House Study Bill 48 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED SECRETARY OF STATE BILL) 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 1480DP (1) 88 ss/jh
S.F. _____ H.F. _____ 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, the 9 recount shall progress according to the times provided by this 10 subsection . If this subsection applies , the canvass shall be 11 held by the second day after the election, the request for 12 a recount must be made by the third day after the election, 13 the board shall convene to conduct the recount by the sixth 14 day after the election, and the report shall be filed by the 15 eleventh day after the election conducted pursuant to section 16 50.24. The request for a recount must be made by the day after 17 the canvass, and the board shall convene for the first time not 18 later than the first Friday following the canvass. The report 19 shall be filed by the fourteenth day after the election . 20 Sec. 3. Section 260C.12, subsection 1, as amended by 2017 21 Iowa Acts, chapter 155, section 2, is amended to read as 22 follows: 23 1. The board of directors of the merged area shall organize 24 at the first regular meeting following the regular school 25 election or at a special meeting called by the secretary of the 26 board to organize the board in advance of the first regular 27 meeting following the regular school election after the canvass 28 for the regular school election . Organization of the board 29 shall be effected by the election of a president and other 30 officers from the board membership as board members determine. 31 The board of directors shall appoint a secretary and a 32 treasurer who shall each give bond as prescribed in section 33 291.2 and who shall each receive the salary determined by the 34 board. The secretary and treasurer shall perform duties under 35 -1- LSB 1480DP (1) 88 ss/jh 1/ 4
S.F. _____ H.F. _____ chapter 291 and additional duties the board of directors deems 1 necessary. However, the board may appoint one person to serve 2 as the secretary and treasurer. If one person serves as the 3 secretary and treasurer, only one bond is necessary for that 4 person. The frequency of meetings other than organizational 5 meetings shall be as determined by the board of directors but 6 the president or a majority of the members may call a special 7 meeting at any time. 8 Sec. 4. Section 260C.15, subsection 5, as amended by 2017 9 Iowa Acts, chapter 155, section 4, is amended to read as 10 follows: 11 5. The votes cast in the election shall be canvassed and 12 abstracts of the votes cast shall be certified as required by 13 section 277.20 . In each county whose commissioner of elections 14 is responsible under section 47.2 for conducting elections 15 held for a merged area, the county board of supervisors shall 16 convene on the last Monday in November or at the last regular 17 board meeting in November, on the second Monday or Tuesday 18 after the day of the election to canvass the abstracts of votes 19 cast and declare the results of the voting. The commissioner 20 shall at once issue certificates of election to each person 21 declared elected, and shall certify to the merged area board in 22 substantially the manner prescribed by section 50.27 the result 23 of the voting on any public question submitted to the voters 24 of the merged area. Members elected to the board of directors 25 of a merged area shall qualify by taking the oath of office 26 prescribed in section 277.28 . 27 Sec. 5. Section 376.9, subsection 1, Code 2019, is amended 28 to read as follows: 29 1. A runoff election may be held only for positions unfilled 30 because of failure of a sufficient number of candidates to 31 receive a majority vote in the regular city election. When a 32 council has chosen a runoff election in lieu of a primary, the 33 county board of supervisors shall publicly canvass the tally 34 lists of the vote cast in the regular city election, following 35 -2- LSB 1480DP (1) 88 ss/jh 2/ 4
S.F. _____ H.F. _____ the procedures prescribed in section 50.24 , at a meeting to be 1 held on the second day following the regular city election, and 2 beginning no earlier than 1:00 p.m. on that day . Candidates 3 who do not receive a majority of the votes cast for an office, 4 but who receive the highest number of votes cast for that 5 office in the regular city election, to the extent of twice 6 the number of unfilled positions, are candidates in the runoff 7 election. 8 Sec. 6. 2017 Iowa Acts, chapter 155, section 45, is amended 9 to read as follows: 10 SEC. 45. TERM OF OFFICE —— TRANSITION PROVISIONS. 11 1. Notwithstanding the provisions of section 260C.11 12 designating a term of four years for members of a board of 13 directors of a merged area, the term of office for a seat on a 14 board of directors filled at the regular school election held 15 on: 16 a. September 8, 2015, shall expire November 5, 2019 upon 17 the board’s organizational meeting held pursuant to section 18 260C.12, subsection 1 . 19 b. September 12, 2017, shall expire November 2, 2021 upon 20 the board’s organizational meeting held pursuant to section 21 260C.12, subsection 1 . 22 2. Notwithstanding the provisions of section 273.8, 23 subsection 1 , designating a term of four years for members of 24 a board of directors of an area education agency, the term of 25 office for a seat on a board of directors filled by election 26 in: 27 a. September 2015 shall expire November 30, 2019. 28 b. September 2017 shall expire November 30, 2021. 29 3. Notwithstanding the provisions of section 274.7 30 designating a term of four years for members of a board of 31 directors of a school district, the term of office for a seat 32 on a board of directors filled at the regular school election 33 held on: 34 a. September 8, 2015, shall expire November 5, 2019 upon the 35 -3- LSB 1480DP (1) 88 ss/jh 3/ 4
S.F. _____ H.F. _____ board’s organizational meeting held pursuant to section 279.1 . 1 b. September 12, 2017, shall expire November 2, 2021 upon 2 the board’s organizational meeting held pursuant to section 3 279.1 . 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to the administration of combined city and 8 school elections. The bill changes the withdrawal deadline 9 for candidates in a school election from 35 days before the 10 election to 42 days before the election, the same deadline for 11 candidates in a city election. The bill changes the date for 12 a canvass following a municipal election from the Thursday 13 following the election to the Monday or Tuesday following the 14 election. The bill requires a request for a recount in a 15 municipal election to be submitted by the day following the 16 canvass, requires the county board of canvassers to meet by the 17 Friday following the election, and the report on the recount to 18 be filed by the 14th day after the election. 19 The bill requires the board of directors of a merged area 20 to organize at the first regular or special meeting after the 21 canvass of the regular school election. The bill also changes 22 the date of the canvass for an election held in a merged area 23 to the second Monday or Tuesday following an election, the 24 same deadline for a second canvass required of certain cities 25 and school districts pursuant to 2017 Iowa Acts, chapter 155, 26 section 28. 27 The bill changes the expiration date of the terms of office 28 of members of boards of directors of a merged area or school 29 district elected in September 2015 or 2017 to the day of the 30 board’s organizational meeting following the election. 31 -4- LSB 1480DP (1) 88 ss/jh 4/ 4