Senate Study Bill 3020 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED SECRETARY OF STATE BILL) A BILL FOR An Act relating to elections administration with respect to the 1 address confidentiality program, satellite absentee voting, 2 and the conduct of school district elections. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5253DP (3) 86 aw/sc
S.F. _____ H.F. _____ Section 1. Section 9E.6, subsection 1, Code 2016, is amended 1 to read as follows: 2 1. a. A program participant who is an eligible elector 3 may register to vote with the state commissioner of elections, 4 pursuant to section 48A.8, subsection 1 . The name, address, 5 and telephone number of a program participant shall not be 6 listed in the statewide voter registration system. 7 b. A program participant’s voter registration shall not be 8 open to challenge under section 48A.14 based on participation 9 in the program and use of a designated address. 10 Sec. 2. Section 9E.6, Code 2016, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 3. a. An absentee ballot submitted by a 13 program participant shall not be subject to a challenge under 14 section 49.79 or 53.31 if the challenge is based on the voter’s 15 participation in the program and use of a designated address. 16 b. In an election contested pursuant to chapter 57: 17 (1) The state commissioner of elections shall, upon 18 the written request of a party to the contest, certify the 19 eligibility of a program participant to vote or the validity 20 of a program participant’s absentee ballot. A written request 21 submitted under this paragraph “b” must contain the voter 22 identification number affixed to the program participant’s 23 absentee ballot. 24 (2) A deposition shall serve as testimony for a program 25 participant. A court or tribunal trying the contest shall 26 coordinate with the secretary to obtain a deposition from a 27 program participant. 28 Sec. 3. Section 53.10, subsection 3, Code 2016, is amended 29 to read as follows: 30 3. During the hours when absentee ballots are available in 31 the office of the commissioner, electioneering shall not be 32 allowed within the sight or hearing of voters at the absentee 33 voting site is a polling place for purposes of section 39A.4, 34 subsection 1, paragraph “a” . 35 -1- LSB 5253DP (3) 86 aw/sc 1/ 5
S.F. _____ H.F. _____ Sec. 4. Section 53.11, subsection 4, Code 2016, is amended 1 to read as follows: 2 4. During the hours when absentee ballots are available at a 3 satellite absentee voting station, electioneering shall not be 4 allowed within the sight or hearing of voters at the satellite 5 absentee voting station is a polling place for purposes of 6 section 39A.4, subsection 1, paragraph “a” . 7 Sec. 5. Section 275.1, subsection 1, paragraphs b and f, 8 Code 2016, are amended to read as follows: 9 b. “Initial board” means the board of a newly reorganized 10 district that is selected pursuant to section 275.25 or 275.41 11 and functions until the organizational meeting following the 12 third second regular school election held after the effective 13 date of the reorganization. 14 f. “Regular board” means the board of a reorganized district 15 that begins to function at the organizational meeting following 16 the third second regular school election held after the 17 effective date of the school reorganization, and is comprised 18 of members who were elected to the current terms or were 19 appointed to replace members who were elected. 20 Sec. 6. Section 275.41, subsection 3, Code 2016, is amended 21 to read as follows: 22 3. Prior to the effective date of the reorganization, 23 the initial board shall approve a plan that commences at the 24 first regular school election held after the effective date 25 of the merger and is completed at the third second regular 26 school election held after the effective date of the merger, 27 to replace the initial board with the regular board. If the 28 petition specifies a number of directors on the regular board 29 to be different from the number of directors on the initial 30 board, the plan shall provide that the number specified in 31 the petition for the regular board is in place by the time 32 the regular board is formed. The plan shall provide that as 33 nearly as possible one-half of the members of the board shall 34 be elected biennially, and if a special election was held to 35 -2- LSB 5253DP (3) 86 aw/sc 2/ 5
S.F. _____ H.F. _____ elect a member to create an odd number of members on the board, 1 the term of that member shall end at the organizational meeting 2 following the third second regular school election held after 3 the effective date. 4 Sec. 7. Section 279.6, subsection 1, paragraph a, Code 2016, 5 is amended to read as follows: 6 a. Except as provided in paragraph “b” and subsection 7 2 , vacancies occurring among the officers or members of a 8 school board shall be filled by the board by appointment. A 9 person so appointed to fill a vacancy in an elective office 10 shall hold office until a successor is elected and qualified 11 pursuant to at the next regular school election, unless there 12 is an intervening special election for the school district, in 13 which event a successor shall be elected at the intervening 14 special election, in accordance with section 69.12 . To fill 15 a vacancy occurring among the members of a school board, the 16 board shall publish notice in the manner prescribed by section 17 279.36 , stating that the board intends to fill the vacancy 18 by appointment but that the electors of the school district 19 have the right to file a petition requiring that the vacancy 20 be filled by a special election conducted pursuant to section 21 279.7 . The board may publish notice in advance if a member 22 of the board submits a resignation to take effect at a future 23 date. The board may make an appointment to fill the vacancy 24 after the notice is published or after the vacancy occurs, 25 whichever is later. 26 Sec. 8. Section 279.7, subsection 1, Code 2016, is amended 27 to read as follows: 28 1. If a vacancy or vacancies occur among the elective 29 officers or members of a school board and the remaining members 30 of the board have not filled the vacancy within thirty days 31 after the vacancy becomes known by the secretary or the board 32 occurs or if a valid petition is submitted to the secretary 33 of the board pursuant to section 279.6, subsection 1 , or 34 when the board is reduced below a quorum, the secretary of 35 -3- LSB 5253DP (3) 86 aw/sc 3/ 5
S.F. _____ H.F. _____ the board, or if there is no secretary, the area education 1 agency administrator, shall call a special election in the 2 district, subdistrict, or subdistricts, as the case may be, 3 to fill the vacancy or vacancies. The county commissioner of 4 elections shall publish the notices required by law for special 5 elections, and the election shall be held not sooner than 6 thirty days nor later than forty days after the thirtieth day 7 following the day the vacancy becomes known by the secretary or 8 the board occurs . If the secretary fails for more than three 9 days to call an election, the administrator shall call it. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to elections administration with respect 14 to the address confidentiality program administered by the 15 secretary of state, to satellite absentee voting, and to the 16 conduct of school district elections. 17 Relating to the state’s address confidentiality program, the 18 bill provides that a program participant’s voter registration 19 is not subject to challenge based on participation in the 20 program and the use of a designated address nor is it allowed 21 to be the basis for challenges under Code sections 49.79 22 (election day voting) or 53.31 (absentee voting). In the case 23 of an election contest, the bill provides for the certification 24 of a program participant’s eligibility to vote and the validity 25 of a program participant’s absentee ballot. The bill also 26 provides that the deposition of a program participant shall 27 serve as testimony in a contested election. 28 Relating to satellite absentee voting, current law prohibits 29 electioneering within the sight or hearing of voters at the 30 satellite absentee voting station. Under current Code section 31 39A.4, subsection 1, electioneering and other specified 32 activity is prohibited on the premises of a polling place or 33 within 300 feet of an outside door of a building affording 34 access to a room where the polls are held, or of an outside 35 -4- LSB 5253DP (3) 86 aw/sc 4/ 5
S.F. _____ H.F. _____ door of a building affording access to a hallway, corridor, 1 stairway, or other means of reaching the room where the polls 2 are held. The bill provides that a satellite absentee voting 3 station and an absentee voting site at a county commissioner of 4 elections office are also polling places for purposes of Code 5 section 39A.4, subsection 1. 6 Relating to school district elections, the bill requires 7 that a plan for school district reorganization be completed 8 at the second regular school election following the effective 9 date of the reorganization. Current law provides that 10 reorganization plans be commenced at the first regular school 11 election and be completed at the third regular school election. 12 Also relating to school elections, the bill provides that 13 when a school board vacancy occurs, that a person appointed to 14 fill the vacancy shall hold office until a successor is elected 15 and qualified at the next regular school election unless there 16 is an intervening special election. The bill also makes 17 terminology changes related to the timing required for calling 18 and holding a special election when a school board vacancy 19 occurs and a replacement has not been appointed. 20 -5- LSB 5253DP (3) 86 aw/sc 5/ 5