Senate File 399 - Introduced SENATE FILE 399 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1104) A BILL FOR An Act relating to the conduct of elections, including general 1 election ballot vacancies, voter registration, elections 2 administration, absentee voting, and vacancies on school 3 boards and merged area governing boards and including 4 effective date and applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1322SV (4) 87 aw/sc

S.F. 399 DIVISION I 1 CANDIDATE WITHDRAWAL 2 Section 1. Section 43.78, Code 2017, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 5. Any candidate nominated to fill a 5 vacancy in accordance with this section may withdraw the 6 candidate’s nomination by a written request filed as follows: 7 a. In the office of the state commissioner, at least 8 seventy-four days before the date of the election. 9 b. In the office of the proper commissioner, at least 10 sixty-four days before the date of the election. 11 c. In the office of the state commissioner, in case of a 12 special election to fill vacancies in Congress or the general 13 assembly, not more than: 14 (1) Twenty days after the date on which the governor issues 15 the call for a special election to be held on at least forty 16 days’ notice. 17 (2) Five days after the date on which the governor issues 18 the call for a special election to be held on at least ten but 19 less than forty days’ notice. 20 d. In the office of the proper commissioner or the state 21 commissioner, as applicable, in case of a special election to 22 fill vacancies, at least twenty-five days before the day of 23 election. 24 DIVISION II 25 VOTER REGISTRATION 26 Sec. 2. Section 48A.27, subsection 2, paragraph a, 27 subparagraph (1), Code 2017, is amended to read as follows: 28 (1) A signed, written notice to the county commissioner 29 in person, by mail, by facsimile, or by electronic mail 30 submission . 31 DIVISION III 32 ELECTIONS ADMINISTRATION GENERALLY 33 Sec. 3. Section 49.16, subsection 5, Code 2017, is amended 34 to read as follows: 35 -1- LSB 1322SV (4) 87 aw/sc 1/ 11

S.F. 399 5. A person shall not serve on the precinct election board 1 as a representative of a political party if the person has 2 changed political party affiliation from that of the political 3 party which selected the person to serve as a precinct election 4 official. If a precinct election official records a change 5 of political party, the official’s name shall be removed from 6 the list of precinct election officials for that political 7 party. The chairperson of the political party shall be 8 notified of the vacancy and may designate a replacement. If 9 the chairperson of another political party later designates the 10 person as a precinct election official, the person may serve, 11 if qualified. If a precinct election official serving on the 12 board as a representative of a political party records a change 13 of political party to vote absentee under chapter 53 and after 14 voting absentee records a change of political party back to 15 the political party the official represents on the precinct 16 election board, the official’s name shall be removed from the 17 list of precinct election officials for that election. The 18 chairperson of the political party shall be notified of the 19 vacancy and may designate a replacement for that election. 20 Sec. 4. Section 49.57, subsection 2, Code 2017, is amended 21 to read as follows: 22 2. In the area of the general election ballot for straight 23 party voting, the party or organization names shall be printed 24 in upper case and lower case letters using a uniform font size 25 for each political party or nonparty political organization. 26 The font size shall be not less than twelve ten point type. 27 After the name of each candidate for a partisan office the name 28 of the candidate’s political party shall be printed in at least 29 six point type. The names of political parties and nonparty 30 political organizations may be abbreviated on the remainder of 31 the ballot if both the full name and the abbreviation appear 32 in the “Straight Party” and “Other Political Party” areas of 33 the ballot. 34 Sec. 5. Section 49.104, subsection 7, Code 2017, is amended 35 -2- LSB 1322SV (4) 87 aw/sc 2/ 11

S.F. 399 to read as follows: 1 7. Any person authorized by the commissioner, in 2 consultation with the secretary of state, for the purposes of 3 conducting and attending educational voting programs for youth . 4 DIVISION IV 5 ABSENTEE VOTING 6 Sec. 6. Section 53.8, subsection 3, paragraph a, Code 2017, 7 is amended to read as follows: 8 a. When an application for an absentee ballot is received 9 by the commissioner of any county from a registered voter who 10 is a patient in a hospital in that county , a tenant of an 11 assisted living program in that county as shown by the list 12 of certifications provided the commissioner under section 13 231C.21, or a resident of any facility in that county shown to 14 be a health care facility by the list of licenses provided the 15 commissioner under section 135C.29 , the absentee ballot shall 16 be delivered to the voter and returned to the commissioner in 17 the manner prescribed by section 53.22 . For purposes of this 18 paragraph, “assisted living program” means a program certified 19 pursuant to section 231C.3 that meets the standards for a 20 dementia-specific assisted living program, as established by 21 rule by the department of inspections and appeals. 22 Sec. 7. Section 53.22, Code 2017, is amended to read as 23 follows: 24 53.22 Balloting by confined persons. 25 1. For purposes of this section, “assisted living program” 26 means a program certified pursuant to section 231C.3 that meets 27 the standards for a dementia-specific assisted living program, 28 as established by rule by the department of inspections and 29 appeals. 30 1. 2. a. (1) A registered voter who has applied for 31 an absentee ballot, in a manner other than that prescribed 32 by section 53.10 or 53.11 , and who is a resident , tenant, or 33 patient in a health care facility , assisted living program, or 34 hospital located in the county to which the application has 35 -3- LSB 1322SV (4) 87 aw/sc 3/ 11

S.F. 399 been submitted shall be delivered the appropriate absentee 1 ballot by two special precinct election officers, one of whom 2 shall be a member of each of the political parties referred to 3 in section 49.13 , who shall be appointed by the commissioner 4 from the election board panel for the special precinct 5 established by section 53.20 . The special precinct election 6 officers shall be sworn in the manner provided by section 7 49.75 for election board members, shall receive compensation 8 as provided in section 49.20 , and shall perform their duties 9 during the ten calendar days after the ballots are printed if 10 the commissioner so elects, during the fourteen calendar days 11 preceding the election, and on election day if all ballots 12 requested under section 53.8, subsection 3 , have not previously 13 been delivered and returned. 14 (2) If materials are prepared for the two special precinct 15 election officials, a list shall be made of all voters to whom 16 ballots are to be delivered. The list shall be sent with the 17 officials who deliver the ballots and shall include spaces 18 to indicate whether the person was present at the hospital , 19 assisted living program, or health care facility when the 20 officials arrived, whether the person requested assistance 21 from the officials, whether the person was assisted by another 22 person of the voter’s choice, the time that the ballot was 23 returned to the officials, and any other notes the officials 24 deem necessary. 25 (3) The officials shall also be issued a supply of extra 26 ballots to replace spoiled ballots. Receipts shall be 27 issued in substantially the same form as receipts issued to 28 precinct election officials pursuant to section 49.65 . All 29 ballots shall be accounted for and shall be returned to the 30 commissioner. Separate envelopes shall be provided for the 31 return of spoiled ballots and unused ballots. 32 b. If an applicant under this subsection notifies the 33 commissioner that the applicant will not be available at the 34 health care facility , assisted living program, or hospital 35 -4- LSB 1322SV (4) 87 aw/sc 4/ 11

S.F. 399 address at any time during the ten-day period after the ballots 1 are printed, if applicable, or during the fourteen-day period 2 immediately prior to the election, but will be available there 3 at some other time prior to the election or on election day, 4 the commissioner shall direct the two special precinct election 5 officers to deliver the applicant’s ballot at an appropriate 6 time preceding the election or on election day. If a person 7 who so requested an absentee ballot has been dismissed from 8 the health care facility or hospital, or is no longer a tenant 9 of the assisted living program, the special precinct election 10 officers may take the ballot to the voter if the voter is 11 currently residing in the county. 12 c. The special precinct election officers shall travel 13 together in the same vehicle and both shall be present when an 14 applicant casts an absentee ballot. If either or both of the 15 special precinct election officers fail to appear at the time 16 the duties set forth in this section are to be performed, the 17 commissioner shall at once appoint some other person, giving 18 preference to persons designated by the respective county 19 chairpersons of the political parties described in section 20 49.13 , to carry out the requirements of this section . The 21 persons authorized by this subsection to deliver an absentee 22 ballot to an applicant, if requested, may assist the applicant 23 in filling out the ballot as permitted by section 49.90 . After 24 the voter has securely sealed the marked ballot in the envelope 25 provided and has subscribed to the oath, the voted absentee 26 ballots shall be deposited in a sealed container which shall be 27 returned to the commissioner on the same day the ballots are 28 voted. On election day the officers shall return the sealed 29 container by the time the polls are closed. 30 2. 3. Any registered voter who becomes a patient , 31 tenant, or resident of a hospital , assisted living program, 32 or health care facility in the county where the voter is 33 registered to vote within three days prior to the date of any 34 election or on election day may request an absentee ballot 35 -5- LSB 1322SV (4) 87 aw/sc 5/ 11

S.F. 399 during that period or on election day. As an alternative 1 to the application procedure prescribed by section 53.2 , the 2 registered voter may make the request directly to the officers 3 who are delivering and returning absentee ballots under this 4 section . Alternatively, the request may be made by telephone 5 to the office of the commissioner not later than four hours 6 before the close of the polls. If the requester is found to be 7 a registered voter of that county, these officers shall deliver 8 the appropriate absentee ballot to the registered voter in the 9 manner prescribed by this section . 10 3. 4. For any election except a primary or general election 11 or a special election to fill a vacancy under section 69.14 , 12 the commissioner may, as an alternative to subsection 1 2 , 13 mail an absentee ballot to an applicant under this section to 14 be voted and returned to the commissioner in accordance with 15 this chapter . This subsection only applies to applications for 16 absentee ballots from a single health care facility , assisted 17 living program, or hospital if there are no more than two 18 applications from that facility , program, or hospital. 19 4. 5. The commissioner shall mail an absentee ballot to 20 a registered voter who has applied for an absentee ballot and 21 who is a patient , tenant, or resident of a hospital , assisted 22 living program, or health care facility outside the county in 23 which the voter is registered to vote. 24 5. 6. a. If the registered voter becomes a patient , 25 tenant, or resident of a hospital , assisted living program, 26 or health care facility outside the county where the voter is 27 registered to vote within three days before the date of any 28 election or on election day, the voter may designate a person 29 to deliver and return the absentee ballot. The designee may 30 be any person the voter chooses except that no candidate for 31 any office to be voted upon for the election for which the 32 ballot is requested may deliver a ballot under this subsection . 33 The request for an absentee ballot may be made by telephone 34 to the office of the commissioner not later than four hours 35 -6- LSB 1322SV (4) 87 aw/sc 6/ 11

S.F. 399 before the close of the polls. If the requester is found to 1 be a registered voter of that county, the ballot shall be 2 delivered by mail or by the person designated by the voter. An 3 application form shall be included with the absentee ballot and 4 shall be signed by the voter and returned with the ballot. 5 b. Absentee ballots voted under this subsection shall be 6 delivered to the commissioner no later than the time the polls 7 are closed on election day. If the ballot is returned by mail 8 the return envelope must be received by the time the polls 9 close, or be clearly postmarked by an officially authorized 10 postal service or bear an intelligent mail barcode traceable 11 to a date of entry into the federal mail system not later than 12 the day before the election and received by the commissioner no 13 later than the time established for the canvass by the board of 14 supervisors for that election. 15 6. 7. Observers representing candidates, political 16 parties, or nonparty political organizations, or observers who 17 are opponents or proponents of a ballot issue to be voted on at 18 the election are prohibited from being present at a hospital , 19 assisted living program, or health care facility during the 20 time the special precinct election officers are delivering 21 absentee ballots to the patients, tenants, or residents of such 22 hospital , assisted living program, or health care facility. 23 Sec. 8. Section 53.37, subsection 3, paragraph e, Code 2017, 24 is amended to read as follows: 25 e. Citizens of the United States who do not fall under any 26 of the categories described in paragraphs “a” through “d” , 27 but who are entitled to register and vote pursuant to section 28 48A.5, subsection 4 or 5 . 29 Sec. 9. NEW SECTION . 231C.21 Certification list to county 30 commissioner of elections. 31 To facilitate the implementation of section 53.8, subsection 32 3 , and section 53.22 , the director shall provide to each county 33 commissioner of elections at least annually a list of each 34 certified dementia-specific assisted living program in that 35 -7- LSB 1322SV (4) 87 aw/sc 7/ 11

S.F. 399 county. The list shall include the street address or location, 1 and the mailing address if it is other than the street address 2 or location, of each program. 3 DIVISION V 4 SCHOOL ELECTIONS 5 Sec. 10. Section 260C.11, subsection 1, Code 2017, is 6 amended to read as follows: 7 1. The governing board of a merged area is a board of 8 directors composed of one member elected from each director 9 district in the area by the electors of the respective 10 district. Members of the board shall be residents of the 11 district from which elected. Successors shall be chosen at 12 the regular school elections for members whose terms expire. 13 The term of a member of the board of directors is four years 14 and commences at the organizational meeting. Vacancies on 15 the board shall be filled at the next regular meeting of the 16 board by appointment by the remaining members of the board. A 17 member so chosen shall be a resident of the district in which 18 the vacancy occurred and shall serve until a member is elected 19 pursuant to at the next school election or intervening special 20 election held for the merged area, in accordance with section 21 69.12 to fill the vacancy for the balance of the unexpired 22 term . A vacancy is defined in section 277.29 . A member shall 23 not serve on the board of directors who is a member of a board 24 of directors of a local school district or a member of an area 25 education agency board. 26 Sec. 11. Section 279.6, subsection 1, paragraph b, 27 subparagraphs (1) and (2), Code 2017, are amended to read as 28 follows: 29 (1) If within fourteen days after publication of a notice 30 required pursuant to paragraph “a” for a vacancy that occurs 31 more than one hundred eighty days before the next regular 32 school election , or after the filing period closes pursuant 33 to section 277.4, subsection 1, for the next regular school 34 election, there is filed with the secretary of the school board 35 -8- LSB 1322SV (4) 87 aw/sc 8/ 11

S.F. 399 a petition requesting a special election to fill the vacancy, 1 an appointment to fill the vacancy is temporary until a 2 successor is elected and qualified, and the board shall call a 3 special election pursuant to section 279.7 , to fill the vacancy 4 for the remaining balance of the unexpired term. 5 (2) If within fourteen days after publication of a notice 6 required pursuant to paragraph “a” for a vacancy that occurs one 7 hundred eighty days or less but more than forty days before the 8 next regular school election there is filed with the secretary 9 of the school board a petition requesting to fill the vacancy 10 by election, an appointment to fill the vacancy is temporary 11 until a successor is elected and qualified, and the school 12 board shall require that the remaining balance of the unexpired 13 term be filled at the next regular school election. 14 Sec. 12. EFFECTIVE UPON ENACTMENT. The section of this 15 division of this Act amending section 260C.11, being deemed of 16 immediate importance, takes effect upon enactment. 17 Sec. 13. RETROACTIVE APPLICABILITY. The section of 18 this division of this Act amending section 260C.11 applies 19 retroactively to July 1, 2016. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to the conduct of elections, including 24 general election ballot vacancies, voter registration, 25 elections administration, absentee voting, and vacancies on 26 school boards and merged area governing boards. 27 Division I of the bill specifies that a candidate nominated 28 by a political party to fill a vacancy on the general election 29 ballot may withdraw the candidate’s name from nomination by 30 written request filed with the state commissioner of elections 31 (secretary of state) or proper county commissioner of elections 32 (county auditor), with deadlines for withdrawal as specified 33 in the bill. 34 Division II of the bill provides that a registered voter 35 -9- LSB 1322SV (4) 87 aw/sc 9/ 11

S.F. 399 may request changes in the voter’s registration by a signed, 1 written notice transmitted by electronic submission, rather 2 than facsimile or electronic mail. 3 Division III of the bill, relating to the administration of 4 elections, prohibits a representative of a political party on 5 a precinct election board from changing political parties to 6 vote absentee in the election for which they are serving as a 7 representative. The bill requires that the official’s name be 8 removed from the list of precinct election board members for 9 that election. The bill also lowers the minimum font size for 10 printing the names of political parties or nonparty political 11 organizations on the area of the ballot for straight party 12 voting. Additionally, current law allows county commissioners 13 of elections to permit individuals to be present at polling 14 places for the purposes of any educational voting program for 15 youth. The bill removes the requirement that the program be 16 for youth. 17 Division IV of the bill, relating to absentee voting, allows 18 tenants of dementia-specific assisted living programs to vote 19 by absentee ballot in the same manner allowed for patients or 20 residents in hospitals or health care facilities. Under the 21 bill, the department of inspections and appeals is required to 22 provide a list of dementia-specific assisted living programs 23 certified under Code section 231C.3, and as defined in rule. 24 Relating to absent voting by overseas citizens, the bill 25 provides that a United States citizen is eligible to vote 26 absentee as a uniformed or overseas voter if the citizen is 27 living outside the United States, has a parent who can vote as 28 a uniformed or overseas voter, and has never resided in the 29 United States, but meets all other requirements for voting. 30 Division V of the bill relates to school elections. The bill 31 specifies that a person appointed to fill a vacancy on a merged 32 area governing board will serve until a member is elected at 33 the next school election or at an intervening special election 34 held for the merged area. This provision takes effect upon 35 -10- LSB 1322SV (4) 87 aw/sc 10/ 11

S.F. 399 enactment and applies retroactively to July 1, 2016. 1 Division V of the bill also requires county commissioners 2 of elections to conduct a special election to fill a vacancy 3 on a school board if a valid petition is filed and if the 4 vacancy occurs after the filing period for the next regular 5 school election has closed. Under current law, such vacancies 6 are required to be filled at the election for which the 7 filing period has closed. Under current Code section 277.4, 8 subsection 1, nomination petitions are required to be filed 9 by not later than 5:00 p.m. on the 40th day before the school 10 election. 11 -11- LSB 1322SV (4) 87 aw/sc 11/ 11