Senate Study Bill 1018 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED SECRETARY OF STATE BILL) 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 city office, and 7 authorizing certain cities to conduct city elections by 8 absentee ballot, and including effective date provisions. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 TLSB 1135DP (5) 85 aw/sc

S.F. _____ H.F. _____ 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 1135DP (5) 85 aw/sc 1/ 22

S.F. _____ H.F. _____ 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 1135DP (5) 85 aw/sc 2/ 22

S.F. _____ H.F. _____ 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 1135DP (5) 85 aw/sc 3/ 22

S.F. _____ H.F. _____ 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 48A.5, subsection 2, paragraph c, Code 2013, 4 is amended to read as follows: 5 c. Be at least eighteen years of age. Completed 6 registration forms shall be accepted from registrants who 7 are at least seventeen and one-half years of age ; however . 8 However , the registration shall not be effective until the 9 registrant reaches the age of eighteen. The commissioner of 10 registration shall ensure that the birth date shown on the 11 registration form is at least seventeen and one-half years 12 earlier than the date the registration is processed. A 13 registrant who is at least seventeen and one-half years of age 14 and who will be eighteen by the date of a pending election is 15 a registered voter for the pending election for purposes of 16 chapter 53 . 17 Sec. 8. Section 48A.14, subsection 1, paragraph b, Code 18 2013, is amended to read as follows: 19 b. The challenged registrant is less than seventeen and 20 one-half years of age. 21 Sec. 9. Section 48A.23, subsection 1, Code 2013, is amended 22 to read as follows: 23 1. At least twice during each school year, the board of 24 directors of each school district operating a high school and 25 the authorities in charge of each accredited nonpublic school 26 shall offer the opportunity to register to vote to each student 27 who is at least seventeen and one-half years of age. 28 Sec. 10. Section 48A.26, subsection 9, Code 2013, is amended 29 to read as follows: 30 9. When a person who is at least seventeen and one-half 31 years of age but less than eighteen years of age registers 32 to vote, the commissioner shall maintain a record of the 33 registration so as to clearly indicate that it will not take 34 effect until the registrant’s eighteenth birthday and that the 35 -4- LSB 1135DP (5) 85 aw/sc 4/ 22

S.F. _____ H.F. _____ person is registered and qualifies to vote at any election held 1 on or after that date. 2 Sec. 11. Section 48A.31, Code 2013, is amended to read as 3 follows: 4 48A.31 Deceased persons record. 5 The state registrar of vital statistics shall transmit 6 or cause to be transmitted to the state registrar of voters, 7 once each calendar quarter, a certified list of all persons 8 seventeen and one-half years of age and older in the state 9 whose deaths have been reported to the bureau of vital records 10 of the Iowa department of public health since the previous list 11 of decedents was certified to the state registrar of voters. 12 The list shall be submitted according to the specifications 13 of the state registrar of voters. The commissioner shall, in 14 the month following the end of a calendar quarter, run the 15 statewide voter registration system’s matching program to 16 determine whether a listed decedent was registered to vote in 17 the county and shall immediately cancel the registration of any 18 person named on the list of decedents. 19 Sec. 12. Section 49.11, subsection 3, paragraph b, 20 subparagraph (3), Code 2013, is amended to read as follows: 21 (3) A voting center designated under this subsection is 22 subject to the requirements of section 49.21 relating to 23 accessibility to persons who are elderly and persons with 24 disabilities and relating to the posting of signs. The 25 location of each voting center shall be published by the county 26 commissioner of elections in the same manner as the location of 27 polling places is required to be published. 28 Sec. 13. NEW SECTION . 49.123A Training sites —— 29 availability —— accessibility. 30 For a period of thirty days prior to each scheduled election, 31 and upon the application of the commissioner, the authority 32 which has control of any buildings or grounds supported by 33 taxation under the laws of this state shall make available 34 the necessary space therein for the purpose of conducting 35 -5- LSB 1135DP (5) 85 aw/sc 5/ 22

S.F. _____ H.F. _____ training courses relating to the election and offered by the 1 commissioner for precinct election officials and other election 2 personnel, without charge for the use of such buildings 3 or grounds. Training courses scheduled and conducted at 4 buildings or grounds selected by the commissioner pursuant to 5 this section shall not interfere with previously scheduled 6 events at such buildings or grounds. The commissioner shall 7 only schedule and conduct training courses at buildings or 8 grounds that are accessible to and functional for persons with 9 disabilities. 10 Sec. 14. Section 53.8, subsection 1, Code 2013, is amended 11 to read as follows: 12 1. Upon receipt of an application for an absentee ballot 13 meeting the requirements of section 53.2 and immediately after 14 the absentee ballots are printed but in no case sooner than 15 the fiftieth day before any election for an absentee ballot 16 to be mailed to a person described in section 53.37 , the 17 commissioner shall mail an absentee ballot to the applicant 18 within twenty-four hours, except as otherwise provided in 19 subsection 3 . The absentee ballot shall be enclosed in an 20 unsealed envelope bearing a serial number and affidavit. The 21 absentee ballot and unsealed envelope shall be enclosed in or 22 with a return envelope marked postage paid which bears the same 23 serial number as the unsealed envelope. The absentee ballot, 24 unsealed envelope, and return envelope shall be enclosed in 25 a third envelope to be sent to the registered voter. If the 26 ballot cannot be folded so that all of the votes cast on the 27 ballot will be hidden, the commissioner shall also enclose a 28 secrecy envelope with the absentee ballot. 29 Sec. 15. Section 53.10, subsection 1, Code 2013, is amended 30 to read as follows: 31 1. Not more than forty days before the date of the primary 32 election or the general election, the commissioner shall 33 provide facilities for absentee voting in person at the 34 commissioner’s office. This service shall also be provided for 35 -6- LSB 1135DP (5) 85 aw/sc 6/ 22

S.F. _____ H.F. _____ other elections as soon as the ballots are ready, but in no 1 case shall absentee ballots be available for absentee voting in 2 person more than forty days before an election. 3 Sec. 16. Section 53.11, subsection 1, paragraph a, Code 4 2013, is amended to read as follows: 5 a. Satellite absentee voting stations may be established 6 no sooner than the fortieth day before an election throughout 7 the cities and county at the direction of the commissioner 8 and shall be established upon the commissioner’s receipt 9 of a petition signed by not less than one hundred eligible 10 electors requesting that a satellite absentee voting station 11 be established at a location to be described on the petition 12 of the jurisdiction where the requested satellite absentee 13 voting station is located . However, if a special election 14 is scheduled in the county on a date that falls between 15 the date of the regular city election and the date of the 16 city runoff election, the commissioner is not required to 17 establish a satellite absentee voting station for the city 18 runoff election. The petition shall be on a form prescribed 19 by the state commissioner. The petition form shall include 20 a space to identify the location of the requested satellite 21 absentee voting station, the name, address, and telephone 22 contact information for the person circulating the petition, 23 and the name or number of the precinct in which the station is 24 requested to be located. The petition shall also include space 25 for the petitioner’s signature, residential address, including 26 house number and street, date on which the petition is signed 27 by the petitioner, and a statement that the petitioners are 28 residents of the jurisdiction conducting the election for 29 which the satellite absentee voting station is requested. 30 The commissioner shall reject signatures on petitions if 31 any information required pursuant to this paragraph is not 32 included on the petition. Each petitioner is limited to 33 signing one satellite absentee voting station petition for 34 each election. Duplicate signatures on the same or subsequent 35 -7- LSB 1135DP (5) 85 aw/sc 7/ 22

S.F. _____ H.F. _____ satellite absentee voting petitions for a particular election 1 shall not be counted. The commissioner shall post notice of 2 petitions received, including the location of the requested 3 satellite absentee voting station and the name or number of the 4 precinct in which the station is requested to be located, on 5 the county’s internet site, if any, and at the commissioner’s 6 office. 7 Sec. 17. Section 53.11, subsection 1, Code 2013, is amended 8 by adding the following new paragraph: 9 NEW PARAGRAPH . c. Objections to a petition requesting 10 establishment of a satellite absentee voting station may be 11 filed with the commissioner no later than the second day 12 following the petition filing deadline set forth in subsection 13 2. When objections are filed, notice shall immediately be 14 given to the person identified on the petition as the person 15 circulating the petition. The notice shall be sent to the 16 address provided on the petition by such person, and the 17 notice shall include the time and place of the hearing at 18 which the objections will be considered. The hearing shall 19 be held not later than one week after the objection is filed. 20 The objection process in section 44.7 shall be followed for 21 objections filed pursuant to this section. 22 Sec. 18. Section 260C.15, subsection 3, Code 2013, is 23 amended to read as follows: 24 3. Nomination papers on behalf of candidates for member of 25 the board of directors of a merged area shall be filed with 26 the secretary of the board county commissioner of elections 27 responsible under section 47.2 for conducting elections held 28 for the merged area not earlier than sixty-four days nor later 29 than 5:00 p.m. on the fortieth day prior to the election at 30 which members of the board are to be elected. On the day 31 following No later than the last day on which nomination 32 petitions can be filed, and no later than 5:00 p.m. on that 33 day, the secretary of the board shall deliver all nomination 34 petitions so filed, together with the text of any public 35 -8- LSB 1135DP (5) 85 aw/sc 8/ 22

S.F. _____ H.F. _____ measure being submitted by the board of directors to the 1 electorate, to the county commissioner of elections who is 2 responsible under section 47.2 for conducting elections held 3 for the merged area. That commissioner shall certify the names 4 of candidates, and the text and summary of any public measure 5 being submitted to the electorate, to all county commissioners 6 of elections in the merged area by the thirty-fifth day prior 7 to the election. 8 Sec. 19. Section 260C.15, subsection 4, paragraph b, Code 9 2013, is amended to read as follows: 10 b. The objection must be filed with the secretary of the 11 board county commissioner of elections responsible under 12 section 47.2 for conducting elections held for the merged area 13 at least thirty-five days before the day of the election at 14 which members of the board are elected. When objections are 15 filed, notice shall immediately be given to the candidate 16 affected, addressed to the candidate’s place of residence as 17 given on the candidate’s affidavit, stating that objections 18 have been made to the legal sufficiency of the petition or to 19 the eligibility of the candidate, and also stating the time and 20 place the objections will be considered. The board secretary 21 county commissioner shall also attempt to notify the candidate 22 by telephone if the candidate provided a telephone number on 23 the candidate’s affidavit. 24 Sec. 20. Section 260C.15, Code 2013, is amended by adding 25 the following new subsection: 26 NEW SUBSECTION . 4A. A candidate nominated under this 27 section may withdraw the candidate’s nomination by a written 28 request filed with the county commissioner of elections 29 responsible under section 47.2 for conducting elections held 30 for the merged area at least thirty-five days before the day of 31 the election at which members of the board are elected. 32 Sec. 21. Section 275.25, subsection 1, paragraph b, Code 33 2013, is amended to read as follows: 34 b. The election shall be conducted as provided in section 35 -9- LSB 1135DP (5) 85 aw/sc 9/ 22

S.F. _____ H.F. _____ 277.3 , and nomination petitions shall be filed pursuant to 1 section 277.4 , except as otherwise provided in this subsection . 2 Nomination petitions shall be filed with the secretary of the 3 board of county commissioner of elections responsible under 4 section 47.2 for conducting elections held for the existing 5 school district in which the candidate resides not less than 6 twenty-eight days before the date set for the special school 7 election. The secretary of the board commissioner , or the 8 secretary’s commissioner’s designee, shall be present in the 9 secretary’s commissioner’s office until 5:00 p.m. on the final 10 day to file the nomination papers. The nomination papers shall 11 be delivered to the commissioner no later than 5:00 p.m. on the 12 twenty-seventh day before the election. 13 Sec. 22. Section 277.4, subsections 1, 3, and 4, Code 2013, 14 are amended to read as follows: 15 1. Nomination papers for all candidates for election 16 to office in each school district shall be filed with the 17 secretary of the school board county commissioner of elections 18 responsible under section 47.2 for conducting elections held 19 for the school district not more than sixty-four days, nor less 20 than forty days before the election. Nomination petitions 21 shall be filed not later than 5:00 p.m. on the last day for 22 filing. If the school board secretary is not readily available 23 during normal office hours, the secretary may designate a 24 full-time employee of the school district who is ordinarily 25 available to accept nomination papers under this section . On 26 the final date for filing nomination papers the office of the 27 school secretary county commissioner shall remain open until 28 5:00 p.m. 29 3. The secretary of the school board county commissioner 30 shall accept the petition for filing if on its face it appears 31 to have the requisite number of signatures and if it is timely 32 filed. The secretary of the school board county commissioner 33 shall note upon each petition and affidavit accepted for filing 34 the date and time that the petition was filed. The secretary 35 -10- LSB 1135DP (5) 85 aw/sc 10/ 22

S.F. _____ H.F. _____ of the school board shall deliver all nomination petitions, 1 together with the complete text of any public measure being 2 submitted by the board to the electorate, to the county 3 commissioner of elections on the day following no later than 4 the last day on which nomination petitions can be filed, and 5 not later than 5:00 p.m. on that day. 6 4. Any person on whose behalf nomination petitions have been 7 filed under this section may withdraw as a candidate by filing 8 a signed statement to that effect with the secretary county 9 commissioner of elections responsible under section 47.2 for 10 conducting elections held for the school district at any time 11 prior to 5:00 p.m. on the thirty-fifth day before the election. 12 Sec. 23. Section 277.5, Code 2013, is amended to read as 13 follows: 14 277.5 Objections to nominations. 15 1. Objections to the legal sufficiency of a nomination 16 petition or to the eligibility of a candidate may be filed by 17 any person who would have the right to vote for a candidate for 18 the office in question. The objection must be filed with the 19 secretary of the school board county commissioner of elections 20 responsible under section 47.2 for conducting elections held 21 for the school district at least thirty-five days before 22 the day of the school election. When objections are filed 23 notice shall forthwith be given to the candidate affected, 24 addressed to the candidate’s place of residence as given on the 25 candidate’s affidavit, stating that objections have been made 26 to the legal sufficiency of the petition or to the eligibility 27 of the candidate, and also stating the time and place the 28 objections will be considered. 29 2. Objections shall be considered not later than two working 30 days following the receipt of the objections by the president 31 of the school board, the secretary of the school board, and 32 one additional member of the school board chosen by ballot. 33 If objections have been filed to the nominations of either of 34 those school officials, that official shall not pass on the 35 -11- LSB 1135DP (5) 85 aw/sc 11/ 22

S.F. _____ H.F. _____ objection. The official’s place shall be filled by a member 1 of the school board against whom no objection exists. The 2 replacement shall be chosen by ballot. 3 Sec. 24. Section 277.7, Code 2013, is amended to read as 4 follows: 5 277.7 Petitions for public measures. 6 1. A petition filed with the school board to request an 7 election on a public measure shall be examined before it is 8 accepted for filing. If the petition appears valid on its face 9 it shall be accepted for filing. If it lacks the required 10 number of signatures it shall be returned to the petitioners. 11 2. Petitions which have been accepted for filing are valid 12 unless written objections are filed. Objections must be filed 13 with the secretary of the school board within five working days 14 after the petition was filed. The objection process in section 15 277.5 , subsection 2, shall be followed for objections filed 16 pursuant to this section . 17 Sec. 25. Section 280.9A, subsection 3, Code 2013, is amended 18 to read as follows: 19 3. At least twice during each school year, the board of 20 directors of each local public school district operating a 21 high school and the authorities in charge of each accredited 22 nonpublic school operating a high school shall offer the 23 opportunity to register to vote to each student who is at least 24 seventeen and one-half years of age, as required by section 25 48A.23 . 26 Sec. 26. Section 372.13, subsection 2, paragraph a, Code 27 2013, is amended to read as follows: 28 a. (1) By appointment by the remaining members of the 29 council, except that if the remaining members do not constitute 30 a quorum of the full membership, paragraph “b” shall be 31 followed. The appointment shall be for the period until the 32 next pending election as defined in section 69.12 , and shall 33 be made within forty days after the vacancy occurs. If the 34 council fails to make an appointment within forty days as 35 -12- LSB 1135DP (5) 85 aw/sc 12/ 22

S.F. _____ H.F. _____ required by this subsection, the city clerk shall give notice 1 of the vacancy to the county commissioner and the county 2 commissioner shall call a special election to fill the vacancy 3 at the earliest practicable date but no fewer than thirty-two 4 days after the notice is received by the county commissioner. 5 (2) If the council chooses to proceed under this paragraph, 6 it shall publish notice in the manner prescribed by section 7 362.3 , stating that the council intends to fill the vacancy 8 by appointment but that the electors of the city or ward, as 9 the case may be, have the right to file a petition requiring 10 that the vacancy be filled by a special election. The council 11 may publish notice in advance if an elected official submits 12 a resignation to take effect at a future date. The council 13 may make an appointment to fill the vacancy after the notice 14 is published or after the vacancy occurs, whichever is later. 15 However, if within fourteen days after publication of the 16 notice or within fourteen days after the appointment is made, 17 there is filed with the city clerk a petition which requests a 18 special election to fill the vacancy, an appointment to fill 19 the vacancy is temporary and the council shall call a special 20 election to fill the vacancy permanently, under paragraph “b” . 21 The number of signatures of eligible electors of a city for a 22 valid petition shall be determined as follows: 23 (1) (a) For a city with a population of ten thousand or 24 less, at least two hundred signatures or at least the number of 25 signatures equal to fifteen percent of the voters who voted for 26 candidates for the office at the preceding regular election at 27 which the office was on the ballot, whichever number is fewer. 28 (2) (b) For a city with a population of more than ten 29 thousand but not more than fifty thousand, at least one 30 thousand signatures or at least the number of signatures equal 31 to fifteen percent of the voters who voted for candidates for 32 the office at the preceding regular election at which the 33 office was on the ballot, whichever number is fewer. 34 (3) (c) For a city with a population of more than fifty 35 -13- LSB 1135DP (5) 85 aw/sc 13/ 22

S.F. _____ H.F. _____ thousand, at least two thousand signatures or at least the 1 number of signatures equal to ten percent of the voters who 2 voted for candidates for the office at the preceding regular 3 election at which the office was on the ballot, whichever 4 number is fewer. 5 (4) (d) The minimum number of signatures for a valid 6 petition pursuant to subparagraphs (1) subparagraph divisions 7 (a) through (3) (c) shall not be fewer than ten. In 8 determining the minimum number of signatures required, if at 9 the last preceding election more than one position was to be 10 filled for the office in which the vacancy exists, the number 11 of voters who voted for candidates for the office shall be 12 determined by dividing the total number of votes cast for the 13 office by the number of seats to be filled. 14 Sec. 27. Section 376.1, Code 2013, is amended to read as 15 follows: 16 376.1 City election held —— absentee ballot elections 17 authorized . 18 1. A city shall hold a regular city election on the first 19 Tuesday after the first Monday in November of each odd-numbered 20 year. A city shall hold regular, special, primary, or runoff 21 city elections as provided by state law. 22 2. The mayor or council shall give notice of any special 23 election to the county commissioner of elections. The county 24 commissioner of elections shall publish notice of any city 25 election and conduct the election pursuant to the provisions of 26 chapters 39 to 53 , except as otherwise specifically provided 27 in chapters 362 to 392 . The results of any election shall be 28 canvassed by the county board of supervisors and certified 29 by the county commissioner of elections to the mayor and the 30 council of the city for which the election is held. 31 3. a. The council of a city with a population of two 32 hundred or less according to the most recent federal decennial 33 census may adopt an ordinance providing that elections be 34 conducted by absentee ballot. If the city council adopts 35 -14- LSB 1135DP (5) 85 aw/sc 14/ 22

S.F. _____ H.F. _____ such an ordinance, the clerk shall notify the commissioner 1 of elections of the adoption of the ordinance, and the 2 commissioner shall mail an absentee ballot application form 3 by forwardable mail to each registered voter within the city 4 who is on active status pursuant to section 48A.37 no fewer 5 than twenty-five days before each regular city election or 6 special election for the city. The commissioner shall also 7 enclose a postage paid return envelope and a notice in the form 8 prescribed by the state commissioner informing the voter that 9 voting in person on election day will also be available at the 10 commissioner’s office during the time the polls are open. The 11 commissioner may designate one additional site as an election 12 day polling place for a city that adopts an ordinance pursuant 13 to this subsection. The location of the additional polling 14 place shall be included in the notice to the voter. 15 b. The additional polling place designated under this 16 subsection is subject to the requirements of section 49.21 17 relating to accessibility to persons with disabilities 18 and relating to the posting of signs. The location of the 19 additional polling place shall be published by the county 20 commissioner of elections as required by section 49.53. 21 c. The provisions of chapter 53, insofar as applicable, 22 shall apply to absentee ballot elections authorized under this 23 subsection. 24 Sec. 28. Section 376.4, subsection 1, paragraph a, Code 25 2013, is amended to read as follows: 26 a. An eligible elector of a city may become a candidate 27 for an elective city office by filing with the city clerk 28 county commissioner of elections responsible under section 47.2 29 for conducting elections held for the city a valid petition 30 requesting that the elector’s name be placed on the ballot 31 for that office. The petition must be filed not more than 32 seventy-one days and not less than forty-seven days before the 33 date of the election, and must be signed by eligible electors 34 equal in number to at least two percent of those who voted to 35 -15- LSB 1135DP (5) 85 aw/sc 15/ 22

S.F. _____ H.F. _____ fill the same office at the last regular city election, but not 1 less than ten persons. However, for those cities which may be 2 required to hold a primary election, the petition must be filed 3 not more than eighty-five days and not less than sixty-eight 4 days before the date of the regular city election. Nomination 5 petitions shall be filed not later than 5:00 p.m. on the last 6 day for filing. 7 Sec. 29. Section 376.4, subsections 3, 4, and 5, Code 2013, 8 are amended to read as follows: 9 3. If the city clerk is not readily available during normal 10 office hours, the city clerk shall designate other employees or 11 officials of the city who are ordinarily available to accept 12 nomination papers under this section . On the final date for 13 filing nomination papers the office of the city clerk county 14 commissioner shall remain open until 5:00 p.m. 15 4. The city clerk county commissioner shall review each 16 petition and affidavit of candidacy for completeness following 17 the standards in section 45.5 and shall accept the petition 18 for filing if on its face it appears to have the requisite 19 number of signatures and if it is timely filed. The city 20 clerk county commissioner shall note upon each petition and 21 affidavit accepted for filing the date and time that they were 22 filed. The clerk county commissioner shall return any rejected 23 nomination papers to the person on whose behalf the nomination 24 papers were filed. 25 5. Nomination papers filed with the city clerk county 26 commissioner shall be available for public inspection. 27 5A. The city clerk shall deliver all nomination papers 28 together with the text of any public measure being submitted by 29 the city council to the electorate to the county commissioner 30 of elections on the day following no later than the last day 31 on which nomination petitions can be filed, and not later than 32 5:00 p.m. on that day. 33 Sec. 30. Section 376.11, subsections 3, 4, and 5, Code 2013, 34 are amended to read as follows: 35 -16- LSB 1135DP (5) 85 aw/sc 16/ 22

S.F. _____ H.F. _____ 3. In city primary elections any person who receives 1 write-in votes shall execute an affidavit in substantially the 2 form required by section 45.3 , and file it with the county 3 commissioner of elections or the city clerk not later than 5:00 4 p.m. on the day after the canvass of the primary election. 5 If any person who received write-in votes fails to file the 6 affidavit at the time required, the county commissioner shall 7 disregard the write-in votes cast for that person. A notation 8 shall be made on the abstract of votes showing which persons 9 who received write-in votes filed affidavits. The total number 10 of votes cast for each office on the ballot shall be amended by 11 subtracting the write-in votes of those candidates who failed 12 to file the affidavit. It is not necessary for a candidate 13 whose name was printed upon the ballot to file an affidavit. 14 Of the remaining candidates, those who receive the highest 15 number of votes to the extent of twice the number of unfilled 16 positions shall be placed on the ballot for the regular city 17 election as candidates for that office. 18 4. In cities in which the city council has chosen a runoff 19 election in lieu of a primary, if a person who was elected 20 by write-in votes chooses not to accept the office by filing 21 a resignation notice with the city clerk or commissioner of 22 elections not later than 5:00 p.m. on the day following the 23 canvass, all remaining persons who received write-in votes and 24 who wish to be considered candidates for the runoff election 25 shall execute an affidavit in substantially the form required 26 by section 45.3 and file it with the county commissioner or 27 the city clerk not later than 5:00 p.m. of the fourth day 28 following the canvass. If a person receiving write-in votes 29 fails to file the affidavit at the time required, the county 30 commissioner of elections shall disregard the write-in votes 31 cast for that person. The abstract of votes shall be amended 32 to show that the person who was declared elected declined the 33 office and a notation shall be made next to the names of those 34 persons who did not file the affidavit. A runoff election 35 -17- LSB 1135DP (5) 85 aw/sc 17/ 22