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Senate Study Bill 1077 - IntroducedA Bill ForAn Act 1relating to the administration of city and school
2elections.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 44.9, subsection 3, Code 2019, is amended
2to read as follows:
33. In the office of the proper school board secretary, at
4least thirty-five forty-two days before the day of a regularly
5scheduled school election.
6 Sec. 2. Section 50.48, subsection 7, Code 2019, is amended
7to read as follows:
87. If the election is an election held by a city which
9is not the final election for the office in question, the
10recount shall progress according to the times provided by this
11subsection. If this subsection applies, the canvass shall be
12held by the second day after the election, the request for
13a recount must be made by the third day after the election,
14the board shall convene to conduct the recount by the sixth
15day after the election, and the report shall be filed by the
16eleventh day after the election conducted pursuant to section
1750.24. The request for a recount must be made by the day after
18the canvass, and the board shall convene for the first time not
19later than the first Friday following the canvass. The report
20shall be filed by the fourteenth day after the election.
21 Sec. 3. Section 260C.12, subsection 1, as amended by 2017
22Iowa Acts, chapter 155, section 2, is amended to read as
23follows:
241. The board of directors of the merged area shall organize
25at the first regular meeting following the regular school
26election or at a special meeting called by the secretary of the
27board to organize the board in advance of the first regular
28meeting following the regular school election after the canvass
29for the regular school election. Organization of the board
30shall be effected by the election of a president and other
31officers from the board membership as board members determine.
32The board of directors shall appoint a secretary and a
33treasurer who shall each give bond as prescribed in section
34291.2 and who shall each receive the salary determined by the
35board. The secretary and treasurer shall perform duties under
-1-1chapter 291 and additional duties the board of directors deems
2necessary. However, the board may appoint one person to serve
3as the secretary and treasurer. If one person serves as the
4secretary and treasurer, only one bond is necessary for that
5person. The frequency of meetings other than organizational
6meetings shall be as determined by the board of directors but
7the president or a majority of the members may call a special
8meeting at any time.
9 Sec. 4. Section 260C.15, subsection 5, as amended by 2017
10Iowa Acts, chapter 155, section 4, is amended to read as
11follows:
125. The votes cast in the election shall be canvassed and
13abstracts of the votes cast shall be certified as required by
14section 277.20. In each county whose commissioner of elections
15is responsible under section 47.2 for conducting elections
16held for a merged area, the county board of supervisors shall
17convene on the last Monday in November or at the last regular
18board meeting in November, on the second Monday or Tuesday
19after the day of the election to canvass the abstracts of votes
20cast and declare the results of the voting. The commissioner
21shall at once issue certificates of election to each person
22declared elected, and shall certify to the merged area board in
23substantially the manner prescribed by section 50.27 the result
24of the voting on any public question submitted to the voters
25of the merged area. Members elected to the board of directors
26of a merged area shall qualify by taking the oath of office
27prescribed in section 277.28.
28 Sec. 5. Section 376.9, subsection 1, Code 2019, is amended
29to read as follows:
301. A runoff election may be held only for positions unfilled
31because of failure of a sufficient number of candidates to
32receive a majority vote in the regular city election. When a
33council has chosen a runoff election in lieu of a primary, the
34county board of supervisors shall publicly canvass the tally
35lists of the vote cast in the regular city election, following
-2-1the procedures prescribed in section 50.24, at a meeting to be
2held on the second day following the regular city election, and
3beginning no earlier than 1:00 p.m.on that day. Candidates
4who do not receive a majority of the votes cast for an office,
5but who receive the highest number of votes cast for that
6office in the regular city election, to the extent of twice
7the number of unfilled positions, are candidates in the runoff
8election.
9 Sec. 6. 2017 Iowa Acts, chapter 155, section 45, is amended
10to read as follows:
11SEC. 45. TERM OF OFFICE TRANSITION PROVISIONS.
121. Notwithstanding the provisions of section 260C.11
13designating a term of four years for members of a board of
14directors of a merged area, the term of office for a seat on a
15board of directors filled at the regular school election held
16on:
17a. September 8, 2015, shall expire November 5, 2019 upon
18the board’s organizational meeting held pursuant to section
19260C.12, subsection 1.
20b. September 12, 2017, shall expire November 2, 2021 upon
21the board’s organizational meeting held pursuant to section
22260C.12, subsection 1.
232. Notwithstanding the provisions of section 273.8,
24subsection 1, designating a term of four years for members of
25a board of directors of an area education agency, the term of
26office for a seat on a board of directors filled by election
27in:
28a. September 2015 shall expire November 30, 2019.
29b. September 2017 shall expire November 30, 2021.
303. Notwithstanding the provisions of section 274.7
31designating a term of four years for members of a board of
32directors of a school district, the term of office for a seat
33on a board of directors filled at the regular school election
34held on:
35a. September 8, 2015, shall expire November 5, 2019 upon the
-3-1board’s organizational meeting held pursuant to section 279.1.
2b. September 12, 2017, shall expire November 2, 2021 upon
3the board’s organizational meeting held pursuant to section
4279.1.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill relates to the administration of combined city and
9school elections. The bill changes the withdrawal deadline
10for candidates in a school election from 35 days before the
11election to 42 days before the election, the same deadline for
12candidates in a city election. The bill changes the date for
13a canvass following a municipal election from the Thursday
14following the election to the Monday or Tuesday following the
15election. The bill requires a request for a recount in a
16municipal election to be submitted by the day following the
17canvass, requires the county board of canvassers to meet by the
18Friday following the election, and the report on the recount to
19be filed by the 14th day after the election.
20The bill requires the board of directors of a merged area
21to organize at the first regular or special meeting after the
22canvass of the regular school election. The bill also changes
23the date of the canvass for an election held in a merged area
24to the second Monday or Tuesday following an election, the
25same deadline for a second canvass required of certain cities
26and school districts pursuant to 2017 Iowa Acts, chapter 155,
27section 28.
28The bill changes the expiration date of the terms of office
29of members of boards of directors of a merged area or school
30district elected in September 2015 or 2017 to the day of the
31board’s organizational meeting following the election.
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2elections.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 44.9, subsection 3, Code 2019, is amended
2to read as follows:
33. In the office of the proper school board secretary, at
4least thirty-five forty-two days before the day of a regularly
5scheduled school election.
6 Sec. 2. Section 50.48, subsection 7, Code 2019, is amended
7to read as follows:
87. If the election is an election held by a city which
9is not the final election for the office in question, the
10recount shall progress according to the times provided by this
11subsection. If this subsection applies, the canvass shall be
12held by the second day after the election, the request for
13a recount must be made by the third day after the election,
14the board shall convene to conduct the recount by the sixth
15day after the election, and the report shall be filed by the
16eleventh day after the election conducted pursuant to section
1750.24. The request for a recount must be made by the day after
18the canvass, and the board shall convene for the first time not
19later than the first Friday following the canvass. The report
20shall be filed by the fourteenth day after the election.
21 Sec. 3. Section 260C.12, subsection 1, as amended by 2017
22Iowa Acts, chapter 155, section 2, is amended to read as
23follows:
241. The board of directors of the merged area shall organize
25at the first regular meeting following the regular school
26election or at a special meeting called by the secretary of the
27board to organize the board in advance of the first regular
28meeting following the regular school election after the canvass
29for the regular school election. Organization of the board
30shall be effected by the election of a president and other
31officers from the board membership as board members determine.
32The board of directors shall appoint a secretary and a
33treasurer who shall each give bond as prescribed in section
34291.2 and who shall each receive the salary determined by the
35board. The secretary and treasurer shall perform duties under
-1-1chapter 291 and additional duties the board of directors deems
2necessary. However, the board may appoint one person to serve
3as the secretary and treasurer. If one person serves as the
4secretary and treasurer, only one bond is necessary for that
5person. The frequency of meetings other than organizational
6meetings shall be as determined by the board of directors but
7the president or a majority of the members may call a special
8meeting at any time.
9 Sec. 4. Section 260C.15, subsection 5, as amended by 2017
10Iowa Acts, chapter 155, section 4, is amended to read as
11follows:
125. The votes cast in the election shall be canvassed and
13abstracts of the votes cast shall be certified as required by
14section 277.20. In each county whose commissioner of elections
15is responsible under section 47.2 for conducting elections
16held for a merged area, the county board of supervisors shall
17convene on the last Monday in November or at the last regular
18board meeting in November, on the second Monday or Tuesday
19after the day of the election to canvass the abstracts of votes
20cast and declare the results of the voting. The commissioner
21shall at once issue certificates of election to each person
22declared elected, and shall certify to the merged area board in
23substantially the manner prescribed by section 50.27 the result
24of the voting on any public question submitted to the voters
25of the merged area. Members elected to the board of directors
26of a merged area shall qualify by taking the oath of office
27prescribed in section 277.28.
28 Sec. 5. Section 376.9, subsection 1, Code 2019, is amended
29to read as follows:
301. A runoff election may be held only for positions unfilled
31because of failure of a sufficient number of candidates to
32receive a majority vote in the regular city election. When a
33council has chosen a runoff election in lieu of a primary, the
34county board of supervisors shall publicly canvass the tally
35lists of the vote cast in the regular city election, following
-2-1the procedures prescribed in section 50.24, at a meeting to be
2held on the second day following the regular city election, and
3beginning no earlier than 1:00 p.m.on that day. Candidates
4who do not receive a majority of the votes cast for an office,
5but who receive the highest number of votes cast for that
6office in the regular city election, to the extent of twice
7the number of unfilled positions, are candidates in the runoff
8election.
9 Sec. 6. 2017 Iowa Acts, chapter 155, section 45, is amended
10to read as follows:
11SEC. 45. TERM OF OFFICE TRANSITION PROVISIONS.
121. Notwithstanding the provisions of section 260C.11
13designating a term of four years for members of a board of
14directors of a merged area, the term of office for a seat on a
15board of directors filled at the regular school election held
16on:
17a. September 8, 2015, shall expire November 5, 2019 upon
18the board’s organizational meeting held pursuant to section
19260C.12, subsection 1.
20b. September 12, 2017, shall expire November 2, 2021 upon
21the board’s organizational meeting held pursuant to section
22260C.12, subsection 1.
232. Notwithstanding the provisions of section 273.8,
24subsection 1, designating a term of four years for members of
25a board of directors of an area education agency, the term of
26office for a seat on a board of directors filled by election
27in:
28a. September 2015 shall expire November 30, 2019.
29b. September 2017 shall expire November 30, 2021.
303. Notwithstanding the provisions of section 274.7
31designating a term of four years for members of a board of
32directors of a school district, the term of office for a seat
33on a board of directors filled at the regular school election
34held on:
35a. September 8, 2015, shall expire November 5, 2019 upon the
-3-1board’s organizational meeting held pursuant to section 279.1.
2b. September 12, 2017, shall expire November 2, 2021 upon
3the board’s organizational meeting held pursuant to section
4279.1.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill relates to the administration of combined city and
9school elections. The bill changes the withdrawal deadline
10for candidates in a school election from 35 days before the
11election to 42 days before the election, the same deadline for
12candidates in a city election. The bill changes the date for
13a canvass following a municipal election from the Thursday
14following the election to the Monday or Tuesday following the
15election. The bill requires a request for a recount in a
16municipal election to be submitted by the day following the
17canvass, requires the county board of canvassers to meet by the
18Friday following the election, and the report on the recount to
19be filed by the 14th day after the election.
20The bill requires the board of directors of a merged area
21to organize at the first regular or special meeting after the
22canvass of the regular school election. The bill also changes
23the date of the canvass for an election held in a merged area
24to the second Monday or Tuesday following an election, the
25same deadline for a second canvass required of certain cities
26and school districts pursuant to 2017 Iowa Acts, chapter 155,
27section 28.
28The bill changes the expiration date of the terms of office
29of members of boards of directors of a merged area or school
30district elected in September 2015 or 2017 to the day of the
31board’s organizational meeting following the election.
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