House File 246 - Introduced HOUSE FILE 246 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 21) A BILL FOR An Act relating to the technical administration of election and 1 voter registration laws, including by making modifications 2 to certain filing deadlines, preservation of certain 3 records, elections to fill certain vacancies in office, 4 absentee voting, voting systems, and ballot summaries. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1134HV (3) 85 aw/sc

H.F. 246 Section 1. Section 43.16, Code 2013, is amended to read as 1 follows: 2 43.16 Return of papers, additions not allowed. 3 1. After a nomination paper has been filed, it shall not 4 be returned to the person who has filed the paper, nor shall 5 any signature or other information be added to the nomination 6 paper. 7 2. a. A person who has filed nomination petitions with the 8 state commissioner may withdraw as a candidate not later than 9 5:00 p.m. on the seventy-sixth day before the primary election 10 by notifying the state commissioner in writing. 11 b. A person who has filed nomination papers with the 12 commissioner may withdraw as a candidate not later than 5:00 13 p.m. on the sixty-seventh day before the primary election by 14 notifying the commissioner in writing. 15 3. The name of a candidate who has withdrawn or died at a 16 time in accordance with this section shall be omitted from the 17 certificate furnished by the state commissioner under section 18 43.22 and omitted from the primary election ballot. 19 Sec. 2. Section 43.23, Code 2013, is amended to read as 20 follows: 21 43.23 Death or withdrawal of primary candidate. 22 1. If a person who has filed nomination papers with the 23 state commissioner as a candidate in a primary election dies 24 or withdraws up to before 5:00 p.m. on the seventy-sixth 25 day before the primary election, the appropriate convention 26 or central committee of that person’s political party may 27 designate one additional primary election candidate for the 28 nomination that person was seeking, if the designation is 29 submitted to the state commissioner in writing by 5:00 p.m. on 30 the seventy-first day before the date of the primary election. 31 The name of any candidate so submitted shall be included in the 32 appropriate certificate or certificates furnished by the state 33 commissioner under section 43.22 . 34 2. If a person who has filed nomination papers with the 35 -1- LSB 1134HV (3) 85 aw/sc 1/ 18

H.F. 246 commissioner as a candidate in a primary election dies or 1 withdraws up to before 5:00 p.m. on the sixty-seventh day 2 before the primary election, the appropriate convention 3 or central committee of that person’s political party may 4 designate one additional primary election candidate for the 5 nomination that person was seeking, if the designation is 6 submitted to the commissioner in writing by 5:00 p.m. on the 7 sixty-third day before the primary election. The name of any 8 candidate so submitted shall be placed on the appropriate 9 ballot or ballots by the commissioner. 10 Sec. 3. Section 43.24, subsection 1, paragraph b, Code 2013, 11 is amended by adding the following new subparagraph: 12 NEW SUBPARAGRAPH . (03) Objections to nominations to fill 13 vacancies in the office of representative in Congress at a 14 special election held under section 69.14 shall be filed with 15 the state commissioner not less than sixty days prior to the 16 date set for the special election. 17 Sec. 4. Section 43.24, subsection 1, paragraph b, 18 subparagraph (3), Code 2013, is amended to read as follows: 19 (3) Objections to nominations to fill vacancies in the 20 general assembly at a special election held under section 21 69.14 , under which the forty-day notice of election provision 22 applies, shall be filed with the state commissioner not less 23 than fifteen days prior to the date set for the special 24 election. If the forty-day notice provision does not apply, 25 objections to nominations to fill vacancies in the general 26 assembly at a special election held under section 69.14 may be 27 filed any time prior to the date set for the special election. 28 Sec. 5. Section 43.24, subsection 1, Code 2013, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . c. Objections filed pursuant to this section 31 shall be filed no later than 5:00 p.m. on the final date for 32 filing. 33 Sec. 6. Section 43.24, subsection 2, paragraph b, Code 2013, 34 is amended to read as follows: 35 -2- LSB 1134HV (3) 85 aw/sc 2/ 18

H.F. 246 b. If an objection is filed to a nomination to fill 1 a vacancy in the general assembly at a special election 2 held under section 69.14 , under which the forty-day notice 3 of election provision of section 69.14 does not apply, 4 notice of the objection shall be made to the candidate by 5 the state commissioner as soon as practicable. Under this 6 paragraph, failure to notify a candidate of an objection to the 7 candidate’s nomination prior to the date set for the special 8 election does not invalidate the hearing conducted under 9 subsection 3 . The hearing to an objection shall proceed as 10 quickly as possible to expedite the special election. 11 Sec. 7. Section 43.72, Code 2013, is amended to read as 12 follows: 13 43.72 State returns filed and preserved. 14 When the canvass is concluded, the board shall deliver 15 the original abstract returns to the state commissioner, who 16 shall file the returns in the state commissioner’s office and 17 preserve the abstracts of the canvass of the state board and 18 certificates attached thereto. The state commissioner may 19 preserve the abstracts and certificates attached thereto in an 20 electronic format. 21 Sec. 8. Section 43.88, Code 2013, is amended to read as 22 follows: 23 43.88 Certification of nominations. 24 1. Nominations made by state, district, and county 25 conventions, shall, under the name, place of residence, and 26 post office address of the nominee, and the office to which 27 nominated, and the name of the political party making the 28 nomination, be forthwith certified to the proper officer by 29 the chairperson and secretary of the convention, or by the 30 committee, as the case may be, and if such certificate is 31 received in time, the names of such nominees shall be printed 32 on the official ballot the same as if the nomination had been 33 made in the primary election. 34 2. Nominations made to fill vacancies in the office of 35 -3- LSB 1134HV (3) 85 aw/sc 3/ 18

H.F. 246 representative in Congress shall be certified to the state 1 commissioner not less than sixty-two days prior to the date set 2 for the special election. Nominations made to fill vacancies 3 in other offices to which this chapter applies at a special 4 election shall be certified to the proper official not less 5 than twenty-five days prior to the date set for the special 6 election. In the event the special election is to fill a 7 vacancy in the general assembly while it is in session or 8 within forty-five days of the convening of any session, the 9 nomination shall be certified not less than fourteen days 10 before the date of the special election. 11 3. Nominations certified to the proper official under this 12 section shall be accompanied by an affidavit executed by the 13 nominee in substantially the form required by section 43.67 . 14 Sec. 9. Section 44.4, subsection 1, Code 2013, is amended 15 to read as follows: 16 1. Nominations made pursuant to this chapter and chapter 17 45 which are required to be filed in the office of the state 18 commissioner shall be filed in that office not more than 19 ninety-nine days nor later than 5:00 p.m. on the eighty-first 20 day before the date of the general election to be held in 21 November. Nominations made for a special election called 22 pursuant to section 69.14 to fill vacancies in the general 23 assembly shall be filed by 5:00 p.m. not less than twenty-five 24 days before the date of an election called upon at least 25 forty days’ notice and not less than fourteen days before 26 the date of an election called upon at least eighteen days’ 27 notice. Nominations made to fill vacancies in the office of 28 representatives in Congress at a special election shall be 29 certified to the state commissioner not less than sixty-two 30 days prior to the date set for the special election. 31 Nominations made for a special election called pursuant to 32 section 69.14A shall be filed by 5:00 p.m. not less than 33 twenty-five days before the date of the election. Nominations 34 made pursuant to this chapter and chapter 45 which are required 35 -4- LSB 1134HV (3) 85 aw/sc 4/ 18

H.F. 246 to be filed in the office of the commissioner shall be filed 1 in that office not more than ninety-two days nor later than 2 5:00 p.m. on the sixty-ninth day before the date of the general 3 election. Nominations made pursuant to this chapter or chapter 4 45 for city office shall be filed not more than seventy-two 5 days nor later than 5:00 p.m. on the forty-seventh day before 6 the city election with the city clerk, who shall process them 7 as provided by law. 8 Sec. 10. Section 44.4, subsection 2, paragraph a, Code 2013, 9 is amended by adding the following new subparagraphs: 10 NEW SUBPARAGRAPH . (03) Objections to nominations to fill 11 a vacancy in the office of representative in Congress at a 12 special election held under section 69.14 shall be filed with 13 the state commissioner not less than sixty days prior to the 14 date set for the special election. 15 NEW SUBPARAGRAPH . (003) Objections to nominations to 16 fill a vacancy in the general assembly at a special election 17 held under section 69.14, under which the forty-day notice 18 of election provision applies, shall be filed with the state 19 commissioner not less than fifteen days prior to the date set 20 for the special election. If the forty-day notice provision 21 does not apply, objections to nominations to fill vacancies at 22 a special election held under section 69.14 may be filed no 23 later than the day before the special election. 24 Sec. 11. Section 48A.30, subsection 1, paragraph a, Code 25 2013, is amended to read as follows: 26 a. The registered voter dies. For the purposes of this 27 subsection , the commissioner may accept as evidence of death a 28 notice from the state registrar of vital statistics forwarded 29 by the state registrar of voters, a written statement from a 30 member of the registered voter’s household, an obituary in a 31 newspaper, an obituary posted on a funeral home internet site, 32 a written statement from an election official, or a notice from 33 the county recorder of the county where the registered voter 34 died. 35 -5- LSB 1134HV (3) 85 aw/sc 5/ 18

H.F. 246 Sec. 12. Section 48A.32, Code 2013, is amended to read as 1 follows: 2 48A.32 Destruction or removal of canceled voter registration 3 records. 4 Twenty-two months after the next general election following 5 the cancellation of a person’s voter registration or twenty-two 6 months after receipt of an incomplete voter registration 7 application , the commissioner may destroy all records of that 8 person’s registration , including electronic records . At the 9 discretion of the commissioner, canceled records may be donated 10 to a historical society if all confidential information has 11 been removed from the records. 12 Sec. 13. Section 49.45, Code 2013, is amended to read as 13 follows: 14 49.45 General form of ballot. 15 Ballots referred to in section 49.43 shall be substantially 16 in one of the following form forms : 17 Shall the following amendment to the Constitution (or public 18 measure) be adopted? 19 ☐ Yes 20 ☐ No 21 (Here insert the summary, if it is for a constitutional 22 amendment or statewide public measure, and in full the proposed 23 constitutional amendment or public measure. The number 24 assigned by the state commissioner or the letter assigned 25 by the county commissioner shall be included on the ballot 26 centered above the question, “Shall the following amendment to 27 the Constitution [or public measure] be adopted?”.) 28 Shall the following amendment to the Constitution (or public 29 measure) be adopted? 30 (Here insert the summary, if it is for a constitutional 31 amendment or statewide public measure, and in full the proposed 32 constitutional amendment or public measure. The number 33 assigned by the state commissioner or the letter assigned 34 by the county commissioner shall be included on the ballot 35 -6- LSB 1134HV (3) 85 aw/sc 6/ 18

H.F. 246 centered above the question, “Shall the following amendment to 1 the Constitution [or public measure] be adopted?”.) 2 ☐ Yes 3 ☐ No 4 Sec. 14. Section 50.15A, Code 2013, is amended to read as 5 follows: 6 50.15A Unofficial results of voting —— general election only . 7 1. In order to provide the public with an early source 8 of election results before the official canvass of votes, 9 the state commissioner of elections, in cooperation with 10 the commissioners of elections, shall conduct an unofficial 11 canvass of election results following the closing of the 12 polls on the day of a primary election, general election , 13 or special election under section 69.14 . The unofficial 14 canvass shall report election results for national offices, 15 statewide offices, the office of state representative, the 16 office of state senator, and other offices or public measures 17 at the discretion of the state commissioner of elections. 18 The unofficial canvass shall also report the total number of 19 ballots cast at the primary election, general election , or 20 special election under section 69.14 . 21 2. a. After the polls close on election day for a primary 22 election, general election, or special election under section 23 69.14 , the commissioner of elections shall periodically provide 24 election results to the state commissioner of elections as 25 the precincts in the county report election results to the 26 commissioner pursuant to section 50.11 . If the commissioner 27 has access to the vote tabulating software necessary to produce 28 the election results in an electronic format, the commissioner 29 shall provide the election results required by this section in 30 an electronic format. If the commissioner determines that all 31 precincts will not report election results before the office is 32 closed, the commissioner shall report the most complete results 33 available prior to leaving the office at the time the office is 34 closed as provided in section 50.11 . The commissioner shall 35 -7- LSB 1134HV (3) 85 aw/sc 7/ 18

H.F. 246 specify the number of precincts included in the report to the 1 state commissioner of elections. 2 b. The state commissioner of elections shall tabulate 3 unofficial election results as the results are received from 4 the commissioners of elections and shall periodically make the 5 reports of the results available to the public. 6 3. Before the day of the primary election, general election, 7 or special election under section 69.14, the state commissioner 8 of elections shall provide a form and instructions for 9 reporting unofficial election results pursuant to this section . 10 Sec. 15. Section 50.48, subsection 1, paragraph b, Code 11 2013, is amended to read as follows: 12 b. Immediately upon receipt of a request for a recount, 13 the commissioner shall send a copy of the request to the 14 apparent winner by certified mail. The commissioner shall 15 also attempt to contact the apparent winner by telephone. 16 If the apparent winner cannot be reached within four days, 17 the chairperson of the political party or organization which 18 nominated the apparent winner shall be contacted or, in the 19 case of an election for a nonpartisan office, the entity or 20 officer responsible for making an appointment to fill a vacancy 21 in the office shall be contacted and shall act on behalf of the 22 apparent winner, if necessary. For On behalf of candidates for 23 partisan state or federal offices, the chairperson of the state 24 party shall be contacted. For On behalf of candidates for 25 partisan county offices, the county chairperson of the party 26 shall be contacted. 27 Sec. 16. Section 52.5, subsection 2, Code 2013, is amended 28 to read as follows: 29 2. The state commissioner shall formulate, with the advice 30 and assistance of the examiners, and adopt rules governing the 31 testing and examination of any optical scan voting system by 32 the board of examiners. The rules shall prescribe the method 33 to be used in determining whether the system is suitable for 34 use within the state and performance standards for voting 35 -8- LSB 1134HV (3) 85 aw/sc 8/ 18

H.F. 246 equipment in use within the state. The rules shall provide 1 that all optical scan voting systems approved for use by the 2 examiners after April 9, 2003, shall meet voting systems 3 performance and test standards, as adopted by the federal 4 election commission on April 30, 2002, and pursuant to the 5 provisions of or as deemed adopted by Pub. L. No. 107-252, 6 § 222. The rules shall include standards for determining when 7 recertification is necessary following modifications to the 8 equipment or to the programs used in tabulating votes, and a 9 procedure for rescinding certification if a system is found 10 not to comply with performance standards adopted by the state 11 commissioner. 12 Sec. 17. Section 53.18, subsection 2, Code 2013, is amended 13 to read as follows: 14 2. If the commissioner receives the return envelope 15 containing the completed absentee ballot by 5:00 p.m. on the 16 Saturday before the election for general and primary elections 17 and by 5:00 p.m. on the Friday before the election for all 18 other elections, the commissioner shall open the envelope to 19 review the affidavit for completeness. If the affidavit is 20 incomplete, the commissioner shall, within twenty-four hours of 21 the time the envelope was received, notify the voter of that 22 fact and that the voter may complete the affidavit in person 23 at the office of the commissioner by 5:00 p.m. on the day 24 before the election, or in the case of an election at which the 25 polls open at noon on election day, by 10:00 a.m. on the date 26 of the election, vote a replacement ballot in the manner and 27 within the time period provided in subsection 3 , or appear at 28 the voter’s precinct polling place on election day and cast a 29 ballot in accordance with section 53.19, subsection 3 . 30 Sec. 18. Section 53.30, Code 2013, is amended to read as 31 follows: 32 53.30 Ballots, ballot envelopes, and other information 33 preserved. 34 At the conclusion of each meeting of the absentee and special 35 -9- LSB 1134HV (3) 85 aw/sc 9/ 18

H.F. 246 voter’s precinct board, the board shall securely seal all 1 ballots counted by them in the manner prescribed in section 2 50.12 . The ballot envelopes, including the envelope having the 3 registered voter’s affidavit on it, the return envelope, and 4 secrecy envelope bearing the signatures of precinct election 5 officials , as required by section 53.23 , shall be preserved. 6 All applications for absentee ballots, ballots rejected without 7 being opened, absentee ballot logs, and any other documents 8 pertaining to the absentee ballot process shall be preserved 9 until such time as the documents may be destroyed pursuant to 10 section 50.19 . 11 Sec. 19. Section 53.39, subsection 2, Code 2013, is amended 12 to read as follows: 13 2. All official ballots to be voted by qualified absent 14 voters in the armed forces of the United States at the primary 15 election , and the general election , and special elections for 16 representative in Congress shall be printed prior to forty-five 17 days before the respective elections and shall be available for 18 transmittal to such qualified voters in the armed forces of the 19 United States at least forty-five days before the respective 20 elections. The provisions of this chapter apply to absent 21 voting by qualified voters in the armed forces of the United 22 States except as modified by the provisions of this division . 23 Sec. 20. Section 53.40, subsection 2, Code 2013, is amended 24 to read as follows: 25 2. The commissioner shall immediately on after the ballots 26 are available and no later than the forty-fifth day prior to 27 the particular primary election, general election, or special 28 election for representative in Congress transmit ballots to 29 the voter by mail or otherwise, postage prepaid, as directed 30 by the state commissioner, requests for which are in the 31 commissioner’s hands at that time, and thereafter so transmit 32 ballots immediately upon receipt of requests. A request for 33 ballot for the primary election which does not state the party 34 affiliation of the voter making the request is void and of no 35 -10- LSB 1134HV (3) 85 aw/sc 10/ 18

H.F. 246 effect. A request which does not show that the person for whom 1 a ballot is requested will be a qualified voter in the precinct 2 in which the ballot is to be cast on the day of the election for 3 which the ballot is requested, shall not be honored. However, 4 a request which states the age and the city, including street 5 address, and county where the voter resides is sufficient to 6 show that the person is a qualified voter. A request by the 7 voter containing substantially the information required is 8 sufficient. 9 Sec. 21. Section 53.47, Code 2013, is amended to read as 10 follows: 11 53.47 Materials furnished by department of administrative 12 services state commissioner . 13 1. In order to establish uniformity in size, weight 14 and other characteristics of the ballot and facilitate its 15 distribution and return, the department of administrative 16 services shall upon direction of the state commissioner 17 shall purchase any material needed for any special ballots, 18 envelopes , and other printed matter, and sell any such 19 materials to the several counties of the state at cost plus 20 handling and transportation costs. 21 2. There is hereby appropriated to the department of 22 administrative services state commissioner from the general 23 fund of the state such sums as may be necessary to purchase 24 any materials provided for herein. The proceeds from sale of 25 such materials to counties shall be turned into the general 26 fund of the state upon receipt of same by the department of 27 administrative services state commissioner . 28 Sec. 22. Section 69.14, Code 2013, is amended to read as 29 follows: 30 69.14 Special election to fill vacancies. 31 A special election to fill a vacancy shall be held for a 32 representative in Congress, or senator or representative in the 33 general assembly, when the body in which such vacancy exists is 34 in session, or will convene prior to the next general election , 35 -11- LSB 1134HV (3) 85 aw/sc 11/ 18

H.F. 246 and the . The governor shall order, not later than five days 1 from the date the vacancy exists, a special election, giving 2 not less than seventy-six days’ notice of such election to 3 fill a vacancy in the office of representative in Congress or 4 forty days’ notice of such election to fill a vacancy in the 5 office of senator or representative in the general assembly . 6 In the event the special election is to fill a vacancy in the 7 general assembly while it is in session or within forty-five 8 days of the convening of any session, the time limit provided 9 in this section shall not apply and the governor shall order 10 such special election at the earliest practical time, giving 11 at least eighteen days’ notice of the special election. Any 12 special election called under this section must be held on 13 a Tuesday and shall not be held on the same day as a school 14 election within the district. 15 Sec. 23. Section 69.14A, subsection 1, paragraph a, 16 subparagraph (1), Code 2013, is amended to read as follows: 17 (1) The appointment shall be for the period until the next 18 pending election as defined in section 69.12 , and shall be 19 made within forty sixty days after the vacancy occurs. If the 20 committee of county officers designated to fill the vacancy 21 chooses to proceed under this paragraph, the committee shall 22 publish notice in the manner prescribed by section 331.305 23 stating that the committee intends to fill the vacancy by 24 appointment but that the electors of the district or county, 25 as the case may be, have the right to file a petition requiring 26 that the vacancy be filled by special election. The committee 27 may publish notice in advance if an elected official submits 28 a resignation to take effect at a future date. The committee 29 may make an appointment to fill the vacancy after the notice is 30 published or after the vacancy occurs, whichever is later. A 31 person appointed to an office under this subsection shall have 32 actually resided in the county which the appointee represents 33 sixty days prior to appointment. 34 Sec. 24. Section 69.14A, subsection 2, paragraph a, 35 -12- LSB 1134HV (3) 85 aw/sc 12/ 18

H.F. 246 subparagraph (1), Code 2013, is amended to read as follows: 1 (1) The appointment shall be for the period until the next 2 pending election as defined in section 69.12 , and shall be made 3 within forty sixty days after the vacancy occurs. If the board 4 of supervisors chooses to proceed under this paragraph, the 5 board shall publish notice in the manner prescribed by section 6 331.305 stating that the board intends to fill the vacancy 7 by appointment but that the electors of the county have the 8 right to file a petition requiring that the vacancy be filled 9 by special election. The board may publish notice in advance 10 if an elected official submits a resignation to take effect 11 at a future date. The board may make an appointment to fill 12 the vacancy after the notice is published or after the vacancy 13 occurs, whichever is later. A person appointed to an office 14 under this subsection , except for a county attorney, shall have 15 actually resided in the county which the appointee represents 16 sixty days prior to appointment. A person appointed to the 17 office of county attorney shall be a resident of the county at 18 the time of appointment. 19 Sec. 25. Section 372.13, subsection 2, paragraph a, Code 20 2013, is amended to read as follows: 21 a. (1) By appointment by the remaining members of the 22 council, except that if the remaining members do not constitute 23 a quorum of the full membership, paragraph “b” shall be 24 followed. The appointment shall be made within sixty days 25 after the vacancy occurs and shall be for the period until the 26 next pending election as defined in section 69.12 , and shall 27 be made within forty days after the vacancy occurs regular 28 city election described in section 376.1, unless there is an 29 intervening special election in that city, in which event the 30 election for the office shall be placed on the ballot at such 31 special election . 32 (2) If the council chooses to proceed under this paragraph, 33 it shall publish notice in the manner prescribed by section 34 362.3 , stating that the council intends to fill the vacancy 35 -13- LSB 1134HV (3) 85 aw/sc 13/ 18

H.F. 246 by appointment but that the electors of the city or ward, as 1 the case may be, have the right to file a petition requiring 2 that the vacancy be filled by a special election. The council 3 may publish notice in advance if an elected official submits 4 a resignation to take effect at a future date. The council 5 may make an appointment to fill the vacancy after the notice 6 is published or after the vacancy occurs, whichever is later. 7 However, if within fourteen days after publication of the 8 notice or within fourteen days after the appointment is made, 9 there is filed with the city clerk a petition which requests a 10 special election to fill the vacancy, an appointment to fill 11 the vacancy is temporary and the council shall call a special 12 election to fill the vacancy permanently, under paragraph “b” . 13 The number of signatures of eligible electors of a city for a 14 valid petition shall be determined as follows: 15 (1) (a) For a city with a population of ten thousand or 16 less, at least two hundred signatures or at least the number of 17 signatures equal to fifteen percent of the voters who voted for 18 candidates for the office at the preceding regular election at 19 which the office was on the ballot, whichever number is fewer. 20 (2) (b) For a city with a population of more than ten 21 thousand but not more than fifty thousand, at least one 22 thousand signatures or at least the number of signatures equal 23 to fifteen percent of the voters who voted for candidates for 24 the office at the preceding regular election at which the 25 office was on the ballot, whichever number is fewer. 26 (3) (c) For a city with a population of more than fifty 27 thousand, at least two thousand signatures or at least the 28 number of signatures equal to ten percent of the voters who 29 voted for candidates for the office at the preceding regular 30 election at which the office was on the ballot, whichever 31 number is fewer. 32 (4) (d) The minimum number of signatures for a valid 33 petition pursuant to subparagraphs (1) subparagraph divisions 34 (a) through (3) (c) shall not be fewer than ten. In 35 -14- LSB 1134HV (3) 85 aw/sc 14/ 18

H.F. 246 determining the minimum number of signatures required, if at 1 the last preceding election more than one position was to be 2 filled for the office in which the vacancy exists, the number 3 of voters who voted for candidates for the office shall be 4 determined by dividing the total number of votes cast for the 5 office by the number of seats to be filled. 6 Sec. 26. EFFECTIVE UPON ENACTMENT. The following 7 provision or provisions of this Act, being deemed of immediate 8 importance, take effect upon enactment: 9 1. The section of this Act amending section 43.24, 10 subsection 1, paragraph “b”. 11 2. The section of this Act amending section 43.24, 12 subsection 2, paragraph “b”. 13 3. The section of this Act amending section 43.88. 14 4. The section of this Act amending section 44.4, subsection 15 1. 16 5. The section of this Act amending section 44.4, subsection 17 2, paragraph “a”. 18 6. The section of this Act amending section 53.39, 19 subsection 2. 20 7. The section of this Act amending section 53.40, 21 subsection 2. 22 8. The section of this Act amending section 69.14. 23 EXPLANATION 24 This bill relates to the technical administration of 25 election and voter registration laws generally. 26 The bill amends Code section 43.16, relating to withdrawal 27 of a primary election candidate, and Code section 43.23, 28 relating to replacement of a primary election candidate who 29 has withdrawn or died, to add the clock time of 5:00 p.m. to 30 the current deadline dates. The bill also amends Code section 31 43.24, relating to filing objections to primary election 32 nominations, to add the clock time of 5:00 p.m. to the current 33 deadline dates. 34 The bill amends Code section 43.72 to specify that the state 35 -15- LSB 1134HV (3) 85 aw/sc 15/ 18

H.F. 246 commissioner of elections has the authority to electronically 1 preserve certain abstracts and certificates from primary 2 elections. 3 The bill amends Code section 48A.30 to provide that in 4 canceling the registration of a registered voter, a county 5 commissioner of elections may accept an obituary posted on a 6 funeral home internet site as evidence of death. 7 The bill amends Code section 48A.32 to allow a county 8 commissioner of elections, following receipt of a person’s 9 incomplete voter registration application, to destroy all 10 records and electronic records of that person’s registration 22 11 months after the next general election. The Code section is 12 also amended to specify that a county commissioner of elections 13 may destroy the electronic records of canceled registrations. 14 The bill amends Code section 49.45 to allow ballots for 15 constitutional amendments and other public measures to be 16 published in one of two forms. 17 The bill amends Code section 50.15A to require that a 18 county commissioner of elections provide unofficial election 19 results to the state commissioner of elections for, and that 20 the state commissioner provide certain materials to the county 21 commissioners in advance of, all primary elections and special 22 elections to fill vacancies in the general assembly or office 23 of representative in Congress. Current law already requires 24 that county commissioners provide such results and materials 25 for general elections. The bill also requires that for a 26 primary election, general election, or special election to fill 27 vacancies in the general assembly or office of representative 28 in Congress, a county commissioner of elections provide the 29 state commissioner of elections with election results in an 30 electronic format if the county commissioner has access to the 31 vote tabulating software necessary to produce the results in an 32 electronic format. 33 The bill amends Code section 50.48 to require that in the 34 case of a recount of an election for a nonpartisan office, if 35 -16- LSB 1134HV (3) 85 aw/sc 16/ 18

H.F. 246 the apparent winner cannot be reached within four days after 1 receipt of a request for a recount, the county commissioner of 2 elections shall contact the entity or officer responsible for 3 making an appointment to a vacancy in the nonpartisan office. 4 The bill amends Code section 52.5, relating to the testing 5 and examination of voting equipment, to remove a reference to 6 specific performing and test standards adopted by the federal 7 election commission on April 30, 2002, but to maintain a 8 reference to the adoption of such standards pursuant to Pub. 9 L. No. 107-252, § 222. 10 The bill amends Code section 53.18 which requires that 11 a county commissioner of elections notify a voter that the 12 voter is allowed the opportunity to complete an affidavit, 13 if the affidavit that accompanies the absentee ballot is 14 incomplete, within 24 hours of the county commissioner 15 receiving the absentee ballot. The bill requires that the 16 county commissioner notify such a voter by 10:00 a.m. on the 17 date of the election in the case of an election at which the 18 polls open at noon. 19 The bill amends Code section 53.30 to remove a reference to 20 a requirement that precinct election officials sign the secrecy 21 envelopes that are included with absentee ballots. That 22 requirement was repealed in 2008. 23 The bill amends Code section 53.47, relating to military 24 and overseas voters, to require that the state commissioner 25 of elections purchase any materials needed for any special 26 ballots, envelopes, and other printed materials, and sell such 27 materials to the several counties of the state. Current law 28 requires that the department of administrative services conduct 29 these functions at the direction of the state commissioner of 30 elections. The bill also directs general funds appropriated 31 for these purposes to the state commissioner of elections 32 instead of to the department of administrative services. 33 In order to comply with the provisions of the 2009 Military 34 and Overseas Voter Empowerment Act, the bill amends Code 35 -17- LSB 1134HV (3) 85 aw/sc 17/ 18

H.F. 246 section 69.14 to provide that for vacancies in the office 1 of representative in Congress the governor shall give not 2 less than 76 days’ notice, rather than 40 days’ notice, of 3 the special election to fill the vacancy. The bill makes 4 corresponding changes to Code section 43.24, relating to 5 deadlines for filing objections, and to Code section 43.88, 6 relating to the deadline for filing nomination petitions. The 7 bill makes corresponding changes to Code section 44.4, relating 8 to deadlines for nominations made by nonparty political 9 organizations to fill a vacancy for representatives in Congress 10 or the general assembly and objections to those nominations. 11 The bill also makes corresponding amendments to Code sections 12 53.39 and 53.40 to add special elections for representative in 13 Congress to provisions relating to availability of ballots for 14 qualified voters in the armed forces. These provisions of the 15 bill take effect upon enactment. 16 The bill requires that certain appointments for elective 17 county and city office be made within 60 days of a vacancy 18 occurring in the elective office. The bill requires that if 19 a vacancy in an elective city office is filled by appointment 20 of the remaining members of the city council, that such 21 appointment be for the period until the next general election 22 for a city, as described in the bill, or the next regular city 23 election, as defined in statute. If, however, there is an 24 intervening special election in that city, then the election 25 for the office shall be placed on the ballot at the special 26 election. 27 -18- LSB 1134HV (3) 85 aw/sc 18/ 18