Senate Study Bill 1104 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED SECRETARY OF STATE BILL) 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 1322XD (5) 87 aw/sc

S.F. _____ H.F. _____ 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 39A.2, subsection 1, Code 2017, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . 0b. Organizational noncompliance —— voter 29 registration. A third or any subsequent violation of section 30 48A.22, subsection 2, paragraph “a” or “b” . 31 Sec. 3. Section 39A.4, subsection 1, Code 2017, is amended 32 by adding the following new paragraph: 33 NEW PARAGRAPH . 0c. Organizational noncompliance —— voter 34 registration. A second violation of section 48A.22, subsection 35 -1- LSB 1322XD (5) 87 aw/sc 1/ 14

S.F. _____ H.F. _____ 2, paragraph “a” or “b” . 1 Sec. 4. Section 48A.2, Code 2017, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 2A. “Homeless service organization” means 4 an organization that serves homeless persons and near homeless 5 persons by providing overnight shelter, meals, clothing, 6 transportation, counseling, child care, legal services, medical 7 or mental health services, or traditional housing. 8 Sec. 5. Section 48A.7A, subsection 1, paragraph c, Code 9 2017, is amended to read as follows: 10 c. In lieu of paragraph “b” , a person wishing to vote may 11 establish identity and residency in the precinct by written : 12 (1) Written oath of a person who is registered to vote in 13 the precinct. The registered voter’s oath shall attest to the 14 stated identity of the person wishing to vote and that the 15 person is a current resident of the precinct. The oath must 16 be signed by the attesting registered voter in the presence 17 of the appropriate precinct election official. A registered 18 voter who has signed an oath on election day attesting to a 19 person’s identity and residency as provided in this paragraph 20 is prohibited from signing any further oaths as provided in 21 this paragraph on that day. 22 (2) Notarized written affidavit signed by a person who is a 23 law enforcement officer who resides or works within the county 24 that the eligible voter wishes to vote in and who has personal 25 knowledge of the person wishing to vote. The law enforcement 26 officer’s oath shall attest to the stated identity of the 27 person wishing to vote and that the person wishing to vote is a 28 current resident of the precinct. 29 (3) Notarized written affidavit signed by a person who is an 30 employee of a homeless service organization who works within 31 the county that the eligible voter wishes to vote in and who 32 has personal knowledge of the person wishing to vote. The 33 homeless service organization employee’s oath shall attest to 34 the stated identity of the person wishing to vote and that the 35 -2- LSB 1322XD (5) 87 aw/sc 2/ 14

S.F. _____ H.F. _____ person wishing to vote is a current resident of the precinct. 1 Sec. 6. Section 48A.7A, subsection 4, Code 2017, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . c. The form of the notarized affidavit 4 required of a person attesting to the identity and residency of 5 the registrant shall read as follows: 6 I, .......... (name of law enforcement officer or homeless 7 service organization employee), do solemnly swear or affirm all 8 of the following: 9 I am a: 10 ☐ Law enforcement officer. 11 ☐ Homeless service organization employee. 12 I am a resident of the county of .........., Iowa. 13 I work in the county of .........., Iowa. 14 I am employed at .......... (street address) in .......... 15 (city or township). 16 I personally know the registrant under the name of 17 .......... (name of registrant), and I personally know 18 that .......... (name of registrant) is a resident of the 19 .......... precinct, .......... ward or township, city of 20 .........., county of .........., Iowa. 21 I understand that any false statement in this affidavit is 22 a class “D” felony punishable by no more than five years in 23 confinement and a fine of at least seven hundred fifty dollars 24 but not more than seven thousand five hundred dollars. 25 .......... 26 Signature of Law Enforcement Officer or Homeless Service 27 Organization Employee 28 Subscribed and sworn before me on ........ (date). 29 .......... 30 Signature of Notary 31 Sec. 7. Section 48A.22, Code 2017, is amended to read as 32 follows: 33 48A.22 Voter registration by volunteer organizations. 34 1. a. The secretary of state shall encourage volunteer 35 -3- LSB 1322XD (5) 87 aw/sc 3/ 14

S.F. _____ H.F. _____ organizations to undertake voter registration drives by 1 providing registration forms. 2 b. The state voter registration commission shall adopt 3 rules in accordance with chapter 17A establishing procedures 4 and requirements for the collection and submission of voter 5 registration forms by volunteer organizations. 6 2. a. A volunteer organization that collects a voter 7 registration form shall submit the form to the appropriate 8 commissioner, regardless of completeness, within seven days of 9 receiving the form from an applicant. 10 b. Notwithstanding paragraph “a” , if a volunteer 11 organization collects a voter registration form within forty 12 days of an election, the volunteer organization shall submit 13 the form to the appropriate commissioner, regardless of 14 completeness, within seventy-two hours of receiving the form 15 from an applicant or no later than 5:00 p.m. on the Friday 16 before the election, whichever is earlier. 17 3. For the purposes of this section, a volunteer 18 organization will be considered to have received a voter 19 registration form on the date noted by an applicant on a form. 20 4. A person acting on behalf of a volunteer organization 21 pursuant to subsection 1 who fails to comply with subsection 2, 22 paragraph “a” or “b” , commits election misconduct, as follows: 23 a. A first violation constitutes a technical infraction 24 under section 39A.6. 25 b. A second violation constitutes election misconduct in the 26 third degree under section 39A.4. 27 c. A third or any subsequent violation constitutes election 28 misconduct in the first degree under section 39A.2. 29 Sec. 8. Section 48A.27, subsection 2, paragraph a, 30 subparagraph (1), Code 2017, is amended to read as follows: 31 (1) A signed, written notice to the county commissioner 32 in person, by mail, by facsimile, or by electronic mail 33 submission . 34 DIVISION III 35 -4- LSB 1322XD (5) 87 aw/sc 4/ 14

S.F. _____ H.F. _____ ELECTIONS ADMINISTRATION GENERALLY 1 Sec. 9. Section 49.16, subsection 5, Code 2017, is amended 2 to read as follows: 3 5. A person shall not serve on the precinct election board 4 as a representative of a political party if the person has 5 changed political party affiliation from that of the political 6 party which selected the person to serve as a precinct election 7 official. If a precinct election official records a change 8 of political party, the official’s name shall be removed from 9 the list of precinct election officials for that political 10 party. The chairperson of the political party shall be 11 notified of the vacancy and may designate a replacement. If 12 the chairperson of another political party later designates the 13 person as a precinct election official, the person may serve, 14 if qualified. If a precinct election official serving on the 15 board as a representative of a political party records a change 16 of political party to vote absentee under chapter 53 and after 17 voting absentee records a change of political party back to 18 the political party the official represents on the precinct 19 election board, the official’s name shall be removed from the 20 list of precinct election officials for that election. The 21 chairperson of the political party shall be notified of the 22 vacancy and may designate a replacement for that election. 23 Sec. 10. Section 49.57, subsection 2, Code 2017, is amended 24 to read as follows: 25 2. In the area of the general election ballot for straight 26 party voting, the party or organization names shall be printed 27 in upper case and lower case letters using a uniform font size 28 for each political party or nonparty political organization. 29 The font size shall be not less than twelve ten point type. 30 After the name of each candidate for a partisan office the name 31 of the candidate’s political party shall be printed in at least 32 six point type. The names of political parties and nonparty 33 political organizations may be abbreviated on the remainder of 34 the ballot if both the full name and the abbreviation appear 35 -5- LSB 1322XD (5) 87 aw/sc 5/ 14

S.F. _____ H.F. _____ in the “Straight Party” and “Other Political Party” areas of 1 the ballot. 2 Sec. 11. Section 49.104, subsection 7, Code 2017, is amended 3 to read as follows: 4 7. Any person authorized by the commissioner, in 5 consultation with the secretary of state, for the purposes of 6 conducting and attending educational voting programs for youth . 7 DIVISION IV 8 ABSENTEE VOTING 9 Sec. 12. Section 53.8, subsection 3, paragraph a, Code 2017, 10 is amended to read as follows: 11 a. When an application for an absentee ballot is received by 12 the commissioner of any county from a registered voter who is a 13 patient in a hospital in that county , a tenant of an assisted 14 living program, as defined in section 53.22, in that county as 15 shown by the list of certifications provided the commissioner 16 under section 231C.21, or a resident of any facility in that 17 county shown to be a health care facility by the list of 18 licenses provided the commissioner under section 135C.29 , the 19 absentee ballot shall be delivered to the voter and returned to 20 the commissioner in the manner prescribed by section 53.22 . 21 Sec. 13. Section 53.22, Code 2017, is amended to read as 22 follows: 23 53.22 Balloting by confined persons. 24 1. a. (1) A registered voter who has applied for an 25 absentee ballot, in a manner other than that prescribed by 26 section 53.10 or 53.11 , and who is a resident , tenant, or 27 patient in a health care facility , assisted living program, or 28 hospital located in the county to which the application has 29 been submitted shall be delivered the appropriate absentee 30 ballot by two special precinct election officers, one of whom 31 shall be a member of each of the political parties referred to 32 in section 49.13 , who shall be appointed by the commissioner 33 from the election board panel for the special precinct 34 established by section 53.20 . The special precinct election 35 -6- LSB 1322XD (5) 87 aw/sc 6/ 14

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

S.F. _____ H.F. _____ time preceding the election or on election day. If a person 1 who so requested an absentee ballot has been dismissed from 2 the health care facility or hospital, or is no longer a tenant 3 of the assisted living program, the special precinct election 4 officers may take the ballot to the voter if the voter is 5 currently residing in the county. 6 c. The special precinct election officers shall travel 7 together in the same vehicle and both shall be present when an 8 applicant casts an absentee ballot. If either or both of the 9 special precinct election officers fail to appear at the time 10 the duties set forth in this section are to be performed, the 11 commissioner shall at once appoint some other person, giving 12 preference to persons designated by the respective county 13 chairpersons of the political parties described in section 14 49.13 , to carry out the requirements of this section . The 15 persons authorized by this subsection to deliver an absentee 16 ballot to an applicant, if requested, may assist the applicant 17 in filling out the ballot as permitted by section 49.90 . After 18 the voter has securely sealed the marked ballot in the envelope 19 provided and has subscribed to the oath, the voted absentee 20 ballots shall be deposited in a sealed container which shall be 21 returned to the commissioner on the same day the ballots are 22 voted. On election day the officers shall return the sealed 23 container by the time the polls are closed. 24 2. Any registered voter who becomes a patient , tenant, or 25 resident of a hospital , assisted living program, or health 26 care facility in the county where the voter is registered to 27 vote within three days prior to the date of any election or on 28 election day may request an absentee ballot during that period 29 or on election day. As an alternative to the application 30 procedure prescribed by section 53.2 , the registered voter 31 may make the request directly to the officers who are 32 delivering and returning absentee ballots under this section . 33 Alternatively, the request may be made by telephone to the 34 office of the commissioner not later than four hours before 35 -8- LSB 1322XD (5) 87 aw/sc 8/ 14

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

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

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

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

S.F. _____ H.F. _____ of homeless service organizations are allowed to attest, by 1 notarized written affidavit, to the identity and residency of 2 eligible voters for election day and in-person absentee voter 3 registration purposes. 4 Division II of the bill requires volunteer organizations 5 that accept voter registration forms from applicants to submit 6 the forms received to the appropriate county commissioner 7 of elections within specified periods of time following 8 their receipt. Under the bill, a person who violates these 9 provisions commits election misconduct. A first violation 10 of these provisions constitutes a technical infraction, a 11 second violation constitutes election misconduct in the third 12 degree (a serious misdemeanor), and any subsequent violations 13 constitute election misconduct in the first degree (a class “D” 14 felony). A serious misdemeanor is punishable by confinement 15 for no more than one year and a fine of at least $315 but 16 not more than $1,875. A class “D” felony is punishable by 17 confinement for no more than five years and a fine of at least 18 $750 but not more than $7,500. Under the bill, the state voter 19 registration commission is required to adopt rules establishing 20 procedures and requirements for the collection and submission 21 of voter registration forms by volunteer organizations. 22 Division II of the bill also provides that a registered voter 23 may request changes in the voter’s registration by signed, 24 written notice transmitted by electronic submission, rather 25 than facsimile or electronic mail. 26 Division III of the bill, relating to the administration of 27 elections, prohibits a representative of a political party on 28 a precinct election board from changing political parties to 29 vote absentee in the election for which they are serving as a 30 representative. The bill requires that the official’s name be 31 removed from the list of precinct election board members for 32 that election. The bill also lowers the minimum font size for 33 printing the names of political parties or nonparty political 34 organizations on the area of the ballot for straight party 35 -13- LSB 1322XD (5) 87 aw/sc 13/ 14

S.F. _____ H.F. _____ voting. Additionally, current law allows county commissioners 1 of elections to permit individuals to be present at polling 2 places for the purposes of any educational voting program for 3 youth. The bill removes the requirement that the program be 4 for youth. 5 Division IV of the bill, relating to absentee voting, allows 6 tenants of dementia-specific assisted living programs to vote 7 by absentee ballot in the same manner allowed for patients or 8 residents in hospitals or health care facilities. Under the 9 bill, the department of inspections and appeals is required to 10 provide a list of dementia-specific assisted living programs 11 certified under Code section 231C.3, and as defined in rule. 12 Relating to absent voting by overseas citizens, the bill 13 provides that a United States citizen is eligible to vote 14 absentee as a uniformed or overseas voter if the citizen is 15 living outside the United States, has a parent who can vote as 16 a uniformed or overseas voter, and has never resided in the 17 United States, but meets all other requirements for voting. 18 Division V of the bill relates to school elections. The bill 19 specifies that a person appointed to fill a vacancy on a merged 20 area governing board will serve until a member is elected at 21 the next school election or at an intervening special election 22 held for the merged area. This provision takes effect upon 23 enactment and applies retroactively to July 1, 2016. 24 Division V of the bill also requires county commissioners 25 of elections to conduct a special election to fill a vacancy 26 on a school board if a valid petition is filed and if the 27 vacancy occurs after the filing period for the next regular 28 school election has closed. Under current law, such vacancies 29 are required to be filled at the election for which the 30 filing period has closed. Under current Code section 277.4, 31 subsection 1, nomination petitions are required to be filed 32 by not later than 5:00 p.m. on the 40th day before the school 33 election. 34 -14- LSB 1322XD (5) 87 aw/sc 14/ 14