Senate File 399 - Reprinted SENATE FILE 399 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1104) (As Amended and Passed by the Senate March 27, 2017 ) A BILL FOR An Act relating to the conduct of elections, including general 1 election ballot vacancies, voter registration, elections 2 administration, absentee voting, and vacancies on school 3 boards and merged area governing boards and including 4 effective date and applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 SF 399 (5) 87 aw/sc/jh

S.F. 399 DIVISION I 1 CANDIDATE WITHDRAWAL 2 Section 1. Section 43.78, Code 2017, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 5. Any candidate nominated to fill a 5 vacancy in accordance with this section may withdraw the 6 candidate’s nomination by a written request filed as follows: 7 a. In the office of the state commissioner, at least 8 seventy-four days before the date of the election. 9 b. In the office of the proper commissioner, at least 10 sixty-four days before the date of the election. 11 c. In the office of the state commissioner, in case of a 12 special election to fill vacancies in Congress or the general 13 assembly, not more than: 14 (1) Twenty days after the date on which the governor issues 15 the call for a special election to be held on at least forty 16 days’ notice. 17 (2) Five days after the date on which the governor issues 18 the call for a special election to be held on at least ten but 19 less than forty days’ notice. 20 d. In the office of the proper commissioner or the state 21 commissioner, as applicable, in case of a special election to 22 fill vacancies, at least twenty-five days before the day of 23 election. 24 DIVISION II 25 VOTER REGISTRATION 26 Sec. 2. Section 48A.27, subsection 2, paragraph a, 27 subparagraph (1), Code 2017, is amended to read as follows: 28 (1) A signed, written notice to the county commissioner 29 in person, by mail, by facsimile, or by electronic mail 30 submission . 31 DIVISION III 32 ELECTIONS ADMINISTRATION GENERALLY 33 Sec. 3. Section 49.16, subsection 5, Code 2017, is amended 34 to read as follows: 35 -1- SF 399 (5) 87 aw/sc/jh 1/ 9

S.F. 399 5. A person shall not serve on the precinct election board 1 as a representative of a political party if the person has 2 changed political party affiliation from that of the political 3 party which selected the person to serve as a precinct election 4 official. If a precinct election official records a change 5 of political party, the official’s name shall be removed from 6 the list of precinct election officials for that political 7 party. The chairperson of the political party shall be 8 notified of the vacancy and may designate a replacement. If 9 the chairperson of another political party later designates the 10 person as a precinct election official, the person may serve, 11 if qualified. If a precinct election official serving on the 12 board as a representative of a political party records a change 13 of political party to vote absentee under chapter 53 and after 14 voting absentee records a change of political party back to 15 the political party the official represents on the precinct 16 election board, the official’s name shall be removed from the 17 list of precinct election officials for that election. The 18 chairperson of the political party shall be notified of the 19 vacancy and may designate a replacement for that election. 20 Sec. 4. Section 49.104, subsection 7, Code 2017, is amended 21 to read as follows: 22 7. Any person authorized by the commissioner, in 23 consultation with the secretary of state, for the purposes of 24 conducting and attending educational voting programs for youth . 25 DIVISION IV 26 ABSENTEE VOTING 27 Sec. 5. Section 53.8, subsection 3, paragraph a, Code 2017, 28 is amended to read as follows: 29 a. When an application for an absentee ballot is received 30 by the commissioner of any county from a registered voter who 31 is a patient in a hospital in that county , a tenant of an 32 assisted living program in that county as shown by the list 33 of certifications provided the commissioner under section 34 231C.21, or a resident of any facility in that county shown to 35 -2- SF 399 (5) 87 aw/sc/jh 2/ 9

S.F. 399 be a health care facility by the list of licenses provided the 1 commissioner under section 135C.29 , the absentee ballot shall 2 be delivered to the voter and returned to the commissioner in 3 the manner prescribed by section 53.22 . For purposes of this 4 paragraph, “assisted living program” means a program certified 5 pursuant to section 231C.3 that meets the standards for a 6 dementia-specific assisted living program, as established by 7 rule by the department of inspections and appeals. 8 Sec. 6. Section 53.22, Code 2017, is amended to read as 9 follows: 10 53.22 Balloting by confined persons. 11 1. For purposes of this section, “assisted living program” 12 means a program certified pursuant to section 231C.3 that meets 13 the standards for a dementia-specific assisted living program, 14 as established by rule by the department of inspections and 15 appeals. 16 1. 2. a. (1) A registered voter who has applied for 17 an absentee ballot, in a manner other than that prescribed 18 by section 53.10 or 53.11 , and who is a resident , tenant, or 19 patient in a health care facility , assisted living program, or 20 hospital located in the county to which the application has 21 been submitted shall be delivered the appropriate absentee 22 ballot by two special precinct election officers, one of whom 23 shall be a member of each of the political parties referred to 24 in section 49.13 , who shall be appointed by the commissioner 25 from the election board panel for the special precinct 26 established by section 53.20 . The special precinct election 27 officers shall be sworn in the manner provided by section 28 49.75 for election board members, shall receive compensation 29 as provided in section 49.20 , and shall perform their duties 30 during the ten calendar days after the ballots are printed if 31 the commissioner so elects, during the fourteen calendar days 32 preceding the election, and on election day if all ballots 33 requested under section 53.8, subsection 3 , have not previously 34 been delivered and returned. 35 -3- SF 399 (5) 87 aw/sc/jh 3/ 9

S.F. 399 (2) If materials are prepared for the two special precinct 1 election officials, a list shall be made of all voters to whom 2 ballots are to be delivered. The list shall be sent with the 3 officials who deliver the ballots and shall include spaces 4 to indicate whether the person was present at the hospital , 5 assisted living program, or health care facility when the 6 officials arrived, whether the person requested assistance 7 from the officials, whether the person was assisted by another 8 person of the voter’s choice, the time that the ballot was 9 returned to the officials, and any other notes the officials 10 deem necessary. 11 (3) The officials shall also be issued a supply of extra 12 ballots to replace spoiled ballots. Receipts shall be 13 issued in substantially the same form as receipts issued to 14 precinct election officials pursuant to section 49.65 . All 15 ballots shall be accounted for and shall be returned to the 16 commissioner. Separate envelopes shall be provided for the 17 return of spoiled ballots and unused ballots. 18 b. If an applicant under this subsection notifies the 19 commissioner that the applicant will not be available at the 20 health care facility , assisted living program, or hospital 21 address at any time during the ten-day period after the ballots 22 are printed, if applicable, or during the fourteen-day period 23 immediately prior to the election, but will be available there 24 at some other time prior to the election or on election day, 25 the commissioner shall direct the two special precinct election 26 officers to deliver the applicant’s ballot at an appropriate 27 time preceding the election or on election day. If a person 28 who so requested an absentee ballot has been dismissed from 29 the health care facility or hospital, or is no longer a tenant 30 of the assisted living program, the special precinct election 31 officers may take the ballot to the voter if the voter is 32 currently residing in the county. 33 c. The special precinct election officers shall travel 34 together in the same vehicle and both shall be present when an 35 -4- SF 399 (5) 87 aw/sc/jh 4/ 9

S.F. 399 applicant casts an absentee ballot. If either or both of the 1 special precinct election officers fail to appear at the time 2 the duties set forth in this section are to be performed, the 3 commissioner shall at once appoint some other person, giving 4 preference to persons designated by the respective county 5 chairpersons of the political parties described in section 6 49.13 , to carry out the requirements of this section . The 7 persons authorized by this subsection to deliver an absentee 8 ballot to an applicant, if requested, may assist the applicant 9 in filling out the ballot as permitted by section 49.90 . After 10 the voter has securely sealed the marked ballot in the envelope 11 provided and has subscribed to the oath, the voted absentee 12 ballots shall be deposited in a sealed container which shall be 13 returned to the commissioner on the same day the ballots are 14 voted. On election day the officers shall return the sealed 15 container by the time the polls are closed. 16 2. 3. Any registered voter who becomes a patient , 17 tenant, or resident of a hospital , assisted living program, 18 or health care facility in the county where the voter is 19 registered to vote within three days prior to the date of any 20 election or on election day may request an absentee ballot 21 during that period or on election day. As an alternative 22 to the application procedure prescribed by section 53.2 , the 23 registered voter may make the request directly to the officers 24 who are delivering and returning absentee ballots under this 25 section . Alternatively, the request may be made by telephone 26 to the office of the commissioner not later than four hours 27 before the close of the polls. If the requester is found to be 28 a registered voter of that county, these officers shall deliver 29 the appropriate absentee ballot to the registered voter in the 30 manner prescribed by this section . 31 3. 4. For any election except a primary or general election 32 or a special election to fill a vacancy under section 69.14 , 33 the commissioner may, as an alternative to subsection 1 2 , 34 mail an absentee ballot to an applicant under this section to 35 -5- SF 399 (5) 87 aw/sc/jh 5/ 9

S.F. 399 be voted and returned to the commissioner in accordance with 1 this chapter . This subsection only applies to applications for 2 absentee ballots from a single health care facility , assisted 3 living program, or hospital if there are no more than two 4 applications from that facility , program, or hospital. 5 4. 5. The commissioner shall mail an absentee ballot to 6 a registered voter who has applied for an absentee ballot and 7 who is a patient , tenant, or resident of a hospital , assisted 8 living program, or health care facility outside the county in 9 which the voter is registered to vote. 10 5. 6. a. If the registered voter becomes a patient , 11 tenant, or resident of a hospital , assisted living program, 12 or health care facility outside the county where the voter is 13 registered to vote within three days before the date of any 14 election or on election day, the voter may designate a person 15 to deliver and return the absentee ballot. The designee may 16 be any person the voter chooses except that no candidate for 17 any office to be voted upon for the election for which the 18 ballot is requested may deliver a ballot under this subsection . 19 The request for an absentee ballot may be made by telephone 20 to the office of the commissioner not later than four hours 21 before the close of the polls. If the requester is found to 22 be a registered voter of that county, the ballot shall be 23 delivered by mail or by the person designated by the voter. An 24 application form shall be included with the absentee ballot and 25 shall be signed by the voter and returned with the ballot. 26 b. Absentee ballots voted under this subsection shall be 27 delivered to the commissioner no later than the time the polls 28 are closed on election day. If the ballot is returned by mail 29 the return envelope must be received by the time the polls 30 close, or be clearly postmarked by an officially authorized 31 postal service or bear an intelligent mail barcode traceable 32 to a date of entry into the federal mail system not later than 33 the day before the election and received by the commissioner no 34 later than the time established for the canvass by the board of 35 -6- SF 399 (5) 87 aw/sc/jh 6/ 9

S.F. 399 supervisors for that election. 1 6. 7. Observers representing candidates, political 2 parties, or nonparty political organizations, or observers who 3 are opponents or proponents of a ballot issue to be voted on at 4 the election are prohibited from being present at a hospital , 5 assisted living program, or health care facility during the 6 time the special precinct election officers are delivering 7 absentee ballots to the patients, tenants, or residents of such 8 hospital , assisted living program, or health care facility. 9 Sec. 7. Section 53.37, subsection 3, paragraph e, Code 2017, 10 is amended to read as follows: 11 e. Citizens of the United States who do not fall under any 12 of the categories described in paragraphs “a” through “d” , 13 but who are entitled to register and vote pursuant to section 14 48A.5, subsection 4 or 5 . 15 Sec. 8. NEW SECTION . 231C.21 Certification list to county 16 commissioner of elections. 17 To facilitate the implementation of section 53.8, subsection 18 3 , and section 53.22 , the director shall provide to each county 19 commissioner of elections at least annually a list of each 20 certified dementia-specific assisted living program in that 21 county. The list shall include the street address or location, 22 and the mailing address if it is other than the street address 23 or location, of each program. 24 DIVISION V 25 SCHOOL ELECTIONS 26 Sec. 9. Section 260C.11, subsection 1, Code 2017, is amended 27 to read as follows: 28 1. The governing board of a merged area is a board of 29 directors composed of one member elected from each director 30 district in the area by the electors of the respective 31 district. Members of the board shall be residents of the 32 district from which elected. Successors shall be chosen at 33 the regular school elections for members whose terms expire. 34 The term of a member of the board of directors is four years 35 -7- SF 399 (5) 87 aw/sc/jh 7/ 9

S.F. 399 and commences at the organizational meeting. Vacancies on 1 the board shall be filled at the next regular meeting of the 2 board by appointment by the remaining members of the board. A 3 member so chosen shall be a resident of the district in which 4 the vacancy occurred and shall serve until a member is elected 5 pursuant to at the next school election or intervening special 6 election held for the merged area, in accordance with section 7 69.12 to fill the vacancy for the balance of the unexpired 8 term . A vacancy is defined in section 277.29 . A member shall 9 not serve on the board of directors who is a member of a board 10 of directors of a local school district or a member of an area 11 education agency board. 12 Sec. 10. Section 279.6, subsection 1, paragraph b, 13 subparagraphs (1) and (2), Code 2017, are amended to read as 14 follows: 15 (1) If within fourteen days after publication of a notice 16 required pursuant to paragraph “a” for a vacancy that occurs 17 more than one hundred eighty days before the next regular 18 school election , or after the filing period closes pursuant 19 to section 277.4, subsection 1, for the next regular school 20 election, there is filed with the secretary of the school board 21 a petition requesting a special election to fill the vacancy, 22 an appointment to fill the vacancy is temporary until a 23 successor is elected and qualified, and the board shall call a 24 special election pursuant to section 279.7 , to fill the vacancy 25 for the remaining balance of the unexpired term. 26 (2) If within fourteen days after publication of a notice 27 required pursuant to paragraph “a” for a vacancy that occurs one 28 hundred eighty days or less but more than forty days before the 29 next regular school election there is filed with the secretary 30 of the school board a petition requesting to fill the vacancy 31 by election, an appointment to fill the vacancy is temporary 32 until a successor is elected and qualified, and the school 33 board shall require that the remaining balance of the unexpired 34 term be filled at the next regular school election. 35 -8- SF 399 (5) 87 aw/sc/jh 8/ 9