House File 520 - Introduced HOUSE FILE 520 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 22) A BILL FOR An Act relating to the policy administration of election 1 and voter registration laws by the secretary of state, 2 including the voter registration age, absentee voting, the 3 provision of training space for election personnel, the 4 candidate nomination filing requirements for merged area, 5 school district, and city elections and related filing 6 requirements, the filling of vacancies in certain city, 7 county, and school district offices, and authorizing certain 8 cities to conduct city elections by absentee ballot, and 9 including effective date provisions. 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 11 TLSB 1135HV (3) 85 aw/sc

H.F. 520 Section 1. Section 44.4, subsection 1, Code 2013, is amended 1 to read as follows: 2 1. Nominations made pursuant to this chapter and chapter 3 45 which are required to be filed in the office of the state 4 commissioner shall be filed in that office not more than 5 ninety-nine days nor later than 5:00 p.m. on the eighty-first 6 day before the date of the general election to be held in 7 November. Nominations made for a special election called 8 pursuant to section 69.14 shall be filed by 5:00 p.m. not less 9 than twenty-five days before the date of an election called 10 upon at least forty days’ notice and not less than fourteen 11 days before the date of an election called upon at least 12 eighteen days’ notice. Nominations made for a special election 13 called pursuant to section 69.14A shall be filed by 5:00 p.m. 14 not less than twenty-five days before the date of the election. 15 Nominations made pursuant to this chapter and chapter 45 which 16 are required to be filed in the office of the commissioner 17 shall be filed in that office not more than ninety-two days 18 nor later than 5:00 p.m. on the sixty-ninth day before the 19 date of the general election. Nominations made pursuant to 20 this chapter or chapter 45 for city office shall be filed not 21 more than seventy-two days nor later than 5:00 p.m. on the 22 forty-seventh day before the city election with the city clerk 23 county commissioner of elections responsible under section 47.2 24 for conducting elections held for the city , who shall process 25 them as provided by law. 26 Sec. 2. Section 44.4, subsection 2, paragraph a, 27 subparagraphs (2) and (3), Code 2013, are amended to read as 28 follows: 29 (2) Those filed with the commissioner, not less than 30 sixty-four days before the date of the election , except as 31 provided in subparagraph (3) . 32 (3) Those filed with the city clerk commissioner for an 33 elective city office , at least forty-two days before the 34 regularly scheduled or special city election. However, for 35 -1- LSB 1135HV (3) 85 aw/sc 1/ 21

H.F. 520 those cities that may be required to hold a primary election, 1 at least sixty-three days before the regularly scheduled or 2 special city election. 3 Sec. 3. Section 44.7, Code 2013, is amended to read as 4 follows: 5 44.7 Hearing before commissioner. 6 Objections Except as otherwise provided in section 44.8, 7 objections filed with the commissioner shall be considered by 8 the county auditor, county treasurer, and county attorney, 9 and a majority decision shall be final ; but . However, if the 10 objection is to the certificate of nomination of one or more 11 of the above named county officers, the officer or officers 12 objected to shall not pass upon the objection, but their places 13 shall be filled, respectively, by the chairperson of the board 14 of supervisors, the sheriff, and the county recorder. 15 Sec. 4. Section 44.8, Code 2013, is amended to read as 16 follows: 17 44.8 Hearing before mayor. 18 1. Objections filed with the city clerk pursuant to 19 section 362.4 or with the commissioner for an elective city 20 office shall be considered by the mayor and clerk and one 21 member of the council chosen by the council by ballot, and 22 a majority decision shall be final ; but . However, if the 23 objection is to the certificate of nomination of either of 24 those city officials, that official shall not pass upon said 25 the objection, but the official’s place shall be filled by a 26 member of the council against whom no such objection exists, 27 chosen as above provided. 28 2. The hearing shall be held within twenty-four hours of the 29 receipt of the objection if a primary election must be held for 30 the office sought by the candidate against whom the objection 31 has been filed. 32 Sec. 5. Section 44.9, subsections 2, 3, 5, and 6, Code 2013, 33 are amended to read as follows: 34 2. In the office of the proper commissioner, at least 35 -2- LSB 1135HV (3) 85 aw/sc 2/ 21

H.F. 520 sixty-four days before the date of the election , except as 1 otherwise provided in subsections 3, 5, and 6 . 2 3. In the office of the proper school board secretary 3 commissioner , at least thirty-five days before the day of a 4 regularly scheduled school election. 5 5. In the office of the proper commissioner or school board 6 secretary in case of a special election to fill vacancies in an 7 elective school board office , at least twenty-five days before 8 the day of election. 9 6. In the office of the proper city clerk commissioner , at 10 least forty-two days before the regularly scheduled or special 11 city election. However, for those cities that may be required 12 to hold a primary election, at least sixty-three days before a 13 regularly scheduled or special city election. 14 Sec. 6. Section 44.11, Code 2013, is amended to read as 15 follows: 16 44.11 Vacancies filled. 17 If a candidate named under this chapter withdraws before the 18 deadline established in section 44.9 , declines a nomination, 19 or dies before election day, or if a certificate of nomination 20 is held insufficient or inoperative by the officer with whom 21 it is required to be filed, or in case any objection made 22 to a certificate of nomination, or to the eligibility of any 23 candidate named in the certificate, is sustained by the board 24 appointed to determine such questions, the vacancy or vacancies 25 may be filled by the convention, or caucus, or in such manner 26 as such convention or caucus has previously provided. The 27 vacancy or vacancies shall be filled not less than seventy-four 28 days before the election in the case of nominations required to 29 be filed with the state commissioner, not less than sixty-four 30 days before the election in the case of nominations required 31 to be filed with the commissioner, not less than thirty-five 32 days before the election in the case of nominations required 33 to be filed in with the office of the school board secretary 34 commissioner for school board elections , and not less than 35 -3- LSB 1135HV (3) 85 aw/sc 3/ 21

H.F. 520 forty-two days before the election in the case of nominations 1 required to be filed with the city clerk commissioner for city 2 elections . 3 Sec. 7. Section 47.2, Code 2013, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 3A. The county commissioner shall post 6 notice of all elections filings received for county elections, 7 city elections, and school elections on the county’s internet 8 site, if any, and at the county commissioner’s office. 9 Sec. 8. Section 48A.5, subsection 2, paragraph c, Code 2013, 10 is amended to read as follows: 11 c. Be at least eighteen years of age. Completed 12 registration forms shall be accepted from registrants who 13 are at least seventeen and one-half years of age ; however . 14 However , the registration shall not be effective until the 15 registrant reaches the age of eighteen. The commissioner of 16 registration shall ensure that the birth date shown on the 17 registration form is at least seventeen and one-half years 18 earlier than the date the registration is processed. A 19 registrant who is at least seventeen and one-half years of age 20 and who will be eighteen by the date of a pending election is 21 a registered voter for the pending election for purposes of 22 chapter 53 . 23 Sec. 9. Section 48A.14, subsection 1, paragraph b, Code 24 2013, is amended to read as follows: 25 b. The challenged registrant is less than seventeen and 26 one-half years of age. 27 Sec. 10. Section 48A.23, subsection 1, Code 2013, is amended 28 to read as follows: 29 1. At least twice during each school year, the board of 30 directors of each school district operating a high school and 31 the authorities in charge of each accredited nonpublic school 32 shall offer the opportunity to register to vote to each student 33 who is at least seventeen and one-half years of age. 34 Sec. 11. Section 48A.26, subsection 9, Code 2013, is amended 35 -4- LSB 1135HV (3) 85 aw/sc 4/ 21

H.F. 520 to read as follows: 1 9. When a person who is at least seventeen and one-half 2 years of age but less than eighteen years of age registers 3 to vote, the commissioner shall maintain a record of the 4 registration so as to clearly indicate that it will not take 5 effect until the registrant’s eighteenth birthday and that the 6 person is registered and qualifies to vote at any election held 7 on or after that date. 8 Sec. 12. Section 48A.31, Code 2013, is amended to read as 9 follows: 10 48A.31 Deceased persons record. 11 The state registrar of vital statistics shall transmit 12 or cause to be transmitted to the state registrar of voters, 13 once each calendar quarter, a certified list of all persons 14 seventeen and one-half years of age and older in the state 15 whose deaths have been reported to the bureau of vital records 16 of the Iowa department of public health since the previous list 17 of decedents was certified to the state registrar of voters. 18 The list shall be submitted according to the specifications 19 of the state registrar of voters. The commissioner shall, in 20 the month following the end of a calendar quarter, run the 21 statewide voter registration system’s matching program to 22 determine whether a listed decedent was registered to vote in 23 the county and shall immediately cancel the registration of any 24 person named on the list of decedents. 25 Sec. 13. Section 49.11, subsection 3, paragraph b, 26 subparagraph (3), Code 2013, is amended to read as follows: 27 (3) A voting center designated under this subsection is 28 subject to the requirements of section 49.21 relating to 29 accessibility to persons who are elderly and persons with 30 disabilities and relating to the posting of signs. The 31 location of each voting center shall be published by the county 32 commissioner of elections in the same manner as the location of 33 polling places is required to be published. 34 Sec. 14. NEW SECTION . 49.123A Training sites —— 35 -5- LSB 1135HV (3) 85 aw/sc 5/ 21

H.F. 520 availability —— accessibility. 1 For a period of thirty days prior to each scheduled election, 2 and upon the application of the commissioner, the authority 3 which has control of any buildings or grounds supported by 4 taxation under the laws of this state shall make available 5 the necessary space therein for the purpose of conducting 6 training courses relating to the election and offered by the 7 commissioner for precinct election officials and other election 8 personnel, without charge for the use of such buildings 9 or grounds. Training courses scheduled and conducted at 10 buildings or grounds selected by the commissioner pursuant to 11 this section shall not interfere with previously scheduled 12 events at such buildings or grounds. The commissioner shall 13 only schedule and conduct training courses at buildings or 14 grounds that are accessible to and functional for persons with 15 disabilities. 16 Sec. 15. Section 53.8, subsection 1, Code 2013, is amended 17 to read as follows: 18 1. Upon receipt of an application for an absentee ballot 19 meeting the requirements of section 53.2 and immediately after 20 the absentee ballots are printed but in no case sooner than 21 the fiftieth day before any election for an absentee ballot 22 to be mailed to a person described in section 53.37 , the 23 commissioner shall mail an absentee ballot to the applicant 24 within twenty-four hours, except as otherwise provided in 25 subsection 3 . The absentee ballot shall be enclosed in an 26 unsealed envelope bearing a serial number and affidavit. The 27 absentee ballot and unsealed envelope shall be enclosed in or 28 with a return envelope marked postage paid which bears the same 29 serial number as the unsealed envelope. The absentee ballot, 30 unsealed envelope, and return envelope shall be enclosed in 31 a third envelope to be sent to the registered voter. If the 32 ballot cannot be folded so that all of the votes cast on the 33 ballot will be hidden, the commissioner shall also enclose a 34 secrecy envelope with the absentee ballot. 35 -6- LSB 1135HV (3) 85 aw/sc 6/ 21

H.F. 520 Sec. 16. Section 53.10, subsection 1, Code 2013, is amended 1 to read as follows: 2 1. Not more than forty days before the date of the primary 3 election or the general election, the commissioner shall 4 provide facilities for absentee voting in person at the 5 commissioner’s office. This service shall also be provided for 6 other elections as soon as the ballots are ready, but in no 7 case shall absentee ballots be available for absentee voting in 8 person more than forty days before an election. 9 Sec. 17. Section 69.14A, subsection 1, paragraph a, 10 subparagraph (1), Code 2013, is amended to read as follows: 11 (1) The appointment shall be for the period until the next 12 pending election as defined in section 69.12 , and shall be 13 made within forty sixty days after the vacancy occurs. If the 14 committee of county officers designated to fill the vacancy 15 chooses to proceed under this paragraph, the committee shall 16 publish notice in the manner prescribed by section 331.305 17 stating that the committee intends to fill the vacancy by 18 appointment but that the electors of the district or county, 19 as the case may be, have the right to file a petition requiring 20 that the vacancy be filled by special election. The committee 21 may publish notice in advance if an elected official submits 22 a resignation to take effect at a future date. The committee 23 may make an appointment to fill the vacancy after the notice is 24 published or after the vacancy occurs, whichever is later. A 25 person appointed to an office under this subsection shall have 26 actually resided in the county which the appointee represents 27 sixty days prior to appointment. If the committee of county 28 officers designated to fill the vacancy in section 69.8 fails 29 to make an appointment within sixty days as required by this 30 subparagraph (1), the county commissioner of elections shall 31 call a special election to fill the vacancy at the earliest 32 practicable date but not later than thirty-two days after the 33 sixtieth day following the day the vacancy occurred. 34 Sec. 18. Section 260C.15, subsection 3, Code 2013, is 35 -7- LSB 1135HV (3) 85 aw/sc 7/ 21

H.F. 520 amended to read as follows: 1 3. Nomination papers on behalf of candidates for member of 2 the board of directors of a merged area shall be filed with 3 the secretary of the board county commissioner of elections 4 responsible under section 47.2 for conducting elections held 5 for the merged area not earlier than sixty-four days nor later 6 than 5:00 p.m. on the fortieth day prior to the election at 7 which members of the board are to be elected. On the day 8 following No later than the last day on which nomination 9 petitions can be filed, and no later than 5:00 p.m. on that 10 day, the secretary of the board shall deliver all nomination 11 petitions so filed, together with the text of any public 12 measure being submitted by the board of directors to the 13 electorate, to the county commissioner of elections who is 14 responsible under section 47.2 for conducting elections held 15 for the merged area. That commissioner shall certify the names 16 of candidates, and the text and summary of any public measure 17 being submitted to the electorate, to all county commissioners 18 of elections in the merged area by the thirty-fifth day prior 19 to the election. 20 Sec. 19. Section 260C.15, subsection 4, paragraph b, Code 21 2013, is amended to read as follows: 22 b. The objection must be filed with the secretary of the 23 board county commissioner of elections responsible under 24 section 47.2 for conducting elections held for the merged area 25 at least thirty-five days before the day of the election at 26 which members of the board are elected. When objections are 27 filed, notice shall immediately be given to the candidate 28 affected, addressed to the candidate’s place of residence as 29 given on the candidate’s affidavit, stating that objections 30 have been made to the legal sufficiency of the petition or to 31 the eligibility of the candidate, and also stating the time and 32 place the objections will be considered. The board secretary 33 county commissioner shall also attempt to notify the candidate 34 by telephone if the candidate provided a telephone number on 35 -8- LSB 1135HV (3) 85 aw/sc 8/ 21

H.F. 520 the candidate’s affidavit. 1 Sec. 20. Section 260C.15, Code 2013, is amended by adding 2 the following new subsection: 3 NEW SUBSECTION . 4A. A candidate nominated under this 4 section may withdraw the candidate’s nomination by a written 5 request filed with the county commissioner of elections 6 responsible under section 47.2 for conducting elections held 7 for the merged area at least thirty-five days before the day of 8 the election at which members of the board are elected. 9 Sec. 21. Section 275.25, subsection 1, paragraph b, Code 10 2013, is amended to read as follows: 11 b. The election shall be conducted as provided in section 12 277.3 , and nomination petitions shall be filed pursuant to 13 section 277.4 , except as otherwise provided in this subsection . 14 Nomination petitions shall be filed with the secretary of the 15 board of county commissioner of elections responsible under 16 section 47.2 for conducting elections held for the existing 17 school district in which the candidate resides not less than 18 twenty-eight days before the date set for the special school 19 election. The secretary of the board commissioner , or the 20 secretary’s commissioner’s designee, shall be present in the 21 secretary’s commissioner’s office until 5:00 p.m. on the final 22 day to file the nomination papers. The nomination papers shall 23 be delivered to the commissioner no later than 5:00 p.m. on the 24 twenty-seventh day before the election. 25 Sec. 22. Section 277.4, subsections 1, 3, and 4, Code 2013, 26 are amended to read as follows: 27 1. Nomination papers for all candidates for election 28 to office in each school district shall be filed with the 29 secretary of the school board county commissioner of elections 30 responsible under section 47.2 for conducting elections held 31 for the school district not more than sixty-four days, nor less 32 than forty days before the election. Nomination petitions 33 shall be filed not later than 5:00 p.m. on the last day for 34 filing. If the school board secretary is not readily available 35 -9- LSB 1135HV (3) 85 aw/sc 9/ 21

H.F. 520 during normal office hours, the secretary may designate a 1 full-time employee of the school district who is ordinarily 2 available to accept nomination papers under this section . On 3 the final date for filing nomination papers the office of the 4 school secretary county commissioner shall remain open until 5 5:00 p.m. 6 3. The secretary of the school board county commissioner 7 shall accept the petition for filing if on its face it appears 8 to have the requisite number of signatures and if it is timely 9 filed. The secretary of the school board county commissioner 10 shall note upon each petition and affidavit accepted for filing 11 the date and time that the petition was filed. The secretary 12 of the school board shall deliver all nomination petitions, 13 together with the complete text of any public measure being 14 submitted by the board to the electorate, to the county 15 commissioner of elections on the day following no later than 16 the last day on which nomination petitions can be filed, and 17 not later than 5:00 p.m. on that day. 18 4. Any person on whose behalf nomination petitions have been 19 filed under this section may withdraw as a candidate by filing 20 a signed statement to that effect with the secretary county 21 commissioner of elections responsible under section 47.2 for 22 conducting elections held for the school district at any time 23 prior to 5:00 p.m. on the thirty-fifth day before the election. 24 Sec. 23. Section 277.5, Code 2013, is amended to read as 25 follows: 26 277.5 Objections to nominations. 27 1. Objections to the legal sufficiency of a nomination 28 petition or to the eligibility of a candidate may be filed by 29 any person who would have the right to vote for a candidate for 30 the office in question. The objection must be filed with the 31 secretary of the school board county commissioner of elections 32 responsible under section 47.2 for conducting elections held 33 for the school district at least thirty-five days before 34 the day of the school election. When objections are filed 35 -10- LSB 1135HV (3) 85 aw/sc 10/ 21

H.F. 520 notice shall forthwith be given to the candidate affected, 1 addressed to the candidate’s place of residence as given on the 2 candidate’s affidavit, stating that objections have been made 3 to the legal sufficiency of the petition or to the eligibility 4 of the candidate, and also stating the time and place the 5 objections will be considered. 6 2. Objections shall be considered not later than two working 7 days following the receipt of the objections by the president 8 of the school board, the secretary of the school board, and 9 one additional member of the school board chosen by ballot. 10 If objections have been filed to the nominations of either of 11 those school officials, that official shall not pass on the 12 objection. The official’s place shall be filled by a member 13 of the school board against whom no objection exists. The 14 replacement shall be chosen by ballot. 15 Sec. 24. Section 277.7, Code 2013, is amended to read as 16 follows: 17 277.7 Petitions for public measures. 18 1. A petition filed with the school board to request an 19 election on a public measure shall be examined before it is 20 accepted for filing. If the petition appears valid on its face 21 it shall be accepted for filing. If it lacks the required 22 number of signatures it shall be returned to the petitioners. 23 2. Petitions which have been accepted for filing are valid 24 unless written objections are filed. Objections must be filed 25 with the secretary of the school board within five working days 26 after the petition was filed. The objection process in section 27 277.5 , subsection 2, shall be followed for objections filed 28 pursuant to this section . 29 Sec. 25. Section 279.7, subsection 1, Code 2013, is amended 30 to read as follows: 31 1. If a vacancy or vacancies occur among the elective 32 officers or members of a school board and the remaining members 33 of the board have not filled the vacancy within thirty sixty 34 days after the vacancy becomes known by the secretary or 35 -11- LSB 1135HV (3) 85 aw/sc 11/ 21

H.F. 520 the board, or when the board is reduced below a quorum, the 1 secretary of the board, or if there is no secretary, the area 2 education agency administrator, shall call a special election 3 in the district, subdistrict, or subdistricts, as the case may 4 be, to fill the vacancy or vacancies. The county commissioner 5 of elections shall publish the notices required by law for 6 special elections, and the election shall be held not sooner 7 than thirty days nor later than forty days after the thirtieth 8 sixtieth day following the day the vacancy becomes known by the 9 secretary or the board. If the secretary fails for more than 10 three days to call an election, the administrator shall call 11 it. 12 Sec. 26. Section 280.9A, subsection 3, Code 2013, is amended 13 to read as follows: 14 3. At least twice during each school year, the board of 15 directors of each local public school district operating a 16 high school and the authorities in charge of each accredited 17 nonpublic school operating a high school shall offer the 18 opportunity to register to vote to each student who is at least 19 seventeen and one-half years of age, as required by section 20 48A.23 . 21 Sec. 27. Section 372.13, subsection 2, paragraph a, Code 22 2013, is amended to read as follows: 23 a. (1) By appointment by the remaining members of the 24 council, except that if the remaining members do not constitute 25 a quorum of the full membership, paragraph “b” shall be 26 followed. The appointment shall be for the period until the 27 next pending election as defined in section 69.12 , and shall 28 be made within forty sixty days after the vacancy occurs. If 29 the council fails to make an appointment within sixty days 30 as required by this subsection, the city clerk shall give 31 notice of the vacancy to the county commissioner and the county 32 commissioner shall call a special election to fill the vacancy 33 at the earliest practicable date but no fewer than thirty-two 34 days after the notice is received by the county commissioner. 35 -12- LSB 1135HV (3) 85 aw/sc 12/ 21

H.F. 520 (2) If the council chooses to proceed under this paragraph, 1 it shall publish notice in the manner prescribed by section 2 362.3 , stating that the council intends to fill the vacancy 3 by appointment but that the electors of the city or ward, as 4 the case may be, have the right to file a petition requiring 5 that the vacancy be filled by a special election. The council 6 may publish notice in advance if an elected official submits 7 a resignation to take effect at a future date. The council 8 may make an appointment to fill the vacancy after the notice 9 is published or after the vacancy occurs, whichever is later. 10 However, if within fourteen days after publication of the 11 notice or within fourteen days after the appointment is made, 12 there is filed with the city clerk a petition which requests a 13 special election to fill the vacancy, an appointment to fill 14 the vacancy is temporary and the council shall call a special 15 election to fill the vacancy permanently, under paragraph “b” . 16 The number of signatures of eligible electors of a city for a 17 valid petition shall be determined as follows: 18 (1) (a) For a city with a population of ten thousand or 19 less, at least two hundred signatures or at least the number of 20 signatures equal to fifteen percent of the voters who voted for 21 candidates for the office at the preceding regular election at 22 which the office was on the ballot, whichever number is fewer. 23 (2) (b) For a city with a population of more than ten 24 thousand but not more than fifty thousand, at least one 25 thousand signatures or at least the number of signatures equal 26 to fifteen percent of the voters who voted for candidates for 27 the office at the preceding regular election at which the 28 office was on the ballot, whichever number is fewer. 29 (3) (c) For a city with a population of more than fifty 30 thousand, at least two thousand signatures or at least the 31 number of signatures equal to ten percent of the voters who 32 voted for candidates for the office at the preceding regular 33 election at which the office was on the ballot, whichever 34 number is fewer. 35 -13- LSB 1135HV (3) 85 aw/sc 13/ 21

H.F. 520 (4) (d) The minimum number of signatures for a valid 1 petition pursuant to subparagraphs (1) subparagraph divisions 2 (a) through (3) (c) shall not be fewer than ten. In 3 determining the minimum number of signatures required, if at 4 the last preceding election more than one position was to be 5 filled for the office in which the vacancy exists, the number 6 of voters who voted for candidates for the office shall be 7 determined by dividing the total number of votes cast for the 8 office by the number of seats to be filled. 9 Sec. 28. Section 376.1, Code 2013, is amended to read as 10 follows: 11 376.1 City election held —— absentee ballot elections 12 authorized . 13 1. A city shall hold a regular city election on the first 14 Tuesday after the first Monday in November of each odd-numbered 15 year. A city shall hold regular, special, primary, or runoff 16 city elections as provided by state law. 17 2. The mayor or council shall give notice of any special 18 election to the county commissioner of elections. The county 19 commissioner of elections shall publish notice of any city 20 election and conduct the election pursuant to the provisions of 21 chapters 39 to 53 , except as otherwise specifically provided 22 in chapters 362 to 392 . The results of any election shall be 23 canvassed by the county board of supervisors and certified 24 by the county commissioner of elections to the mayor and the 25 council of the city for which the election is held. 26 3. a. The council of a city with a population of two 27 hundred or less according to the most recent federal decennial 28 census may adopt an ordinance providing that elections be 29 conducted by absentee ballot. If the city council adopts 30 such an ordinance, the clerk shall notify the commissioner 31 of elections of the adoption of the ordinance, and the 32 commissioner shall mail an absentee ballot application form 33 by forwardable mail to each registered voter within the city 34 who is on active status pursuant to section 48A.37 no fewer 35 -14- LSB 1135HV (3) 85 aw/sc 14/ 21

H.F. 520 than twenty-five days before each regular city election or 1 special election for the city. The commissioner shall also 2 enclose a postage paid return envelope and a notice in the form 3 prescribed by the state commissioner informing the voter that 4 voting in person on election day will also be available at the 5 commissioner’s office during the time the polls are open. The 6 commissioner may designate one additional site as an election 7 day polling place for a city that adopts an ordinance pursuant 8 to this subsection. The location of the additional polling 9 place shall be included in the notice to the voter. 10 b. The additional polling place designated under this 11 subsection is subject to the requirements of section 49.21 12 relating to accessibility to persons with disabilities 13 and relating to the posting of signs. The location of the 14 additional polling place shall be published by the county 15 commissioner of elections as required by section 49.53. 16 c. The provisions of chapter 53, insofar as applicable, 17 shall apply to absentee ballot elections authorized under this 18 subsection. 19 Sec. 29. Section 376.4, subsection 1, paragraph a, Code 20 2013, 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 -15- LSB 1135HV (3) 85 aw/sc 15/ 21

H.F. 520 petitions shall be filed not later than 5:00 p.m. on the last 1 day for filing. 2 Sec. 30. Section 376.4, subsections 3, 4, and 5, Code 2013, 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 5A. 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. 31. Section 376.11, subsections 3, 4, and 5, Code 2013, 29 are amended to read as follows: 30 3. In city primary elections any person who receives 31 write-in votes shall execute an affidavit in substantially the 32 form required by section 45.3 , and file it with the county 33 commissioner of elections or the city clerk not later than 5:00 34 p.m. on the day after the canvass of the primary election. 35 -16- LSB 1135HV (3) 85 aw/sc 16/ 21

H.F. 520 If any person who received write-in votes fails to file the 1 affidavit at the time required, the county commissioner shall 2 disregard the write-in votes cast for that person. A notation 3 shall be made on the abstract of votes showing which persons 4 who received write-in votes filed affidavits. The total number 5 of votes cast for each office on the ballot shall be amended by 6 subtracting the write-in votes of those candidates who failed 7 to file the affidavit. It is not necessary for a candidate 8 whose name was printed upon the ballot to file an affidavit. 9 Of the remaining candidates, those who receive the highest 10 number of votes to the extent of twice the number of unfilled 11 positions shall be placed on the ballot for the regular city 12 election as candidates for that office. 13 4. In cities in which the city council has chosen a runoff 14 election in lieu of a primary, if a person who was elected 15 by write-in votes chooses not to accept the office by filing 16 a resignation notice with the city clerk or commissioner of 17 elections not later than 5:00 p.m. on the day following the 18 canvass, all remaining persons who received write-in votes and 19 who wish to be considered candidates for the runoff election 20 shall execute an affidavit in substantially the form required 21 by section 45.3 and file it with the county commissioner or 22 the city clerk not later than 5:00 p.m. of the fourth day 23 following the canvass. If a person receiving write-in votes 24 fails to file the affidavit at the time required, the county 25 commissioner of elections shall disregard the write-in votes 26 cast for that person. The abstract of votes shall be amended 27 to show that the person who was declared elected declined the 28 office and a notation shall be made next to the names of those 29 persons who did not file the affidavit. A runoff election 30 shall be held with the remaining candidates who have the 31 highest number of votes to the extent of twice the number of 32 unfilled positions. 33 5. In a city in which the council has chosen a runoff 34 election, if no person was declared elected for an office, all 35 -17- LSB 1135HV (3) 85 aw/sc 17/ 21