House File 652 - 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
 a city
10primary election held pursuant to section 376.7
, the recount
11shall progress according to the times provided by this
12subsection. If this subsection applies the canvass shall be
13held by the second day after the election, the request for
14a recount must be made by the third day after the election,
15the board shall convene to conduct the recount by the sixth
16day after the election, and the report shall be filed by the
17eleventh eighth day after the election.
18   Sec. 3.  Section 50.48, Code 2019, is amended by adding the
19following new subsection:
20   NEW SUBSECTION.  8.  When a city council has chosen a runoff
21election pursuant to section 376.9, the recount shall progress
22according to the times provided by this subsection. If this
23subsection applies, the canvass shall be conducted pursuant
24to section 50.24. The request for a recount must be made
25by the day after the canvass, and the board shall convene
26for the first time not later than the first Friday following
27the canvass. The report shall be filed not later than the
28fourteenth day after the election.
29   Sec. 4.  Section 260C.12, subsection 1, as amended by 2017
30Iowa Acts, chapter 155, section 2, is amended to read as
31follows:
   321.  The board of directors of the merged area shall organize
33at the first regular meeting following the regular school
34election or at a special meeting called by the secretary of the
35board to organize the board in advance of the first regular
-1-1meeting following the regular school election after the canvass
2for the regular school election
. Organization of the board
3shall be effected by the election of a president and other
4officers from the board membership as board members determine.
5The board of directors shall appoint a secretary and a
6treasurer who shall each give bond as prescribed in section
7291.2 and who shall each receive the salary determined by the
8board. The secretary and treasurer shall perform duties under
9chapter 291 and additional duties the board of directors deems
10necessary. However, the board may appoint one person to serve
11as the secretary and treasurer. If one person serves as the
12secretary and treasurer, only one bond is necessary for that
13person. The frequency of meetings other than organizational
14meetings shall be as determined by the board of directors but
15the president or a majority of the members may call a special
16meeting at any time.
17   Sec. 5.  Section 260C.15, subsection 5, as amended by 2017
18Iowa Acts, chapter 155, section 4, is amended to read as
19follows:
   205.  The votes cast in the election shall be canvassed and
21abstracts of the votes cast shall be certified as required by
22section 277.20. In each county whose commissioner of elections
23is responsible under section 47.2 for conducting elections
24held for a merged area, the county board of supervisors shall
25convene on the last Monday in November or at the last regular
26board meeting in November,
 on the second Monday or Tuesday
27after the day of the election to
canvass the abstracts of votes
28cast and declare the results of the voting. The commissioner
29shall at once issue certificates of election to each person
30declared elected, and shall certify to the merged area board in
31substantially the manner prescribed by section 50.27 the result
32of the voting on any public question submitted to the voters
33of the merged area. Members elected to the board of directors
34of a merged area shall qualify by taking the oath of office
35prescribed in section 277.28.
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1   Sec. 6.  Section 277.4, subsection 3, Code 2019, is amended
2to read as follows:
   33.  The secretary of the school board shall accept the
4petition for filing if on its face it appears to have the
5requisite number of signatures and if it is timely filed. The
6secretary of the school board shall note upon each petition
7and affidavit accepted for filing the date and time that the
8petition was filed. The secretary of the school board shall
9deliver all nomination petitions, together with the complete
10text of any public measure being submitted by the board to the
11electorate, to the county commissioner of electionson the day
12following the last day on which nomination petitions can be
13filed, and not later than 5:00 p.m. 12:00 noonon that day.
14   Sec. 7.  Section 279.1, subsection 1, Code 2019, is amended
15to read as follows:
   161.  The board of directors of each school corporation shall
17meet and organize at the first regular meeting or at a special
18meeting called by the secretary of the board to organize the
19board in advance of the first regular meeting
after the canvass
20for the regular school election at some suitable place to be
21designated by the secretary. Notice of the place and hour of
22the meeting shall be given by the secretary to each member and
23member-elect of the board.
24   Sec. 8.  Section 376.5, Code 2019, is amended to read as
25follows:
   26376.5  Publication of ballot.
   27Notice containing a copy of the ballot for each regular,
28special, primary, or runoff city election must be published by
29the county commissioner of elections as provided in section
30362.3, except that notice of a regular, primary, or runoff
31election may be published not less than four days before the
32date of the election. The published ballot notice must contain
33the names of all candidates, and may not contain any party
34designations. The published ballot notice must contain any
35question to be submitted to the voters.
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1   Sec. 9.  Section 376.7, Code 2019, is amended by adding the
2following new subsection:
3   NEW SUBSECTION.  3.  If the city holding a primary
4election is located in more than one county, the controlling
5commissioner for that city under section 47.2, subsection
62, shall conduct a second canvass on the first Monday or
7Tuesday after the day of the election. However, if a recount
8is requested pursuant to section 50.48, the controlling
9commissioner shall conduct the second canvass within two
10business days after the conclusion of the recount proceeding.
11Each commissioner conducting a canvass for the city pursuant
12to section 50.24, subsection 1, shall transmit abstracts for
13the offices of that city to the controlling commissioner for
14that city, along with individual tallies for each write-in
15candidate. At the second canvass, the county board of
16supervisors of the county of the controlling commissioner shall
17canvass the abstracts received pursuant to this subsection and
18shall prepare a combined city abstract stating the number of
19votes cast in the city for each office. The combined city
20abstract shall further indicate the name of each person who
21received votes for each office on the ballot, and the number of
22votes each person received for that office. The votes of all
23write-in candidates who each received less than five percent
24of the total votes cast in the city for an office shall be
25reported collectively under the heading “scattering”.
26   Sec. 10.  Section 376.9, subsection 1, Code 2019, is amended
27to read as follows:
   281.  A runoff election may be held only for positions unfilled
29because of failure of a sufficient number of candidates to
30receive a majority vote in the regular city election. When a
31council has chosen a runoff election in lieu of a primary, the
32county board of supervisors shall publicly canvass the tally
33lists of the vote cast in the regular city election, following
34the procedures prescribed in section 50.24, at a meeting to be
35held on the second day following the regular city election, and
-4-1beginning no earlier than 1:00 p.m.on that day
. Candidates
2who do not receive a majority of the votes cast for an office,
3but who receive the highest number of votes cast for that
4office in the regular city election, to the extent of twice
5the number of unfilled positions, are candidates in the runoff
6election.
7   Sec. 11.  2017 Iowa Acts, chapter 155, section 45, is amended
8to read as follows:
   9SEC. 45.  TERM OF OFFICE TRANSITION PROVISIONS.
   101.  Notwithstanding the provisions of section 260C.11
11designating a term of four years for members of a board of
12directors of a merged area, the term of office for a seat on a
13board of directors filled at the regular school election held
14on:
   15a.  September 8, 2015, shall expire November 5, 2019 upon
16the board’s organizational meeting held pursuant to section
17260C.12, subsection 1
.
   18b.  September 12, 2017, shall expire November 2, 2021 upon
19the board’s organizational meeting held pursuant to section
20260C.12, subsection 1
.
   212.  Notwithstanding the provisions of section 273.8,
22subsection 1, designating a term of four years for members of
23a board of directors of an area education agency, the term of
24office for a seat on a board of directors filled by election
25in:
   26a.  September 2015 shall expire November 30, 2019.
   27b.  September 2017 shall expire November 30, 2021.
   283.  Notwithstanding the provisions of section 274.7
29designating a term of four years for members of a board of
30directors of a school district, the term of office for a seat
31on a board of directors filled at the regular school election
32held on:
   33a.  September 8, 2015, shall expire November 5, 2019 upon the
34board’s organizational meeting held pursuant to section 279.1
.
   35b.  September 12, 2017, shall expire November 2, 2021 upon
-5-1the board’s organizational meeting held pursuant to section
2279.1
.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
   6This bill relates to the administration of combined city and
7school elections. The bill changes the withdrawal deadline
8for candidates in a school election from 35 days before the
9election to 42 days before the election, the same deadline for
10candidates in a city election. The bill applies the recount
11provisions of Code section 50.48(7) to city primary elections
12held pursuant to Code section 376.7 and requires the recount
13board for such recounts to file a report by the eighth day
14after the election.
   15The bill changes the timeline for recounts for city runoff
16elections. The bill requires the canvass for such elections
17to be held on the first Monday or Tuesday after the day of
18the election. The bill requires a request for a recount of
19such an election to be filed by the day after the canvass, and
20the recount board to convene no later than the first Friday
21following the canvass. The bill requires the report of the
22recount board to be filed not later than the fourteenth day
23after the election.
   24The bill requires the board of directors of a merged area
25to organize at the first regular or special meeting after the
26canvass of the regular school election. The bill also changes
27the date of the canvass for an election held in a merged area
28to the second Monday or Tuesday following an election, the
29same deadline for a second canvass required of certain cities
30and school districts pursuant to 2017 Iowa Acts, chapter 155,
31section 28.
   32The bill moves the deadline for the secretary of a school
33board to deliver nomination petitions, along with the text of
34any public measure being submitted by the school board, from
355:00 p.m.on the day following the last day on which petitions
-6-1can be accepted to noon on that day.
   2The bill allows the board of directors of a school
3corporation to organize at a special meeting called by the
4secretary of the board to organize the board after the canvass
5of an election for school board members.
   6The bill creates rules regarding the canvassing and
7recounting of primary elections in cities located in more than
8one county.
   9The bill changes the expiration date of the terms of office
10of members of boards of directors of a merged area or school
11district elected in September 2015 or 2017 to the day of the
12board’s organizational meeting following the election.
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