Senate Study Bill 3062 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED SECRETARY OF STATE BILL) A BILL FOR An Act relating to the policy administration of election and 1 voter registration laws by the secretary of state, including 2 the voter registration age, absentee voting, certain posting 3 requirements, candidate nomination filing requirements for 4 merged area, school district, and city elections and related 5 filing requirements, the filling of vacancies in certain 6 city, county, and school district offices, and authorizing 7 certain cities to conduct city elections by absentee ballot, 8 and including effective date provisions. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 TLSB 5278XD (9) 85 aw/sc

S.F. _____ H.F. _____ Section 1. Section 44.4, subsection 1, Code 2014, 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 2014, 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 5278XD (9) 85 aw/sc 1/ 19

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 2014, 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 2014, 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 2014, 33 are amended to read as follows: 34 2. In the office of the proper commissioner, at least 35 -2- LSB 5278XD (9) 85 aw/sc 2/ 19

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 2014, 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 5278XD (9) 85 aw/sc 3/ 19

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 47.2, Code 2014, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 3A. The county commissioner shall post 6 notice of all filings received related to county elections, 7 city elections, and school elections on the county’s internet 8 site, if any, and at the county commissioner’s office. 9 Sec. 8. Section 48A.5, subsection 2, paragraph c, Code 2014, 10 is amended to read as follows: 11 c. Be at least eighteen years of age. Completed 12 registration forms shall be accepted from registrants who 13 are at least seventeen and one-half years of age ; however . 14 However , the registration shall not be effective until the 15 registrant reaches the age of eighteen. The commissioner of 16 registration shall ensure that the birth date shown on the 17 registration form is at least seventeen and one-half years 18 earlier than the date the registration is processed. A 19 registrant who is at least seventeen and one-half years of age 20 and who will be eighteen by the date of a pending election is 21 a registered voter for the pending election for purposes of 22 chapter 53 . 23 Sec. 9. Section 48A.14, subsection 1, paragraph b, Code 24 2014, is amended to read as follows: 25 b. The challenged registrant is less than seventeen and 26 one-half years of age. 27 Sec. 10. Section 48A.23, subsection 1, Code 2014, is amended 28 to read as follows: 29 1. At least twice during each school year, the board of 30 directors of each school district operating a high school and 31 the authorities in charge of each accredited nonpublic school 32 shall offer the opportunity to register to vote to each student 33 who is at least seventeen and one-half years of age. 34 Sec. 11. Section 48A.26, subsection 9, Code 2014, is amended 35 -4- LSB 5278XD (9) 85 aw/sc 4/ 19

S.F. _____ H.F. _____ to read as follows: 1 9. When a person who is at least seventeen and one-half 2 years of age but less than eighteen years of age registers 3 to vote, the commissioner shall maintain a record of the 4 registration so as to clearly indicate that it will not take 5 effect until the registrant’s eighteenth birthday and that the 6 person is registered and qualifies to vote at any election held 7 on or after that date. 8 Sec. 12. Section 48A.31, Code 2014, is amended to read as 9 follows: 10 48A.31 Deceased persons record. 11 The state registrar of vital statistics shall transmit 12 or cause to be transmitted to the state registrar of voters, 13 once each calendar quarter, a certified list of all persons 14 seventeen and one-half years of age and older in the state 15 whose deaths have been reported to the bureau of vital records 16 of the Iowa department of public health since the previous list 17 of decedents was certified to the state registrar of voters. 18 The list shall be submitted according to the specifications 19 of the state registrar of voters. The commissioner shall, in 20 the month following the end of a calendar quarter, run the 21 statewide voter registration system’s matching program to 22 determine whether a listed decedent was registered to vote in 23 the county and shall immediately cancel the registration of any 24 person named on the list of decedents. 25 Sec. 13. Section 69.14A, subsection 1, paragraph a, 26 subparagraph (1), Code 2014, is amended to read as follows: 27 (1) The appointment shall be for the period until the next 28 pending election as defined in section 69.12 , and shall be 29 made within forty sixty days after the vacancy occurs. If the 30 committee of county officers designated to fill the vacancy 31 chooses to proceed under this paragraph, the committee shall 32 publish notice in the manner prescribed by section 331.305 33 stating that the committee intends to fill the vacancy by 34 appointment but that the electors of the district or county, 35 -5- LSB 5278XD (9) 85 aw/sc 5/ 19

S.F. _____ H.F. _____ as the case may be, have the right to file a petition requiring 1 that the vacancy be filled by special election. The committee 2 may publish notice in advance if an elected official submits 3 a resignation to take effect at a future date. The committee 4 may make an appointment to fill the vacancy after the notice is 5 published or after the vacancy occurs, whichever is later. A 6 person appointed to an office under this subsection shall have 7 actually resided in the county which the appointee represents 8 sixty days prior to appointment. If the committee of county 9 officers designated to fill the vacancy in section 69.8 fails 10 to make an appointment within sixty days as required by this 11 subparagraph (1), the county commissioner of elections shall 12 call a special election to fill the vacancy at the earliest 13 practicable date but not later than thirty-two days after the 14 sixtieth day following the day the vacancy occurred. 15 Sec. 14. Section 260C.15, subsection 3, Code 2014, is 16 amended to read as follows: 17 3. Nomination papers on behalf of candidates for member of 18 the board of directors of a merged area shall be filed with 19 the secretary of the board county commissioner of elections 20 responsible under section 47.2 for conducting elections held 21 for the merged area not earlier than sixty-four days nor later 22 than 5:00 p.m. on the fortieth day prior to the election at 23 which members of the board are to be elected. On the day 24 following No later than the last day on which nomination 25 petitions can be filed, and no later than 5:00 p.m. on that 26 day, the secretary of the board shall deliver all nomination 27 petitions so filed, together with the text of any public 28 measure being submitted by the board of directors to the 29 electorate, to the county commissioner of elections who is 30 responsible under section 47.2 for conducting elections held 31 for the merged area. That commissioner shall certify the names 32 of candidates, and the text and summary of any public measure 33 being submitted to the electorate, to all county commissioners 34 of elections in the merged area by the thirty-fifth day prior 35 -6- LSB 5278XD (9) 85 aw/sc 6/ 19

S.F. _____ H.F. _____ to the election. 1 Sec. 15. Section 260C.15, subsection 4, paragraph b, Code 2 2014, is amended to read as follows: 3 b. The objection must be filed with the secretary of the 4 board county commissioner of elections responsible under 5 section 47.2 for conducting elections held for the merged area 6 at least thirty-five days before the day of the election at 7 which members of the board are elected. When objections are 8 filed, notice shall immediately be given to the candidate 9 affected, addressed to the candidate’s place of residence as 10 given on the candidate’s affidavit, stating that objections 11 have been made to the legal sufficiency of the petition or to 12 the eligibility of the candidate, and also stating the time and 13 place the objections will be considered. The board secretary 14 county commissioner shall also attempt to notify the candidate 15 by telephone if the candidate provided a telephone number on 16 the candidate’s affidavit. 17 Sec. 16. Section 275.25, subsection 1, paragraph b, Code 18 2014, is amended to read as follows: 19 b. The election shall be conducted as provided in section 20 277.3 , and nomination petitions shall be filed pursuant to 21 section 277.4 , except as otherwise provided in this subsection . 22 Nomination petitions shall be filed with the secretary of the 23 board of county commissioner of elections responsible under 24 section 47.2 for conducting elections held for the existing 25 school district in which the candidate resides not less than 26 twenty-eight days before the date set for the special school 27 election. The secretary of the board commissioner , or the 28 secretary’s commissioner’s designee, shall be present in the 29 secretary’s commissioner’s office until 5:00 p.m. on the final 30 day to file the nomination papers. The nomination papers shall 31 be delivered to the commissioner no later than 5:00 p.m. on the 32 twenty-seventh day before the election. 33 Sec. 17. Section 277.4, subsections 1, 3, and 4, Code 2014, 34 are amended to read as follows: 35 -7- LSB 5278XD (9) 85 aw/sc 7/ 19

S.F. _____ H.F. _____ 1. Nomination papers for all candidates for election 1 to office in each school district shall be filed with the 2 secretary of the school board county commissioner of elections 3 responsible under section 47.2 for conducting elections held 4 for the school district not more than sixty-four days, nor less 5 than forty days before the election. Nomination petitions 6 shall be filed not later than 5:00 p.m. on the last day for 7 filing. If the school board secretary is not readily available 8 during normal office hours, the secretary may designate a 9 full-time employee of the school district who is ordinarily 10 available to accept nomination papers under this section . On 11 the final date for filing nomination papers the office of the 12 school secretary county commissioner shall remain open until 13 5:00 p.m. 14 3. The secretary of the school board county commissioner 15 shall accept the petition for filing if on its face it appears 16 to have the requisite number of signatures and if it is timely 17 filed. The secretary of the school board county commissioner 18 shall note upon each petition and affidavit accepted for filing 19 the date and time that the petition was filed. The secretary 20 of the school board shall deliver all nomination petitions, 21 together with the complete text of any public measure being 22 submitted by the board to the electorate, to the county 23 commissioner of elections on the day following no later than 24 the last day on which nomination petitions can be filed, and 25 not later than 5:00 p.m. on that day. 26 4. Any person on whose behalf nomination petitions have been 27 filed under this section may withdraw as a candidate by filing 28 a signed statement to that effect with the secretary county 29 commissioner of elections responsible under section 47.2 for 30 conducting elections held for the school district at any time 31 prior to 5:00 p.m. on the thirty-fifth day before the election. 32 Sec. 18. Section 277.5, Code 2014, is amended to read as 33 follows: 34 277.5 Objections to nominations. 35 -8- LSB 5278XD (9) 85 aw/sc 8/ 19

S.F. _____ H.F. _____ 1. Objections to the legal sufficiency of a nomination 1 petition or to the eligibility of a candidate may be filed by 2 any person who would have the right to vote for a candidate for 3 the office in question. The objection must be filed with the 4 secretary of the school board county commissioner of elections 5 responsible under section 47.2 for conducting elections held 6 for the school district at least thirty-five days before 7 the day of the school election. When objections are filed 8 notice shall forthwith be given to the candidate affected, 9 addressed to the candidate’s place of residence as given on the 10 candidate’s affidavit, stating that objections have been made 11 to the legal sufficiency of the petition or to the eligibility 12 of the candidate, and also stating the time and place the 13 objections will be considered. 14 2. Objections shall be considered not later than two working 15 days following the receipt of the objections by the president 16 of the school board, the secretary of the school board, and 17 one additional member of the school board chosen by ballot. 18 If objections have been filed to the nominations of either of 19 those school officials, that official shall not pass on the 20 objection. The official’s place shall be filled by a member 21 of the school board against whom no objection exists. The 22 replacement shall be chosen by ballot. 23 Sec. 19. Section 277.7, Code 2014, is amended to read as 24 follows: 25 277.7 Petitions for public measures. 26 1. A petition filed with the school board to request an 27 election on a public measure shall be examined before it is 28 accepted for filing. If the petition appears valid on its face 29 it shall be accepted for filing. If it lacks the required 30 number of signatures it shall be returned to the petitioners. 31 2. Petitions which have been accepted for filing are valid 32 unless written objections are filed. Objections must be filed 33 with the secretary of the school board within five working days 34 after the petition was filed. The objection process in section 35 -9- LSB 5278XD (9) 85 aw/sc 9/ 19

S.F. _____ H.F. _____ 277.5 , subsection 2, shall be followed for objections filed 1 pursuant to this section . 2 Sec. 20. Section 279.7, subsection 1, Code 2014, is amended 3 to read as follows: 4 1. If a vacancy or vacancies occur among the elective 5 officers or members of a school board and the remaining members 6 of the board have not filled the vacancy within thirty sixty 7 days after the vacancy becomes known by the secretary or 8 the board, or when the board is reduced below a quorum, the 9 secretary of the board, or if there is no secretary, the area 10 education agency administrator, shall call a special election 11 in the district, subdistrict, or subdistricts, as the case may 12 be, to fill the vacancy or vacancies. The county commissioner 13 of elections shall publish the notices required by law for 14 special elections, and the election shall be held not sooner 15 than thirty days nor later than forty days after the thirtieth 16 sixtieth day following the day the vacancy becomes known by the 17 secretary or the board. If the secretary fails for more than 18 three days to call an election, the administrator shall call 19 it. 20 Sec. 21. Section 280.9A, subsection 3, Code 2014, is amended 21 to read as follows: 22 3. At least twice during each school year, the board of 23 directors of each local public school district operating a 24 high school and the authorities in charge of each accredited 25 nonpublic school operating a high school shall offer the 26 opportunity to register to vote to each student who is at least 27 seventeen and one-half years of age, as required by section 28 48A.23 . 29 Sec. 22. Section 372.13, subsection 2, paragraph a, Code 30 2014, is amended to read as follows: 31 a. (1) By appointment by the remaining members of the 32 council, except that if the remaining members do not constitute 33 a quorum of the full membership, paragraph “b” shall be 34 followed. The appointment shall be for the period until the 35 -10- LSB 5278XD (9) 85 aw/sc 10/ 19

S.F. _____ H.F. _____ next pending election as defined in section 69.12 , and shall be 1 made within forty sixty days after the vacancy occurs. If the 2 council fails to make an appointment within days as required 3 by this paragraph “a” , the city clerk shall give notice of the 4 vacancy to the county commissioner and the county commissioner 5 shall call a special election to fill the vacancy at the 6 earliest practicable date but no fewer than thirty-two days 7 after the notice is received by the county commissioner. 8 (2) If the council chooses to proceed under this paragraph 9 “a” , it shall publish notice in the manner prescribed by section 10 362.3 , stating that the council intends to fill the vacancy 11 by appointment but that the electors of the city or ward, as 12 the case may be, have the right to file a petition requiring 13 that the vacancy be filled by a special election. The council 14 may publish notice in advance if an elected official submits 15 a resignation to take effect at a future date. The council 16 may make an appointment to fill the vacancy after the notice 17 is published or after the vacancy occurs, whichever is later. 18 However, if within fourteen days after publication of the 19 notice or within fourteen days after the appointment is made, 20 there is filed with the city clerk a petition which requests a 21 special election to fill the vacancy, an appointment to fill 22 the vacancy is temporary and the council shall call a special 23 election to fill the vacancy permanently, under paragraph “b” . 24 The number of signatures of eligible electors of a city for a 25 valid petition shall be determined as follows: 26 (1) (a) For a city with a population of ten thousand or 27 less, at least two hundred signatures or at least the number of 28 signatures equal to fifteen percent of the voters who voted for 29 candidates for the office at the preceding regular election at 30 which the office was on the ballot, whichever number is fewer. 31 (2) (b) For a city with a population of more than ten 32 thousand but not more than fifty thousand, at least one 33 thousand signatures or at least the number of signatures equal 34 to fifteen percent of the voters who voted for candidates for 35 -11- LSB 5278XD (9) 85 aw/sc 11/ 19

S.F. _____ H.F. _____ the office at the preceding regular election at which the 1 office was on the ballot, whichever number is fewer. 2 (3) (c) For a city with a population of more than fifty 3 thousand, at least two thousand signatures or at least the 4 number of signatures equal to ten percent of the voters who 5 voted for candidates for the office at the preceding regular 6 election at which the office was on the ballot, whichever 7 number is fewer. 8 (4) (d) The minimum number of signatures for a valid 9 petition pursuant to subparagraphs (1) subparagraph divisions 10 (a) through (3) (c) shall not be fewer than ten. In 11 determining the minimum number of signatures required, if at 12 the last preceding election more than one position was to be 13 filled for the office in which the vacancy exists, the number 14 of voters who voted for candidates for the office shall be 15 determined by dividing the total number of votes cast for the 16 office by the number of seats to be filled. 17 Sec. 23. Section 376.1, Code 2014, is amended to read as 18 follows: 19 376.1 City election held —— absentee ballot elections 20 authorized . 21 1. A city shall hold a regular city election on the first 22 Tuesday after the first Monday in November of each odd-numbered 23 year. A city shall hold regular, special, primary, or runoff 24 city elections as provided by state law. 25 2. The mayor or council shall give notice of any special 26 election to the county commissioner of elections. The county 27 commissioner of elections shall publish notice of any city 28 election and conduct the election pursuant to the provisions of 29 chapters 39 to 53 , except as otherwise specifically provided 30 in chapters 362 to 392 . The results of any election shall be 31 canvassed by the county board of supervisors and certified 32 by the county commissioner of elections to the mayor and the 33 council of the city for which the election is held. 34 3. a. The council of a city with a population of two 35 -12- LSB 5278XD (9) 85 aw/sc 12/ 19

S.F. _____ H.F. _____ hundred or less according to the most recent federal decennial 1 census may adopt an ordinance providing that elections be 2 conducted by absentee ballot. If the city council adopts 3 such an ordinance, the clerk shall notify the commissioner 4 of elections of the adoption of the ordinance, and the 5 commissioner shall mail an absentee ballot application form 6 by forwardable mail to each registered voter within the city 7 who is on active status pursuant to section 48A.37 no fewer 8 than twenty-five days before each regular city election or 9 special election for the city. The commissioner shall also 10 enclose a postage paid return envelope and a notice in the form 11 prescribed by the state commissioner informing the voter that 12 voting in person on election day will also be available at the 13 commissioner’s office during the time the polls are open. The 14 commissioner may designate one additional site as an election 15 day polling place for a city that adopts an ordinance pursuant 16 to this subsection. The location of the additional polling 17 place shall be included in the notice to the voter. 18 b. The additional polling place designated under this 19 subsection is subject to the requirements of section 49.21 20 relating to accessibility to persons with disabilities 21 and relating to the posting of signs. The location of the 22 additional polling place shall be published by the county 23 commissioner of elections as required by section 49.53. 24 c. The provisions of chapter 53, insofar as applicable, 25 shall apply to absentee ballot elections authorized under this 26 subsection. 27 Sec. 24. Section 376.4, subsection 1, paragraph a, Code 28 2014, is amended to read as follows: 29 a. An eligible elector of a city may become a candidate 30 for an elective city office by filing with the city clerk 31 county commissioner of elections responsible under section 47.2 32 for conducting elections held for the city a valid petition 33 requesting that the elector’s name be placed on the ballot 34 for that office. The petition must be filed not more than 35 -13- LSB 5278XD (9) 85 aw/sc 13/ 19

S.F. _____ H.F. _____ seventy-one days and not less than forty-seven days before the 1 date of the election, and must be signed by eligible electors 2 equal in number to at least two percent of those who voted to 3 fill the same office at the last regular city election, but not 4 less than ten persons. However, for those cities which may be 5 required to hold a primary election, the petition must be filed 6 not more than eighty-five days and not less than sixty-eight 7 days before the date of the regular city election. Nomination 8 petitions shall be filed not later than 5:00 p.m. on the last 9 day for filing. 10 Sec. 25. Section 376.4, subsections 3, 4, and 5, Code 2014, 11 are amended to read as follows: 12 3. If the city clerk is not readily available during normal 13 office hours, the city clerk shall designate other employees or 14 officials of the city who are ordinarily available to accept 15 nomination papers under this section . On the final date for 16 filing nomination papers the office of the city clerk county 17 commissioner shall remain open until 5:00 p.m. 18 4. The city clerk county commissioner shall review each 19 petition and affidavit of candidacy for completeness following 20 the standards in section 45.5 and shall accept the petition 21 for filing if on its face it appears to have the requisite 22 number of signatures and if it is timely filed. The city 23 clerk county commissioner shall note upon each petition and 24 affidavit accepted for filing the date and time that they were 25 filed. The clerk county commissioner shall return any rejected 26 nomination papers to the person on whose behalf the nomination 27 papers were filed. 28 5. Nomination papers filed with the city clerk county 29 commissioner shall be available for public inspection. 30 5A. The city clerk shall deliver all nomination papers 31 together with the text of any public measure being submitted by 32 the city council to the electorate to the county commissioner 33 of elections on the day following no later than the last day 34 on which nomination petitions can be filed, and not later than 35 -14- LSB 5278XD (9) 85 aw/sc 14/ 19

S.F. _____ H.F. _____ 5:00 p.m. on that day. 1 Sec. 26. Section 376.11, subsections 3, 4, and 5, Code 2014, 2 are amended to read as follows: 3 3. In city primary elections any person who receives 4 write-in votes shall execute an affidavit in substantially the 5 form required by section 45.3 , and file it with the county 6 commissioner of elections or the city clerk not later than 5:00 7 p.m. on the day after the canvass of the primary election. 8 If any person who received write-in votes fails to file the 9 affidavit at the time required, the county commissioner shall 10 disregard the write-in votes cast for that person. A notation 11 shall be made on the abstract of votes showing which persons 12 who received write-in votes filed affidavits. The total number 13 of votes cast for each office on the ballot shall be amended by 14 subtracting the write-in votes of those candidates who failed 15 to file the affidavit. It is not necessary for a candidate 16 whose name was printed upon the ballot to file an affidavit. 17 Of the remaining candidates, those who receive the highest 18 number of votes to the extent of twice the number of unfilled 19 positions shall be placed on the ballot for the regular city 20 election as candidates for that office. 21 4. In cities in which the city council has chosen a runoff 22 election in lieu of a primary, if a person who was elected 23 by write-in votes chooses not to accept the office by filing 24 a resignation notice with the city clerk or commissioner of 25 elections not later than 5:00 p.m. on the day following the 26 canvass, all remaining persons who received write-in votes and 27 who wish to be considered candidates for the runoff election 28 shall execute an affidavit in substantially the form required 29 by section 45.3 and file it with the county commissioner or 30 the city clerk not later than 5:00 p.m. of the fourth day 31 following the canvass. If a person receiving write-in votes 32 fails to file the affidavit at the time required, the county 33 commissioner of elections shall disregard the write-in votes 34 cast for that person. The abstract of votes shall be amended 35 -15- LSB 5278XD (9) 85 aw/sc 15/ 19

S.F. _____ H.F. _____ to show that the person who was declared elected declined the 1 office and a notation shall be made next to the names of those 2 persons who did not file the affidavit. A runoff election 3 shall be held with the remaining candidates who have the 4 highest number of votes to the extent of twice the number of 5 unfilled positions. 6 5. In a city in which the council has chosen a runoff 7 election, if no person was declared elected for an office, all 8 persons who received write-in votes shall execute an affidavit 9 in substantially the form required by section 45.3 and file it 10 with the county commissioner of elections or the city clerk not 11 later than 5:00 p.m. on the day following the canvass of votes. 12 If any person who received write-in votes fails to file the 13 affidavit, the county commissioner of elections shall disregard 14 the write-in votes cast for that person. The abstract of votes 15 shall be amended to note which of the write-in candidates 16 failed to file the affidavit. A runoff election shall be held 17 with the remaining candidates who have the highest number of 18 votes to the extent of twice the number of unfilled positions. 19 Sec. 27. Section 602.8102, subsection 15, Code 2014, is 20 amended to read as follows: 21 15. Monthly, notify the county commissioner of registration 22 and the state registrar of voters of persons seventeen and 23 one-half years of age and older who have been convicted of a 24 felony during the preceding calendar month or persons who at 25 any time during the preceding calendar month have been legally 26 declared to be a person who is incompetent to vote as that term 27 is defined in section 48A.2 . 28 Sec. 28. REPEAL. Section 53.14, Code 2014, is repealed. 29 Sec. 29. EFFECTIVE DATE. The following provision or 30 provisions of this Act take effect January 1, 2016: 31 1. The section of this Act amending section 48A.5, 32 subsection 2, paragraph “c”. 33 2. The section of this Act amending section 48A.14, 34 subsection 1, paragraph “b”. 35 -16- LSB 5278XD (9) 85 aw/sc 16/ 19

S.F. _____ H.F. _____ 3. The section of this Act amending section 48A.23, 1 subsection 1. 2 4. The section of this Act amending section 48A.26, 3 subsection 9. 4 5. The section of this Act amending section 48A.31. 5 6. The section of this Act amending section 280.9A, 6 subsection 3. 7 7. The section of this Act amending section 602.8102, 8 subsection 15. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to the policy administration of the 13 election and voter registration laws by the secretary of state. 14 The bill requires that the county commissioner of elections 15 post notice of all filings received related to elections for 16 county, city, and school elections. 17 The bill requires that the county commissioner of 18 registration accept completed voter registration forms from 19 registrants who are at least 17 years of age. Current law 20 requires the county commissioner of registration to accept such 21 forms from registrants who are at least 17 and one-half years 22 of age. These provisions of the bill take effect January 1, 23 2016. 24 The bill repeals a Code section that requires an absentee 25 voter’s party affiliation be designated in the voter affidavit 26 on the unsealed affidavit envelope if the enclosed ballot is a 27 primary election ballot. 28 The bill requires that nomination petitions and affidavits 29 of candidacy of candidates for member of the board of directors 30 of a merged area and objections to such nominations be filed 31 with the county commissioner of elections responsible for 32 conducting elections for the merged area, rather than with the 33 secretary of the board. The bill also requires the county 34 commissioner, rather than the secretary of the board, to 35 -17- LSB 5278XD (9) 85 aw/sc 17/ 19