Senate Study Bill 1237 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON SMITH) A BILL FOR An Act relating to the conduct of elections, including 1 nominations and procedures for proposed amendments to the 2 Iowa Constitution, and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1717XC (15) 89 ss/jh

S.F. _____ Section 1. Section 39.2, subsection 4, paragraph a, Code 1 2021, is amended to read as follows: 2 a. For a county, in an odd-numbered year, the first Tuesday 3 in March, the second Tuesday in September, or the first Tuesday 4 after the first Monday in November. For a county, in an 5 even-numbered year, the first Tuesday in March , or the second 6 Tuesday in September , or the first Tuesday after the first 7 Monday in November . 8 Sec. 2. Section 39.4, Code 2021, is amended to read as 9 follows: 10 39.4 Proclamation concerning revision of Constitution. 11 1. In the years in which the Constitution requires, or at 12 other times when the general assembly by law provides for, a 13 vote on the question of calling a convention and revising the 14 Constitution, the governor shall at least sixty days before the 15 general election issue a proclamation directing that at the 16 general election there be proposed to the people the following 17 question: 18 Shall there be a convention to revise the Constitution, and 19 propose amendment or amendments to same? 20 2. The question proposed pursuant to this section shall be 21 considered a public measure for the purposes of sections 49.43 22 through 49.47. 23 Sec. 3. Section 39.11, Code 2021, is amended to read as 24 follows: 25 39.11 More than one office prohibited. 26 1. Statewide elected officials and members of the general 27 assembly shall not hold more than one elective office at a 28 time. All other elected officials shall not hold more than 29 one elective office at the same level of government at a time. 30 This section does not apply to the following offices: county 31 agricultural extension council or soil and water conservation 32 district commission. 33 2. Notwithstanding subsection 1, an elected official may 34 hold a second elective office if not more than thirty days 35 -1- LSB 1717XC (15) 89 ss/jh 1/ 22

S.F. _____ remain in the term of the first office and the elected official 1 did not seek reelection for the first office in the most recent 2 election. 3 Sec. 4. Section 39.12, Code 2021, is amended to read as 4 follows: 5 39.12 Failure to vacate. 6 An elected official who has been elected to another elective 7 office to which section 39.11 applies shall choose only one 8 office in which to serve unless otherwise permitted pursuant 9 to section 39.11, subsection 2 . The official shall resign 10 from all but one of the offices to which section 39.11 applies 11 before the beginning of the term of the office to which the 12 person was most recently elected unless otherwise permitted 13 pursuant to section 39.11, subsection 2 . Failure to submit the 14 required resignation will result in a vacancy in all the first 15 elective offices office to which the person was elected. 16 Sec. 5. Section 43.11, subsection 1, Code 2021, is amended 17 to read as follows: 18 1. For an elective county office, in the office of the 19 county commissioner not earlier than ninety-two days nor later 20 than 5:00 p.m. on the sixty-ninth seventy-fourth day before the 21 day fixed for holding the primary election. 22 Sec. 6. Section 43.16, subsection 2, paragraph b, Code 2021, 23 is amended to read as follows: 24 b. A person who has filed nomination papers with the 25 commissioner may withdraw as a candidate not later than the 26 sixty-seventh sixty-ninth day before the primary election by 27 notifying the commissioner in writing. 28 Sec. 7. Section 43.23, Code 2021, is amended to read as 29 follows: 30 43.23 Death or withdrawal of primary candidate. 31 1. If a person who has filed nomination papers with the 32 state commissioner as a candidate in a primary election dies 33 or withdraws up to the seventy-sixth day before the primary 34 election, the appropriate convention or central committee of 35 -2- LSB 1717XC (15) 89 ss/jh 2/ 22

S.F. _____ that person’s political party may designate one additional 1 primary election candidate for the nomination that person 2 was seeking, if the designation is submitted to the state 3 commissioner in writing by 5:00 p.m. on the seventy-first day 4 before the date of the primary election. The name of any 5 candidate so submitted shall be included in the appropriate 6 certificate or certificates furnished by the state commissioner 7 under section 43.22 . 8 2. If a person who has filed nomination papers with the 9 commissioner as a candidate in a primary election dies or 10 withdraws up to the sixty-seventh sixty-ninth day before 11 the primary election, the appropriate convention or central 12 committee of that person’s political party may designate one 13 additional primary election candidate for the nomination 14 that person was seeking, if the designation is submitted to 15 the commissioner in writing by 5:00 p.m. on the sixty-third 16 sixty-fourth day before the primary election. The name of 17 any candidate so submitted shall be placed on the appropriate 18 ballot or ballots by the commissioner. 19 Sec. 8. Section 43.24, subsection 1, paragraph a, Code 2021, 20 is amended to read as follows: 21 a. Objections to the legal sufficiency of a nomination 22 petition or certificate of nomination filed or issued under 23 this chapter or to the eligibility of a candidate may be filed 24 in writing by any person who would have the right to vote for 25 the candidate for the office in question. Objections relating 26 to incorrect or incomplete information for information that is 27 required under section 43.14 or 43.18 shall be sustained. 28 Sec. 9. Section 43.24, subsection 1, paragraph b, 29 subparagraph (2), Code 2021, is amended to read as follows: 30 (2) Those filed with the commissioner, not less than 31 sixty-four sixty-seven days before the date of the election, 32 or for certificates of nomination filed under section 43.23 , 33 not less than sixty-two sixty-three days before the date of the 34 election. 35 -3- LSB 1717XC (15) 89 ss/jh 3/ 22

S.F. _____ Sec. 10. Section 43.78, subsection 2, Code 2021, is amended 1 to read as follows: 2 2. The name of any candidate designated to fill a vacancy 3 on the general election ballot in accordance with subsection 4 1 , paragraph “a” , “b” , or “c” shall be submitted in writing 5 to the state commissioner not later than 5:00 p.m. on the 6 seventy-third seventy-sixth day before the date of the general 7 election. 8 Sec. 11. Section 43.79, Code 2021, is amended to read as 9 follows: 10 43.79 Death of candidate after time for withdrawal. 11 The death of a candidate nominated as provided by law for 12 any office to be filled at a general election, during the 13 period beginning on the eighty-first day before the general 14 election, in the case of any candidate whose nomination papers 15 were filed with the state commissioner, or beginning on the 16 seventy-third seventy-fourth day before the general election, 17 in the case of any candidate whose nomination papers were filed 18 with the commissioner, and ending on the last day before at 19 the time the polls close on the day of the general election 20 shall not operate to remove the deceased candidate’s name from 21 the general election ballot. If the deceased candidate was 22 seeking the office of senator or representative in the Congress 23 of the United States, governor, attorney general, senator or 24 representative in the general assembly or county supervisor, 25 section 49.58 shall control. If the deceased candidate was 26 seeking any other office, and as a result of the candidate’s 27 death a vacancy is subsequently found to exist, the vacancy 28 shall be filled as provided by chapter 69 . 29 Sec. 12. Section 44.4, subsection 2, paragraph a, 30 subparagraphs (1) and (2), Code 2021, are amended to read as 31 follows: 32 (1) Those filed with the state commissioner, not less than 33 sixty-eight seventy-four days before the first Tuesday after 34 the first Monday in June in each even-numbered year, or for 35 -4- LSB 1717XC (15) 89 ss/jh 4/ 22

S.F. _____ certificates of nomination filed under subsection 1, paragraph 1 “b” , not less than seventy-four days before the date of the 2 election. 3 (2) Those filed with the commissioner, not less than 4 sixty-four sixty-seven days before the date of the election 5 first Tuesday after the first Monday in June in each 6 even-numbered year , except as provided in subparagraph (3). 7 Sec. 13. Section 44.6, Code 2021, is amended to read as 8 follows: 9 44.6 Hearing before state commissioner. 10 Objections filed with the state commissioner shall be 11 considered by the secretary of state and auditor of state and 12 attorney general, and a majority decision shall be final; but 13 if the objection is to the certificate of nomination of one 14 or more of the above named officers, said officer or officers 15 so objected to shall not pass upon the same, but their places 16 shall be filled, respectively, by the treasurer of state, 17 the governor, and the secretary of agriculture. Objections 18 relating to incorrect or incomplete information for information 19 that is required under section 44.3 shall be sustained. 20 Sec. 14. Section 44.7, Code 2021, is amended to read as 21 follows: 22 44.7 Hearing before commissioner. 23 Except as otherwise provided in section 44.8 , objections 24 filed with the commissioner shall be considered by the county 25 auditor, county treasurer, and county attorney, and a majority 26 decision shall be final. However, if the objection is to the 27 certificate of nomination of one or more of the above named 28 county officers, the officer or officers objected to shall not 29 pass upon the objection, but their places shall be filled, 30 respectively, by the chairperson of the board of supervisors, 31 the sheriff, and the county recorder. Objections relating to 32 incorrect or incomplete information for information that is 33 required under section 44.3 shall be sustained. 34 Sec. 15. Section 44.8, Code 2021, is amended by adding the 35 -5- LSB 1717XC (15) 89 ss/jh 5/ 22

S.F. _____ following new subsection: 1 NEW SUBSECTION . 3. Objections relating to incorrect or 2 incomplete information for information that is required under 3 section 44.3 shall be sustained. 4 Sec. 16. Section 44.9, subsections 1 and 2, Code 2021, are 5 amended to read as follows: 6 1. In the office of the state commissioner, at least 7 sixty-eight eighty-one days before the date of the election , 8 or for withdrawals of nominations filed under section 44.4, 9 subsection 1, paragraph “b” , at least seventy-six days before 10 the date of election . 11 2. In the office of the appropriate commissioner, at least 12 sixty-four seventy-four days before the date of the election, 13 except as otherwise provided in subsection 6 . 14 Sec. 17. Section 44.11, Code 2021, is amended to read as 15 follows: 16 44.11 Vacancies filled. 17 If a candidate named under this chapter withdraws or dies 18 before the deadline established in section 44.9 , declines a 19 nomination, or dies before election day, or if a certificate of 20 nomination is held insufficient or inoperative by the officer 21 with whom it is required to be filed, or in case any objection 22 made to a certificate of nomination, or to the eligibility 23 of any candidate named in the certificate, is sustained by 24 the board appointed to determine such questions, the vacancy 25 or vacancies may be filled by the convention, or caucus, or 26 in such manner as such convention or caucus has previously 27 provided. The vacancy or vacancies shall be filled not less 28 than seventy-four seventy-six days before the election in 29 the case of nominations required to be filed with the state 30 commissioner or not less than seventy-one days for nominations 31 filed under section 44.4, subsection 1, paragraph “b” , not less 32 than sixty-four sixty-nine days before the election in the case 33 of nominations required to be filed with the commissioner, not 34 less than forty-two days before the election in the case of 35 -6- LSB 1717XC (15) 89 ss/jh 6/ 22

S.F. _____ nominations required to be filed in the office of the school 1 board secretary, and not less than forty-two days before the 2 election in the case of nominations required to be filed with 3 the commissioner for city elections. 4 Sec. 18. Section 48A.30, subsection 1, paragraph a, Code 5 2021, is amended to read as follows: 6 a. The registered voter dies. For the purposes of this 7 subsection , the commissioner may accept as evidence of death a 8 notice from the state registrar of vital statistics forwarded 9 by the state registrar of voters, a notice from the federal 10 social security administration, a written statement from a 11 person related to the registered voter within the second degree 12 of consanguinity or first degree of affinity, an obituary 13 in a newspaper or that appears on the internet site of a 14 funeral establishment licensed under chapter 156 or by the 15 proper authority of another state, a written statement from an 16 election official or personal representative of the registered 17 voter’s estate, or a notice from the county recorder of the 18 county where the registered voter died. 19 Sec. 19. Section 49.31, subsection 2, paragraph c, Code 20 2021, is amended to read as follows: 21 c. On the general election ballot the names of candidates 22 for the nonpartisan offices listed in section 39.21 shall 23 be arranged by drawing lots for position. The commissioner 24 shall hold the drawing on the first business day following the 25 deadline for filing of nomination certificates or petitions 26 with the commissioner for the general election pursuant to 27 section 44.4 sixty-eighth day prior to the first Tuesday after 28 the first Monday in November . If a candidate withdraws, dies, 29 or is removed from the ballot after the ballot position of 30 names has been determined, such candidate’s name shall be 31 removed from the ballot, and the order of the remaining names 32 shall not be changed. 33 Sec. 20. NEW SECTION . 49.42B Form of official ballot —— 34 candidates for president and vice president. 35 -7- LSB 1717XC (15) 89 ss/jh 7/ 22

S.F. _____ When candidates for president and vice president of the 1 United States appear on the ballot, the following statement 2 shall appear directly above the section of the ballot listing 3 such candidates: 4 [A ballot cast for the named candidates for president and vice 5 president of the United States is considered to be cast for 6 the slate of presidential electors nominated by the political 7 party, nonparty political organization, or independent 8 candidate.] 9 Sec. 21. Section 49.43, subsection 2, Code 2021, is amended 10 to read as follows: 11 2. Constitutional amendments and other public measures may 12 shall be summarized by the commissioner as provided in sections 13 49.44 and 52.25 . 14 Sec. 22. Section 49.44, subsection 1, Code 2021, is amended 15 to read as follows: 16 1. When a proposed constitutional amendment or other public 17 measure to be decided by the voters of the entire state is to 18 be voted upon, the state commissioner shall prepare a written 19 summary of the amendment or measure including the number of 20 the amendment or statewide public measure assigned by the 21 state commissioner. The summary shall be printed immediately 22 preceding the text of the proposed amendment or measure on the 23 paper ballot or optical scan ballot referred to in section 24 49.43 . If the complete text of the proposed amendment or 25 public measure will not fit on the ballot it shall be posted 26 inside the voting booth. A copy of the full text shall be 27 included with any absentee ballots. 28 Sec. 23. NEW SECTION . 49.47A Public measures —— 29 notification. 30 1. For a public measure that is to approve the issuance of 31 a bond, the county commissioner shall mail notification to all 32 registered voters eligible to vote on the public measure not 33 later than twenty days before the election. The notification 34 shall also be posted prominently in the county commissioner’s 35 -8- LSB 1717XC (15) 89 ss/jh 8/ 22

S.F. _____ office and on the internet site of the county commissioner 1 beginning twenty days before the election and remaining until 2 the time the polls close. 3 2. A notification sent or posted pursuant to this section 4 shall include the current property tax levy, which shall 5 immediately follow the proposed levy, and the term of the bond. 6 The notification shall also include the average increase or 7 decrease in the property tax burden of an average home in each 8 county, as well as the average of such averages if the proposed 9 levy will impact homes in more than one county, according to 10 data provided by the United States census bureau. 11 3. Costs for a notification sent or posted pursuant to this 12 section may be charged to the entity requesting the public 13 measure. 14 Sec. 24. Section 49.53, subsection 1, Code 2021, is amended 15 to read as follows: 16 1. The commissioner shall not less than four nor more than 17 twenty days before the day of each election, except those for 18 which different publication requirements are prescribed by law, 19 publish notice of the election. The notice shall contain a 20 facsimile of the portion of the ballot containing the first 21 rotation as prescribed by section 49.31, subsection 2 , and 22 shall show list the names of all candidates or nominees and the 23 office each seeks, and all public questions, to be voted upon 24 at the election. The sample ballot published as a part of the 25 notice may at the discretion of the commissioner be reduced in 26 size relative to the actual ballot but such reduction shall 27 not cause upper case letters appearing in candidates’ names or 28 in summaries of public measures on the published sample ballot 29 to be less than nine point type. The notice shall also state 30 the date of the election, the hours the polls will be open, 31 that each voter is required to provide identification at the 32 polling place before the voter can receive and cast a ballot, 33 the location of each polling place at which voting is to occur 34 in the election, and the names of the precincts voting at each 35 -9- LSB 1717XC (15) 89 ss/jh 9/ 22

S.F. _____ polling place , but the statement need not set forth any fact 1 which is apparent from the portion of the ballot appearing as 2 a part of the same notice . The notice shall include the full 3 text of all public measures to be voted upon at the election. 4 The notice may contain one or more facsimiles of the portion 5 of the ballot containing the first rotation as prescribed by 6 section 49.31, subsection 2. 7 Sec. 25. Section 49.57, subsection 6, Code 2021, is amended 8 to read as follows: 9 6. A portion of the ballot shall include the words “Official 10 ballot”, the unique identification number or name assigned by 11 the commissioner to the ballot style, the date of the election, 12 and the impression or likeness of the county seal of the county 13 of the commissioner who has caused the ballot to be printed 14 pursuant to section 49.51 . 15 Sec. 26. Section 49.58, subsection 1, Code 2021, is amended 16 to read as follows: 17 1. If any candidate nominated by a political party, 18 as defined in section 43.2 , for the office of senator or 19 representative in the Congress of the United States, governor, 20 attorney general, or senator or representative in the general 21 assembly dies during the period beginning on the eighty-eighth 22 eighty-first day and ending at the time the polls close on the 23 last day before of the general election, or if any candidate 24 so nominated for the office of county supervisor dies during 25 the period beginning on the seventy-third seventy-fourth day 26 and ending at the time the polls close on the last day before 27 of the general election, the vote cast at the general election 28 for that office shall not be canvassed as would otherwise be 29 required by chapter 50 . Instead, a special election shall be 30 held on the first Tuesday after the second Monday in December, 31 for the purpose of electing a person to fill that office. 32 Sec. 27. Section 49.75, Code 2021, is amended to read as 33 follows: 34 49.75 Oath. 35 -10- LSB 1717XC (15) 89 ss/jh 10/ 22

S.F. _____ Before opening the polls, each of the board members shall 1 take the following oath: 2 I, A. B., do solemnly swear or affirm that I will 3 impartially, and to the best of my knowledge and ability, 4 perform the duties of precinct election official of this 5 election, and will studiously endeavor to prevent fraud, 6 deceit, and abuse in conducting the election. 7 I understand that as a precinct election official, I have 8 access to certain information that is considered confidential 9 and is protected under Code chapters 22, 39A, 48A, and 715C. 10 Due to this protected status, I agree to only release this 11 information in accordance with Iowa law. 12 Additionally, I understand that the prohibition on sharing 13 confidential information extends before and after the hours 14 that my assigned polling place is open. 15 Sec. 28. Section 49.78, subsection 4, Code 2021, is amended 16 to read as follows: 17 4. A person who is registered to vote but is unable 18 to present a form of identification under subsection 2 or 19 3 may establish identity and residency in the precinct by 20 written oath of a person who is also registered to vote in 21 the precinct. Before signing an oath under this subsection, 22 the attesting registered voter shall present to the precinct 23 election official proof of the voter’s identity as provided 24 in subsection 2 or 3. The attesting registered voter’s oath 25 shall attest to the stated identity of the person wishing to 26 vote and that the person is a current resident of the precinct. 27 The oath must be signed by the attesting registered voter in 28 the presence of the appropriate precinct election official. 29 A registered voter who has signed two oaths on election day 30 attesting to a person’s identity and residency as provided in 31 this subsection is prohibited from signing any further oaths as 32 provided in this subsection on that day. 33 Sec. 29. Section 49A.6, Code 2021, is amended to read as 34 follows: 35 -11- LSB 1717XC (15) 89 ss/jh 11/ 22

S.F. _____ 49A.6 Certification —— sample ballot. 1 The state commissioner of elections shall, not less than 2 sixty-nine sixty-three days preceding any election at which a 3 constitutional amendment or public measure is to be submitted 4 to a vote of the entire people of the state, transmit to the 5 county commissioner of elections of each county a certified 6 copy of the amendment or measure and a sample of the ballot to 7 be used in such cases, prepared in accordance with law. 8 Sec. 30. Section 50.11, subsection 1, Code 2021, is amended 9 to read as follows: 10 1. When the canvass is completed one of the precinct 11 election officials shall publicly announce the total number of 12 votes received by each of the persons voted for, the office for 13 which the person is designated, as announced by the designated 14 tally keepers, and the number of votes for, and the number of 15 votes against, any proposition which shall have been submitted 16 to a vote of the people. A precinct election official shall 17 may, at the request of the commissioner who is conducting 18 the election, communicate the election results by telephone 19 or and shall deliver the election results in person pursuant 20 to section 50.14 to the commissioner who is conducting the 21 election immediately upon completion of the canvass. 22 Sec. 31. Section 50.12, Code 2021, is amended to read as 23 follows: 24 50.12 Return and preservation of ballots. 25 Immediately after making the proclamation, and before 26 separating, the board members of each precinct in which votes 27 have been received by paper ballot shall enclose in an envelope 28 or other container all ballots which have been counted by them, 29 except those endorsed “Rejected as double”, “Defective”, or 30 “Objected to”, and securely seal the envelope. The signatures 31 of all board members of the precinct shall be placed across 32 the seal or the opening of the container so that it cannot 33 be opened without breaking the seal. The precinct election 34 officials , or a precinct election official not delivering 35 -12- LSB 1717XC (15) 89 ss/jh 12/ 22

S.F. _____ election results in person pursuant to section 50.14, shall 1 return all the ballots to the commissioner on the night of the 2 election , who and the commissioner shall carefully preserve 3 them for six months. Ballots from elections for federal 4 offices shall be preserved for twenty-two months. The sealed 5 packages containing voted ballots shall be opened only for 6 an official recount authorized by section 50.48 , 50.49 , or 7 50.50 , for an election contest held pursuant to chapters 57 8 through 62 , to conduct an audit pursuant to section 50.51 , or 9 to destroy the ballots pursuant to section 50.19 . 10 Sec. 32. NEW SECTION . 50.14 Return of results. 11 When election results are delivered in person to the 12 commissioner who is conducting the election, the printed 13 results and memory device of the voting equipment shall be 14 returned to the commissioner on election night by two precinct 15 election officials who shall be of different political parties 16 in the case of a partisan election. The printed results and 17 memory device shall be returned in a securely sealed envelope 18 with the signatures of all board members of the precinct placed 19 across the seal so that the envelope cannot be opened without 20 breaking the seal. 21 Sec. 33. Section 50.17, Code 2021, is amended to read as 22 follows: 23 50.17 Return of election register. 24 The precinct election register prepared for each election, 25 together with the ballots to be returned pursuant to section 26 50.12 , if any, and the signed and attested tally list, shall be 27 delivered to the commissioner by one of the precinct election 28 officials by noon of the day following the election who does 29 not deliver the election results in person pursuant to section 30 50.14 . 31 Sec. 34. Section 50.23, Code 2021, is amended to read as 32 follows: 33 50.23 Messengers for missing tally lists. 34 The commissioner shall send messengers for all tally lists 35 -13- LSB 1717XC (15) 89 ss/jh 13/ 22

S.F. _____ not received in the commissioner’s office by noon of the day 1 following the election on the night of the election . The 2 expense of securing such tally lists shall be paid by the 3 county. 4 Sec. 35. Section 50.24, subsection 2, Code 2021, is amended 5 to read as follows: 6 2. Upon convening, the board shall open and canvass the 7 tally lists and shall prepare abstracts stating the number of 8 votes cast in the county, or in that portion of the county 9 in which the election was held, for each office and on each 10 question on the ballot for the election. The board shall 11 contact the chairperson of the special precinct board before 12 adjourning and include in the canvass any write-in votes 13 tallied and recorded by the special precinct board or any 14 absentee ballots which were received after the polls closed in 15 accordance with section 53.17 and which were canvassed by the 16 special precinct board after election day. The abstract shall 17 further indicate the name of each person who received votes for 18 each office on the ballot, and the number of votes each person 19 named received for that office, and the number of votes for and 20 against each question submitted to the voters at the election. 21 The votes of all write-in candidates who each received less 22 than five percent of the votes cast for an office or who 23 each received fewer than ten votes and was not determined to 24 be elected shall be reported collectively under the heading 25 “scattering”. 26 Sec. 36. Section 50.51, subsection 5, Code 2021, is amended 27 to read as follows: 28 5. In advance of any all other election elections , the state 29 commissioner may shall order an audit of the election in the 30 manner provided in this section . 31 Sec. 37. Section 53.17A, Code 2021, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 4. The state commissioner shall by February 34 26, 2024, include on the state commissioner’s internet site 35 -14- LSB 1717XC (15) 89 ss/jh 14/ 22

S.F. _____ an application through which a voter can track the voter’s 1 absentee ballot request form and absentee ballot. The 2 application shall provide all of the following information: 3 a. Whether the voter returned a ballot in person, by mail, 4 or by voting in person at a satellite location. 5 b. The date the absentee ballot request form was received by 6 the county commissioner. 7 c. The date the absentee ballot was mailed or given to the 8 voter. 9 d. The date the absentee ballot was received by the county 10 commissioner. 11 e. The date the county commissioner opened the outer 12 envelope. 13 f. Whether there is a problem with the absentee ballot 14 request form or absentee ballot that requires correction by the 15 voter, along with instructions for the voter to contact the 16 county commissioner as soon as possible to resolve the issue. 17 Sec. 38. Section 53.49, Code 2021, is amended to read as 18 follows: 19 53.49 Applicable to armed forces and other citizens. 20 The provisions of this subchapter as to absent voting shall 21 apply only to absent voters in the armed forces of the United 22 States as defined for the purpose of absentee voting in section 23 53.37 . The provisions of sections 53.1 through 53.34 53.33 24 shall apply to all other voters not members of the armed forces 25 of the United States. 26 Sec. 39. Section 54.9, Code 2021, is amended to read as 27 follows: 28 54.9 Compensation. 29 The electors shall each receive a compensation of 30 five dollars one-half of the federal general services 31 administration’s per diem rate for the relevant date and 32 location for every day’s attendance, and the same mileage as 33 members of the general assembly which shall be paid from funds 34 not otherwise appropriated from the general fund of the state. 35 -15- LSB 1717XC (15) 89 ss/jh 15/ 22

S.F. _____ Sec. 40. Section 99F.7, subsection 11, paragraph a, Code 1 2021, is amended to read as follows: 2 a. A license to conduct gambling games in a county shall 3 be issued only if the county electorate approves the conduct 4 of the gambling games as provided in this subsection . The 5 board of supervisors, upon receipt of a valid petition meeting 6 the requirements of section 331.306 , and subject to the 7 requirements of paragraph “e” , shall direct the commissioner of 8 elections to submit to the registered voters of the county a 9 proposition to approve or disapprove the conduct of gambling 10 games in the county. The proposition shall be submitted at an 11 election held on a date specified in section 39.2, subsection 12 4 , paragraph “a” . To be submitted at a general election, the 13 petition must be received by the board of supervisors at least 14 five working days before the last day for candidates for county 15 offices to file nomination papers for the general election 16 pursuant to section 44.4 . If a majority of the county voters 17 voting on the proposition favor the conduct of gambling games, 18 the commission may issue one or more licenses as provided in 19 this chapter . If a majority of the county voters voting on 20 the proposition do not favor the conduct of gambling games, a 21 license to conduct gambling games in the county shall not be 22 issued. 23 Sec. 41. Section 277.4, subsection 4, Code 2021, is amended 24 to read as follows: 25 4. Any person on whose behalf nomination petitions have 26 been filed under this section may withdraw as a candidate by 27 filing a signed statement to that effect with the secretary at 28 any time prior to 5:00 p.m. on the thirty-fifth day before the 29 election consistent with section 44.9, subsection 5 . 30 Sec. 42. Section 331.552, subsection 4, Code 2021, is 31 amended to read as follows: 32 4. a. Keep the official county seal provided by the county. 33 The official seal shall be an impression seal on the face of 34 which shall appear the name of the county, the word “county”, 35 -16- LSB 1717XC (15) 89 ss/jh 16/ 22

S.F. _____ which may be abbreviated, and the word “Iowa”. A county shall 1 have only one official county seal. 2 b. Notwithstanding paragraph “a” , the county commissioner 3 of elections may use a facsimile of the official county seal 4 or a modified facsimile of the official county seal for the 5 purposes of election duties set forth in sections 43.36 and 6 49.51, and section 49.57, subsection 6. If modified, the 7 county seal shall contain the name of the county, the word 8 “county”, which may be abbreviated, the word “auditor”, which 9 may be abbreviated, and the word “Iowa”. 10 Sec. 43. Section 347.25, subsection 1, Code 2021, is amended 11 to read as follows: 12 1. The election of hospital trustees whose offices are 13 established by this chapter or chapter 145A or 347A shall 14 take place at the general election on ballots which shall 15 not reflect a nominee’s political affiliation. Nomination 16 shall be made by petition in accordance with chapter 45 . The 17 petition form shall be furnished by the county commissioner 18 of elections, shall be signed by fifty eligible electors of 19 the county, and shall be filed with the county commissioner 20 of elections at least sixty-nine days before the date of 21 the election . A plurality is sufficient to elect hospital 22 trustees. 23 Sec. 44. Section 376.5, Code 2021, 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 shall be 28 published by the county commissioner of elections as provided 29 in section 362.3 , except that notice of a regular, primary, or 30 runoff election may be published not less than four days before 31 the date of the election. The published notice must contain 32 list the names of all candidates, and may not contain any party 33 designations. The published notice must contain include any 34 question to be submitted to the voters. The notice may contain 35 -17- LSB 1717XC (15) 89 ss/jh 17/ 22

S.F. _____ one or more facsimiles of the portion of the ballot containing 1 the first arrangement of candidates as prescribed by section 2 49.31, subsection 2. 3 Sec. 45. REPEAL. Sections 43.80, 49A.10, 49A.11, and 53.34, 4 Code 2021, are repealed. 5 Sec. 46. REPEAL. 2017 Iowa Acts, chapter 155, section 1, 6 is repealed. 7 Sec. 47. EFFECTIVE DATE. 8 1. Except as otherwise provided, this Act, being deemed of 9 immediate importance, takes effect upon enactment. 10 2. The following take effect January 1, 2022: 11 a. The section of this Act amending section 43.11, 12 subsection 1. 13 b. The section of this Act amending section 43.16, 14 subsection 2, paragraph “b”. 15 c. The section of this Act amending section 43.24, 16 subsection 1, paragraph “b”, subparagraph (2). 17 d. The section of this Act amending section 43.78, 18 subsection 2. 19 e. The section of this Act amending section 43.79. 20 f. The section of this Act amending section 44.4, subsection 21 2, paragraph “a”, subparagraphs (1) and (2). 22 g. The section of this Act amending section 44.9, 23 subsections 1 and 2. 24 h. The section of this Act amending section 44.11. 25 i. The section of this Act amending section 49.58, 26 subsection 1. 27 j. The section of this Act amending section 50.51, 28 subsection 5. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill is related to the conduct of elections. The bill 33 adds the first Tuesday after the first Monday in November of an 34 even-numbered year as an available date for a county to hold a 35 -18- LSB 1717XC (15) 89 ss/jh 18/ 22