth day before the election. 20 Sec. 23. Section 277.5, Code 2011, is amended to read as 21 follows: 22 277.5 Objections to nominations. 23 1. Objections to the legal sufficiency of a nomination 24 petition or to the eligibility of a candidate may be filed by 25 any person who would have the right to vote for a candidate for 26 the office in question. The objection must be filed with the 27 secretary of the school board county commissioner of elections 28 responsible under section 47.2 for conducting elections held 29 for the school district at least thirty-five days before 30 the day of the school election. When objections are filed 31 notice shall forthwith be given to the candidate affected, 32 addressed to the candidate’s place of residence as given on the 33 candidate’s affidavit, stating that objections have been made 34 to the legal sufficiency of the petition or to the eligibility 35 -10- LSB 5249XD (9) 84 aw/sc 10/ 19

S.F. _____ H.F. _____ of the candidate, and also stating the time and place the 1 objections will be considered. 2 2. Objections shall be considered not later than two working 3 days following the receipt of the objections by the president 4 of the school board, the secretary of the school board, and 5 one additional member of the school board chosen by ballot. 6 If objections have been filed to the nominations of either of 7 those school officials, that official shall not pass on the 8 objection. The official’s place shall be filled by a member 9 of the school board against whom no objection exists. The 10 replacement shall be chosen by ballot. 11 Sec. 24. Section 280.9A, subsection 3, Code 2011, is amended 12 to read as follows: 13 3. At least twice during each school year, the board of 14 directors of each local public school district operating a 15 high school and the authorities in charge of each accredited 16 nonpublic school operating a high school shall offer the 17 opportunity to register to vote to each student who is at least 18 seventeen and one-half years of age, as required by section 19 48A.23 . 20 Sec. 25. Section 372.13, subsection 2, paragraph a, Code 21 2011, is amended to read as follows: 22 a. (1) By appointment by the remaining members of the 23 council, except that if the remaining members do not constitute 24 a quorum of the full membership, paragraph “b” shall be 25 followed. The appointment shall be made within forty days 26 after the vacancy occurs and shall be for the period until the 27 next pending election as defined in section 69.12 , and shall 28 be made within forty days after the vacancy occurs general 29 election for a city described in section 39.3, subsection 7, or 30 the regular city election described in section 376.1, unless 31 there is an intervening special election to fill a vacancy 32 in another elective city office in that city, in which event 33 the election for the office shall be placed on the ballot 34 at such special election . If the council fails to make an 35 -11- LSB 5249XD (9) 84 aw/sc 11/ 19

S.F. _____ H.F. _____ appointment within forty days as required by this subsection, 1 the city clerk shall give notice of the vacancy to the county 2 commissioner and the county commissioner shall call a special 3 election to fill the vacancy at the earliest practicable date 4 but no fewer than thirty-two days after the notice is received 5 by the county commissioner. 6 (2) If the council chooses to proceed under this paragraph, 7 it shall publish notice in the manner prescribed by section 8 362.3 , stating that the council intends to fill the vacancy 9 by appointment but that the electors of the city or ward, as 10 the case may be, have the right to file a petition requiring 11 that the vacancy be filled by a special election. The council 12 may publish notice in advance if an elected official submits 13 a resignation to take effect at a future date. The council 14 may make an appointment to fill the vacancy after the notice 15 is published or after the vacancy occurs, whichever is later. 16 However, if within fourteen days after publication of the 17 notice or within fourteen days after the appointment is made, 18 there is filed with the city clerk a petition which requests a 19 special election to fill the vacancy, an appointment to fill 20 the vacancy is temporary and the council shall call a special 21 election to fill the vacancy permanently, under paragraph “b” . 22 The number of signatures of eligible electors of a city for a 23 valid petition shall be determined as follows: 24 (1) (a) For a city with a population of ten thousand or 25 less, at least two hundred signatures or at least the number of 26 signatures equal to fifteen percent of the voters who voted for 27 candidates for the office at the preceding regular election at 28 which the office was on the ballot, whichever number is fewer. 29 (2) (b) For a city with a population of more than ten 30 thousand but not more than fifty thousand, at least one 31 thousand signatures or at least the number of signatures equal 32 to fifteen percent of the voters who voted for candidates for 33 the office at the preceding regular election at which the 34 office was on the ballot, whichever number is fewer. 35 -12- LSB 5249XD (9) 84 aw/sc 12/ 19

S.F. _____ H.F. _____ (3) (c) For a city with a population of more than fifty 1 thousand, at least two thousand signatures or at least the 2 number of signatures equal to ten percent of the voters who 3 voted for candidates for the office at the preceding regular 4 election at which the office was on the ballot, whichever 5 number is fewer. 6 (4) (d) The minimum number of signatures for a valid 7 petition pursuant to subparagraphs (1) through (3) shall not 8 be fewer than ten. In determining the minimum number of 9 signatures required, if at the last preceding election more 10 than one position was to be filled for the office in which the 11 vacancy exists, the number of voters who voted for candidates 12 for the office shall be determined by dividing the total number 13 of votes cast for the office by the number of seats to be 14 filled. 15 Sec. 26. Section 376.1, Code 2011, is amended to read as 16 follows: 17 376.1 City election held —— absentee ballot elections 18 authorized . 19 1. A city shall hold a regular city election on the first 20 Tuesday after the first Monday in November of each odd-numbered 21 year. A city shall hold regular, special, primary, or runoff 22 city elections as provided by state law. 23 2. The mayor or council shall give notice of any special 24 election to the county commissioner of elections. The county 25 commissioner of elections shall publish notice of any city 26 election and conduct the election pursuant to the provisions of 27 chapters 39 to 53 , except as otherwise specifically provided 28 in chapters 362 to 392 . The results of any election shall be 29 canvassed by the county board of supervisors and certified 30 by the county commissioner of elections to the mayor and the 31 council of the city for which the election is held. 32 3. a. The council of a city with a population of two 33 hundred or less according to the most recent federal decennial 34 census may adopt an ordinance providing that elections be 35 -13- LSB 5249XD (9) 84 aw/sc 13/ 19

S.F. _____ H.F. _____ conducted by absentee ballot. If the city council adopts 1 such an ordinance, the clerk shall notify the commissioner 2 of elections of the adoption of the ordinance, and the 3 commissioner shall mail an absentee ballot application form 4 by forwardable mail to each registered voter within the city 5 who is on active status pursuant to section 48A.37 no fewer 6 than twenty-five days before each regular city election or 7 special election for the city. The commissioner shall also 8 enclose a postage paid return envelope and a notice in the 9 form prescribed by the state commissioner informing the voter 10 that voting in person on election day will also be available 11 at the commissioner’s office. The commissioner may designate 12 one additional election day polling site for a city that adopts 13 an ordinance pursuant to this subsection. The location of the 14 additional polling site shall be included in the notice to the 15 voter. 16 b. The provisions of chapter 53, insofar as applicable, 17 shall apply to absentee ballot elections authorized under this 18 section. 19 Sec. 27. Section 376.4, subsection 1, paragraph a, Code 20 2011, is amended to read as follows: 21 a. An eligible elector of a city may become a candidate 22 for an elective city office by filing with the city clerk 23 county commissioner of elections responsible under section 47.2 24 for conducting elections held for the city a valid petition 25 requesting that the elector’s name be placed on the ballot 26 for that office. The petition must be filed not more than 27 seventy-one days and not less than forty-seven days before the 28 date of the election, and must be signed by eligible electors 29 equal in number to at least two percent of those who voted to 30 fill the same office at the last regular city election, but not 31 less than ten persons. However, for those cities which may be 32 required to hold a primary election, the petition must be filed 33 not more than eighty-five days and not less than sixty-eight 34 days before the date of the regular city election. Nomination 35 -14- LSB 5249XD (9) 84 aw/sc 14/ 19

S.F. _____ H.F. _____ petitions shall be filed not later than 5:00 p.m. on the last 1 day for filing. 2 Sec. 28. Section 376.4, subsections 3, 4, and 5, Code 2011, 3 are amended to read as follows: 4 3. If the city clerk is not readily available during normal 5 office hours, the city clerk shall designate other employees or 6 officials of the city who are ordinarily available to accept 7 nomination papers under this section . On the final date for 8 filing nomination papers the office of the city clerk county 9 commissioner shall remain open until 5:00 p.m. 10 4. The city clerk county commissioner shall review each 11 petition and affidavit of candidacy for completeness following 12 the standards in section 45.5 and shall accept the petition 13 for filing if on its face it appears to have the requisite 14 number of signatures and if it is timely filed. The city 15 clerk county commissioner shall note upon each petition and 16 affidavit accepted for filing the date and time that they were 17 filed. The clerk county commissioner shall return any rejected 18 nomination papers to the person on whose behalf the nomination 19 papers were filed. 20 5. Nomination papers filed with the city clerk county 21 commissioner shall be available for public inspection. 22 6. The city clerk shall deliver all nomination papers 23 together with the text of any public measure being submitted by 24 the city council to the electorate to the county commissioner 25 of elections on the day following no later than the last day 26 on which nomination petitions can be filed, and not later than 27 5:00 p.m. on that day. 28 Sec. 29. Section 602.8102, subsection 15, Code 2011, is 29 amended to read as follows: 30 15. Monthly, notify the county commissioner of registration 31 and the state registrar of voters of persons seventeen and 32 one-half years of age and older who have been convicted of a 33 felony during the preceding calendar month or persons who at 34 any time during the preceding calendar month have been legally 35 -15- LSB 5249XD (9) 84 aw/sc 15/ 19

S.F. _____ H.F. _____ declared to be a person who is incompetent to vote as that term 1 is defined in section 48A.2 . 2 Sec. 30. REPEAL. Section 53.14, Code 2011, is repealed. 3 Sec. 31. EFFECTIVE DATE. The following provision or 4 provisions of this Act take effect January 1, 2013: 5 1. The section of this Act amending section 48A.5, 6 subsection 2. 7 2. The section of this Act amending section 48A.14, 8 subsection 1. 9 3. The section of this Act amending section 48A.23, 10 subsection 1. 11 4. The section of this Act amending section 48A.26, 12 subsection 9. 13 5. The section of this Act amending section 48A.31. 14 6. The section of this Act amending section 280.9A, 15 subsection 3. 16 7. The section of this Act amending section 602.8102, 17 subsection 15. 18 EXPLANATION 19 This bill relates to the policy administration of the 20 election and voter registration laws by the secretary of state. 21 The bill amends the definition of “general election” to 22 include certain regular city elections, where applicable. 23 The bill requires that the county commissioner of 24 registration accept completed voter registration forms from 25 registrants who are at least 17 years of age. Current law 26 requires the county commissioner of registration to accept such 27 forms from registrants who are at least 17 and one-half years 28 of age. This provision of the bill takes effect January 1, 29 2013. 30 The bill requires that any authority supported by taxation 31 under the laws of Iowa make space available for the training of 32 precinct election officials and other election personnel upon 33 the applications of the county commissioner of elections. 34 The bill provides that the county commissioner of elections 35 -16- LSB 5249XD (9) 84 aw/sc 16/ 19

S.F. _____ H.F. _____ shall not mail an absentee ballot to an applicant sooner than 1 50 days before any election. The bill removes language which 2 requires a voter’s party affiliation be designated in the voter 3 affidavit on the unsealed affidavit envelope if the enclosed 4 ballot is a primary election ballot. The bill specifies that 5 absentee ballots shall be made available for voting in person 6 at the commissioner’s office not more than 40 days before an 7 election. 8 The bill further provides that satellite absentee voting 9 stations shall not be established sooner than 40 days before 10 an election. The bill requires that a petition for the 11 establishment of a satellite absentee voting station be on a 12 form prescribed by the state commissioner of elections, and 13 as provided in the bill. The bill provides that a county 14 commissioner of elections is only required to accept one 15 valid petition for each precinct in each election. The bill 16 requires at a minimum that the county commissioner honor the 17 first valid petition for a satellite absentee voting station 18 if more than one petition is filed for a station in the same 19 precinct for the same election. Any objection to a petition 20 requesting a satellite absentee voting station shall be filed 21 with the county commissioner no later than two days following 22 the petition filing deadline. 23 The bill requires that nomination papers of candidates for 24 member of the board of directors of a merged area, objections 25 to such nominations, and withdrawals of such nominations be 26 filed with the county commissioner of elections responsible 27 for conducting elections for the merged area, rather than 28 with the secretary of the board. The bill also requires the 29 county commissioner, rather than the secretary of the board, to 30 attempt to notify the candidate by telephone if an objection 31 is filed if the candidate provided a telephone number. The 32 bill also provides that the text of any public measure relating 33 to the merged area be delivered by the secretary of the board 34 to the county commissioner no later than the last day on which 35 -17- LSB 5249XD (9) 84 aw/sc 17/ 19