SSB 1018 (LSB 1135DP (5) 85)

SENATE/HOUSE FILE _____

BY  (PROPOSED SECRETARY OF STATE BILL)

A BILL FOR

An Act relating to the policy administration of election and voter registration laws by the secretary of state, including the voter registration age, absentee voting, the provision of training space for election personnel, the candidate nomination filing requirements for merged area, school district, and city elections and related filing requirements, the filling of vacancies in city office, and authorizing certain cities to conduct city elections by absentee ballot, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 44.4, subsection 1, Code 2013, is amended to read as follows:
   1.  Nominations made pursuant to this chapter and chapter 45 which are required to be filed in the office of the state commissioner shall be filed in that office not more than ninety-nine days nor later than 5:00 p.m. on the eighty-first day before the date of the general election to be held in November. Nominations made for a special election called pursuant to section 69.14 shall be filed by 5:00 p.m. not less than twenty-five days before the date of an election called upon at least forty days’ notice and not less than fourteen days before the date of an election called upon at least eighteen days’ notice. Nominations made for a special election called pursuant to section 69.14A shall be filed by 5:00 p.m. not less than twenty-five days before the date of the election. Nominations made pursuant to this chapter and chapter 45 which are required to be filed in the office of the commissioner shall be filed in that office not more than ninety-two days nor later than 5:00 p.m. on the sixty-ninth day before the date of the general election. Nominations made pursuant to this chapter or chapter 45 for city office shall be filed not more than seventy-two days nor later than 5:00 p.m. on the forty-seventh day before the city election with the city clerk
 
county commissioner of elections responsible under section 47.2 for conducting elections held for the city, who shall process them as provided by law.
    Sec. 2.  Section 44.4, subsection 2, paragraph a, subparagraphs (2) and (3), Code 2013, are amended to read as follows:
   (2)  Those filed with the commissioner, not less than sixty-four days before the date of the election, except as provided in subparagraph (3).
   (3)  Those filed with the city clerk
 
commissioner for an elective city office, at least forty-two days before the regularly scheduled or special city election. However, for those cities that may be required to hold a primary election, at least sixty-three days before the regularly scheduled or special city election.
    Sec. 3.  Section 44.7, Code 2013, is amended to read as follows:
   44.7  Hearing before commissioner.
   Objections
 
Except as otherwise provided in section 44.8, objections filed with the commissioner shall be considered by the county auditor, county treasurer, and county attorney, and a majority decision shall be final; but. However, if the objection is to the certificate of nomination of one or more of the above named county officers, the officer or officers objected to shall not pass upon the objection, but their places shall be filled, respectively, by the chairperson of the board of supervisors, the sheriff, and the county recorder.
    Sec. 4.  Section 44.8, Code 2013, is amended to read as follows:
   44.8  Hearing before mayor.
   1.  Objections filed with the city clerk
 
pursuant to section 362.4 or with the commissioner for an elective city office shall be considered by the mayor and clerk and one member of the council chosen by the council by ballot, and a majority decision shall be final; but. However, if the objection is to the certificate of nomination of either of those city officials, that official shall not pass upon said
 
the objection, but the official’s place shall be filled by a member of the council against whom no such objection exists, chosen as above provided.
   2.  The hearing shall be held within twenty-four hours of the receipt of the objection if a primary election must be held for the office sought by the candidate against whom the objection has been filed.
    Sec. 5.  Section 44.9, subsections 2, 3, 5, and 6, Code 2013, are amended to read as follows:
   2.  In the office of the proper commissioner, at least sixty-four days before the date of the election, except as otherwise provided in subsections 3, 5, and 6.
   3.  In the office of the proper school board secretary
 
commissioner, at least thirty-five days before the day of a regularly scheduled school election.
   5.  In the office of the proper commissioner or school board secretary in case of a special election to fill vacancies
 
in an elective school board office, at least twenty-five days before the day of election.
   6.  In the office of the proper city clerk
 
commissioner, at least forty-two days before the regularly scheduled or special city election. However, for those cities that may be required to hold a primary election, at least sixty-three days before a regularly scheduled or special city election.
    Sec. 6.  Section 44.11, Code 2013, is amended to read as follows:
   44.11  Vacancies filled.
   If a candidate named under this chapter withdraws before the deadline established in section 44.9, declines a nomination, or dies before election day, or if a certificate of nomination is held insufficient or inoperative by the officer with whom it is required to be filed, or in case any objection made to a certificate of nomination, or to the eligibility of any candidate named in the certificate, is sustained by the board appointed to determine such questions, the vacancy or vacancies may be filled by the convention, or caucus, or in such manner as such convention or caucus has previously provided. The vacancy or vacancies shall be filled not less than seventy-four days before the election in the case of nominations required to be filed with the state commissioner, not less than sixty-four days before the election in the case of nominations required to be filed with the commissioner, not less than thirty-five days before the election in the case of nominations required to be filed in
 
with the office of the school board secretary
 
commissioner for school board elections, and not less than forty-two days before the election in the case of nominations required to be filed with the city clerk
 
commissioner for city elections.
    Sec. 7.  Section 48A.5, subsection 2, paragraph c, Code 2013, is amended to read as follows:
   c.  Be at least eighteen years of age. Completed registration forms shall be accepted from registrants who are at least seventeen and one-half years of age; however. However, the registration shall not be effective until the registrant reaches the age of eighteen. The commissioner of registration shall ensure that the birth date shown on the registration form is at least seventeen and one-half years earlier than the date the registration is processed. A registrant who is at least seventeen and one-half years of age and who will be eighteen by the date of a pending election is a registered voter for the pending election for purposes of chapter 53.
    Sec. 8.  Section 48A.14, subsection 1, paragraph b, Code 2013, is amended to read as follows:
   b.  The challenged registrant is less than seventeen and one-half years of age.
    Sec. 9.  Section 48A.23, subsection 1, Code 2013, is amended to read as follows:
   1.  At least twice during each school year, the board of directors of each school district operating a high school and the authorities in charge of each accredited nonpublic school shall offer the opportunity to register to vote to each student who is at least seventeen and one-half years of age.
    Sec. 10.  Section 48A.26, subsection 9, Code 2013, is amended to read as follows:
   9.  When a person who is at least seventeen and one-half years of age but less than eighteen years of age registers to vote, the commissioner shall maintain a record of the registration so as to clearly indicate that it will not take effect until the registrant’s eighteenth birthday and that the person is registered and qualifies to vote at any election held on or after that date.
    Sec. 11.  Section 48A.31, Code 2013, is amended to read as follows:
   48A.31  Deceased persons record.
   The state registrar of vital statistics shall transmit or cause to be transmitted to the state registrar of voters, once each calendar quarter, a certified list of all persons seventeen and one-half years of age and older in the state whose deaths have been reported to the bureau of vital records of the Iowa department of public health since the previous list of decedents was certified to the state registrar of voters. The list shall be submitted according to the specifications of the state registrar of voters. The commissioner shall, in the month following the end of a calendar quarter, run the statewide voter registration system’s matching program to determine whether a listed decedent was registered to vote in the county and shall immediately cancel the registration of any person named on the list of decedents.
    Sec. 12.  Section 49.11, subsection 3, paragraph b, subparagraph (3), Code 2013, is amended to read as follows:
   (3)  A voting center designated under this subsection is subject to the requirements of section 49.21 relating to accessibility to persons who are elderly and persons with disabilities and relating to the posting of signs. The location of each voting center shall be published by the county commissioner of elections in the same manner as the location of polling places is required to be published.
    Sec. 13.  NEW SECTION.  49.123A  Training sites —— availability —— accessibility.
   For a period of thirty days prior to each scheduled election, and upon the application of the commissioner, the authority which has control of any buildings or grounds supported by taxation under the laws of this state shall make available the necessary space therein for the purpose of conducting training courses relating to the election and offered by the commissioner for precinct election officials and other election personnel, without charge for the use of such buildings or grounds. Training courses scheduled and conducted at buildings or grounds selected by the commissioner pursuant to this section shall not interfere with previously scheduled events at such buildings or grounds. The commissioner shall only schedule and conduct training courses at buildings or grounds that are accessible to and functional for persons with disabilities.
    Sec. 14.  Section 53.8, subsection 1, Code 2013, is amended to read as follows:
   1.  Upon receipt of an application for an absentee ballot
 
meeting the requirements of section 53.2 and immediately after the absentee ballots are printed
 
but in no case sooner than the fiftieth day before any election for an absentee ballot to be mailed to a person described in section 53.37, the commissioner shall mail an absentee ballot to the applicant within twenty-four hours, except as otherwise provided in subsection 3. The absentee ballot shall be enclosed in an unsealed envelope bearing a serial number and affidavit. The absentee ballot and unsealed envelope shall be enclosed in or with a return envelope marked postage paid which bears the same serial number as the unsealed envelope. The absentee ballot, unsealed envelope, and return envelope shall be enclosed in a third envelope to be sent to the registered voter. If the ballot cannot be folded so that all of the votes cast on the ballot will be hidden, the commissioner shall also enclose a secrecy envelope with the absentee ballot.
    Sec. 15.  Section 53.10, subsection 1, Code 2013, is amended to read as follows:
   1.  Not more than forty days before the date of the primary election or the general election, the commissioner shall provide facilities for absentee voting in person at the commissioner’s office. This service shall also be provided for other elections as soon as the ballots are ready, but in no case shall absentee ballots be available
 
for absentee voting in person more than forty days before an election.
    Sec. 16.  Section 53.11, subsection 1, paragraph a, Code 2013, is amended to read as follows:
   a.  Satellite absentee voting stations may be established
 
no sooner than the fortieth day before an election throughout the cities and county at the direction of the commissioner and shall be established upon
 
the commissioner’s receipt of a petition signed by not less than one hundred eligible electors requesting that a satellite absentee voting station be established at a location to be described on the petition
 
of the jurisdiction where the requested satellite absentee voting station is located. However, if a special election is scheduled in the county on a date that falls between the date of the regular city election and the date of the city runoff election, the commissioner is not required to establish a satellite absentee voting station for the city runoff election.

The petition shall be on a form prescribed by the state commissioner. The petition form shall include a space to identify the location of the requested satellite absentee voting station, the name, address, and telephone contact information for the person circulating the petition, and the name or number of the precinct in which the station is requested to be located. The petition shall also include space for the petitioner’s signature, residential address, including house number and street, date on which the petition is signed by the petitioner, and a statement that the petitioners are residents of the jurisdiction conducting the election for which the satellite absentee voting station is requested. The commissioner shall reject signatures on petitions if any information required pursuant to this paragraph is not included on the petition. Each petitioner is limited to signing one satellite absentee voting station petition for each election. Duplicate signatures on the same or subsequent satellite absentee voting petitions for a particular election shall not be counted. The commissioner shall post notice of petitions received, including the location of the requested satellite absentee voting station and the name or number of the precinct in which the station is requested to be located, on the county’s internet site, if any, and at the commissioner’s office.
    Sec. 17.  Section 53.11, subsection 1, Code 2013, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  Objections to a petition requesting establishment of a satellite absentee voting station may be filed with the commissioner no later than the second day following the petition filing deadline set forth in subsection 2. When objections are filed, notice shall immediately be given to the person identified on the petition as the person circulating the petition. The notice shall be sent to the address provided on the petition by such person, and the notice shall include the time and place of the hearing at which the objections will be considered. The hearing shall be held not later than one week after the objection is filed. The objection process in section 44.7 shall be followed for objections filed pursuant to this section.
    Sec. 18.  Section 260C.15, subsection 3, Code 2013, is amended to read as follows:
   3.  Nomination papers on behalf of candidates for member of the board of directors of a merged area shall be filed with the secretary of the board
 
county commissioner of elections responsible under section 47.2 for conducting elections held for the merged area not earlier than sixty-four days nor later than 5:00 p.m. on the fortieth day prior to the election at which members of the board are to be elected. On the day following
 
No later than the last day on which nomination petitions can be filed, and no later than 5:00 p.m. on that day, the secretary
 
of the board shall deliver all nomination petitions so filed, together with the text of any public measure being submitted by the board of directors to the electorate, to the county commissioner of elections who is responsible under section 47.2 for conducting elections held for the merged area. That commissioner shall certify the names of candidates, and the text and summary of any public measure being submitted to the electorate, to all county commissioners of elections in the merged area by the thirty-fifth day prior to the election.
    Sec. 19.  Section 260C.15, subsection 4, paragraph b, Code 2013, is amended to read as follows:
   b.  The objection must be filed with the secretary of the board
 
county commissioner of elections responsible under section 47.2 for conducting elections held for the merged area at least thirty-five days before the day of the election at which members of the board are elected. When objections are filed, notice shall immediately be given to the candidate affected, addressed to the candidate’s place of residence as given on the candidate’s affidavit, stating that objections have been made to the legal sufficiency of the petition or to the eligibility of the candidate, and also stating the time and place the objections will be considered. The board secretary
 
county commissioner shall also attempt to notify the candidate by telephone if the candidate provided a telephone number on the candidate’s affidavit.
    Sec. 20.  Section 260C.15, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  A candidate nominated under this section may withdraw the candidate’s nomination by a written request filed with the county commissioner of elections responsible under section 47.2 for conducting elections held for the merged area at least thirty-five days before the day of the election at which members of the board are elected.
    Sec. 21.  Section 275.25, subsection 1, paragraph b, Code 2013, is amended to read as follows:
   b.  The election shall be conducted as provided in section 277.3, and nomination petitions shall be filed pursuant to section 277.4, except as otherwise provided in this subsection. Nomination petitions shall be filed with the secretary of the board of
 
county commissioner of elections responsible under section 47.2 for conducting elections held for the existing school district in which the candidate resides not less than twenty-eight days before the date set for the special school election. The secretary of the board
 
commissioner, or the secretary’s
 
commissioner’s designee, shall be present in the secretary’s
 
commissioner’s office until 5:00 p.m. on the final day to file the nomination papers. The nomination papers shall be delivered to the commissioner no later than 5:00 p.m. on the twenty-seventh day before the election.
    Sec. 22.  Section 277.4, subsections 1, 3, and 4, Code 2013, are amended to read as follows:
   1.  Nomination papers for all candidates for election to office in each school district shall be filed with the secretary of the school board
 
county commissioner of elections responsible under section 47.2 for conducting elections held for the school district not more than sixty-four days, nor less than forty days before the election. Nomination petitions shall be filed not later than 5:00 p.m. on the last day for filing. If the school board secretary is not readily available during normal office hours, the secretary may designate a full-time employee of the school district who is ordinarily available to accept nomination papers under this section. On the final date for filing nomination papers the office of the school secretary
 
county commissioner shall remain open until 5:00 p.m.
   3.  The secretary of the school board
 
county commissioner shall accept the petition for filing if on its face it appears to have the requisite number of signatures and if it is timely filed. The secretary of the school board
 
county commissioner shall note upon each petition and affidavit accepted for filing the date and time that the petition was filed. The secretary of the school board shall deliver all nomination petitions, together with the complete text of any public measure being submitted by the board to the electorate, to the county commissioner of elections on the day following
 
no later than the last day on which nomination petitions can be filed, and not later than 5:00 p.m. on that day.
   4.  Any person on whose behalf nomination petitions have been filed under this section may withdraw as a candidate by filing a signed statement to that effect with the secretary
 
county commissioner of elections responsible under section 47.2 for conducting elections held for the school district at any time prior to 5:00 p.m. on the thirty-fifth day before the election.
    Sec. 23.  Section 277.5, Code 2013, is amended to read as follows:
   277.5  Objections to nominations.
   1.  Objections to the legal sufficiency of a nomination petition or to the eligibility of a candidate may be filed by any person who would have the right to vote for a candidate for the office in question. The objection must be filed with the secretary of the school board
 
county commissioner of elections responsible under section 47.2 for conducting elections held for the school district at least thirty-five days before the day of the school election. When objections are filed notice shall forthwith be given to the candidate affected, addressed to the candidate’s place of residence as given on the candidate’s affidavit, stating that objections have been made to the legal sufficiency of the petition or to the eligibility of the candidate, and also stating the time and place the objections will be considered.
   2.  Objections shall be considered not later than two working days following the receipt of the objections by the president of the school board, the secretary of the school board, and one additional member of the school board chosen by ballot. If objections have been filed to the nominations of either of those school officials, that official shall not pass on the objection. The official’s place shall be filled by a member of the school board against whom no objection exists. The replacement shall be chosen by ballot.
    Sec. 24.  Section 277.7, Code 2013, is amended to read as follows:
   277.7  Petitions for public measures.
   1.  A petition filed with the school board to request an election on a public measure shall be examined before it is accepted for filing. If the petition appears valid on its face it shall be accepted for filing. If it lacks the required number of signatures it shall be returned to the petitioners.
   2.  Petitions which have been accepted for filing are valid unless written objections are filed. Objections must be filed with the secretary of the school board within five working days after the petition was filed. The objection process in section 277.5, subsection 2, shall be followed for objections filed pursuant to this section.
    Sec. 25.  Section 280.9A, subsection 3, Code 2013, is amended to read as follows:
   3.  At least twice during each school year, the board of directors of each local public school district operating a high school and the authorities in charge of each accredited nonpublic school operating a high school shall offer the opportunity to register to vote to each student who is at least seventeen and one-half years of age, as required by section 48A.23.
    Sec. 26.  Section 372.13, subsection 2, paragraph a, Code 2013, is amended to read as follows:
   a.
  (1)  By appointment by the remaining members of the council, except that if the remaining members do not constitute a quorum of the full membership, paragraph “b” shall be followed. The appointment shall be for the period until the next pending election as defined in section 69.12, and shall be made within forty days after the vacancy occurs.

If the council fails to make an appointment within forty days as required by this subsection, the city clerk shall give notice of the vacancy to the county commissioner and the county commissioner shall call a special election to fill the vacancy at the earliest practicable date but no fewer than thirty-two days after the notice is received by the county commissioner.
   (2)  If the council chooses to proceed under this paragraph, it shall publish notice in the manner prescribed by section 362.3, stating that the council intends to fill the vacancy by appointment but that the electors of the city or ward, as the case may be, have the right to file a petition requiring that the vacancy be filled by a special election. The council may publish notice in advance if an elected official submits a resignation to take effect at a future date. The council may make an appointment to fill the vacancy after the notice is published or after the vacancy occurs, whichever is later. However, if within fourteen days after publication of the notice or within fourteen days after the appointment is made, there is filed with the city clerk a petition which requests a special election to fill the vacancy, an appointment to fill the vacancy is temporary and the council shall call a special election to fill the vacancy permanently, under paragraph “b”. The number of signatures of eligible electors of a city for a valid petition shall be determined as follows:
   (1)

(a)  For a city with a population of ten thousand or less, at least two hundred signatures or at least the number of signatures equal to fifteen percent of the voters who voted for candidates for the office at the preceding regular election at which the office was on the ballot, whichever number is fewer.
   (2)

(b)  For a city with a population of more than ten thousand but not more than fifty thousand, at least one thousand signatures or at least the number of signatures equal to fifteen percent of the voters who voted for candidates for the office at the preceding regular election at which the office was on the ballot, whichever number is fewer.
   (3)

(c)  For a city with a population of more than fifty thousand, at least two thousand signatures or at least the number of signatures equal to ten percent of the voters who voted for candidates for the office at the preceding regular election at which the office was on the ballot, whichever number is fewer.
   (4)

(d)  The minimum number of signatures for a valid petition pursuant to subparagraphs (1)
 
subparagraph divisions (a) through (3)
 
(c) shall not be fewer than ten. In determining the minimum number of signatures required, if at the last preceding election more than one position was to be filled for the office in which the vacancy exists, the number of voters who voted for candidates for the office shall be determined by dividing the total number of votes cast for the office by the number of seats to be filled.
    Sec. 27.  Section 376.1, Code 2013, is amended to read as follows:
   376.1  City election held
 
—— absentee ballot elections authorized.
   1.  A city shall hold a regular city election on the first Tuesday after the first Monday in November of each odd-numbered year. A city shall hold regular, special, primary, or runoff city elections as provided by state law.
   2.  The mayor or council shall give notice of any special election to the county commissioner of elections. The county commissioner of elections shall publish notice of any city election and conduct the election pursuant to the provisions of chapters 39 to 53, except as otherwise specifically provided in chapters 362 to 392. The results of any election shall be canvassed by the county board of supervisors and certified by the county commissioner of elections to the mayor and the council of the city for which the election is held.
   3.
  a.  The council of a city with a population of two hundred or less according to the most recent federal decennial census may adopt an ordinance providing that elections be conducted by absentee ballot. If the city council adopts such an ordinance, the clerk shall notify the commissioner of elections of the adoption of the ordinance, and the commissioner shall mail an absentee ballot application form by forwardable mail to each registered voter within the city who is on active status pursuant to section 48A.37 no fewer than twenty-five days before each regular city election or special election for the city. The commissioner shall also enclose a postage paid return envelope and a notice in the form prescribed by the state commissioner informing the voter that voting in person on election day will also be available at the commissioner’s office during the time the polls are open. The commissioner may designate one additional site as an election day polling place for a city that adopts an ordinance pursuant to this subsection. The location of the additional polling place shall be included in the notice to the voter.
   b.  The additional polling place designated under this subsection is subject to the requirements of section 49.21 relating to accessibility to persons with disabilities and relating to the posting of signs. The location of the additional polling place shall be published by the county commissioner of elections as required by section 49.53.
   c.  The provisions of chapter 53, insofar as applicable, shall apply to absentee ballot elections authorized under this subsection.
    Sec. 28.  Section 376.4, subsection 1, paragraph a, Code 2013, is amended to read as follows:
   a.  An eligible elector of a city may become a candidate for an elective city office by filing with the city clerk
 
county commissioner of elections responsible under section 47.2 for conducting elections held for the city a valid petition requesting that the elector’s name be placed on the ballot for that office. The petition must be filed not more than seventy-one days and not less than forty-seven days before the date of the election, and must be signed by eligible electors equal in number to at least two percent of those who voted to fill the same office at the last regular city election, but not less than ten persons. However, for those cities which may be required to hold a primary election, the petition must be filed not more than eighty-five days and not less than sixty-eight days before the date of the regular city election. Nomination petitions shall be filed not later than 5:00 p.m. on the last day for filing.
    Sec. 29.  Section 376.4, subsections 3, 4, and 5, Code 2013, are amended to read as follows:
   3.  If the city clerk is not readily available during normal office hours, the city clerk shall designate other employees or officials of the city who are ordinarily available to accept nomination papers under this section. On the final date for filing nomination papers the office of the city clerk
 
county commissioner shall remain open until 5:00 p.m.
   4.  The city clerk
 
county commissioner shall review each petition and affidavit of candidacy for completeness following the standards in section 45.5 and shall accept the petition for filing if on its face it appears to have the requisite number of signatures and if it is timely filed. The city clerk
 
county commissioner shall note upon each petition and affidavit accepted for filing the date and time that they were filed. The clerk
 
county commissioner shall return any rejected nomination papers to the person on whose behalf the nomination papers were filed.
   5.  Nomination papers filed with the city clerk
 
county commissioner shall be available for public inspection.
   5A.  The city clerk shall deliver all nomination papers together with the text of any public measure being submitted by the city council to the electorate to the county commissioner of elections on the day following
 
no later than the last day on which nomination petitions can be filed, and not later than 5:00 p.m. on that day.
    Sec. 30.  Section 376.11, subsections 3, 4, and 5, Code 2013, are amended to read as follows:
   3.  In city primary elections any person who receives write-in votes shall execute an affidavit in substantially the form required by section 45.3, and file it with the county commissioner of elections or the city clerk not later than 5:00 p.m. on the day after the canvass of the primary election. If any person who received write-in votes fails to file the affidavit at the time required, the county commissioner shall disregard the write-in votes cast for that person. A notation shall be made on the abstract of votes showing which persons who received write-in votes filed affidavits. The total number of votes cast for each office on the ballot shall be amended by subtracting the write-in votes of those candidates who failed to file the affidavit. It is not necessary for a candidate whose name was printed upon the ballot to file an affidavit. Of the remaining candidates, those who receive the highest number of votes to the extent of twice the number of unfilled positions shall be placed on the ballot for the regular city election as candidates for that office.
   4.  In cities in which the city council has chosen a runoff election in lieu of a primary, if a person who was elected by write-in votes chooses not to accept the office by filing a resignation notice with the city clerk or commissioner of elections not later than 5:00 p.m. on the day following the canvass, all remaining persons who received write-in votes and who wish to be considered candidates for the runoff election shall execute an affidavit in substantially the form required by section 45.3 and file it with the county commissioner or the city clerk not later than 5:00 p.m. of the fourth day following the canvass. If a person receiving write-in votes fails to file the affidavit at the time required, the county commissioner of elections shall disregard the write-in votes cast for that person. The abstract of votes shall be amended to show that the person who was declared elected declined the office and a notation shall be made next to the names of those persons who did not file the affidavit. A runoff election shall be held with the remaining candidates who have the highest number of votes to the extent of twice the number of unfilled positions.
   5.  In a city in which the council has chosen a runoff election, if no person was declared elected for an office, all persons who received write-in votes shall execute an affidavit in substantially the form required by section 45.3 and file it with the county commissioner of elections or the city clerk not later than 5:00 p.m. on the day following the canvass of votes. If any person who received write-in votes fails to file the affidavit, the county commissioner of elections shall disregard the write-in votes cast for that person. The abstract of votes shall be amended to note which of the write-in candidates failed to file the affidavit. A runoff election shall be held with the remaining candidates who have the highest number of votes to the extent of twice the number of unfilled positions.
    Sec. 31.  Section 602.8102, subsection 15, Code 2013, is amended to read as follows:
   15.  Monthly, notify the county commissioner of registration and the state registrar of voters of persons seventeen and one-half years of age and older who have been convicted of a felony during the preceding calendar month or persons who at any time during the preceding calendar month have been legally declared to be a person who is incompetent to vote as that term is defined in section 48A.2.
    Sec. 32.  REPEAL.  Section 53.14, Code 2013, is repealed.
    Sec. 33.  EFFECTIVE DATE.  The following provision or provisions of this Act take effect January 1, 2014:
   1.  The section of this Act amending section 48A.5, subsection 2, paragraph “c”.
   2.  The section of this Act amending section 48A.14, subsection 1, paragraph “b”.
   3.  The section of this Act amending section 48A.23, subsection 1. 
   4.  The section of this Act amending section 48A.26, subsection 9.
   5.  The section of this Act amending section 48A.31.
   6.  The section of this Act amending section 280.9A, subsection 3.
   7.  The section of this Act amending section 602.8102, subsection 15.
EXPLANATION
   This bill relates to the policy administration of the election and voter registration laws by the secretary of state.
   The bill requires that the county commissioner of registration accept completed voter registration forms from registrants who are at least 17 years of age. Current law requires the county commissioner of registration to accept such forms from registrants who are at least 17 and one-half years of age. These provisions of the bill take effect January 1, 2014.
   In 2008, Code section 49.21, relating to designation of polling places, eliminated language regarding accessibility to elderly persons and retained language regarding accessibility to persons with disabilities. The bill strikes the same language referring to accessibility to elderly persons at voting centers, to conform with Code section 49.21.
   The bill requires that any authority supported by taxation under the laws of Iowa make space available for the training of precinct election officials and other election personnel upon the application of the county commissioner of elections. The bill requires that the commissioner only schedule and conduct such training courses at locations that are accessible to and functional for persons with disabilities and that such courses not interfere with previously scheduled events at those locations.
   The bill provides that the county commissioner of elections shall not mail an absentee ballot to a person who is included within the term “armed forces of the United States” as defined in Code section 53.37 sooner than 50 days before any election. The bill retains the provision that absentee ballots shall be made available for voting in person at the commissioner’s office not more than 40 days before an election.
   The bill repeals a Code section that requires a voter’s party affiliation be designated in the voter affidavit on the unsealed affidavit envelope if the enclosed ballot is a primary election ballot.
   The bill further provides that satellite absentee voting stations shall not be established sooner than 40 days before an election. The bill requires that a petition for the establishment of a satellite absentee voting station be on a form prescribed by the state commissioner of elections, and as provided in the bill. The bill provides that a county commissioner of elections is only required to accept one valid petition for each precinct in each election. The bill requires at a minimum that the county commissioner honor the first valid petition for a satellite absentee voting station if more than one petition is filed for a station in the same precinct for the same election. The bill requires that the commissioner accept an additional valid petition if the commissioner determines operation of such a voting station to be impracticable at the location described in the earlier filed petition. The commissioner is required to post notice of received petitions on the county’s internet site, if any, and at the commissioner’s office.
   The bill provides that any objection to a petition requesting a satellite absentee voting station shall be filed with the county commissioner no later than two days following the petition filing deadline. The county commissioner is required to provide notice to the person circulating the petition upon the filing of such an objection.
   The bill requires that nomination petitions and affidavits of candidacy of candidates for member of the board of directors of a merged area, objections to such nominations, and withdrawals of such nominations be filed with the county commissioner of elections responsible for conducting elections for the merged area, rather than with the secretary of the board. The bill also requires the county commissioner, rather than the secretary of the board, to attempt to notify the candidate by telephone if an objection is filed if the candidate provided a telephone number.
   The bill requires that nomination petitions and affidavits of candidacy for a school district elected office, withdrawals of such nominations, and objections to nominations be filed with the county commissioner of elections responsible for conducting elections for the school district. Current law requires that such nomination papers, withdrawals, and objections be filed with the secretary of the school board.
   Under current law, the remaining members of a city council may fill a vacancy on the council by appointment or by special election. If by appointment, the appointment must be made within 40 days after the vacancy occurs. The bill requires the city clerk to notify the county commissioner of elections if the council fails to make such an appointment within the required 40 days. Upon receipt of such notice, the county commissioner of elections shall call a special election to fill the vacancy at the earliest practicable date, but no sooner than 32 days after receiving such notice.
   The bill allows cities with populations of 200 or less to adopt an ordinance providing that city elections be conducted by absentee ballot. The bill requires the county commissioner of elections responsible for conducting elections for such a city to mail an absentee ballot application form by forwardable mail to each active status registered voter within the city no fewer than 25 days before each regular city election or special election for that city. The bill requires that the county commissioner of elections also enclose a postage paid return envelope and a notice that in-person voting will also be available at the county commissioner’s office on the day of the election and, if applicable, the location of the additional polling place. The bill allows the county commissioner to designate one additional election day polling place for such cities.
   The bill further requires that nomination petitions and affidavits of candidacy for elective city office, withdrawals of such nominations, and objections to nominations be filed with the county commissioner of elections responsible for conducting elections for the city.