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