H.F. 396 Section 1. Section 49.8, subsection 4, Code 2013, is amended 1 to read as follows: 2 4. If city population data certified by the United States 3 bureau of the census following the federal decennial census 4 is revised and the revision is certified by the United 5 States bureau of the census, such revisions may be used 6 to revise precinct and ward boundaries in accordance with 7 the requirements of sections 49.3 and 49.5 . The board of 8 supervisors shall determine whether such revised population 9 data affects the population equality of supervisor districts. 10 If necessary, the temporary county redistricting commission 11 shall be reconvened, notwithstanding section 331.210A, 12 subsection 4 , and supervisor districts shall be revised 13 in accordance with the requirements of section 331.210A, 14 subsection subsections 2 and 2A . 15 Sec. 2. Section 68B.32A, subsection 16, Code 2013, is 16 amended by striking the subsection. 17 Sec. 3. Section 331.209, subsection 4, Code 2013, is amended 18 by striking the subsection. 19 Sec. 4. Section 331.210A, subsection 2, paragraph e, Code 20 2013, is amended by striking the paragraph. 21 Sec. 5. Section 331.210A, subsection 2, paragraph f, 22 subparagraph (4), Code 2013, is amended to read as follows: 23 (4) The governing body, after approving a plan, shall comply 24 with the requirements of paragraph “e” subsection 2A . 25 Sec. 6. Section 331.210A, Code 2013, is amended by adding 26 the following new subsection: 27 NEW SUBSECTION . 2A. Review and approval of plans. 28 a. The plan adopted by the board of supervisors as provided 29 in subsection 2 shall be submitted to the state commissioner of 30 elections for review and approval. To facilitate this review, 31 each applicable temporary county redistricting commission 32 shall notify the state commissioner of elections when the 33 boundaries of supervisor districts will be changed or newly 34 divided pursuant to a change in the county representation plan, 35 -1- LSB 1146HV (3) 85 ec/sc 1/ 6

H.F. 396 shall provide documentation as to when the board of supervisors 1 approved the new supervisor district plan, shall provide a map 2 delineating the new boundary lines, and shall certify to the 3 state commissioner of elections the populations of the new 4 supervisor districts as determined under the latest federal 5 decennial census. 6 b. (1) The state commissioner shall reject a county 7 supervisor districting plan submitted to the state commissioner 8 if a valid petition alleging the plan was drawn for improper 9 political reasons as described in section 42.4, subsection 5, 10 and requesting that the legislative services agency prepare 11 the supervisor districting plan for the county is filed with 12 the state commissioner of elections, on a form prescribed by 13 the state commissioner, within thirty days after the plan is 14 approved by the board of supervisors. For purposes of this 15 subparagraph, a petition is a valid petition if signed by 16 eligible electors of the county equal in number to at least two 17 percent of the total votes cast in the county for the office of 18 governor at the last preceding general election for governor. 19 In addition, the petition shall include the signatures of the 20 eligible electors, a statement of their place of residence, 21 and the date on which they signed the petition. If a date of 22 signature on a petition is a date prior to the date the board 23 of supervisors approved the plan, the signature shall not be 24 counted. 25 (2) Upon determining that a valid petition has been filed 26 with the state commissioner, the state commissioner shall 27 notify the legislative council which shall, upon the request of 28 the state commissioner, direct the legislative services agency 29 to prepare a supervisor districting plan for the county. The 30 legislative services agency shall draw the plan, based to the 31 extent possible upon the precinct plan adopted and approved by 32 the state commissioner for use by the county, in accordance 33 with the standards of section 42.4, to the extent applicable, 34 and such other legal requirements applicable to county 35 -2- LSB 1146HV (3) 85 ec/sc 2/ 6

H.F. 396 supervisor districts. The legislative services agency shall 1 submit the plan to the board of supervisors for the county who 2 shall approve or reject the plan as expeditiously as possible, 3 but no later than thirty days after the plan is submitted. The 4 board of supervisors shall notify the state commissioner of the 5 action taken and, if the plan is rejected, provide the state 6 commissioner written reasons for the rejection of the plan. If 7 the plan is rejected, the state commissioner shall notify the 8 legislative council which shall, upon the request of the state 9 commissioner, direct the legislative services agency to prepare 10 a second supervisor districting plan for the county. The 11 legislative services agency shall draw the plan in accordance 12 with the standards for a supervisor districting plan as 13 described in this subparagraph and, insofar as it is possible 14 to do so within the requirements for a supervisor districting 15 plan, in accordance with the reasons cited by the board of 16 supervisors by resolution for the rejection of the first plan. 17 The legislative services agency shall submit the second plan to 18 the state commissioner who shall impose the plan on the county. 19 c. (1) If a valid petition as provided by paragraph “b” is 20 not filed with the state commissioner, the state commissioner 21 shall review the plan submitted and shall approve the plan 22 if the plan meets the standards of section 42.4, subsections 23 1 through 4, and such other legal requirements applicable to 24 county supervisor districts and precincts. 25 (2) If the state commissioner finds that the plan does 26 not meet the standards of section 42.4, subsections 1 through 27 4, and such other legal requirements applicable to county 28 supervisor districts or precincts, the state commissioner shall 29 reject the plan, and the board of supervisors shall direct the 30 commission to prepare and adopt an acceptable plan. If it is 31 necessary for the temporary county redistricting commission 32 to make subsequent attempts at adopting an acceptable plan 33 because the initial proposed district or precinct plan has been 34 rejected pursuant to this subparagraph, the subsequent plans 35 -3- LSB 1146HV (3) 85 ec/sc 3/ 6

H.F. 396 do not require public hearings. 1 d. Upon failure of a temporary county redistricting 2 commission to make the required changes in supervisor district 3 boundaries by the dates specified by sections 331.203, 4 331.204, and 331.209 as determined by the state commissioner 5 of elections, the state commissioner of elections shall make 6 or cause to be made the necessary changes as soon as possible, 7 and, except for a plan drawn pursuant to paragraph “b” , shall 8 assess to the county the expenses incurred in so doing. The 9 state commissioner of elections may request the services of 10 personnel and materials available to the legislative services 11 agency to assist the state commissioner in making required 12 changes in supervisor district boundaries which become the 13 state commissioner’s responsibility. 14 Sec. 7. Section 331.210A, subsection 4, Code 2013, is 15 amended to read as follows: 16 4. Termination. The terms of the members of the temporary 17 county redistricting commission shall expire twenty days 18 following the date the county’s supervisor district plan and 19 corresponding precinct plan, if applicable, are approved or 20 imposed by the state commissioner of elections under sections 21 section 49.7 and 331.209 this section . 22 Sec. 8. Section 331.248, subsection 2, paragraph h, Code 23 2013, is amended to read as follows: 24 h. Provide for a representation plan for the governing body 25 which representation plan may differ from the representation 26 plans provided in section 331.206 and in chapter 372 . If the 27 plan calls for representation by districts and the charter 28 has been approved in a county whose population is one hundred 29 eighty thousand or more, the plan shall be drawn pursuant to 30 section 331.210A, subsection 2 , paragraph “f” . The initial 31 representation plan for such a county shall be drawn as 32 provided in section 331.210A, subsection 2 , paragraph “f” , 33 within one hundred twenty days after the election at which the 34 charter is approved. For the initial representation plan, 35 -4- LSB 1146HV (3) 85 ec/sc 4/ 6

H.F. 396 the charter commission shall assume the role of the governing 1 body for purposes of this paragraph and , section 331.210A, 2 subsection 2 , paragraphs “d” through and “f” , and section 3 331.210A, subsection 2A . 4 EXPLANATION 5 This bill concerns county supervisor districting plans. 6 Under current law, following adoption by the county 7 supervisors of a county supervisor districting plan, an 8 eligible elector from the county may file, within 14 days of 9 adopting the plan, a complaint with the state commissioner of 10 elections (the secretary of state), alleging that the plan was 11 drawn for improper political reasons. Once filed, current law 12 provides that the complaint be forwarded to the ethics and 13 campaign disclosure board for a determination of whether the 14 plan was improperly drawn. 15 The bill eliminates the complaint process relative to the 16 ethics and campaign disclosure board and the authority for the 17 state commissioner to reject a plan for improper political 18 reasons. Instead, the bill provides that if following the 19 adoption of a county supervisor district plan a valid petition 20 alleging that the plan was drawn for improper political reasons 21 is filed with the state commissioner of elections, the state 22 commissioner shall reject the plan and request the legislative 23 council to direct the legislative services agency to draw a 24 plan. The bill provides that the petition shall be filed 25 within 30 days after the adoption of the plan and shall be 26 signed by eligible electors of the county equal in number to 27 at least 2 percent of the total votes cast for the office of 28 governor in the county at the last preceding general election 29 for governor. To be counted, a signature shall not be dated 30 prior to the date the board of supervisors approved the plan. 31 The bill provides that once the state commissioner 32 determines that a valid petition has been filed and has made a 33 request to the legislative council, the legislative services 34 agency shall draw a proposed county supervisor districting 35 -5- LSB 1146HV (3) 85 ec/sc 5/ 6

H.F. 396 plan and submit the plan to the county board of supervisors 1 who shall approve or reject the plan within thirty days. If 2 the plan is rejected, the bill provides that the county shall 3 provide reasons for the rejection to the state commissioner 4 of elections and the state commissioner shall request the 5 legislative council to direct the legislative services agency 6 to draw a new county supervisor districting plan in accordance 7 with the reasons submitted to the extent they are consistent 8 with the requirements for county supervisor districting plans. 9 The bill provides that the second plan shall be imposed on the 10 county by the state commissioner. 11 The bill makes additional changes to relocate provisions 12 relative to the consideration, review, approval, and 13 imposition of county supervisor districting plans by the state 14 commissioner of elections to Code section 331.210A. 15 -6- LSB 1146HV (3) 85 ec/sc 6/ 6