House File 2400 - Reprinted HOUSE FILE 2400 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 586) (As Amended and Passed by the House March 12, 2012 ) A BILL FOR An Act relating to the policy administration of election and 1 voter registration laws by the secretary of state, including 2 changes to the definition of a general election, the voter 3 registration age, absentee voting, the provision of training 4 space for election personnel, the candidate nomination 5 filing requirements for merged area, school district, and 6 city elections, the filling of vacancies in city office, 7 and authorizing certain cities to conduct city elections by 8 absentee ballot, and including effective date provisions. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 HF 2400 (4) 84 aw/sc

H.F. 2400 Section 1. Section 39.3, subsection 7, Code 2011, is amended 1 to read as follows: 2 7. “General election” means the biennial election for 3 national or state officers, members of Congress and of the 4 general assembly, county and township officers, and for the 5 choice of other officers or the decision of questions as 6 provided by law and, where applicable, includes the regular 7 city election described in section 376.1 . 8 Sec. 2. Section 44.4, subsection 1, Code 2011, is amended 9 to read as follows: 10 1. Nominations made pursuant to this chapter and chapter 11 45 which are required to be filed in the office of the state 12 commissioner shall be filed in that office not more than 13 ninety-nine days nor later than 5:00 p.m. on the eighty-first 14 day before the date of the general election to be held in 15 November. Nominations made for a special election called 16 pursuant to section 69.14 shall be filed by 5:00 p.m. not less 17 than twenty-five days before the date of an election called 18 upon at least forty days’ notice and not less than fourteen 19 days before the date of an election called upon at least 20 eighteen days’ notice. Nominations made for a special election 21 called pursuant to section 69.14A shall be filed by 5:00 p.m. 22 not less than twenty-five days before the date of the election. 23 Nominations made pursuant to this chapter and chapter 45 which 24 are required to be filed in the office of the commissioner 25 shall be filed in that office not more than ninety-two days 26 nor later than 5:00 p.m. on the sixty-ninth day before the 27 date of the general election. Nominations made pursuant to 28 this chapter or chapter 45 for city office shall be filed not 29 more than seventy-two days nor later than 5:00 p.m. on the 30 forty-seventh day before the city election with the city clerk 31 county commissioner of elections responsible under section 47.2 32 for conducting elections held for the city , who shall process 33 them as provided by law. 34 Sec. 3. Section 44.4, subsection 2, paragraph a, 35 -1- HF 2400 (4) 84 aw/sc 1/ 17

H.F. 2400 subparagraphs (2) and (3), Code 2011, are amended to read as 1 follows: 2 (2) Those filed with the commissioner, not less than 3 sixty-four days before the date of the election , except as 4 provided in subparagraph (3) . 5 (3) Those filed with the city clerk commissioner for an 6 elective city office , at least forty-two days before the 7 regularly scheduled or special city election. However, for 8 those cities that may be required to hold a primary election, 9 at least sixty-three days before the regularly scheduled or 10 special city election. 11 Sec. 4. Section 44.7, Code 2011, is amended to read as 12 follows: 13 44.7 Hearing before commissioner. 14 Objections Except as otherwise provided in section 44.8, 15 objections filed with the commissioner shall be considered by 16 the county auditor, county treasurer, and county attorney, and 17 a majority decision shall be final; but if the objection is to 18 the certificate of nomination of one or more of the above named 19 county officers, the officer or officers objected to shall not 20 pass upon the objection, but their places shall be filled, 21 respectively, by the chairperson of the board of supervisors, 22 the sheriff, and the county recorder. 23 Sec. 5. Section 44.8, Code 2011, is amended to read as 24 follows: 25 44.8 Hearing before mayor. 26 1. Objections filed with the city clerk commissioner for 27 an elective city office shall be considered by the mayor and 28 clerk and one member of the council chosen by the council by 29 ballot, and a majority decision shall be final; but if the 30 objection is to the certificate of nomination of either of 31 those city officials, that official shall not pass upon said 32 the objection, but the official’s place shall be filled by a 33 member of the council against whom no such objection exists, 34 chosen as above provided. 35 -2- HF 2400 (4) 84 aw/sc 2/ 17

H.F. 2400 2. The hearing shall be held within twenty-four hours of the 1 receipt of the objection if a primary election must be held for 2 the office sought by the candidate against whom the objection 3 has been filed. 4 Sec. 6. Section 44.9, subsections 2, 3, 5, and 6, Code 2011, 5 are amended to read as follows: 6 2. In the office of the proper commissioner, at least 7 sixty-four days before the date of the election , except as 8 otherwise provided in subsections 3, 5, and 6 . 9 3. In the office of the proper school board secretary 10 commissioner , at least thirty-five days before the day of a 11 regularly scheduled school election. 12 5. In the office of the proper commissioner or school board 13 secretary in case of a special election to fill vacancies in an 14 elective school board office , at least twenty-five days before 15 the day of election. 16 6. In the office of the proper city clerk commissioner , at 17 least forty-two days before the regularly scheduled or special 18 city election. However, for those cities that may be required 19 to hold a primary election, at least sixty-three days before a 20 regularly scheduled or special city election. 21 Sec. 7. Section 44.11, Code 2011, is amended to read as 22 follows: 23 44.11 Vacancies filled. 24 If a candidate named under this chapter withdraws before the 25 deadline established in section 44.9 , declines a nomination, 26 or dies before election day, or if a certificate of nomination 27 is held insufficient or inoperative by the officer with whom 28 it is required to be filed, or in case any objection made 29 to a certificate of nomination, or to the eligibility of any 30 candidate named in the certificate, is sustained by the board 31 appointed to determine such questions, the vacancy or vacancies 32 may be filled by the convention, or caucus, or in such manner 33 as such convention or caucus has previously provided. The 34 vacancy or vacancies shall be filled not less than seventy-four 35 -3- HF 2400 (4) 84 aw/sc 3/ 17

H.F. 2400 days before the election in the case of nominations required to 1 be filed with the state commissioner, not less than sixty-four 2 days before the election in the case of nominations required 3 to be filed with the commissioner, not less than thirty-five 4 days before the election in the case of nominations required 5 to be filed in with the office of the school board secretary 6 commissioner for school board elections , and not less than 7 forty-two days before the election in the case of nominations 8 required to be filed with the city clerk commissioner for city 9 elections . 10 Sec. 8. Section 48A.5, subsection 2, paragraph c, Code 2011, 11 is amended to read as follows: 12 c. Be at least eighteen years of age. Completed 13 registration forms shall be accepted from registrants who 14 are at least seventeen and one-half years of age ; however . 15 However , the registration shall not be effective until the 16 registrant reaches the age of eighteen. The commissioner of 17 registration shall ensure that the birth date shown on the 18 registration form is at least seventeen and one-half years 19 earlier than the date the registration is processed. A 20 registrant who is at least seventeen and one-half years of age 21 and who will be eighteen by the date of a pending election is 22 a registered voter for the pending election for purposes of 23 chapter 53 . 24 Sec. 9. Section 48A.14, subsection 1, paragraph b, Code 25 2011, is amended to read as follows: 26 b. The challenged registrant is less than seventeen and 27 one-half years of age. 28 Sec. 10. Section 48A.23, subsection 1, Code 2011, is amended 29 to read as follows: 30 1. At least twice during each school year, the board of 31 directors of each school district operating a high school and 32 the authorities in charge of each accredited nonpublic school 33 shall offer the opportunity to register to vote to each student 34 who is at least seventeen and one-half years of age. 35 -4- HF 2400 (4) 84 aw/sc 4/ 17

H.F. 2400 Sec. 11. Section 48A.26, subsection 9, Code 2011, is amended 1 to read as follows: 2 9. When a person who is at least seventeen and one-half 3 years of age but less than eighteen years of age registers 4 to vote, the commissioner shall maintain a record of the 5 registration so as to clearly indicate that it will not take 6 effect until the registrant’s eighteenth birthday and that the 7 person is registered and qualifies to vote at any election held 8 on or after that date. 9 Sec. 12. Section 48A.31, Code 2011, is amended to read as 10 follows: 11 48A.31 Deceased persons record. 12 The state registrar of vital statistics shall transmit 13 or cause to be transmitted to the state registrar of voters, 14 once each calendar quarter, a certified list of all persons 15 seventeen and one-half years of age and older in the state 16 whose deaths have been reported to the bureau of vital records 17 of the Iowa department of public health since the previous list 18 of decedents was certified to the state registrar of voters. 19 The list shall be submitted according to the specifications 20 of the state registrar of voters. The commissioner shall, in 21 the month following the end of a calendar quarter, run the 22 statewide voter registration system’s matching program to 23 determine whether a listed decedent was registered to vote in 24 the county and shall immediately cancel the registration of any 25 person named on the list of decedents. 26 Sec. 13. Section 49.21, subsection 2, paragraph a, Code 27 2011, is amended to read as follows: 28 a. Upon the application of the commissioner, the authority 29 which has control of any buildings or grounds supported by 30 taxation under the laws of this state shall make available the 31 necessary space therein for the purpose of holding elections, 32 without charge for the use thereof. For a period of thirty days 33 prior to each scheduled election, and upon the application 34 of the commissioner, the authority shall also make such 35 -5- HF 2400 (4) 84 aw/sc 5/ 17

H.F. 2400 buildings or grounds available for training courses related 1 to the election and offered by the commissioner for precinct 2 election officials and other election personnel. Training 3 courses scheduled and conducted pursuant to this paragraph 4 shall not interfere with previously scheduled events at 5 any such buildings or grounds. The commissioner shall only 6 schedule such training courses at buildings or grounds that are 7 accessible to and functional for persons with disabilities. 8 Sec. 14. Section 53.8, subsection 1, Code 2011, is amended 9 to read as follows: 10 1. Upon receipt of an application for an absentee ballot 11 meeting the requirements of section 53.2 and immediately after 12 the absentee ballots are printed but in no case sooner than 13 the fiftieth day before any election for an absentee ballot 14 to be mailed to a location within the United States , the 15 commissioner shall mail an absentee ballot to the applicant 16 within twenty-four hours, except as otherwise provided in 17 subsection 3 . The absentee ballot shall be enclosed in an 18 unsealed envelope bearing a serial number and affidavit. The 19 absentee ballot and unsealed envelope shall be enclosed in or 20 with a return envelope marked postage paid which bears the same 21 serial number as the unsealed envelope. The absentee ballot, 22 unsealed envelope, and return envelope shall be enclosed in 23 a third envelope to be sent to the registered voter. If the 24 ballot cannot be folded so that all of the votes cast on the 25 ballot will be hidden, the commissioner shall also enclose a 26 secrecy envelope with the absentee ballot. 27 Sec. 15. Section 53.10, subsection 1, Code 2011, is amended 28 to read as follows: 29 1. Not more than forty days before the date of the primary 30 election or the general election, the commissioner shall 31 provide facilities for absentee voting in person at the 32 commissioner’s office. This service shall also be provided for 33 other elections as soon as the ballots are ready, but in no 34 case shall absentee ballots be available for absentee voting in 35 -6- HF 2400 (4) 84 aw/sc 6/ 17

H.F. 2400 person more than forty days before an election. 1 Sec. 16. Section 53.11, subsection 1, paragraph a, Code 2 2011, is amended to read as follows: 3 a. Satellite absentee voting stations may be established 4 no sooner than the fortieth day before an election throughout 5 the cities and county at the direction of the commissioner 6 and shall be established upon the commissioner’s receipt 7 of a petition signed by not less than one hundred eligible 8 electors requesting that a satellite absentee voting station 9 be established at a location to be described on the petition 10 of the jurisdiction where the requested satellite absentee 11 voting station is located . However, if a special election 12 is scheduled in the county on a date that falls between 13 the date of the regular city election and the date of the 14 city runoff election, the commissioner is not required to 15 establish a satellite absentee voting station for the city 16 runoff election. The petition shall be on a form prescribed 17 by the state commissioner. The petition form shall include 18 a space to identify the location of the requested satellite 19 absentee voting station, the name, address, and telephone 20 contact information for the person circulating the petition, 21 and the name or number of the precinct in which the station is 22 requested to be located. The petition shall also include space 23 for the petitioner’s signature, residential address, including 24 house number and street, date on which the petition is signed 25 by the petitioner, and a statement that the petitioners are 26 residents of the jurisdiction conducting the election for 27 which the satellite absentee voting station is requested. 28 The commissioner shall reject signatures on petitions if any 29 information required pursuant to this paragraph is not included 30 on the petition. Each petitioner is limited to signing one 31 satellite absentee voting station petition for each election. 32 Duplicate signatures on the same or subsequent satellite 33 absentee voting petitions for a particular election shall not 34 be counted. The commissioner shall post notice of petitions 35 -7- HF 2400 (4) 84 aw/sc 7/ 17

H.F. 2400 received, including the location of the requested satellite 1 absentee voting station and the name or number of the precinct 2 in which the station is requested to be located, on the 3 county’s internet site and at the commissioner’s office. 4 Sec. 17. Section 53.11, subsection 1, Code 2011, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . c. Objections to a petition requesting 7 establishment of a satellite absentee voting station may be 8 filed with the commissioner no later than the second day 9 following the petition filing deadline set forth in subsection 10 2. When objections are filed, notice shall immediately be 11 given to the person identified on the petition as the person 12 circulating the petition. The notice shall be sent to the 13 address provided on the petition by such person, and the 14 notice shall include the time and place of the hearing at 15 which the objections will be considered. The hearing shall 16 be held not later than one week after the objection is filed. 17 The objection process in section 44.7 shall be followed for 18 objections filed pursuant to this section. 19 Sec. 18. Section 260C.15, subsection 3, Code 2011, is 20 amended to read as follows: 21 3. Nomination papers on behalf of candidates for member of 22 the board of directors of a merged area shall be filed with 23 the secretary of the board county commissioner of elections 24 responsible under section 47.2 for conducting elections held 25 for the merged area not earlier than sixty-four days nor later 26 than 5:00 p.m. on the fortieth day prior to the election at 27 which members of the board are to be elected. On the day 28 following No later than the last day on which nomination 29 petitions can be filed, and no later than 5:00 p.m. on that 30 day, the secretary shall deliver all nomination petitions so 31 filed, together with the text of any public measure being 32 submitted by the board of directors to the electorate, to the 33 county commissioner of elections who is responsible under 34 section 47.2 for conducting elections held for the merged area. 35 -8- HF 2400 (4) 84 aw/sc 8/ 17

H.F. 2400 That commissioner shall certify the names of candidates, and 1 the text and summary of any public measure being submitted to 2 the electorate, to all county commissioners of elections in the 3 merged area by the thirty-fifth day prior to the election. 4 Sec. 19. Section 260C.15, subsection 4, paragraph b, Code 5 2011, is amended to read as follows: 6 b. The objection must be filed with the secretary of the 7 board county commissioner of elections responsible under 8 section 47.2 for conducting elections held for the merged area 9 at least thirty-five days before the day of the election at 10 which members of the board are elected. When objections are 11 filed, notice shall immediately be given to the candidate 12 affected, addressed to the candidate’s place of residence as 13 given on the candidate’s affidavit, stating that objections 14 have been made to the legal sufficiency of the petition or to 15 the eligibility of the candidate, and also stating the time and 16 place the objections will be considered. The board secretary 17 county commissioner shall also attempt to notify the candidate 18 by telephone if the candidate provided a telephone number on 19 the candidate’s affidavit. 20 Sec. 20. Section 260C.15, Code 2011, is amended by adding 21 the following new subsection: 22 NEW SUBSECTION . 4A. A candidate nominated under this 23 section may withdraw the candidate’s nomination by a written 24 request filed with the county commissioner of elections 25 responsible under section 47.2 for conducting elections held 26 for the merged area at least thirty-five days before the day of 27 the election at which members of the board are elected. 28 Sec. 21. Section 275.25, subsection 1, paragraph b, Code 29 2011, is amended to read as follows: 30 b. The election shall be conducted as provided in section 31 277.3 , and nomination petitions shall be filed pursuant to 32 section 277.4 , except as otherwise provided in this subsection . 33 Nomination petitions shall be filed with the secretary of the 34 board of county commissioner of elections responsible under 35 -9- HF 2400 (4) 84 aw/sc 9/ 17

H.F. 2400 section 47.2 for conducting elections held for the existing 1 school district in which the candidate resides not less than 2 twenty-eight days before the date set for the special school 3 election. The secretary of the board commissioner , or the 4 secretary’s commissioner’s designee, shall be present in the 5 secretary’s commissioner’s office until five 5:00 p.m. on the 6 final day to file the nomination papers. The nomination papers 7 shall be delivered to the commissioner no later than five 5:00 8 p.m. on the twenty-seventh day before the election. 9 Sec. 22. Section 277.4, subsections 1, 3, and 4, Code 2011, 10 are amended to read as follows: 11 1. Nomination papers for all candidates for election 12 to office in each school district shall be filed with the 13 secretary of the school board county commissioner of elections 14 responsible under section 47.2 for conducting elections held 15 for the school district not more than sixty-four days, nor less 16 than forty days before the election. Nomination petitions 17 shall be filed not later than 5:00 p.m. on the last day for 18 filing. If the school board secretary is not readily available 19 during normal office hours, the secretary may designate a 20 full-time employee of the school district who is ordinarily 21 available to accept nomination papers under this section . On 22 the final date for filing nomination papers the office of the 23 school secretary county commissioner shall remain open until 24 5:00 p.m. 25 3. The secretary of the school board county commissioner 26 shall accept the petition for filing if on its face it appears 27 to have the requisite number of signatures and if it is timely 28 filed. The secretary of the school board county commissioner 29 shall note upon each petition and affidavit accepted for filing 30 the date and time that the petition was filed. The secretary 31 of the school board shall deliver all nomination petitions, 32 together with the complete text of any public measure being 33 submitted by the board to the electorate, to the county 34 commissioner of elections on the day following no later than 35 -10- HF 2400 (4) 84 aw/sc 10/ 17

H.F. 2400 the last day on which nomination petitions can be filed, and 1 not later than 5:00 p.m. on that day. 2 4. Any person on whose behalf nomination petitions have been 3 filed under this section may withdraw as a candidate by filing 4 a signed statement to that effect with the secretary county 5 commissioner of elections responsible under section 47.2 for 6 conducting elections held for the school district at any time 7 prior to 5:00 p.m. on the thirty-fifth day before the election. 8 Sec. 23. Section 277.5, Code 2011, is amended to read as 9 follows: 10 277.5 Objections to nominations. 11 1. Objections to the legal sufficiency of a nomination 12 petition or to the eligibility of a candidate may be filed by 13 any person who would have the right to vote for a candidate for 14 the office in question. The objection must be filed with the 15 secretary of the school board county commissioner of elections 16 responsible under section 47.2 for conducting elections held 17 for the school district at least thirty-five days before 18 the day of the school election. When objections are filed 19 notice shall forthwith be given to the candidate affected, 20 addressed to the candidate’s place of residence as given on the 21 candidate’s affidavit, stating that objections have been made 22 to the legal sufficiency of the petition or to the eligibility 23 of the candidate, and also stating the time and place the 24 objections will be considered. 25 2. Objections shall be considered not later than two working 26 days following the receipt of the objections by the president 27 of the school board, the secretary of the school board, and 28 one additional member of the school board chosen by ballot. 29 If objections have been filed to the nominations of either of 30 those school officials, that official shall not pass on the 31 objection. The official’s place shall be filled by a member 32 of the school board against whom no objection exists. The 33 replacement shall be chosen by ballot. 34 Sec. 24. Section 280.9A, subsection 3, Code 2011, is amended 35 -11- HF 2400 (4) 84 aw/sc 11/ 17

H.F. 2400 to read as follows: 1 3. At least twice during each school year, the board of 2 directors of each local public school district operating a 3 high school and the authorities in charge of each accredited 4 nonpublic school operating a high school shall offer the 5 opportunity to register to vote to each student who is at least 6 seventeen and one-half years of age, as required by section 7 48A.23 . 8 Sec. 25. Section 372.13, subsection 2, paragraph a, Code 9 2011, is amended to read as follows: 10 a. (1) By appointment by the remaining members of the 11 council, except that if the remaining members do not constitute 12 a quorum of the full membership, paragraph “b” shall be 13 followed. The appointment shall be made within forty days 14 after the vacancy occurs and shall be for the period until the 15 next pending election as defined in section 69.12 , and shall 16 be made within forty days after the vacancy occurs general 17 election for a city described in section 39.3, subsection 7, or 18 the regular city election described in section 376.1, unless 19 there is an intervening special election in that city, in which 20 event the election for the office shall be placed on the ballot 21 at such special election . If the council fails to make an 22 appointment within forty days as required by this subsection, 23 the city clerk shall give notice of the vacancy to the county 24 commissioner and the county commissioner shall call a special 25 election to fill the vacancy at the earliest practicable date 26 but no fewer than thirty-two days after the notice is received 27 by the county commissioner. 28 (2) If the council chooses to proceed under this paragraph, 29 it shall publish notice in the manner prescribed by section 30 362.3 , stating that the council intends to fill the vacancy 31 by appointment but that the electors of the city or ward, as 32 the case may be, have the right to file a petition requiring 33 that the vacancy be filled by a special election. The council 34 may publish notice in advance if an elected official submits 35 -12- HF 2400 (4) 84 aw/sc 12/ 17

H.F. 2400 a resignation to take effect at a future date. The council 1 may make an appointment to fill the vacancy after the notice 2 is published or after the vacancy occurs, whichever is later. 3 However, if within fourteen days after publication of the 4 notice or within fourteen days after the appointment is made, 5 there is filed with the city clerk a petition which requests a 6 special election to fill the vacancy, an appointment to fill 7 the vacancy is temporary and the council shall call a special 8 election to fill the vacancy permanently, under paragraph “b” . 9 The number of signatures of eligible electors of a city for a 10 valid petition shall be determined as follows: 11 (1) (a) For a city with a population of ten thousand or 12 less, at least two hundred signatures or at least the number of 13 signatures equal to fifteen percent of the voters who voted for 14 candidates for the office at the preceding regular election at 15 which the office was on the ballot, whichever number is fewer. 16 (2) (b) For a city with a population of more than ten 17 thousand but not more than fifty thousand, at least one 18 thousand signatures or at least the number of signatures equal 19 to fifteen percent of the voters who voted for candidates for 20 the office at the preceding regular election at which the 21 office was on the ballot, whichever number is fewer. 22 (3) (c) For a city with a population of more than fifty 23 thousand, at least two thousand signatures or at least the 24 number of signatures equal to ten percent of the voters who 25 voted for candidates for the office at the preceding regular 26 election at which the office was on the ballot, whichever 27 number is fewer. 28 (4) (d) The minimum number of signatures for a valid 29 petition pursuant to subparagraphs (1) through (3) shall not 30 be fewer than ten. In determining the minimum number of 31 signatures required, if at the last preceding election more 32 than one position was to be filled for the office in which the 33 vacancy exists, the number of voters who voted for candidates 34 for the office shall be determined by dividing the total number 35 -13- HF 2400 (4) 84 aw/sc 13/ 17

H.F. 2400 of votes cast for the office by the number of seats to be 1 filled. 2 Sec. 26. Section 376.1, Code 2011, is amended to read as 3 follows: 4 376.1 City election held —— absentee ballot elections 5 authorized . 6 1. A city shall hold a regular city election on the first 7 Tuesday after the first Monday in November of each odd-numbered 8 year. A city shall hold regular, special, primary, or runoff 9 city elections as provided by state law. 10 2. The mayor or council shall give notice of any special 11 election to the county commissioner of elections. The county 12 commissioner of elections shall publish notice of any city 13 election and conduct the election pursuant to the provisions of 14 chapters 39 to 53 , except as otherwise specifically provided 15 in chapters 362 to 392 . The results of any election shall be 16 canvassed by the county board of supervisors and certified 17 by the county commissioner of elections to the mayor and the 18 council of the city for which the election is held. 19 3. a. The council of a city with a population of two 20 hundred or less according to the most recent federal decennial 21 census may adopt an ordinance providing that elections be 22 conducted by absentee ballot. If the city council adopts 23 such an ordinance, the clerk shall notify the commissioner 24 of elections of the adoption of the ordinance, and the 25 commissioner shall mail an absentee ballot application form 26 by forwardable mail to each registered voter within the city 27 who is on active status pursuant to section 48A.37 no fewer 28 than twenty-five days before each regular city election or 29 special election for the city. The commissioner shall also 30 enclose a postage paid return envelope and a notice in the form 31 prescribed by the state commissioner informing the voter that 32 voting in person on election day will also be available at the 33 commissioner’s office during the time the polls are open. The 34 commissioner may designate one additional election day polling 35 -14- HF 2400 (4) 84 aw/sc 14/ 17

H.F. 2400 site for a city that adopts an ordinance pursuant to this 1 subsection. The location of the additional polling site shall 2 be included in the notice to the voter. 3 b. The provisions of chapter 53, insofar as applicable, 4 shall apply to absentee ballot elections authorized under this 5 section. 6 Sec. 27. Section 376.4, subsection 1, paragraph a, Code 7 2011, is amended to read as follows: 8 a. An eligible elector of a city may become a candidate 9 for an elective city office by filing with the city clerk 10 county commissioner of elections responsible under section 47.2 11 for conducting elections held for the city a valid petition 12 requesting that the elector’s name be placed on the ballot 13 for that office. The petition must be filed not more than 14 seventy-one days and not less than forty-seven days before the 15 date of the election, and must be signed by eligible electors 16 equal in number to at least two percent of those who voted to 17 fill the same office at the last regular city election, but not 18 less than ten persons. However, for those cities which may be 19 required to hold a primary election, the petition must be filed 20 not more than eighty-five days and not less than sixty-eight 21 days before the date of the regular city election. Nomination 22 petitions shall be filed not later than 5:00 p.m. on the last 23 day for filing. 24 Sec. 28. Section 376.4, subsections 3, 4, and 5, Code 2011, 25 are amended to read as follows: 26 3. If the city clerk is not readily available during normal 27 office hours, the city clerk shall designate other employees or 28 officials of the city who are ordinarily available to accept 29 nomination papers under this section . On the final date for 30 filing nomination papers the office of the city clerk county 31 commissioner shall remain open until 5:00 p.m. 32 4. The city clerk county commissioner shall review each 33 petition and affidavit of candidacy for completeness following 34 the standards in section 45.5 and shall accept the petition 35 -15- HF 2400 (4) 84 aw/sc 15/ 17

H.F. 2400 for filing if on its face it appears to have the requisite 1 number of signatures and if it is timely filed. The city 2 clerk county commissioner shall note upon each petition and 3 affidavit accepted for filing the date and time that they were 4 filed. The clerk county commissioner shall return any rejected 5 nomination papers to the person on whose behalf the nomination 6 papers were filed. 7 5. Nomination papers filed with the city clerk county 8 commissioner shall be available for public inspection. 9 6. The city clerk shall deliver all nomination papers 10 together with the text of any public measure being submitted by 11 the city council to the electorate to the county commissioner 12 of elections on the day following no later than the last day 13 on which nomination petitions can be filed, and not later than 14 5:00 p.m. on that day. 15 Sec. 29. Section 602.8102, subsection 15, Code 2011, is 16 amended to read as follows: 17 15. Monthly, notify the county commissioner of registration 18 and the state registrar of voters of persons seventeen and 19 one-half years of age and older who have been convicted of a 20 felony during the preceding calendar month or persons who at 21 any time during the preceding calendar month have been legally 22 declared to be a person who is incompetent to vote as that term 23 is defined in section 48A.2 . 24 Sec. 30. REPEAL. Section 53.14, Code 2011, is repealed. 25 Sec. 31. EFFECTIVE DATE. The following provision or 26 provisions of this Act take effect January 1, 2014: 27 1. The section of this Act amending section 48A.5, 28 subsection 2. 29 2. The section of this Act amending section 48A.14, 30 subsection 1. 31 3. The section of this Act amending section 48A.23, 32 subsection 1. 33 4. The section of this Act amending section 48A.26, 34 subsection 9. 35 -16- HF 2400 (4) 84 aw/sc 16/ 17