Senate File 112 - Introduced SENATE FILE 112 BY CHELGREN A BILL FOR An Act relating to political subdivision elections by changing 1 the date of the election of directors of local school 2 districts, merged areas, and area education agency boards, 3 by providing for the combined administration of regular 4 and special school and city elections, making changes to 5 the administration of elections for political subdivisions 6 located in more than one county, establishing requirements 7 for ballot arrangement and placement for political 8 subdivision offices, and including effective date and 9 applicability and transition provisions. 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 11 TLSB 1863XS (2) 87 aw/sc

S.F. 112 DIVISION I 1 ELECTION DAY FOR REGULAR SCHOOL ELECTIONS 2 Section 1. Section 39.2, subsection 4, paragraph c, Code 3 2017, is amended to read as follows: 4 c. For a school district or merged area, in the odd-numbered 5 year, the first Tuesday in February March , the first Tuesday in 6 April May , the last first Tuesday in June August , or the second 7 first Tuesday after the first Monday in September November . 8 For a school district or merged area, in the even-numbered 9 year, the first Tuesday in February March , the first Tuesday 10 in April May , the second first Tuesday in September August , or 11 the first Tuesday in December. 12 Sec. 2. Section 260C.12, subsection 1, Code 2017, is amended 13 to read as follows: 14 1. The board of directors of the merged area shall organize 15 at the first regular meeting in October December following the 16 regular school election. Organization of the board shall be 17 effected by the election of a president and other officers from 18 the board membership as board members determine. The board 19 of directors shall appoint a secretary and a treasurer who 20 shall each give bond as prescribed in section 291.2 and who 21 shall each receive the salary determined by the board. The 22 secretary and treasurer shall perform duties under chapter 291 23 and additional duties the board of directors deems necessary. 24 However, the board may appoint one person to serve as the 25 secretary and treasurer. If one person serves as the secretary 26 and treasurer, only one bond is necessary for that person. The 27 frequency of meetings other than organizational meetings shall 28 be as determined by the board of directors but the president 29 or a majority of the members may call a special meeting at any 30 time. 31 Sec. 3. Section 260C.13, subsection 1, Code 2017, is amended 32 to read as follows: 33 1. The board of a merged area may change the number of 34 directors on the board and shall make corresponding changes 35 -1- LSB 1863XS (2) 87 aw/sc 1/ 24

S.F. 112 in the boundaries of director districts. Changes shall be 1 completed not later than June August 1 of the year of the 2 regular school election. As soon as possible after adoption 3 of the boundary changes, notice of changes in the director 4 district boundaries shall be submitted by the merged area to 5 the county commissioner of elections in all counties included 6 in whole or in part in the merged area. 7 Sec. 4. Section 260C.15, subsection 5, Code 2017, is amended 8 to read as follows: 9 5. The votes cast in the election shall be canvassed and 10 abstracts of the votes cast shall be certified as required by 11 section 277.20 . In each county whose commissioner of elections 12 is responsible under section 47.2 for conducting elections 13 held for a merged area, the county board of supervisors shall 14 convene on the last Monday in September November or at the 15 last regular board meeting in September November , canvass the 16 abstracts of votes cast and declare the results of the voting. 17 The commissioner shall at once issue certificates of election 18 to each person declared elected, and shall certify to the 19 merged area board in substantially the manner prescribed by 20 section 50.27 the result of the voting on any public question 21 submitted to the voters of the merged area. Members elected to 22 the board of directors of a merged area shall qualify by taking 23 the oath of office prescribed in section 277.28 . 24 Sec. 5. Section 273.8, subsection 2, paragraphs a and b, 25 Code 2017, are amended to read as follows: 26 a. Notice of the election shall be published by the area 27 education agency administrator not later than July September 15 28 of the odd-numbered year in at least one newspaper of general 29 circulation in the director district. The cost of publication 30 shall be paid by the area education agency. 31 b. A candidate for election to the area education agency 32 board shall file a statement of candidacy with the area 33 education agency secretary not later than August October 15 of 34 the odd-numbered year, on forms prescribed by the department 35 -2- LSB 1863XS (2) 87 aw/sc 2/ 24

S.F. 112 of education. The statement of candidacy shall include the 1 candidate’s name, address, and school district. The list of 2 candidates shall be sent by the secretary of the area education 3 agency in ballot form by certified mail to the presidents of 4 the boards of directors of all school districts within the 5 director district not later than September November 1. In 6 order for the ballot to be counted, the ballot must be received 7 in the secretary’s office by the end of the normal business 8 day on September November 30 or be clearly postmarked by an 9 officially authorized postal service not later than September 10 November 29 and received by the secretary not later than noon 11 on the first Monday following September November 30. 12 Sec. 6. Section 273.8, subsection 4, paragraph a, Code 2017, 13 is amended to read as follows: 14 a. The board of directors of each area education agency 15 shall meet and organize at the first regular meeting in October 16 December following the regular school election at a suitable 17 place designated by the president. Directors whose terms 18 commence at the organizational meeting shall qualify by taking 19 the oath of office required by section 277.28 at or before the 20 organizational meeting. 21 Sec. 7. Section 273.8, subsection 6, Code 2017, is amended 22 to read as follows: 23 6. Change in directors. The board of an area education 24 agency may change the number of directors on the board and 25 shall make corresponding changes in the boundaries of director 26 districts. Changes shall be completed not later than July 27 September 1 of a fiscal the odd-numbered year for the director 28 district conventions to be held the following September 29 November . 30 Sec. 8. Section 277.1, Code 2017, is amended to read as 31 follows: 32 277.1 Regular election. 33 The regular election shall be held biennially on the second 34 first Tuesday after the first Monday in September November of 35 -3- LSB 1863XS (2) 87 aw/sc 3/ 24

S.F. 112 each odd-numbered year in each school district for the election 1 of officers of the district and merged area and for the purpose 2 of submitting to the voters any matter authorized by law. 3 Sec. 9. EFFECTIVE DATE. This division of this Act takes 4 effect July 1, 2019. 5 Sec. 10. APPLICABILITY. 6 1. This division of this Act applies to regular school 7 elections held on or after November 5, 2019, and to the terms 8 of office of directors of local school districts, merged areas, 9 and area education agencies commencing on or after that date. 10 2. Under this division of this Act, the regular school 11 elections previously scheduled to be held in September 2019 12 shall be held in November 2019. 13 DIVISION II 14 COMBINED ADMINISTRATION OF CITY AND SCHOOL ELECTIONS 15 Sec. 11. Section 39.2, subsection 1, paragraph b, Code 2017, 16 is amended to read as follows: 17 b. A special election shall not be held in conjunction with 18 the primary election. A special election shall not be held in 19 conjunction with a school election unless the special election 20 is for a school district or community college. A special 21 election shall not be held in conjunction with a regularly 22 scheduled or special city primary or city runoff election. 23 Sec. 12. Section 39.2, subsection 2, Code 2017, is amended 24 to read as follows: 25 2. Except as otherwise provided in subsection 1 , a special 26 election may be held on the same day as a regularly scheduled 27 election if the two elections are not in conflict within the 28 meaning of section 47.6, subsection 2 . A special election 29 may be held on the same day as a regularly scheduled election 30 with which it does so conflict if the commissioner who is 31 responsible for conducting the elections concludes that to do 32 so will cause no undue difficulties , except that a special 33 election for a city, school district, or merged area shall not 34 be scheduled to coincide with the general election . 35 -4- LSB 1863XS (2) 87 aw/sc 4/ 24

S.F. 112 Sec. 13. Section 39.2, subsection 4, paragraph b, Code 2017, 1 is amended to read as follows: 2 b. For a city, on the day of the general election, on the 3 day of the regular city election, on the date of a special 4 election held to fill a vacancy in the same city, or on in 5 the odd-numbered year, the first Tuesday in March, the first 6 Tuesday in May, or the first Tuesday in August of each year , or 7 the first Tuesday after the first Monday in November . For a 8 city, in the even-numbered year, the first Tuesday in March, 9 the first Tuesday in May, the first Tuesday in August, or the 10 first Tuesday in December. 11 Sec. 14. Section 44.11, Code 2017, is amended to read as 12 follows: 13 44.11 Vacancies filled. 14 If a candidate named under this chapter withdraws before the 15 deadline established in section 44.9 , declines a nomination, 16 or dies before election day, or if a certificate of nomination 17 is held insufficient or inoperative by the officer with whom 18 it is required to be filed, or in case any objection made 19 to a certificate of nomination, or to the eligibility of any 20 candidate named in the certificate, is sustained by the board 21 appointed to determine such questions, the vacancy or vacancies 22 may be filled by the convention, or caucus, or in such manner 23 as such convention or caucus has previously provided. The 24 vacancy or vacancies shall be filled not less than seventy-four 25 days before the election in the case of nominations required 26 to be filed with the state commissioner, not less than 27 sixty-four days before the election in the case of nominations 28 required to be filed with the commissioner, not less than 29 thirty-five forty-two days before the election in the case of 30 nominations required to be filed in the office of the school 31 board secretary, and not less than forty-two days before the 32 election in the case of nominations required to be filed with 33 the commissioner for city elections. 34 Sec. 15. Section 47.2, subsection 2, Code 2017, is amended 35 -5- LSB 1863XS (2) 87 aw/sc 5/ 24

S.F. 112 to read as follows: 1 2. When an election is to be held as required by law or 2 is called by a political subdivision of the state and the 3 political subdivision is located in more than one county, the 4 county commissioner of elections of each of those counties 5 shall conduct that election within the commissioner’s county. 6 However, the commissioner for the county having the greatest 7 taxable base within the political subdivision shall conduct 8 that election serve as the controlling commissioner for 9 the election . The controlling commissioner shall receive 10 all nomination papers and public measures for the political 11 subdivision. By the forty-first day prior to the election, the 12 controlling commissioner shall certify the names of candidates 13 and the text and summary of any public measure being submitted 14 to the electorate to all county commissioners of elections 15 required to conduct elections for the political subdivision. 16 The county commissioners of elections of the other counties 17 in which the political subdivision is located shall cooperate 18 with the county controlling commissioner of elections who is 19 conducting the election . 20 Sec. 16. Section 47.6, subsection 2, Code 2017, is amended 21 to read as follows: 22 2. For the purpose of this section , a conflict between 23 two elections exists only when one of the elections would 24 require use of precinct boundaries which differ from those 25 to be used for the other election, or when some but not all 26 of the registered voters of any precinct would be entitled 27 to vote in one of the elections and all of the registered 28 voters of the same precinct would be entitled to vote in 29 the other election. Nothing in this subsection shall deny 30 a commissioner discretionary authority to approve holding a 31 special election on the same date as another election, even 32 though the two elections may be defined as being in conflict, 33 if the commissioner concludes that to do so will cause no undue 34 difficulties. 35 -6- LSB 1863XS (2) 87 aw/sc 6/ 24

S.F. 112 Sec. 17. Section 49.9, Code 2017, is amended to read as 1 follows: 2 49.9 Proper place of voting. 3 Except as provided in section 49.11, subsection 3 , paragraph 4 “b” , and as required by the designation of a commissioner 5 pursuant to section 49.21, subsection 1, a person shall not 6 vote in any precinct but that of the person’s residence. 7 Sec. 18. Section 49.21, subsection 1, Code 2017, is amended 8 to read as follows: 9 1. a. It is the responsibility of the commissioner to 10 designate a polling place for each precinct in the county. 11 Notwithstanding any provision of law to the contrary, for 12 city and school elections the commissioner shall, whenever 13 practicable, designate polling places so that an eligible 14 elector will be assigned to vote at the same polling place 15 at which the eligible elector would be assigned to vote at 16 the general election. However, if a city does not have a 17 polling place designated for the general election precinct, the 18 commissioner may designate an additional polling place for the 19 precinct in that city. 20 b. Each polling place designated shall be accessible to 21 persons with disabilities. However, if the commissioner is 22 unable to provide an accessible polling place for a precinct, 23 the commissioner shall apply for a temporary waiver of the 24 accessibility requirement. The state commissioner shall adopt 25 rules in accordance with chapter 17A prescribing standards 26 for determining whether a polling place is accessible and the 27 process for applying for a temporary waiver of accessibility. 28 Sec. 19. Section 49.30, Code 2017, is amended to read as 29 follows: 30 49.30 All candidates and issues on one ballot —— exceptions. 31 1. All constitutional amendments, all public measures, and 32 the names of all candidates, other than presidential electors, 33 to be voted for in each election precinct, shall be printed on 34 one ballot, except that separate ballots are authorized when it 35 -7- LSB 1863XS (2) 87 aw/sc 7/ 24

S.F. 112 is not possible to include all offices and public measures on a 1 single ballot. In the event that it is not possible to include 2 all offices and public measures on a single ballot, separate 3 ballots may be provided for nonpartisan offices, judges, or 4 public measures. 5 2. If printed on the same ballot, the offices of political 6 subdivisions shall, if applicable, be printed in the following 7 order: 8 a. Those of a county. 9 b. Those of a city. 10 c. Those of a school district. 11 d. Those of a merged area. 12 e. Those of any other political subdivision. 13 3. If printed on the same ballot, the public measures of 14 political subdivisions shall be printed in the same order as 15 provided for offices of the political subdivisions. 16 Sec. 20. Section 49.31, subsection 2, paragraph b, Code 17 2017, is amended to read as follows: 18 b. The commissioner shall then arrange the surnames of each 19 political party’s candidates for each office to which two or 20 more persons are to be elected at large alphabetically for 21 the respective offices for the first precinct on the list; 22 thereafter, for each political party and for each succeeding 23 precinct, the names appearing first for the respective offices 24 in the last preceding precinct shall be placed last, so that 25 the names that were second before the change shall be first 26 after the change. The commissioner may also rotate the names 27 of candidates of a political party in the reverse order of that 28 provided in this subsection or alternate the rotation so that 29 the candidates of different parties shall not be paired as they 30 proceed through the rotation. The procedure for arrangement 31 of names on ballots provided in this section shall likewise be 32 substantially followed in elections in political subdivisions 33 of less than a county. 34 Sec. 21. Section 49.31, subsection 2, Code 2017, is amended 35 -8- LSB 1863XS (2) 87 aw/sc 8/ 24

S.F. 112 by adding the following new paragraph: 1 NEW PARAGRAPH . d. On the regular and special city election 2 and school election ballots the names of candidates for city, 3 school district, and merged area offices shall be arranged 4 by drawing lots for position. The commissioner shall hold 5 the drawing on the second business day following the deadline 6 for filing of nomination papers or petitions under sections 7 260C.15, 277.4, and 376.4. If a candidate withdraws, dies, or 8 is removed from the ballot after the ballot position of names 9 has been determined, such candidate’s name shall be removed 10 from the ballot, and the order of the remaining names shall not 11 be changed. 12 Sec. 22. Section 49.31, subsection 3, Code 2017, is amended 13 to read as follows: 14 3. The Except as otherwise provided in subsection 2, 15 paragraph “d” , the ballots for any city elections, school 16 elections, special election , or any other election at which 17 any office is to be filled on a nonpartisan basis and the 18 statutes governing the office to be filled are silent as to 19 the arrangement of names on the ballot, shall contain the 20 names of all nominees or candidates arranged in alphabetical 21 order by surname under the heading of the office to be filled. 22 When Except as otherwise provided in subsection 2, paragraph 23 “d” , when a city election, school election, special election , 24 or any other election at which an office is to be filled on 25 a nonpartisan basis , is held in more than one precinct, the 26 candidates’ names shall be rotated on the ballot from precinct 27 to precinct in the manner prescribed by subsection 2 unless 28 there are no more candidates for an office than the number of 29 persons to be elected to that office. 30 Sec. 23. Section 49.41, subsection 1, paragraph a, Code 31 2017, is amended to read as follows: 32 a. A person shall not be a candidate for more than one 33 office to be filled at the same election , except that a person 34 may be a candidate for a city office and school board office at 35 -9- LSB 1863XS (2) 87 aw/sc 9/ 24

S.F. 112 the same election . A person who has been nominated for more 1 than one office and is prohibited from being a candidate for 2 more than one office shall file a written notice declaring the 3 office for which the person wishes to appear on the ballot. 4 Sec. 24. Section 49.51, Code 2017, is amended to read as 5 follows: 6 49.51 Commissioner to control printing. 7 The commissioner shall have charge of the printing of the 8 ballots to be used for any election held in the county , unless 9 the commissioner delegates that authority as permitted by this 10 section . The commissioner may delegate this authority only 11 to another commissioner who is responsible under section 47.2 12 for conducting the elections held for a political subdivision 13 which lies in more than one county, and only with respect to 14 printing of ballots containing only public questions or the 15 names of candidates to be voted upon by the registered voters 16 of that political subdivision. Only one facsimile signature, 17 that of the commissioner under whose direction the ballot is 18 printed, shall appear on the ballot. It is the duty of the 19 commissioner to insure that the arrangement of any ballots 20 printed under the commissioner’s direction conforms to all 21 applicable requirements of this chapter . 22 Sec. 25. Section 49.73, subsection 1, paragraphs a and b, 23 Code 2017, are amended by striking the paragraphs. 24 Sec. 26. Section 49.73, subsection 2, Code 2017, is amended 25 to read as follows: 26 2. The commissioner shall not shorten voting hours for any 27 election if there is filed in the commissioner’s office, at 28 least twenty-five days before the election, a petition signed 29 by at least fifty eligible electors of the school district 30 or city, as the case may be, requesting that the polls be 31 opened not later than 7:00 a.m. All polling places where the 32 candidates of or any public question submitted by any one 33 political subdivision are being voted upon shall be opened at 34 the same hour , except that this requirement shall not apply 35 -10- LSB 1863XS (2) 87 aw/sc 10/ 24

S.F. 112 to merged areas established under chapter 260C . The hours 1 at which the respective precinct polling places are to open 2 shall not be changed after publication of the notice required 3 by section 49.53 . The polling places shall be closed at 9:00 4 p.m. for state primary and general elections and other partisan 5 elections, and for any other election held concurrently 6 therewith, and at 8:00 p.m. for all other elections. 7 Sec. 27. Section 50.11, Code 2017, is amended to read as 8 follows: 9 50.11 Proclamation of result. 10 1. When the canvass is completed one of the precinct 11 election officials shall publicly announce the total number of 12 votes received by each of the persons voted for, the office for 13 which the person is designated, as announced by the designated 14 tally keepers, and the number of votes for, and the number of 15 votes against, any proposition which shall have been submitted 16 to a vote of the people. A precinct election official shall 17 communicate the election results by telephone or in person to 18 the commissioner who is conducting the election immediately 19 upon completion of the canvass. 20 2. Election results may be transmitted electronically from 21 voting equipment to the commissioner’s office only after the 22 precinct election officials have produced a written report of 23 the election results. The devices used for the electronic 24 transmission of election results shall be approved for use 25 by the board of examiners pursuant to section 52.41 . The 26 state commissioner of elections shall adopt rules establishing 27 procedures for the electronic transmission of election results. 28 3. The commissioner shall remain on duty until such 29 information is communicated to the commissioner from each 30 polling place in the commissioner’s county. For an election 31 for a political subdivision that is located in more than one 32 county, the commissioner shall, if applicable, communicate 33 that county’s election results for the political subdivision 34 to the controlling commissioner for that political subdivision 35 -11- LSB 1863XS (2) 87 aw/sc 11/ 24

S.F. 112 under section 47.2, and the controlling commissioner shall 1 remain on duty until such information is communicated to 2 the controlling commissioner from each commissioner for the 3 political subdivision. 4 Sec. 28. Section 50.24, Code 2017, is amended by adding the 5 following new subsections: 6 NEW SUBSECTION . 3A. For a regular or special city election 7 or a city runoff election, if the city is located in more than 8 one county, the controlling commissioner for that city under 9 section 47.2 shall conduct a second canvass on the second 10 Monday or Tuesday after the day of the election. However, if a 11 recount is requested pursuant to section 50.48, the controlling 12 commissioner shall conduct the second canvass within two 13 business days after the conclusion of the recount proceedings. 14 Each commissioner conducting a canvass for the city pursuant 15 to subsection 1 shall transmit abstracts for the offices and 16 public measures of that city to the controlling commissioner 17 for that city, along with individual tallies for each write-in 18 candidate. At the second canvass, the county board of 19 supervisors of the county of the controlling commissioner shall 20 canvass the abstracts received pursuant to this subsection and 21 shall prepare a combined city abstract stating the number of 22 votes cast in the city for each office and on each question on 23 the ballot for the city election. The combined city abstract 24 shall further indicate the name of each person who received 25 votes for each office on the ballot, the number of votes each 26 person named received for that office, and the number of votes 27 for and against each question submitted to the voters at the 28 election. The votes of all write-in candidates who each 29 received less than five percent of the total votes cast in the 30 city for an office shall be reported collectively under the 31 heading “scattering”. 32 NEW SUBSECTION . 3B. a. For a regular or special school 33 election, if the school district is located in more than one 34 county, the controlling commissioner for that school district 35 -12- LSB 1863XS (2) 87 aw/sc 12/ 24

S.F. 112 under section 47.2 shall conduct a second canvass on the second 1 Monday or Tuesday after the day of election. However, if a 2 recount is requested pursuant to section 50.48, the controlling 3 commissioner shall conduct the second canvass within two 4 business days after the conclusion of the recount proceedings. 5 Each commissioner conducting a canvass for the school district 6 pursuant to subsection 1 shall transmit abstracts for the 7 offices and public measures of that school district to the 8 controlling commissioner for that school district, along with 9 individual tallies for each write-in candidate. At the second 10 canvass the county board of supervisors of the controlling 11 county shall canvass the abstracts received pursuant to 12 this subsection and shall prepare a combined school district 13 abstract stating the number of votes cast in the school 14 district for each office and on each question on the ballot for 15 the school election. The combined school district abstract 16 shall further indicate the name of each person who received 17 votes for each office on the ballot, the number of votes each 18 person named received for that office, and the number of votes 19 for and against each question submitted to the voters at the 20 election. The votes of all write-in candidates who each 21 received less than five percent of the total votes cast in the 22 school district for an office shall be reported collectively 23 under the heading “scattering”. 24 b. The second canvass of votes for a merged area shall be 25 conducted pursuant to section 260C.15, subsection 5, and each 26 commissioner conducting a canvass for the merged area pursuant 27 to subsection 1 shall transmit abstracts for the offices and 28 public measures of that school district to the controlling 29 commissioner for that merged area, along with individual 30 tallies for each write-in candidate. 31 Sec. 29. Section 50.48, subsection 1, paragraph a, 32 unnumbered paragraph 1, Code 2017, is amended to read as 33 follows: 34 The county board of canvassers shall order a recount of the 35 -13- LSB 1863XS (2) 87 aw/sc 13/ 24

S.F. 112 votes cast for a particular office or nomination in one or 1 more specified election precincts in that county if a written 2 request therefor for a recount is made not later than 5:00 p.m. 3 on the third day following the county board’s canvass of the 4 election in question. For a city runoff election held pursuant 5 to section 376.9, the written request must be made not later 6 than 5:00 p.m. on the day following the county board’s canvass 7 of the city runoff election. The request shall be filed with 8 the commissioner of that county , or with the commissioner 9 responsible for conducting the election if section 47.2, 10 subsection 2 , is applicable, and shall be signed by either of 11 the following: 12 Sec. 30. Section 52.25, subsection 2, paragraph b, Code 13 2017, is amended to read as follows: 14 b. In the case of a public question to be voted on in 15 a political subdivision lying in more than one county, the 16 summary shall be worded by the controlling commissioner 17 responsible under section 47.2 for conducting that election. 18 Sec. 31. Section 53.40, subsection 1, paragraph a, Code 19 2017, is amended to read as follows: 20 a. A request in writing for a ballot may be made by any 21 member of the armed forces of the United States who is or 22 will be a qualified voter on the day of the election at which 23 the ballot is to be cast, at any time before the election. 24 Any member of the armed forces of the United States may 25 request ballots for all elections to be held during a calendar 26 year. The request may be made by using the federal postcard 27 application form and indicating that the applicant wishes to 28 receive ballots for all elections as permitted by state law. 29 If the applicant does not specify which elections the request 30 is for, the county commissioner shall send the applicant a 31 ballot for each federal election held after the application 32 is received until the end of the calendar year in which the 33 request is received. If the applicant requests ballots for all 34 elections to be held in a calendar year, the commissioner, if 35 -14- LSB 1863XS (2) 87 aw/sc 14/ 24

S.F. 112 necessary, shall forward a copy of the absentee ballot request 1 to other commissioners who are responsible under section 47.2, 2 subsection 2 , for conducting elections in which the applicant 3 is eligible to vote. 4 Sec. 32. Section 260C.15, subsection 3, Code 2017, is 5 amended to read as follows: 6 3. Nomination papers on behalf of candidates for member of 7 the board of directors of a merged area shall be filed with the 8 secretary of the board not earlier than sixty-four seventy-one 9 days nor later than 5:00 p.m. on the fortieth forty-seventh day 10 prior to the election at which members of the board are to be 11 elected. On the day following the last day on which nomination 12 petitions can be filed, and no later than 5:00 p.m. on that 13 day, the secretary shall deliver all nomination petitions so 14 filed, together with the text of any public measure being 15 submitted by the board of directors to the electorate, to the 16 merged area’s controlling county commissioner of elections who 17 is responsible under section 47.2 for conducting elections 18 held for the merged area . That controlling commissioner shall 19 certify the names of candidates, and the text and summary of 20 any public measure being submitted to the electorate, to all 21 county commissioners of elections in the merged area by the 22 thirty-fifth forty-second day prior to the election. 23 Sec. 33. Section 260C.15, subsection 4, paragraph b, Code 24 2017, is amended to read as follows: 25 b. The objection must be filed with the secretary of the 26 board at least thirty-five forty-two days before the day of 27 the election at which members of the board are elected. When 28 objections are filed, notice shall immediately be given to 29 the candidate affected, addressed to the candidate’s place 30 of residence as given on the candidate’s affidavit, stating 31 that objections have been made to the legal sufficiency of 32 the petition or to the eligibility of the candidate, and also 33 stating the time and place the objections will be considered. 34 The board secretary shall also attempt to notify the candidate 35 -15- LSB 1863XS (2) 87 aw/sc 15/ 24

S.F. 112 by telephone if the candidate provided a telephone number on 1 the candidate’s affidavit. 2 Sec. 34. Section 260C.15, subsection 5, Code 2017, is 3 amended to read as follows: 4 5. The votes cast in the election shall be canvassed and 5 abstracts of the votes cast shall be certified as required by 6 section 277.20 . In each county whose commissioner of elections 7 is responsible the controlling commissioner for a merged area 8 under section 47.2 for conducting elections held for a merged 9 area , the county board of supervisors shall convene on the last 10 Monday in September or at the last regular board meeting in 11 September, canvass the abstracts of votes cast from each county 12 in the merged area, and declare the results of the voting. The 13 commissioner shall at once issue certificates of election to 14 each person declared elected, and shall certify to the merged 15 area board in substantially the manner prescribed by section 16 50.27 the result of the voting on any public question submitted 17 to the voters of the merged area. Members elected to the board 18 of directors of a merged area shall qualify by taking the oath 19 of office prescribed in section 277.28 . 20 Sec. 35. Section 260C.22, subsection 3, Code 2017, is 21 amended to read as follows: 22 3. A voted tax imposed under this section may be 23 discontinued, or its maximum rate increased, by petition and 24 election. Upon receipt of a petition containing the required 25 number of signatures, the board of directors of a merged 26 area shall direct the each county commissioner of elections 27 responsible under section 47.2 for conducting elections in the 28 merged area to submit to the voters of the merged area the 29 question of whether to discontinue the authority of the board 30 of directors to impose the voted tax under this section or 31 to increase the maximum rate of the voted tax, whichever is 32 applicable. The petition must be signed by eligible electors 33 equal in number to not less than twenty-five percent of the 34 votes cast at the last preceding election in the merged area 35 -16- LSB 1863XS (2) 87 aw/sc 16/ 24

S.F. 112 where the question of the imposition of the tax appeared on the 1 ballot and received by the board of directors by June 1 of the 2 year in which the election is to be held. The question shall 3 be submitted at an election held on a date authorized for an 4 election under subsection 1 , paragraph “a” . If a majority of 5 those voting on the question of discontinuance of the board of 6 directors’ authority to impose the tax favors discontinuance, 7 the board shall not impose the tax for any fiscal year 8 beginning after expiration of the period of time for imposing 9 the tax approved at the last election under subsection 1 or the 10 period of time for imposing the tax established by resolution 11 of the board under subsection 2 that is in effect on the 12 date the petition for the election is filed with the board, 13 whichever is applicable, unless following discontinuance the 14 voted tax is again authorized at election under subsection 1 . 15 If the question of whether to discontinue the authority of the 16 board of directors to impose the tax fails to gain approval at 17 election, the question shall not be submitted to the voters of 18 the merged area for a period of ten years following the date of 19 the election. If a majority of those voting on the question to 20 increase the maximum rate of the voted tax favors the proposed 21 increase, the new maximum rate shall apply to fiscal years 22 beginning after the date of the election. 23 Sec. 36. Section 260C.28, subsection 3, paragraph c, Code 24 2017, is amended to read as follows: 25 c. The additional tax authorized under subsection 2 may 26 be discontinued by petition and election. Upon receipt of a 27 petition containing the required number of signatures, the 28 board of directors of a merged area shall direct the each 29 county commissioner of elections responsible under section 30 47.2 for conducting elections in the merged area to submit 31 to the voters of the merged area the question of whether 32 to discontinue the authority of the board of directors to 33 impose the additional tax under subsection 2 . The petition 34 must be signed by eligible electors equal in number to not 35 -17- LSB 1863XS (2) 87 aw/sc 17/ 24