House File 566 - Reprinted HOUSE FILE 566 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 166) (As Amended and Passed by the House March 22, 2017 ) A BILL FOR An Act relating to political subdivision elections by changing 1 the date of the election of directors of local school 2 districts, merged areas, and area education agency boards, 3 by providing for the combined administration of regular 4 and special school and city elections, making changes to 5 the administration of elections for political subdivisions 6 located in more than one county, establishing requirements 7 for ballot arrangement and placement for political 8 subdivision offices, and including effective date and 9 applicability and transition provisions. 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 11 HF 566 (5) 87 aw/sc/rj/md
H.F. 566 DIVISION I 1 ELECTION DAY FOR REGULAR SCHOOL ELECTIONS 2 Section 1. Section 39.2, subsection 4, paragraph c, Code 3 2017, is amended to read as follows: 4 c. For a school district or merged area, in the odd-numbered 5 year, the first Tuesday in February March , the first Tuesday in 6 April May , the last first Tuesday in June August , or the second 7 first Tuesday after the first Monday in September November . 8 For a school district or merged area, in the even-numbered 9 year, the first Tuesday in February March , the first Tuesday 10 in April May , the second first Tuesday in September August , or 11 the first Tuesday in December. 12 Sec. 2. Section 260C.12, subsection 1, Code 2017, is amended 13 to read as follows: 14 1. The board of directors of the merged area shall 15 organize at the first regular meeting in October following the 16 regular school election or at a special meeting called by the 17 secretary of the board to organize the board in advance of the 18 first regular meeting following the regular school election . 19 Organization of the board shall be effected by the election 20 of a president and other officers from the board membership 21 as board members determine. The board of directors shall 22 appoint a secretary and a treasurer who shall each give bond 23 as prescribed in section 291.2 and who shall each receive the 24 salary determined by the board. The secretary and treasurer 25 shall perform duties under chapter 291 and additional duties 26 the board of directors deems necessary. However, the board may 27 appoint one person to serve as the secretary and treasurer. 28 If one person serves as the secretary and treasurer, only one 29 bond is necessary for that person. The frequency of meetings 30 other than organizational meetings shall be as determined by 31 the board of directors but the president or a majority of the 32 members may call a special meeting at any time. 33 Sec. 3. Section 260C.13, subsection 1, Code 2017, is amended 34 to read as follows: 35 -1- HF 566 (5) 87 aw/sc/rj/md 1/ 22
H.F. 566 1. The board of a merged area may change the number of 1 directors on the board and shall make corresponding changes 2 in the boundaries of director districts. Changes shall be 3 completed not later than June August 1 of the year of the 4 regular school election. As soon as possible after adoption 5 of the boundary changes, notice of changes in the director 6 district boundaries shall be submitted by the merged area to 7 the county commissioner of elections in all counties included 8 in whole or in part in the merged area. 9 Sec. 4. Section 260C.15, subsection 5, Code 2017, is amended 10 to read as 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 September November or at the 17 last regular board meeting in September November , canvass the 18 abstracts of votes cast and declare the results of the voting. 19 The commissioner shall at once issue certificates of election 20 to each person declared elected, and shall certify to the 21 merged area board in substantially the manner prescribed by 22 section 50.27 the result of the voting on any public question 23 submitted to the voters of the merged area. Members elected to 24 the board of directors of a merged area shall qualify by taking 25 the oath of office prescribed in section 277.28 . 26 Sec. 5. Section 273.8, subsection 2, paragraphs a and b, 27 Code 2017, are amended to read as follows: 28 a. Notice of the election shall be published by the area 29 education agency administrator not later than July September 15 30 of the odd-numbered year in at least one newspaper of general 31 circulation in the director district. The cost of publication 32 shall be paid by the area education agency. 33 b. A candidate for election to the area education agency 34 board shall file a statement of candidacy with the area 35 -2- HF 566 (5) 87 aw/sc/rj/md 2/ 22
H.F. 566 education agency secretary not later than August October 15 of 1 the odd-numbered year, on forms prescribed by the department 2 of education. The statement of candidacy shall include the 3 candidate’s name, address, and school district. The list of 4 candidates shall be sent by the secretary of the area education 5 agency in ballot form by certified mail to the presidents of 6 the boards of directors of all school districts within the 7 director district not later than September November 1. In 8 order for the ballot to be counted, the ballot must be received 9 in the secretary’s office by the end of the normal business 10 day on September November 30 or be clearly postmarked by an 11 officially authorized postal service not later than September 12 November 29 and received by the secretary not later than noon 13 on the first Monday following September November 30. 14 Sec. 6. Section 273.8, subsection 4, paragraph a, Code 2017, 15 is amended to read as follows: 16 a. The board of directors of each area education agency 17 shall meet and organize at the first regular meeting in October 18 December following the regular school election at a suitable 19 place designated by the president. Directors whose terms 20 commence at the organizational meeting shall qualify by taking 21 the oath of office required by section 277.28 at or before the 22 organizational meeting. 23 Sec. 7. Section 273.8, subsection 6, Code 2017, is amended 24 to read as follows: 25 6. Change in directors. The board of an area education 26 agency may change the number of directors on the board and 27 shall make corresponding changes in the boundaries of director 28 districts. Changes shall be completed not later than July 29 September 1 of a fiscal the odd-numbered year for the director 30 district conventions to be held the following September 31 November . 32 Sec. 8. Section 277.1, Code 2017, is amended to read as 33 follows: 34 277.1 Regular election. 35 -3- HF 566 (5) 87 aw/sc/rj/md 3/ 22
H.F. 566 The regular election shall be held biennially on the second 1 first Tuesday after the first Monday in September November of 2 each odd-numbered year in each school district for the election 3 of officers of the district and merged area and for the purpose 4 of submitting to the voters any matter authorized by law. 5 Sec. 9. EFFECTIVE DATE. This division of this Act takes 6 effect July 1, 2019. 7 Sec. 10. APPLICABILITY. 8 1. This division of this Act applies to regular school 9 elections held on or after November 5, 2019, and to the terms 10 of office of directors of local school districts, merged areas, 11 and area education agencies commencing on or after that date. 12 2. Under this division of this Act, the regular school 13 elections previously scheduled to be held in September 2019 14 shall be held in November 2019. 15 DIVISION II 16 COMBINED ADMINISTRATION OF CITY AND SCHOOL ELECTIONS 17 Sec. 11. Section 39.2, subsection 1, paragraph b, Code 2017, 18 is amended to read as follows: 19 b. A special election shall not be held in conjunction with 20 the primary election. A special election shall not be held in 21 conjunction with a school election unless the special election 22 is for a school district or community college. A special 23 election shall not be held in conjunction with a regularly 24 scheduled or special city primary or city runoff election. 25 Sec. 12. Section 39.2, subsection 2, Code 2017, is amended 26 to read as follows: 27 2. Except as otherwise provided in subsection 1 , a special 28 election may be held on the same day as a regularly scheduled 29 election if the two elections are not in conflict within the 30 meaning of section 47.6, subsection 2 . A special election 31 may be held on the same day as a regularly scheduled election 32 with which it does so conflict if the commissioner who is 33 responsible for conducting the elections concludes that to do 34 so will cause no undue difficulties , except that a special 35 -4- HF 566 (5) 87 aw/sc/rj/md 4/ 22
H.F. 566 election for a city, school district, or merged area shall not 1 be scheduled to coincide with the general election . 2 Sec. 13. Section 39.2, subsection 4, paragraph b, Code 2017, 3 is amended to read as follows: 4 b. For a city, on the day of the general election, on the 5 day of the regular city election, on the date of a special 6 election held to fill a vacancy in the same city, or on in 7 the odd-numbered year, the first Tuesday in March, the first 8 Tuesday in May, or the first Tuesday in August of each year , or 9 the first Tuesday after the first Monday in November . For a 10 city, in the even-numbered year, the first Tuesday in March, 11 the first Tuesday in May, the first Tuesday in August, or the 12 first Tuesday in December. 13 Sec. 14. Section 44.11, Code 2017, is amended to read as 14 follows: 15 44.11 Vacancies filled. 16 If a candidate named under this chapter withdraws before the 17 deadline established in section 44.9 , declines a nomination, 18 or dies before election day, or if a certificate of nomination 19 is held insufficient or inoperative by the officer with whom 20 it is required to be filed, or in case any objection made 21 to a certificate of nomination, or to the eligibility of any 22 candidate named in the certificate, is sustained by the board 23 appointed to determine such questions, the vacancy or vacancies 24 may be filled by the convention, or caucus, or in such manner 25 as such convention or caucus has previously provided. The 26 vacancy or vacancies shall be filled not less than seventy-four 27 days before the election in the case of nominations required 28 to be filed with the state commissioner, not less than 29 sixty-four days before the election in the case of nominations 30 required to be filed with the commissioner, not less than 31 thirty-five forty-two days before the election in the case of 32 nominations required to be filed in the office of the school 33 board secretary, and not less than forty-two days before the 34 election in the case of nominations required to be filed with 35 -5- HF 566 (5) 87 aw/sc/rj/md 5/ 22
H.F. 566 the commissioner for city elections. 1 Sec. 15. Section 47.2, subsection 2, Code 2017, is amended 2 to read as follows: 3 2. When an election is to be held as required by law or 4 is called by a political subdivision of the state and the 5 political subdivision is located in more than one county, the 6 county commissioner of elections of each of those counties 7 shall conduct that election within the commissioner’s county. 8 However, the commissioner for the county having the greatest 9 taxable base within the political subdivision shall conduct 10 that election serve as the controlling commissioner for 11 the election . The controlling commissioner shall receive 12 all nomination papers and public measures for the political 13 subdivision. By the forty-first day prior to the election, the 14 controlling commissioner shall certify the names of candidates 15 and the text and summary of any public measure being submitted 16 to the electorate to all county commissioners of elections 17 required to conduct elections for the political subdivision. 18 The county commissioners of elections of the other counties 19 in which the political subdivision is located shall cooperate 20 with the county controlling commissioner of elections who is 21 conducting the election . 22 Sec. 16. Section 47.6, subsection 2, Code 2017, is amended 23 to read as follows: 24 2. For the purpose of this section , a conflict between 25 two elections exists only when one of the elections would 26 require use of precinct boundaries which differ from those 27 to be used for the other election, or when some but not all 28 of the registered voters of any precinct would be entitled 29 to vote in one of the elections and all of the registered 30 voters of the same precinct would be entitled to vote in 31 the other election. Nothing in this subsection shall deny 32 a commissioner discretionary authority to approve holding a 33 special election on the same date as another election, even 34 though the two elections may be defined as being in conflict, 35 -6- HF 566 (5) 87 aw/sc/rj/md 6/ 22
H.F. 566 if the commissioner concludes that to do so will cause no undue 1 difficulties. 2 Sec. 17. Section 49.9, Code 2017, is amended to read as 3 follows: 4 49.9 Proper place of voting. 5 Except as provided in section 49.11, subsection 3 , paragraph 6 “b” , and as required by the designation of a commissioner 7 pursuant to section 49.21, subsection 1, a person shall not 8 vote in any precinct but that of the person’s residence. 9 Sec. 18. Section 49.21, subsection 1, Code 2017, is amended 10 to read as follows: 11 1. a. It is the responsibility of the commissioner to 12 designate a polling place for each precinct in the county. 13 Notwithstanding any provision of law to the contrary, for 14 city and school elections the commissioner shall, whenever 15 practicable, designate polling places so that an eligible 16 elector will be assigned to vote at the same polling place 17 at which the eligible elector would be assigned to vote at 18 the general election. However, if a city does not have a 19 polling place designated for the general election precinct, the 20 commissioner may designate an additional polling place for the 21 precinct in that city. 22 b. Each polling place designated shall be accessible to 23 persons with disabilities. However, if the commissioner is 24 unable to provide an accessible polling place for a precinct, 25 the commissioner shall apply for a temporary waiver of the 26 accessibility requirement. The state commissioner shall adopt 27 rules in accordance with chapter 17A prescribing standards 28 for determining whether a polling place is accessible and the 29 process for applying for a temporary waiver of accessibility. 30 Sec. 19. Section 49.30, Code 2017, is amended to read as 31 follows: 32 49.30 All candidates and issues on one ballot —— exceptions. 33 1. All constitutional amendments, all public measures, and 34 the names of all candidates, other than presidential electors, 35 -7- HF 566 (5) 87 aw/sc/rj/md 7/ 22
H.F. 566 to be voted for in each election precinct, shall be printed on 1 one ballot, except that separate ballots are authorized when it 2 is not possible to include all offices and public measures on a 3 single ballot. In the event that it is not possible to include 4 all offices and public measures on a single ballot, separate 5 ballots may be provided for nonpartisan offices, judges, or 6 public measures. 7 2. If printed on the same ballot, the offices of political 8 subdivisions shall, if applicable, be printed in the following 9 order: 10 a. Those of a county. 11 b. Those of a city. 12 c. Those of a school district. 13 d. Those of a merged area. 14 e. Those of any other political subdivision. 15 3. If printed on the same ballot, the public measures of 16 political subdivisions shall be printed in the same order as 17 provided for offices of the political subdivisions. 18 Sec. 20. Section 49.31, subsection 2, paragraph b, Code 19 2017, is amended to read as follows: 20 b. The commissioner shall then arrange the surnames of each 21 political party’s candidates for each office to which two or 22 more persons are to be elected at large alphabetically for 23 the respective offices for the first precinct on the list; 24 thereafter, for each political party and for each succeeding 25 precinct, the names appearing first for the respective offices 26 in the last preceding precinct shall be placed last, so that 27 the names that were second before the change shall be first 28 after the change. The commissioner may also rotate the names 29 of candidates of a political party in the reverse order of that 30 provided in this subsection or alternate the rotation so that 31 the candidates of different parties shall not be paired as they 32 proceed through the rotation. The procedure for arrangement 33 of names on ballots provided in this section shall likewise be 34 substantially followed in elections in political subdivisions 35 -8- HF 566 (5) 87 aw/sc/rj/md 8/ 22
H.F. 566 of less than a county. 1 Sec. 21. Section 49.31, subsection 2, Code 2017, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . d. On the regular and special city election 4 and school election ballots the names of candidates for city, 5 school district, and merged area offices shall be arranged 6 by drawing lots for position. The commissioner shall hold 7 the drawing on the second business day following the deadline 8 for filing of nomination papers or petitions under sections 9 260C.15, 277.4, and 376.4. If a candidate withdraws, dies, or 10 is removed from the ballot after the ballot position of names 11 has been determined, such candidate’s name shall be removed 12 from the ballot, and the order of the remaining names shall not 13 be changed. 14 Sec. 22. Section 49.31, subsection 3, Code 2017, is amended 15 to read as follows: 16 3. The Except as otherwise provided in subsection 2, 17 paragraph “d” , the ballots for any city elections, school 18 elections, special election , or any other election at which 19 any office is to be filled on a nonpartisan basis and the 20 statutes governing the office to be filled are silent as to 21 the arrangement of names on the ballot, shall contain the 22 names of all nominees or candidates arranged in alphabetical 23 order by surname under the heading of the office to be filled. 24 When Except as otherwise provided in subsection 2, paragraph 25 “d” , when a city election, school election, special election , 26 or any other election at which an office is to be filled on 27 a nonpartisan basis , is held in more than one precinct, the 28 candidates’ names shall be rotated on the ballot from precinct 29 to precinct in the manner prescribed by subsection 2 unless 30 there are no more candidates for an office than the number of 31 persons to be elected to that office. 32 Sec. 23. Section 49.41, subsection 1, paragraph a, Code 33 2017, is amended to read as follows: 34 a. A person shall not be a candidate for more than one 35 -9- HF 566 (5) 87 aw/sc/rj/md 9/ 22
H.F. 566 office to be filled at the same election , except that a person 1 may be a candidate for a city office and school board office at 2 the same election . A person who has been nominated for more 3 than one office and is prohibited from being a candidate for 4 more than one office shall file a written notice declaring the 5 office for which the person wishes to appear on the ballot. 6 Sec. 24. Section 49.51, Code 2017, is amended to read as 7 follows: 8 49.51 Commissioner to control printing. 9 The commissioner shall have charge of the printing of the 10 ballots to be used for any election held in the county , unless 11 the commissioner delegates that authority as permitted by this 12 section . The commissioner may delegate this authority only 13 to another commissioner who is responsible under section 47.2 14 for conducting the elections held for a political subdivision 15 which lies in more than one county, and only with respect to 16 printing of ballots containing only public questions or the 17 names of candidates to be voted upon by the registered voters 18 of that political subdivision. Only one facsimile signature, 19 that of the commissioner under whose direction the ballot is 20 printed, shall appear on the ballot. It is the duty of the 21 commissioner to insure that the arrangement of any ballots 22 printed under the commissioner’s direction conforms to all 23 applicable requirements of this chapter . 24 Sec. 25. Section 49.73, subsection 1, paragraphs a and b, 25 Code 2017, are amended by striking the paragraphs. 26 Sec. 26. Section 49.73, subsection 2, Code 2017, is amended 27 to read as follows: 28 2. The commissioner shall not shorten voting hours for any 29 election if there is filed in the commissioner’s office, at 30 least twenty-five days before the election, a petition signed 31 by at least fifty eligible electors of the school district 32 or city, as the case may be, requesting that the polls be 33 opened not later than 7:00 a.m. All polling places where the 34 candidates of or any public question submitted by any one 35 -10- HF 566 (5) 87 aw/sc/rj/md 10/ 22
H.F. 566 political subdivision are being voted upon shall be opened at 1 the same hour , except that this requirement shall not apply 2 to merged areas established under chapter 260C . The hours at 3 which the respective precinct polling places are to open shall 4 not be changed after publication of the notice required by 5 section 49.53 . The polling places shall be closed at 9:00 p.m. 6 for state primary and general elections and other partisan 7 elections, and for any other election held concurrently 8 therewith, and at 8:00 p.m. for all other elections. 9 Sec. 27. Section 50.11, Code 2017, is amended to read as 10 follows: 11 50.11 Proclamation of result. 12 1. When the canvass is completed one of the precinct 13 election officials shall publicly announce the total number of 14 votes received by each of the persons voted for, the office for 15 which the person is designated, as announced by the designated 16 tally keepers, and the number of votes for, and the number of 17 votes against, any proposition which shall have been submitted 18 to a vote of the people. A precinct election official shall 19 communicate the election results by telephone or in person to 20 the commissioner who is conducting the election immediately 21 upon completion of the canvass. 22 2. Election results may be transmitted electronically from 23 voting equipment to the commissioner’s office only after the 24 precinct election officials have produced a written report of 25 the election results. The devices used for the electronic 26 transmission of election results shall be approved for use 27 by the board of examiners pursuant to section 52.41 . The 28 state commissioner of elections shall adopt rules establishing 29 procedures for the electronic transmission of election results. 30 3. The commissioner shall remain on duty until such 31 information is communicated to the commissioner from each 32 polling place in the commissioner’s county. For an election 33 for a political subdivision that is located in more than one 34 county, the commissioner shall, if applicable, communicate 35 -11- HF 566 (5) 87 aw/sc/rj/md 11/ 22
H.F. 566 that county’s election results for the political subdivision 1 to the controlling commissioner for that political subdivision 2 under section 47.2, and the controlling commissioner shall 3 remain on duty until such information is communicated to 4 the controlling commissioner from each commissioner for the 5 political subdivision. 6 Sec. 28. Section 50.24, Code 2017, is amended by adding the 7 following new subsections: 8 NEW SUBSECTION . 3A. For a regular or special city election 9 or a city runoff election, if the city is located in more than 10 one county, the controlling commissioner for that city under 11 section 47.2 shall conduct a second canvass on the second 12 Monday or Tuesday after the day of the election. However, if a 13 recount is requested pursuant to section 50.48, the controlling 14 commissioner shall conduct the second canvass within two 15 business days after the conclusion of the recount proceedings. 16 Each commissioner conducting a canvass for the city pursuant 17 to subsection 1 shall transmit abstracts for the offices and 18 public measures of that city to the controlling commissioner 19 for that city, along with individual tallies for each write-in 20 candidate. At the second canvass, the county board of 21 supervisors of the county of the controlling commissioner shall 22 canvass the abstracts received pursuant to this subsection and 23 shall prepare a combined city abstract stating the number of 24 votes cast in the city for each office and on each question on 25 the ballot for the city election. The combined city abstract 26 shall further indicate the name of each person who received 27 votes for each office on the ballot, the number of votes each 28 person named received for that office, and the number of votes 29 for and against each question submitted to the voters at the 30 election. The votes of all write-in candidates who each 31 received less than five percent of the total votes cast in the 32 city for an office shall be reported collectively under the 33 heading “scattering”. 34 NEW SUBSECTION . 3B. a. For a regular or special school 35 -12- HF 566 (5) 87 aw/sc/rj/md 12/ 22
H.F. 566 election, if the school district is located in more than one 1 county, the controlling commissioner for that school district 2 under section 47.2 shall conduct a second canvass on the second 3 Monday or Tuesday after the day of election. However, if a 4 recount is requested pursuant to section 50.48, the controlling 5 commissioner shall conduct the second canvass within two 6 business days after the conclusion of the recount proceedings. 7 Each commissioner conducting a canvass for the school district 8 pursuant to subsection 1 shall transmit abstracts for the 9 offices and public measures of that school district to the 10 controlling commissioner for that school district, along with 11 individual tallies for each write-in candidate. At the second 12 canvass the county board of supervisors of the controlling 13 county shall canvass the abstracts received pursuant to 14 this subsection and shall prepare a combined school district 15 abstract stating the number of votes cast in the school 16 district for each office and on each question on the ballot for 17 the school election. The combined school district abstract 18 shall further indicate the name of each person who received 19 votes for each office on the ballot, the number of votes each 20 person named received for that office, and the number of votes 21 for and against each question submitted to the voters at the 22 election. The votes of all write-in candidates who each 23 received less than five percent of the total votes cast in the 24 school district for an office shall be reported collectively 25 under the heading “scattering”. 26 b. The second canvass of votes for a merged area shall be 27 conducted pursuant to section 260C.15, subsection 5, and each 28 commissioner conducting a canvass for the merged area pursuant 29 to subsection 1 shall transmit abstracts for the offices and 30 public measures of that school district to the controlling 31 commissioner for that merged area, along with individual 32 tallies for each write-in candidate. 33 Sec. 29. Section 50.48, subsection 1, paragraph a, 34 unnumbered paragraph 1, Code 2017, is amended to read as 35 -13- HF 566 (5) 87 aw/sc/rj/md 13/ 22
H.F. 566 follows: 1 The county board of canvassers shall order a recount of the 2 votes cast for a particular office or nomination in one or 3 more specified election precincts in that county if a written 4 request therefor for a recount is made not later than 5:00 p.m. 5 on the third day following the county board’s canvass of the 6 election in question. For a city runoff election held pursuant 7 to section 376.9, the written request must be made not later 8 than 5:00 p.m. on the day following the county board’s canvass 9 of the city runoff election. The request shall be filed with 10 the commissioner of that county , or with the commissioner 11 responsible for conducting the election if section 47.2, 12 subsection 2 , is applicable, and shall be signed by either of 13 the following: 14 Sec. 30. Section 52.25, subsection 2, paragraph b, Code 15 2017, is amended to read as follows: 16 b. In the case of a public question to be voted on in 17 a political subdivision lying in more than one county, the 18 summary shall be worded by the controlling commissioner 19 responsible under section 47.2 for conducting that election. 20 Sec. 31. Section 53.40, subsection 1, paragraph a, Code 21 2017, is amended to read as follows: 22 a. A request in writing for a ballot may be made by any 23 member of the armed forces of the United States who is or 24 will be a qualified voter on the day of the election at which 25 the ballot is to be cast, at any time before the election. 26 Any member of the armed forces of the United States may 27 request ballots for all elections to be held during a calendar 28 year. The request may be made by using the federal postcard 29 application form and indicating that the applicant wishes to 30 receive ballots for all elections as permitted by state law. 31 If the applicant does not specify which elections the request 32 is for, the county commissioner shall send the applicant a 33 ballot for each federal election held after the application 34 is received until the end of the calendar year in which the 35 -14- HF 566 (5) 87 aw/sc/rj/md 14/ 22
H.F. 566 request is received. If the applicant requests ballots for all 1 elections to be held in a calendar year, the commissioner, if 2 necessary, shall forward a copy of the absentee ballot request 3 to other commissioners who are responsible under section 47.2, 4 subsection 2 , for conducting elections in which the applicant 5 is eligible to vote. 6 Sec. 32. Section 260C.15, subsection 3, Code 2017, is 7 amended to read as follows: 8 3. Nomination papers on behalf of candidates for member of 9 the board of directors of a merged area shall be filed with the 10 secretary of the board not earlier than sixty-four seventy-one 11 days nor later than 5:00 p.m. on the fortieth forty-seventh day 12 prior to the election at which members of the board are to be 13 elected. On the day following the last day on which nomination 14 petitions can be filed, and no later than 5:00 p.m. on that 15 day, the secretary shall deliver all nomination petitions so 16 filed, together with the text of any public measure being 17 submitted by the board of directors to the electorate, to the 18 merged area’s controlling county commissioner of elections who 19 is responsible under section 47.2 for conducting elections 20 held for the merged area . That controlling commissioner shall 21 certify the names of candidates, and the text and summary of 22 any public measure being submitted to the electorate, to all 23 county commissioners of elections in the merged area by the 24 thirty-fifth forty-second day prior to the election. 25 Sec. 33. Section 260C.15, subsection 4, paragraph b, Code 26 2017, is amended to read as follows: 27 b. The objection must be filed with the secretary of the 28 board at least thirty-five forty-two days before the day of 29 the election at which members of the board are elected. When 30 objections are filed, notice shall immediately be given to 31 the candidate affected, addressed to the candidate’s place 32 of residence as given on the candidate’s affidavit, stating 33 that objections have been made to the legal sufficiency of 34 the petition or to the eligibility of the candidate, and also 35 -15- HF 566 (5) 87 aw/sc/rj/md 15/ 22
H.F. 566 stating the time and place the objections will be considered. 1 The board secretary shall also attempt to notify the candidate 2 by telephone if the candidate provided a telephone number on 3 the candidate’s affidavit. 4 Sec. 34. Section 260C.15, subsection 5, Code 2017, is 5 amended to read as follows: 6 5. The votes cast in the election shall be canvassed and 7 abstracts of the votes cast shall be certified as required by 8 section 277.20 . In each county whose commissioner of elections 9 is responsible the controlling commissioner for a merged area 10 under section 47.2 for conducting elections held for a merged 11 area , the county board of supervisors shall convene on the last 12 Monday in September or at the last regular board meeting in 13 September, canvass the abstracts of votes cast from each county 14 in the merged area, and declare the results of the voting. The 15 commissioner shall at once issue certificates of election to 16 each person declared elected, and shall certify to the merged 17 area board in substantially the manner prescribed by section 18 50.27 the result of the voting on any public question submitted 19 to the voters of the merged area. Members elected to the board 20 of directors of a merged area shall qualify by taking the oath 21 of office prescribed in section 277.28 . 22 Sec. 35. Section 260C.22, subsection 3, Code 2017, is 23 amended to read as follows: 24 3. A voted tax imposed under this section may be 25 discontinued, or its maximum rate increased, by petition and 26 election. Upon receipt of a petition containing the required 27 number of signatures, the board of directors of a merged 28 area shall direct the each county commissioner of elections 29 responsible under section 47.2 for conducting elections in the 30 merged area to submit to the voters of the merged area the 31 question of whether to discontinue the authority of the board 32 of directors to impose the voted tax under this section or 33 to increase the maximum rate of the voted tax, whichever is 34 applicable. The petition must be signed by eligible electors 35 -16- HF 566 (5) 87 aw/sc/rj/md 16/ 22
H.F. 566 equal in number to not less than twenty-five percent of the 1 votes cast at the last preceding election in the merged area 2 where the question of the imposition of the tax appeared on the 3 ballot and received by the board of directors by June 1 of the 4 year in which the election is to be held. The question shall 5 be submitted at an election held on a date authorized for an 6 election under subsection 1 , paragraph “a” . If a majority of 7 those voting on the question of discontinuance of the board of 8 directors’ authority to impose the tax favors discontinuance, 9 the board shall not impose the tax for any fiscal year 10 beginning after expiration of the period of time for imposing 11 the tax approved at the last election under subsection 1 or the 12 period of time for imposing the tax established by resolution 13 of the board under subsection 2 that is in effect on the 14 date the petition for the election is filed with the board, 15 whichever is applicable, unless following discontinuance the 16 voted tax is again authorized at election under subsection 1 . 17 If the question of whether to discontinue the authority of the 18 board of directors to impose the tax fails to gain approval at 19 election, the question shall not be submitted to the voters of 20 the merged area for a period of ten years following the date of 21 the election. If a majority of those voting on the question to 22 increase the maximum rate of the voted tax favors the proposed 23 increase, the new maximum rate shall apply to fiscal years 24 beginning after the date of the election. 25 Sec. 36. Section 260C.28, subsection 3, paragraph c, Code 26 2017, is amended to read as follows: 27 c. The additional tax authorized under subsection 2 may 28 be discontinued by petition and election. Upon receipt of a 29 petition containing the required number of signatures, the 30 board of directors of a merged area shall direct the each 31 county commissioner of elections responsible under section 32 47.2 for conducting elections in the merged area to submit 33 to the voters of the merged area the question of whether 34 to discontinue the authority of the board of directors to 35 -17- HF 566 (5) 87 aw/sc/rj/md 17/ 22
H.F. 566 impose the additional tax under subsection 2 . The petition 1 must be signed by eligible electors equal in number to not 2 less than twenty-five percent of the votes cast at the last 3 preceding election in the merged area where the question of 4 the imposition of the additional tax appeared on the ballot. 5 The question shall be submitted at an election held on a date 6 specified in section 39.2, subsection 4 , paragraph “c” . If 7 a majority of those voting on the question of discontinuance 8 of the board of directors’ authority to impose the additional 9 tax favors discontinuance, the board shall not impose the 10 additional tax for any fiscal year beginning after the 11 expiration of the period of time for imposing the tax approved 12 at the last election under paragraph “a” or the period of time 13 for imposing the additional tax established by resolution of 14 the board under paragraph “b” that is in effect on the date the 15 petition for the election is filed with the board, whichever 16 is applicable, unless following discontinuance the additional 17 tax is again authorized at election under paragraph “a” . If 18 the question of whether to discontinue the authority of the 19 board of directors to impose the additional tax fails to gain 20 approval at election, the question shall not be submitted 21 to the voters of the merged area for a period of ten years 22 following the date of the election. 23 Sec. 37. Section 275.22, Code 2017, is amended to read as 24 follows: 25 275.22 Canvass and return. 26 The precinct election officials shall count the ballots, 27 and make return to and deposit the ballots with the county 28 commissioner of elections, who shall enter the return of record 29 in the commissioner’s office. The election tally lists, 30 including absentee ballots, shall be listed by individual 31 school district. The canvass shall be conducted pursuant 32 to section 50.24. The county commissioner of elections or 33 controlling commissioner shall certify the results of the 34 election to the area education agency administrator. If the 35 -18- HF 566 (5) 87 aw/sc/rj/md 18/ 22
H.F. 566 majority of the votes cast by the registered voters is in favor 1 of the proposition, as provided in section 275.20 , a new school 2 corporation shall be organized. If the majority of votes cast 3 is opposed to the proposition, a new petition describing the 4 identical or similar boundaries shall not be filed for at least 5 six months from the date of the election. If territory is 6 excluded from the reorganized district, action pursuant to 7 section 274.37 shall be taken prior to the effective date of 8 reorganization. The secretary of the new school corporation 9 shall file a written description of the boundaries as provided 10 in section 274.4 . 11 Sec. 38. Section 277.4, subsection 1, Code 2017, is amended 12 to read as follows: 13 1. Nomination papers for all candidates for election 14 to office in each school district shall be filed with the 15 secretary of the school board not more than sixty-four 16 seventy-one days , nor less than forty forty-seven days before 17 the election. Nomination petitions shall be filed not later 18 than 5:00 p.m. on the last day for filing. If the school 19 board secretary is not readily available during normal office 20 hours, the secretary may designate a full-time employee of 21 the school district who is ordinarily available to accept 22 nomination papers under this section . On the final date for 23 filing nomination papers the office of the school secretary 24 shall remain open until 5:00 p.m. 25 Sec. 39. Section 277.5, Code 2017, is amended to read as 26 follows: 27 277.5 Objections to nominations. 28 1. Objections to the legal sufficiency of a nomination 29 petition or to the eligibility of a candidate may be filed by 30 any person who would have the right to vote for a candidate for 31 the office in question. The objection must be filed with the 32 secretary of the school board at least thirty-five forty-two 33 days before the day of the school election. When objections 34 are filed notice shall forthwith be given to the candidate 35 -19- HF 566 (5) 87 aw/sc/rj/md 19/ 22
H.F. 566 affected, addressed to the candidate’s place of residence as 1 given on the candidate’s affidavit, stating that objections 2 have been made to the legal sufficiency of the petition or to 3 the eligibility of the candidate, and also stating the time and 4 place the objections will be considered. 5 2. Objections shall be considered not later than two working 6 days following the receipt of the objections by the president 7 of the school board, the secretary of the school board, and 8 one additional member of the school board chosen by ballot. 9 If objections have been filed to the nominations of either of 10 those school officials, that official shall not pass on the 11 objection. The official’s place shall be filled by a member 12 of the school board against whom no objection exists. The 13 replacement shall be chosen by ballot. 14 Sec. 40. Section 277.20, Code 2017, is amended to read as 15 follows: 16 277.20 Canvassing returns. 17 1. On the next Friday after the regular school election, the 18 county board of supervisors shall The canvass the of returns 19 made to the county commissioner of elections from the several 20 precinct polling places and the absentee ballot counting board, 21 ascertain the result of the voting with regard to every matter 22 voted upon and cause a record to be made thereof as required 23 by shall be conducted pursuant to section 50.24 . Special 24 elections held in school districts shall be canvassed at the 25 time and in the manner required by that section 50.24 . The 26 appropriate board of supervisors shall declare the results 27 of the voting for members of boards of directors of school 28 corporations nominated pursuant to section 277.4 , and the 29 commissioner of elections or controlling commissioner for the 30 district shall at once issue a certificate of election to 31 each person declared elected. The appropriate board shall 32 also declare the results of the voting on any public question 33 submitted to the voters of a single school district, and the 34 commissioner or controlling commissioner shall certify the 35 -20- HF 566 (5) 87 aw/sc/rj/md 20/ 22
H.F. 566 result as required by section 50.27 . 1 2. The abstracts of the votes cast for members of the board 2 of directors of any merged area, and of the votes cast on any 3 public question submitted to the voters of any merged area, 4 shall be promptly certified by the county commissioner of 5 elections to the merged area’s controlling county commissioner 6 of elections who is responsible under section 47.2 for 7 conducting the elections held for that merged area . 8 Sec. 41. Section 376.6, subsection 2, Code 2017, is amended 9 to read as follows: 10 2. Each city clerk shall certify to the city’s controlling 11 commissioner of elections responsible under section 47.2 for 12 conducting elections for that city the type of nomination 13 process to be used for the city no later than ninety days 14 before the date of the regular city election. If the city has 15 by ordinance chosen a runoff election or has chosen to have 16 nominations made in the manner provided by chapter 44 or 45 , 17 or has repealed nomination provisions under those sections 18 in preference for the primary election method, a copy of the 19 city ordinance shall be attached. No changes in the method of 20 nomination to be used in a city shall be made after the clerk 21 has filed the certification with the commissioner, unless the 22 change will not take effect until after the next regular city 23 election. 24 Sec. 42. Section 376.9, subsection 2, Code 2017, is amended 25 to read as follows: 26 2. a. Runoff elections shall be held four weeks after the 27 date of the regular city election and shall be conducted in the 28 same manner as regular city elections , except that the county 29 board of supervisors required to canvass the vote of the runoff 30 election pursuant to section 50.24 shall meet to canvass the 31 vote on the Thursday following the runoff election . 32 b. For a city that is located in more than one county, 33 the county board of supervisors conducting the canvass under 34 paragraph “a” shall transmit abstracts for the offices and 35 -21- HF 566 (5) 87 aw/sc/rj/md 21/ 22
H.F. 566 public measures of that city, along with individual tallies for 1 each write-in candidate, to the city’s controlling commissioner 2 under section 47.2 within twenty-four hours of completing the 3 canvass. The county board of supervisors of the county of the 4 controlling commissioner shall canvass the abstracts received 5 pursuant to this subsection on the first Monday or the first 6 Tuesday after the day of the runoff election and shall proceed 7 as provided in section 50.24, subsection 3A. 8 Sec. 43. REPEAL. Section 277.6, Code 2017, is repealed. 9 Sec. 44. EFFECTIVE DATE. This division of this Act takes 10 effect July 1, 2019. 11 DIVISION III 12 TRANSITION PROVISIONS 13 Sec. 45. TERM OF OFFICE —— TRANSITION PROVISIONS. 14 1. Notwithstanding the provisions of section 260C.11 15 designating a term of four years for members of a board of 16 directors of a merged area, the term of office for a seat on a 17 board of directors filled at the regular school election held 18 on: 19 a. September 8, 2015, shall expire November 5, 2019. 20 b. September 12, 2017, shall expire November 2, 2021. 21 2. Notwithstanding the provisions of section 273.8, 22 subsection 1, designating a term of four years for members of 23 a board of directors of an area education agency, the term of 24 office for a seat on a board of directors filled by election 25 in: 26 a. September 2015 shall expire November 30, 2019. 27 b. September 2017 shall expire November 30, 2021. 28 3. Notwithstanding the provisions of section 274.7 29 designating a term of four years for members of a board of 30 directors of a school district, the term of office for a seat 31 on a board of directors filled at the regular school election 32 held on: 33 a. September 8, 2015, shall expire November 5, 2019. 34 b. September 12, 2017, shall expire November 2, 2021. 35 -22- HF 566 (5) 87 aw/sc/rj/md 22/ 22