House File 652 - Introduced HOUSE FILE 652 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 48) A BILL FOR An Act relating to the administration of city and school 1 elections. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1480HV (3) 88 ss/jh
H.F. 652 Section 1. Section 44.9, subsection 3, Code 2019, is amended 1 to read as follows: 2 3. In the office of the proper school board secretary, at 3 least thirty-five forty-two days before the day of a regularly 4 scheduled school election. 5 Sec. 2. Section 50.48, subsection 7, Code 2019, is amended 6 to read as follows: 7 7. If the election is an election held by a city which 8 is not the final election for the office in question a city 9 primary election held pursuant to section 376.7 , the recount 10 shall progress according to the times provided by this 11 subsection . If this subsection applies the canvass shall be 12 held by the second day after the election, the request for 13 a recount must be made by the third day after the election, 14 the board shall convene to conduct the recount by the sixth 15 day after the election, and the report shall be filed by the 16 eleventh eighth day after the election. 17 Sec. 3. Section 50.48, Code 2019, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 8. When a city council has chosen a runoff 20 election pursuant to section 376.9, the recount shall progress 21 according to the times provided by this subsection. If this 22 subsection applies, the canvass shall be conducted pursuant 23 to section 50.24. The request for a recount must be made 24 by the day after the canvass, and the board shall convene 25 for the first time not later than the first Friday following 26 the canvass. The report shall be filed not later than the 27 fourteenth day after the election. 28 Sec. 4. Section 260C.12, subsection 1, as amended by 2017 29 Iowa Acts, chapter 155, section 2, is amended to read as 30 follows: 31 1. The board of directors of the merged area shall organize 32 at the first regular meeting following the regular school 33 election or at a special meeting called by the secretary of the 34 board to organize the board in advance of the first regular 35 -1- LSB 1480HV (3) 88 ss/jh 1/ 7
H.F. 652 meeting following the regular school election after the canvass 1 for the regular school election . Organization of the board 2 shall be effected by the election of a president and other 3 officers from the board membership as board members determine. 4 The board of directors shall appoint a secretary and a 5 treasurer who shall each give bond as prescribed in section 6 291.2 and who shall each receive the salary determined by the 7 board. The secretary and treasurer shall perform duties under 8 chapter 291 and additional duties the board of directors deems 9 necessary. However, the board may appoint one person to serve 10 as the secretary and treasurer. If one person serves as the 11 secretary and treasurer, only one bond is necessary for that 12 person. The frequency of meetings other than organizational 13 meetings shall be as determined by the board of directors but 14 the president or a majority of the members may call a special 15 meeting at any time. 16 Sec. 5. Section 260C.15, subsection 5, as amended by 2017 17 Iowa Acts, chapter 155, section 4, is amended to read as 18 follows: 19 5. The votes cast in the election shall be canvassed and 20 abstracts of the votes cast shall be certified as required by 21 section 277.20 . In each county whose commissioner of elections 22 is responsible under section 47.2 for conducting elections 23 held for a merged area, the county board of supervisors shall 24 convene on the last Monday in November or at the last regular 25 board meeting in November, on the second Monday or Tuesday 26 after the day of the election to canvass the abstracts of votes 27 cast and declare the results of the voting. The commissioner 28 shall at once issue certificates of election to each person 29 declared elected, and shall certify to the merged area board in 30 substantially the manner prescribed by section 50.27 the result 31 of the voting on any public question submitted to the voters 32 of the merged area. Members elected to the board of directors 33 of a merged area shall qualify by taking the oath of office 34 prescribed in section 277.28 . 35 -2- LSB 1480HV (3) 88 ss/jh 2/ 7
H.F. 652 Sec. 6. Section 277.4, subsection 3, Code 2019, is amended 1 to read as follows: 2 3. The secretary of the school board shall accept the 3 petition for filing if on its face it appears to have the 4 requisite number of signatures and if it is timely filed. The 5 secretary of the school board shall note upon each petition 6 and affidavit accepted for filing the date and time that the 7 petition was filed. The secretary of the school board shall 8 deliver all nomination petitions, together with the complete 9 text of any public measure being submitted by the board to the 10 electorate, to the county commissioner of elections on the day 11 following the last day on which nomination petitions can be 12 filed, and not later than 5:00 p.m. 12:00 noon on that day. 13 Sec. 7. Section 279.1, subsection 1, Code 2019, is amended 14 to read as follows: 15 1. The board of directors of each school corporation shall 16 meet and organize at the first regular meeting or at a special 17 meeting called by the secretary of the board to organize the 18 board in advance of the first regular meeting after the canvass 19 for the regular school election at some suitable place to be 20 designated by the secretary. Notice of the place and hour of 21 the meeting shall be given by the secretary to each member and 22 member-elect of the board. 23 Sec. 8. Section 376.5, Code 2019, is amended to read as 24 follows: 25 376.5 Publication of ballot. 26 Notice containing a copy of the ballot for each regular, 27 special, primary, or runoff city election must be published by 28 the county commissioner of elections as provided in section 29 362.3 , except that notice of a regular, primary, or runoff 30 election may be published not less than four days before the 31 date of the election. The published ballot notice must contain 32 the names of all candidates, and may not contain any party 33 designations. The published ballot notice must contain any 34 question to be submitted to the voters. 35 -3- LSB 1480HV (3) 88 ss/jh 3/ 7
H.F. 652 Sec. 9. Section 376.7, Code 2019, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 3. If the city holding a primary 3 election is located in more than one county, the controlling 4 commissioner for that city under section 47.2, subsection 5 2, shall conduct a second canvass on the first Monday or 6 Tuesday after the day of the election. However, if a recount 7 is requested pursuant to section 50.48, the controlling 8 commissioner shall conduct the second canvass within two 9 business days after the conclusion of the recount proceeding. 10 Each commissioner conducting a canvass for the city pursuant 11 to section 50.24, subsection 1, shall transmit abstracts for 12 the offices of that city to the controlling commissioner for 13 that city, along with individual tallies for each write-in 14 candidate. At the second canvass, the county board of 15 supervisors of the county of the controlling commissioner shall 16 canvass the abstracts received pursuant to this subsection and 17 shall prepare a combined city abstract stating the number of 18 votes cast in the city for each office. The combined city 19 abstract shall further indicate the name of each person who 20 received votes for each office on the ballot, and the number of 21 votes each person received for that office. The votes of all 22 write-in candidates who each received less than five percent 23 of the total votes cast in the city for an office shall be 24 reported collectively under the heading “scattering”. 25 Sec. 10. Section 376.9, subsection 1, Code 2019, is amended 26 to read as follows: 27 1. A runoff election may be held only for positions unfilled 28 because of failure of a sufficient number of candidates to 29 receive a majority vote in the regular city election. When a 30 council has chosen a runoff election in lieu of a primary, the 31 county board of supervisors shall publicly canvass the tally 32 lists of the vote cast in the regular city election, following 33 the procedures prescribed in section 50.24 , at a meeting to be 34 held on the second day following the regular city election, and 35 -4- LSB 1480HV (3) 88 ss/jh 4/ 7
H.F. 652 beginning no earlier than 1:00 p.m. on that day . Candidates 1 who do not receive a majority of the votes cast for an office, 2 but who receive the highest number of votes cast for that 3 office in the regular city election, to the extent of twice 4 the number of unfilled positions, are candidates in the runoff 5 election. 6 Sec. 11. 2017 Iowa Acts, chapter 155, section 45, is amended 7 to read as follows: 8 SEC. 45. TERM OF OFFICE —— TRANSITION PROVISIONS. 9 1. Notwithstanding the provisions of section 260C.11 10 designating a term of four years for members of a board of 11 directors of a merged area, the term of office for a seat on a 12 board of directors filled at the regular school election held 13 on: 14 a. September 8, 2015, shall expire November 5, 2019 upon 15 the board’s organizational meeting held pursuant to section 16 260C.12, subsection 1 . 17 b. September 12, 2017, shall expire November 2, 2021 upon 18 the board’s organizational meeting held pursuant to section 19 260C.12, subsection 1 . 20 2. Notwithstanding the provisions of section 273.8, 21 subsection 1 , designating a term of four years for members of 22 a board of directors of an area education agency, the term of 23 office for a seat on a board of directors filled by election 24 in: 25 a. September 2015 shall expire November 30, 2019. 26 b. September 2017 shall expire November 30, 2021. 27 3. Notwithstanding the provisions of section 274.7 28 designating a term of four years for members of a board of 29 directors of a school district, the term of office for a seat 30 on a board of directors filled at the regular school election 31 held on: 32 a. September 8, 2015, shall expire November 5, 2019 upon the 33 board’s organizational meeting held pursuant to section 279.1 . 34 b. September 12, 2017, shall expire November 2, 2021 upon 35 -5- LSB 1480HV (3) 88 ss/jh 5/ 7
H.F. 652 the board’s organizational meeting held pursuant to section 1 279.1 . 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill relates to the administration of combined city and 6 school elections. The bill changes the withdrawal deadline 7 for candidates in a school election from 35 days before the 8 election to 42 days before the election, the same deadline for 9 candidates in a city election. The bill applies the recount 10 provisions of Code section 50.48(7) to city primary elections 11 held pursuant to Code section 376.7 and requires the recount 12 board for such recounts to file a report by the eighth day 13 after the election. 14 The bill changes the timeline for recounts for city runoff 15 elections. The bill requires the canvass for such elections 16 to be held on the first Monday or Tuesday after the day of 17 the election. The bill requires a request for a recount of 18 such an election to be filed by the day after the canvass, and 19 the recount board to convene no later than the first Friday 20 following the canvass. The bill requires the report of the 21 recount board to be filed not later than the fourteenth day 22 after the election. 23 The bill requires the board of directors of a merged area 24 to organize at the first regular or special meeting after the 25 canvass of the regular school election. The bill also changes 26 the date of the canvass for an election held in a merged area 27 to the second Monday or Tuesday following an election, the 28 same deadline for a second canvass required of certain cities 29 and school districts pursuant to 2017 Iowa Acts, chapter 155, 30 section 28. 31 The bill moves the deadline for the secretary of a school 32 board to deliver nomination petitions, along with the text of 33 any public measure being submitted by the school board, from 34 5:00 p.m. on the day following the last day on which petitions 35 -6- LSB 1480HV (3) 88 ss/jh 6/ 7
H.F. 652 can be accepted to noon on that day. 1 The bill allows the board of directors of a school 2 corporation to organize at a special meeting called by the 3 secretary of the board to organize the board after the canvass 4 of an election for school board members. 5 The bill creates rules regarding the canvassing and 6 recounting of primary elections in cities located in more than 7 one county. 8 The bill changes the expiration date of the terms of office 9 of members of boards of directors of a merged area or school 10 district elected in September 2015 or 2017 to the day of the 11 board’s organizational meeting following the election. 12 -7- LSB 1480HV (3) 88 ss/jh 7/ 7