House Study Bill 21 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED SECRETARY OF STATE BILL) 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 1134DP (8) 85 aw/sc

S.F. _____ H.F. _____ Section 1. Section 39.3, subsection 7, Code 2013, 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 43.16, Code 2013, is amended to read as 9 follows: 10 43.16 Return of papers, additions not allowed. 11 1. After a nomination paper has been filed, it shall not 12 be returned to the person who has filed the paper, nor shall 13 any signature or other information be added to the nomination 14 paper. 15 2. a. A person who has filed nomination petitions with the 16 state commissioner may withdraw as a candidate not later than 17 5:00 p.m. on the seventy-sixth day before the primary election 18 by notifying the state commissioner in writing. 19 b. A person who has filed nomination papers with the 20 commissioner may withdraw as a candidate not later than 5:00 21 p.m. on the sixty-seventh day before the primary election by 22 notifying the commissioner in writing. 23 3. The name of a candidate who has withdrawn or died at a 24 time in accordance with this section shall be omitted from the 25 certificate furnished by the state commissioner under section 26 43.22 and omitted from the primary election ballot. 27 Sec. 3. Section 43.23, Code 2013, is amended to read as 28 follows: 29 43.23 Death or withdrawal of primary candidate. 30 1. If a person who has filed nomination papers with the 31 state commissioner as a candidate in a primary election dies 32 or withdraws up to before 5:00 p.m. on the seventy-sixth 33 day before the primary election, the appropriate convention 34 or central committee of that person’s political party may 35 -1- LSB 1134DP (8) 85 aw/sc 1/ 17

S.F. _____ H.F. _____ designate one additional primary election candidate for the 1 nomination that person was seeking, if the designation is 2 submitted to the state commissioner in writing by 5:00 p.m. on 3 the seventy-first day before the date of the primary election. 4 The name of any candidate so submitted shall be included in the 5 appropriate certificate or certificates furnished by the state 6 commissioner under section 43.22 . 7 2. If a person who has filed nomination papers with the 8 commissioner as a candidate in a primary election dies or 9 withdraws up to before 5:00 p.m. on the sixty-seventh day 10 before the primary election, the appropriate convention 11 or central committee of that person’s political party may 12 designate one additional primary election candidate for the 13 nomination that person was seeking, if the designation is 14 submitted to the commissioner in writing by 5:00 p.m. on the 15 sixty-third day before the primary election. The name of any 16 candidate so submitted shall be placed on the appropriate 17 ballot or ballots by the commissioner. 18 Sec. 4. Section 43.24, subsection 1, paragraph b, Code 2013, 19 is amended by adding the following new subparagraph: 20 NEW SUBPARAGRAPH . (03) Objections to nominations to fill 21 vacancies in the office of representative in Congress at a 22 special election held under section 69.14 shall be filed with 23 the state commissioner not less than sixty days prior to the 24 date set for the special election. 25 Sec. 5. Section 43.24, subsection 1, paragraph b, 26 subparagraph (3), Code 2013, is amended to read as follows: 27 (3) Objections to nominations to fill vacancies in the 28 general assembly at a special election held under section 29 69.14 , under which the forty-day notice of election provision 30 applies, shall be filed with the state commissioner not less 31 than fifteen days prior to the date set for the special 32 election. If the forty-day notice provision does not apply, 33 objections to nominations to fill vacancies in the general 34 assembly at a special election held under section 69.14 may be 35 -2- LSB 1134DP (8) 85 aw/sc 2/ 17

S.F. _____ H.F. _____ filed any time prior to the date set for the special election. 1 Sec. 6. Section 43.24, subsection 1, Code 2013, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . c. Objections filed pursuant to this section 4 shall be filed no later than 5:00 p.m. on the final date for 5 filing. 6 Sec. 7. Section 43.24, subsection 2, paragraph b, Code 2013, 7 is amended to read as follows: 8 b. If an objection is filed to a nomination to fill 9 a vacancy in the general assembly at a special election 10 held under section 69.14 , under which the forty-day notice 11 of election provision of section 69.14 does not apply, 12 notice of the objection shall be made to the candidate by 13 the state commissioner as soon as practicable. Under this 14 paragraph, failure to notify a candidate of an objection to the 15 candidate’s nomination prior to the date set for the special 16 election does not invalidate the hearing conducted under 17 subsection 3 . The hearing to an objection shall proceed as 18 quickly as possible to expedite the special election. 19 Sec. 8. Section 43.72, Code 2013, is amended to read as 20 follows: 21 43.72 State returns filed and preserved. 22 When the canvass is concluded, the board shall deliver 23 the original abstract returns to the state commissioner, who 24 shall file the returns in the state commissioner’s office and 25 preserve the abstracts of the canvass of the state board and 26 certificates attached thereto. The state commissioner may 27 preserve the abstracts and certificates attached thereto in an 28 electronic format. 29 Sec. 9. Section 43.88, Code 2013, is amended to read as 30 follows: 31 43.88 Certification of nominations. 32 1. Nominations made by state, district, and county 33 conventions, shall, under the name, place of residence, and 34 post office address of the nominee, and the office to which 35 -3- LSB 1134DP (8) 85 aw/sc 3/ 17

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

S.F. _____ H.F. _____ notice. Nominations made to fill vacancies in the office of 1 representatives in Congress at a special election shall be 2 certified to the state commissioner not less than sixty-two 3 days prior to the date set for the special election. 4 Nominations made for a special election called pursuant to 5 section 69.14A shall be filed by 5:00 p.m. not less than 6 twenty-five days before the date of the election. Nominations 7 made pursuant to this chapter and chapter 45 which are required 8 to be filed in the office of the commissioner shall be filed 9 in that office not more than ninety-two days nor later than 10 5:00 p.m. on the sixty-ninth day before the date of the general 11 election. Nominations made pursuant to this chapter or chapter 12 45 for city office shall be filed not more than seventy-two 13 days nor later than 5:00 p.m. on the forty-seventh day before 14 the city election with the city clerk, who shall process them 15 as provided by law. 16 Sec. 11. Section 44.4, subsection 2, paragraph a, Code 2013, 17 is amended by adding the following new subparagraphs: 18 NEW SUBPARAGRAPH . (03) Objections to nominations to fill 19 a vacancy in the office of representative in Congress at a 20 special election held under section 69.14 shall be filed with 21 the state commissioner not less than sixty days prior to the 22 date set for the special election. 23 NEW SUBPARAGRAPH . (003) Objections to nominations to 24 fill a vacancy in the general assembly at a special election 25 held under section 69.14, under which the forty-day notice 26 of election provision applies, shall be filed with the state 27 commissioner not less than fifteen days prior to the date set 28 for the special election. If the forty-day notice provision 29 does not apply, objections to nominations to fill vacancies at 30 a special election held under section 69.14 may be filed no 31 later than the day before the special election. 32 Sec. 12. Section 48A.30, subsection 1, paragraph a, Code 33 2013, is amended to read as follows: 34 a. The registered voter dies. For the purposes of this 35 -5- LSB 1134DP (8) 85 aw/sc 5/ 17

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

S.F. _____ H.F. _____ the Constitution [or public measure] be adopted?”.) 1 Shall the following amendment to the Constitution (or public 2 measure) be adopted? 3 (Here insert the summary, if it is for a constitutional 4 amendment or statewide public measure, and in full the proposed 5 constitutional amendment or public measure. The number 6 assigned by the state commissioner or the letter assigned 7 by the county commissioner shall be included on the ballot 8 centered above the question, “Shall the following amendment to 9 the Constitution [or public measure] be adopted?”.) 10 ☐ Yes 11 ☐ No 12 Sec. 15. Section 50.15A, Code 2013, is amended to read as 13 follows: 14 50.15A Unofficial results of voting —— general election only . 15 1. In order to provide the public with an early source 16 of election results before the official canvass of votes, 17 the state commissioner of elections, in cooperation with 18 the commissioners of elections, shall conduct an unofficial 19 canvass of election results following the closing of the 20 polls on the day of a primary election, general election , 21 or special election under section 69.14 . The unofficial 22 canvass shall report election results for national offices, 23 statewide offices, the office of state representative, the 24 office of state senator, and other offices or public measures 25 at the discretion of the state commissioner of elections. 26 The unofficial canvass shall also report the total number of 27 ballots cast at the primary election, general election , or 28 special election under section 69.14 . 29 2. a. After the polls close on election day for a primary 30 election, general election, or special election under section 31 69.14 , the commissioner of elections shall periodically provide 32 election results to the state commissioner of elections as 33 the precincts in the county report election results to the 34 commissioner pursuant to section 50.11 . If the commissioner 35 -7- LSB 1134DP (8) 85 aw/sc 7/ 17

S.F. _____ H.F. _____ has access to the vote tabulating software necessary to produce 1 the election results in an electronic format, the commissioner 2 shall provide the election results required by this section in 3 an electronic format. If the commissioner determines that all 4 precincts will not report election results before the office is 5 closed, the commissioner shall report the most complete results 6 available prior to leaving the office at the time the office is 7 closed as provided in section 50.11 . The commissioner shall 8 specify the number of precincts included in the report to the 9 state commissioner of elections. 10 b. The state commissioner of elections shall tabulate 11 unofficial election results as the results are received from 12 the commissioners of elections and shall periodically make the 13 reports of the results available to the public. 14 3. Before the day of the primary election, general election, 15 or special election under section 69.14, the state commissioner 16 of elections shall provide a form and instructions for 17 reporting unofficial election results pursuant to this section . 18 Sec. 16. Section 50.48, subsection 1, paragraph b, Code 19 2013, is amended to read as follows: 20 b. Immediately upon receipt of a request for a recount, 21 the commissioner shall send a copy of the request to the 22 apparent winner by certified mail. The commissioner shall 23 also attempt to contact the apparent winner by telephone. 24 If the apparent winner cannot be reached within four days, 25 the chairperson of the political party or organization which 26 nominated the apparent winner shall be contacted or, in the 27 case of an election for a nonpartisan office, the entity or 28 officer responsible for making an appointment to fill a vacancy 29 in the office shall be contacted and shall act on behalf of the 30 apparent winner, if necessary. For On behalf of candidates for 31 partisan state or federal offices, the chairperson of the state 32 party shall be contacted. For On behalf of candidates for 33 partisan county offices, the county chairperson of the party 34 shall be contacted. 35 -8- LSB 1134DP (8) 85 aw/sc 8/ 17

S.F. _____ H.F. _____ Sec. 17. Section 52.5, subsection 2, Code 2013, is amended 1 to read as follows: 2 2. The state commissioner shall formulate, with the advice 3 and assistance of the examiners, and adopt rules governing the 4 testing and examination of any optical scan voting system by 5 the board of examiners. The rules shall prescribe the method 6 to be used in determining whether the system is suitable for 7 use within the state and performance standards for voting 8 equipment in use within the state. The rules shall provide 9 that all optical scan voting systems approved for use by the 10 examiners after April 9, 2003, shall meet voting systems 11 performance and test standards, as adopted by the federal 12 election commission on April 30, 2002, and pursuant to the 13 provisions of or as deemed adopted by Pub. L. No. 107-252, 14 § 222. The rules shall include standards for determining when 15 recertification is necessary following modifications to the 16 equipment or to the programs used in tabulating votes, and a 17 procedure for rescinding certification if a system is found 18 not to comply with performance standards adopted by the state 19 commissioner. 20 Sec. 18. Section 53.18, subsection 2, Code 2013, is amended 21 to read as follows: 22 2. If the commissioner receives the return envelope 23 containing the completed absentee ballot by 5:00 p.m. on the 24 Saturday before the election for general and primary elections 25 and by 5:00 p.m. on the Friday before the election for all 26 other elections, the commissioner shall open the envelope to 27 review the affidavit for completeness. If the affidavit is 28 incomplete, the commissioner shall, within twenty-four hours of 29 the time the envelope was received, notify the voter of that 30 fact and that the voter may complete the affidavit in person 31 at the office of the commissioner by 5:00 p.m. on the day 32 before the election, or in the case of an election at which the 33 polls open at noon on election day, by 10:00 a.m. on the date 34 of the election, vote a replacement ballot in the manner and 35 -9- LSB 1134DP (8) 85 aw/sc 9/ 17

S.F. _____ H.F. _____ within the time period provided in subsection 3 , or appear at 1 the voter’s precinct polling place on election day and cast a 2 ballot in accordance with section 53.19, subsection 3 . 3 Sec. 19. Section 53.30, Code 2013, is amended to read as 4 follows: 5 53.30 Ballots, ballot envelopes, and other information 6 preserved. 7 At the conclusion of each meeting of the absentee and special 8 voter’s precinct board, the board shall securely seal all 9 ballots counted by them in the manner prescribed in section 10 50.12 . The ballot envelopes, including the envelope having the 11 registered voter’s affidavit on it, the return envelope, and 12 secrecy envelope bearing the signatures of precinct election 13 officials , as required by section 53.23 , shall be preserved. 14 All applications for absentee ballots, ballots rejected without 15 being opened, absentee ballot logs, and any other documents 16 pertaining to the absentee ballot process shall be preserved 17 until such time as the documents may be destroyed pursuant to 18 section 50.19 . 19 Sec. 20. Section 53.39, subsection 2, Code 2013, is amended 20 to read as follows: 21 2. All official ballots to be voted by qualified absent 22 voters in the armed forces of the United States at the primary 23 election , and the general election , and special elections for 24 representative in Congress shall be printed prior to forty-five 25 days before the respective elections and shall be available for 26 transmittal to such qualified voters in the armed forces of the 27 United States at least forty-five days before the respective 28 elections. The provisions of this chapter apply to absent 29 voting by qualified voters in the armed forces of the United 30 States except as modified by the provisions of this division . 31 Sec. 21. Section 53.40, subsection 2, Code 2013, is amended 32 to read as follows: 33 2. The commissioner shall immediately on after the ballots 34 are available and no later than the forty-fifth day prior to 35 -10- LSB 1134DP (8) 85 aw/sc 10/ 17

S.F. _____ H.F. _____ the particular primary election, general election, or special 1 election for representative in Congress transmit ballots to 2 the voter by mail or otherwise, postage prepaid, as directed 3 by the state commissioner, requests for which are in the 4 commissioner’s hands at that time, and thereafter so transmit 5 ballots immediately upon receipt of requests. A request for 6 ballot for the primary election which does not state the party 7 affiliation of the voter making the request is void and of no 8 effect. A request which does not show that the person for whom 9 a ballot is requested will be a qualified voter in the precinct 10 in which the ballot is to be cast on the day of the election for 11 which the ballot is requested, shall not be honored. However, 12 a request which states the age and the city, including street 13 address, and county where the voter resides is sufficient to 14 show that the person is a qualified voter. A request by the 15 voter containing substantially the information required is 16 sufficient. 17 Sec. 22. Section 53.47, Code 2013, is amended to read as 18 follows: 19 53.47 Materials furnished by department of administrative 20 services state commissioner . 21 1. In order to establish uniformity in size, weight 22 and other characteristics of the ballot and facilitate its 23 distribution and return, the department of administrative 24 services shall upon direction of the state commissioner 25 shall purchase any material needed for any special ballots, 26 envelopes , and other printed matter, and sell any such 27 materials to the several counties of the state at cost plus 28 handling and transportation costs. 29 2. There is hereby appropriated to the department of 30 administrative services state commissioner from the general 31 fund of the state such sums as may be necessary to purchase 32 any materials provided for herein. The proceeds from sale of 33 such materials to counties shall be turned into the general 34 fund of the state upon receipt of same by the department of 35 -11- LSB 1134DP (8) 85 aw/sc 11/ 17

S.F. _____ H.F. _____ administrative services state commissioner . 1 Sec. 23. Section 69.14, Code 2013, is amended to read as 2 follows: 3 69.14 Special election to fill vacancies. 4 A special election to fill a vacancy shall be held for a 5 representative in Congress, or senator or representative in the 6 general assembly, when the body in which such vacancy exists is 7 in session, or will convene prior to the next general election , 8 and the . The governor shall order, not later than five days 9 from the date the vacancy exists, a special election, giving 10 not less than seventy-six days’ notice of such election to 11 fill a vacancy in the office of representative in Congress or 12 forty days’ notice of such election to fill a vacancy in the 13 office of senator or representative in the general assembly . 14 In the event the special election is to fill a vacancy in the 15 general assembly while it is in session or within forty-five 16 days of the convening of any session, the time limit provided 17 in this section shall not apply and the governor shall order 18 such special election at the earliest practical time, giving 19 at least eighteen days’ notice of the special election. Any 20 special election called under this section must be held on 21 a Tuesday and shall not be held on the same day as a school 22 election within the district. 23 Sec. 24. Section 372.13, subsection 2, paragraph a, Code 24 2013, is amended to read as follows: 25 a. (1) By appointment by the remaining members of the 26 council, except that if the remaining members do not constitute 27 a quorum of the full membership, paragraph “b” shall be 28 followed. The appointment shall be made within forty days 29 after the vacancy occurs and shall be for the period until the 30 next pending election as defined in section 69.12 , and shall 31 be made within forty days after the vacancy occurs general 32 election for a city as described in section 39.3, subsection 7, 33 or the regular city election described in section 376.1, unless 34 there is an intervening special election in that city, in which 35 -12- LSB 1134DP (8) 85 aw/sc 12/ 17

S.F. _____ H.F. _____ event the election for the office shall be placed on the ballot 1 at such special election . 2 (2) If the council chooses to proceed under this paragraph, 3 it shall publish notice in the manner prescribed by section 4 362.3 , stating that the council intends to fill the vacancy 5 by appointment but that the electors of the city or ward, as 6 the case may be, have the right to file a petition requiring 7 that the vacancy be filled by a special election. The council 8 may publish notice in advance if an elected official submits 9 a resignation to take effect at a future date. The council 10 may make an appointment to fill the vacancy after the notice 11 is published or after the vacancy occurs, whichever is later. 12 However, if within fourteen days after publication of the 13 notice or within fourteen days after the appointment is made, 14 there is filed with the city clerk a petition which requests a 15 special election to fill the vacancy, an appointment to fill 16 the vacancy is temporary and the council shall call a special 17 election to fill the vacancy permanently, under paragraph “b” . 18 The number of signatures of eligible electors of a city for a 19 valid petition shall be determined as follows: 20 (1) (a) For a city with a population of ten thousand or 21 less, at least two hundred signatures or at least the number of 22 signatures equal to fifteen percent of the voters who voted for 23 candidates for the office at the preceding regular election at 24 which the office was on the ballot, whichever number is fewer. 25 (2) (b) For a city with a population of more than ten 26 thousand but not more than fifty thousand, at least one 27 thousand signatures or at least the number of signatures equal 28 to fifteen percent of the voters who voted for candidates for 29 the office at the preceding regular election at which the 30 office was on the ballot, whichever number is fewer. 31 (3) (c) For a city with a population of more than fifty 32 thousand, at least two thousand signatures or at least the 33 number of signatures equal to ten percent of the voters who 34 voted for candidates for the office at the preceding regular 35 -13- LSB 1134DP (8) 85 aw/sc 13/ 17

S.F. _____ H.F. _____ election at which the office was on the ballot, whichever 1 number is fewer. 2 (4) (d) The minimum number of signatures for a valid 3 petition pursuant to subparagraphs (1) subparagraph divisions 4 (a) through (3) (c) shall not be fewer than ten. In 5 determining the minimum number of signatures required, if at 6 the last preceding election more than one position was to be 7 filled for the office in which the vacancy exists, the number 8 of voters who voted for candidates for the office shall be 9 determined by dividing the total number of votes cast for the 10 office by the number of seats to be filled. 11 Sec. 25. EFFECTIVE UPON ENACTMENT. The following 12 provision or provisions of this Act, being deemed of immediate 13 importance, take effect upon enactment: 14 1. The section of this Act amending section 43.24, 15 subsection 1, paragraph “b”. 16 2. The section of this Act amending section 43.24, 17 subsection 2, paragraph “b”. 18 3. The section of this Act amending section 43.88. 19 4. The section of this Act amending section 44.4, subsection 20 1. 21 5. The section of this Act amending section 44.4, subsection 22 2, paragraph “a”. 23 6. The section of this Act amending section 53.39, 24 subsection 2. 25 7. The section of this Act amending section 53.40, 26 subsection 2. 27 8. The section of this Act amending section 69.14. 28 EXPLANATION 29 This bill relates to the technical administration of 30 election and voter registration laws generally. 31 The bill amends the definition of “general election” to 32 include certain regular city elections, where applicable. 33 The bill amends Code section 43.16, relating to withdrawal 34 of a primary election candidate, and Code section 43.23, 35 -14- LSB 1134DP (8) 85 aw/sc 14/ 17

S.F. _____ H.F. _____ relating to replacement of a primary election candidate who 1 has withdrawn or died, to add the clock time of 5:00 p.m. to 2 the current deadline dates. The bill also amends Code section 3 43.24, relating to filing objections to primary election 4 nominations, to add the clock time of 5:00 p.m. to the current 5 deadline dates. 6 The bill amends Code section 43.72 to specify that the state 7 commissioner of elections has the authority to electronically 8 preserve certain abstracts and certificates from primary 9 elections. 10 The bill amends Code section 48A.30 to provide that in 11 canceling the registration of a registered voter, a county 12 commissioner of elections may accept an obituary posted on a 13 funeral home internet site as evidence of death. 14 The bill amends Code section 48A.32 to allow a county 15 commissioner of elections, following receipt of a person’s 16 incomplete voter registration application, to destroy all 17 records and electronic records of that person’s registration 22 18 months after the next general election. The Code section is 19 also amended to specify that a county commissioner of elections 20 may destroy the electronic records of canceled registrations. 21 The bill amends Code section 49.45 to allow ballots for 22 constitutional amendments and other public measures to be 23 published in one of two forms. 24 The bill amends Code section 50.15A to require that a 25 county commissioner of elections provide unofficial election 26 results to the state commissioner of elections for, and that 27 the state commissioner provide certain materials to the county 28 commissioners in advance of, all primary elections and special 29 elections to fill vacancies in the general assembly or office 30 of representative in Congress. Current law already requires 31 that county commissioners provide such results and materials 32 for general elections. The bill also requires that for a 33 primary election, general election, or special election to fill 34 vacancies in the general assembly or office of representative 35 -15- LSB 1134DP (8) 85 aw/sc 15/ 17

S.F. _____ H.F. _____ in Congress, a county commissioner of elections provide the 1 state commissioner of elections with election results in an 2 electronic format if the county commissioner has access to the 3 vote tabulating software necessary to produce the results in an 4 electronic format. 5 The bill amends Code section 50.48 to require that in the 6 case of a recount of an election for a nonpartisan office, if 7 the apparent winner cannot be reached within four days after 8 receipt of a request for a recount, the county commissioner of 9 elections shall contact the entity or officer responsible for 10 making an appointment to a vacancy in the nonpartisan office. 11 The bill amends Code section 52.5, relating to the testing 12 and examination of voting equipment, to remove a reference to 13 specific performing and test standards adopted by the federal 14 election commission on April 30, 2002, but to maintain a 15 reference to the adoption of such standards pursuant to Pub. 16 L. No. 107-252, § 222. 17 The bill amends Code section 53.18 which requires that 18 a county commissioner of elections notify a voter that the 19 voter is allowed the opportunity to complete an affidavit, 20 if the affidavit that accompanies the absentee ballot is 21 incomplete, within 24 hours of the county commissioner 22 receiving the absentee ballot. The bill requires that the 23 county commissioner notify such a voter by 10:00 a.m. on the 24 date of the election in the case of an election at which the 25 polls open at noon. 26 The bill amends Code section 53.30 to remove a reference to 27 a requirement that precinct election officials sign the secrecy 28 envelopes that are included with absentee ballots. That 29 requirement was repealed in 2008. 30 The bill amends Code section 53.47, relating to military 31 and overseas voters, to require that the state commissioner 32 of elections purchase any materials needed for any special 33 ballots, envelopes, and other printed materials, and sell such 34 materials to the several counties of the state. Current law 35 -16- LSB 1134DP (8) 85 aw/sc 16/ 17

S.F. _____ H.F. _____ requires that the department of administrative services conduct 1 these functions at the direction of the state commissioner of 2 elections. The bill also directs general funds appropriated 3 for these purposes to the state commissioner of elections 4 instead of to the department of administrative services. 5 In order to comply with the provisions of the 2009 Military 6 and Overseas Voter Empowerment Act, the bill amends Code 7 section 69.14 to provide that for vacancies in the office 8 of representative in Congress the governor shall give not 9 less than 76 days’ notice, rather than 40 days’ notice, of 10 the special election to fill the vacancy. The bill makes 11 corresponding changes to Code section 43.24, relating to 12 deadlines for filing objections, and to Code section 43.88, 13 relating to the deadline for filing nomination petitions. The 14 bill makes corresponding changes to Code section 44.4, relating 15 to deadlines for nominations made by nonparty political 16 organizations to fill a vacancy for representatives in Congress 17 or the general assembly and objections to those nominations. 18 The bill also makes corresponding amendments to Code sections 19 53.39 and 53.40 to add special elections for representative in 20 Congress to provisions relating to availability of ballots for 21 qualified voters in the armed forces. These provisions of the 22 bill take effect upon enactment. 23 The bill requires that if a vacancy in an elective city 24 office is filled by appointment of the remaining members of the 25 city council, that such appointment be for the period until the 26 next general election for a city, as described in the bill, or 27 the next regular city election, as defined in statute. If, 28 however, there is an intervening special election in that city, 29 then the election for the office shall be placed on the ballot 30 at the special election. 31 -17- LSB 1134DP (8) 85 aw/sc 17/ 17