House File 166 - IntroducedA Bill ForAn Act 1relating to political subdivision elections by changing
2the date of the election of directors of local school
3districts, merged areas, and area education agency boards,
4by providing for the combined administration of regular
5and special school and city elections, making changes to
6the administration of elections for political subdivisions
7located in more than one county, establishing requirements
8for ballot arrangement and placement for political
9subdivision offices, and including effective date and
10applicability and transition provisions.
11BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2ELECTION DAY FOR REGULAR SCHOOL ELECTIONS
3   Section 1.  Section 39.2, subsection 4, paragraph c, Code
42017, is amended to read as follows:
   5c.  For a school district or merged area, in the odd-numbered
6year, the first Tuesday in February March, the first Tuesday in
7April May, the last first Tuesday in June August, or the second
8
 first Tuesday after the first Monday in September November.
9For a school district or merged area, in the even-numbered
10year, the first Tuesday in February March, the first Tuesday
11in April May, the second first Tuesday in September August, or
12the first Tuesday in December.
13   Sec. 2.  Section 260C.12, subsection 1, Code 2017, is amended
14to read as follows:
   151.  The board of directors of the merged area shall organize
16at the first regular meeting in October December following the
17regular school election. Organization of the board shall be
18effected by the election of a president and other officers from
19the board membership as board members determine. The board
20of directors shall appoint a secretary and a treasurer who
21shall each give bond as prescribed in section 291.2 and who
22shall each receive the salary determined by the board. The
23secretary and treasurer shall perform duties under chapter 291
24and additional duties the board of directors deems necessary.
25However, the board may appoint one person to serve as the
26secretary and treasurer. If one person serves as the secretary
27and treasurer, only one bond is necessary for that person. The
28frequency of meetings other than organizational meetings shall
29be as determined by the board of directors but the president
30or a majority of the members may call a special meeting at any
31time.
32   Sec. 3.  Section 260C.13, subsection 1, Code 2017, is amended
33to read as follows:
   341.  The board of a merged area may change the number of
35directors on the board and shall make corresponding changes
-1-1in the boundaries of director districts. Changes shall be
2completed not later than June August 1 of the year of the
3regular school election. As soon as possible after adoption
4of the boundary changes, notice of changes in the director
5district boundaries shall be submitted by the merged area to
6the county commissioner of elections in all counties included
7in whole or in part in the merged area.
8   Sec. 4.  Section 260C.15, subsection 5, Code 2017, is amended
9to read as follows:
   105.  The votes cast in the election shall be canvassed and
11abstracts of the votes cast shall be certified as required by
12section 277.20. In each county whose commissioner of elections
13is responsible under section 47.2 for conducting elections
14held for a merged area, the county board of supervisors shall
15convene on the last Monday in September November or at the
16last regular board meeting in September November, canvass the
17abstracts of votes cast and declare the results of the voting.
18The commissioner shall at once issue certificates of election
19to each person declared elected, and shall certify to the
20merged area board in substantially the manner prescribed by
21section 50.27 the result of the voting on any public question
22submitted to the voters of the merged area. Members elected to
23the board of directors of a merged area shall qualify by taking
24the oath of office prescribed in section 277.28.
25   Sec. 5.  Section 273.8, subsection 2, paragraphs a and b,
26Code 2017, are amended to read as follows:
   27a.  Notice of the election shall be published by the area
28education agency administrator not later than July September 15
29of the odd-numbered year in at least one newspaper of general
30circulation in the director district. The cost of publication
31shall be paid by the area education agency.
   32b.  A candidate for election to the area education agency
33board shall file a statement of candidacy with the area
34education agency secretary not later than August October 15 of
35the odd-numbered year, on forms prescribed by the department
-2-1of education. The statement of candidacy shall include the
2candidate’s name, address, and school district. The list of
3candidates shall be sent by the secretary of the area education
4agency in ballot form by certified mail to the presidents of
5the boards of directors of all school districts within the
6director district not later than September November 1. In
7order for the ballot to be counted, the ballot must be received
8in the secretary’s office by the end of the normal business
9day on September November 30 or be clearly postmarked by an
10officially authorized postal service not later than September
11
 November 29 and received by the secretary not later than noon
12on the first Monday following September November 30.
13   Sec. 6.  Section 273.8, subsection 4, paragraph a, Code 2017,
14is amended to read as follows:
   15a.  The board of directors of each area education agency
16shall meet and organize at the first regular meeting in October
17
 December following the regular school election at a suitable
18place designated by the president. Directors whose terms
19commence at the organizational meeting shall qualify by taking
20the oath of office required by section 277.28 at or before the
21organizational meeting.
22   Sec. 7.  Section 273.8, subsection 6, Code 2017, is amended
23to read as follows:
   246.  Change in directors.  The board of an area education
25agency may change the number of directors on the board and
26shall make corresponding changes in the boundaries of director
27districts. Changes shall be completed not later than July
28
 September 1 of a fiscal the odd-numbered year for the director
29district conventions to be held the following September
30
 November.
31   Sec. 8.  Section 277.1, Code 2017, is amended to read as
32follows:
   33277.1  Regular election.
   34The regular election shall be held biennially on the second
35
 first Tuesday after the first Monday in September November of
-3-1each odd-numbered year in each school district for the election
2of officers of the district and merged area and for the purpose
3of submitting to the voters any matter authorized by law.
4   Sec. 9.  EFFECTIVE DATE.  This division of this Act takes
5effect July 1, 2019.
6   Sec. 10.  APPLICABILITY.
   71.  This division of this Act applies to regular school
8elections held on or after November 5, 2019, and to the terms
9of office of directors of local school districts, merged areas,
10and area education agencies commencing on or after that date.
   112.  Under this division of this Act, the regular school
12elections previously scheduled to be held in September 2019
13shall be held in November 2019.
14DIVISION II
15COMBINED ADMINISTRATION OF CITY AND SCHOOL ELECTIONS
16   Sec. 11.  Section 39.2, subsection 1, paragraph b, Code 2017,
17is amended to read as follows:
   18b.  A special election shall not be held in conjunction with
19the primary election. A special election shall not be held in
20conjunction with a school election unless the special election
21is for a school district or community college.
A special
22election shall not be held in conjunction with a regularly
23scheduled or special city primary or city runoff election.
24   Sec. 12.  Section 39.2, subsection 2, Code 2017, is amended
25to read as follows:
   262.  Except as otherwise provided in subsection 1, a special
27election may be held on the same day as a regularly scheduled
28election if the two elections are not in conflict within the
29meaning of section 47.6, subsection 2. A special election
30may be held on the same day as a regularly scheduled election
31with which it does so conflict if the commissioner who is
32responsible for conducting the elections concludes that to do
33so will cause no undue difficulties, except that a special
34election for a city, school district, or merged area shall not
35be scheduled to coincide with the general election
.
-4-
1   Sec. 13.  Section 39.2, subsection 4, paragraph b, Code 2017,
2is amended to read as follows:
   3b.  For a city, on the day of the general election, on the
4day of the regular city election, on the date of a special
5election held to fill a vacancy in the same city, or on
 in
6the odd-numbered year,
the first Tuesday in March, the first
7Tuesday in May, or the first Tuesday in August of each year, or
8the first Tuesday after the first Monday in November
For a
9city, in the even-numbered year, the first Tuesday in March,
10the first Tuesday in May, the first Tuesday in August, or the
11first Tuesday in December.

12   Sec. 14.  Section 44.11, Code 2017, is amended to read as
13follows:
   1444.11  Vacancies filled.
   15If a candidate named under this chapter withdraws before the
16deadline established in section 44.9, declines a nomination,
17or dies before election day, or if a certificate of nomination
18is held insufficient or inoperative by the officer with whom
19it is required to be filed, or in case any objection made
20to a certificate of nomination, or to the eligibility of any
21candidate named in the certificate, is sustained by the board
22appointed to determine such questions, the vacancy or vacancies
23may be filled by the convention, or caucus, or in such manner
24as such convention or caucus has previously provided. The
25vacancy or vacancies shall be filled not less than seventy-four
26days before the election in the case of nominations required
27to be filed with the state commissioner, not less than
28sixty-four days before the election in the case of nominations
29required to be filed with the commissioner, not less than
30thirty-five forty-two days before the election in the case of
31nominations required to be filed in the office of the school
32board secretary, and not less than forty-two days before the
33election in the case of nominations required to be filed with
34the commissioner for city elections.
35   Sec. 15.  Section 47.2, subsection 2, Code 2017, is amended
-5-1to read as follows:
   22.  When an election is to be held as required by law or
3is called by a political subdivision of the state and the
4political subdivision is located in more than one county, the
5county commissioner of elections of each of those counties
6shall conduct that election within the commissioner’s county.
7However,
the commissioner for the county having the greatest
8taxable base within the political subdivision shall conduct
9that election
 serve as the controlling commissioner for
10the election
The controlling commissioner shall receive
11all nomination papers and public measures for the political
12subdivision. By the forty-first day prior to the election, the
13controlling commissioner shall certify the names of candidates
14and the text and summary of any public measure being submitted
15to the electorate to all county commissioners of elections
16required to conduct elections for the political subdivision.

17 The county commissioners of elections of the other counties
18in which the political subdivision is located shall cooperate
19with the county controlling commissioner of elections who is
20conducting the election
.
21   Sec. 16.  Section 47.6, subsection 2, Code 2017, is amended
22to read as follows:
   232.  For the purpose of this section, a conflict between
24two elections exists only when one of the elections would
25require use of precinct boundaries which differ from those
26to be used for the other election, or when
some but not all
27of the registered voters of any precinct would be entitled
28to vote in one of the elections and all of the registered
29voters of the same precinct would be entitled to vote in
30the other election. Nothing in this subsection shall deny
31a commissioner discretionary authority to approve holding a
32special election on the same date as another election, even
33though the two elections may be defined as being in conflict,
34if the commissioner concludes that to do so will cause no undue
35difficulties.
-6-
1   Sec. 17.  Section 49.9, Code 2017, is amended to read as
2follows:
   349.9  Proper place of voting.
   4Except as provided in section 49.11, subsection 3, paragraph
5“b”and as required by the designation of a commissioner
6pursuant to section 49.21, subsection 1,
a person shall not
7vote in any precinct but that of the person’s residence.
8   Sec. 18.  Section 49.21, subsection 1, Code 2017, is amended
9to read as follows:
   101.  a.  It is the responsibility of the commissioner to
11designate a polling place for each precinct in the county.
 12Notwithstanding any provision of law to the contrary, for
13city and school elections the commissioner shall, whenever
14practicable, designate polling places so that an eligible
15elector will be assigned to vote at the same polling place
16at which the eligible elector would be assigned to vote at
17the general election. However, if a city does not have a
18polling place designated for the general election precinct, the
19commissioner may designate an additional polling place for the
20precinct in that city.

   21b.  Each polling place designated shall be accessible to
22persons with disabilities. However, if the commissioner is
23unable to provide an accessible polling place for a precinct,
24the commissioner shall apply for a temporary waiver of the
25accessibility requirement. The state commissioner shall adopt
26rules in accordance with chapter 17A prescribing standards
27for determining whether a polling place is accessible and the
28process for applying for a temporary waiver of accessibility.
29   Sec. 19.  Section 49.30, Code 2017, is amended to read as
30follows:
   3149.30  All candidates and issues on one ballot — exceptions.
   321.  All constitutional amendments, all public measures, and
33the names of all candidates, other than presidential electors,
34to be voted for in each election precinct, shall be printed on
35one ballot, except that separate ballots are authorized when it
-7-1is not possible to include all offices and public measures on a
2single ballot. In the event that it is not possible to include
3all offices and public measures on a single ballot, separate
4ballots may be provided for nonpartisan offices, judges, or
5public measures.
   62.  If printed on the same ballot, the offices of political
7subdivisions shall, if applicable, be printed in the following
8order:
   9a.  Those of a county.
   10b.  Those of a city.
   11c.  Those of a school district.
   12d.  Those of a merged area.
   13e.  Those of any other political subdivision.
   143.  If printed on the same ballot, the public measures of
15political subdivisions shall be printed in the same order as
16provided for offices of the political subdivisions.
17   Sec. 20.  Section 49.31, subsection 2, paragraph b, Code
182017, is amended to read as follows:
   19b.  The commissioner shall then arrange the surnames of each
20political party’s candidates for each office to which two or
21more persons are to be elected at large alphabetically for
22the respective offices for the first precinct on the list;
23thereafter, for each political party and for each succeeding
24precinct, the names appearing first for the respective offices
25in the last preceding precinct shall be placed last, so that
26the names that were second before the change shall be first
27after the change. The commissioner may also rotate the names
28of candidates of a political party in the reverse order of that
29provided in this subsection or alternate the rotation so that
30the candidates of different parties shall not be paired as they
31proceed through the rotation. The procedure for arrangement
32of names on ballots provided in this section shall likewise be
33substantially followed in elections in political subdivisions
34of less than a county.

35   Sec. 21.  Section 49.31, subsection 2, Code 2017, is amended
-8-1by adding the following new paragraph:
2   NEW PARAGRAPH.  d.  On the regular and special city election
3and school election ballots the names of candidates for city,
4school district, and merged area offices shall be arranged
5by drawing lots for position. The commissioner shall hold
6the drawing on the second business day following the deadline
7for filing of nomination papers or petitions under sections
8260C.15, 277.4, and 376.4. If a candidate withdraws, dies, or
9is removed from the ballot after the ballot position of names
10has been determined, such candidate’s name shall be removed
11from the ballot, and the order of the remaining names shall not
12be changed.
13   Sec. 22.  Section 49.31, subsection 3, Code 2017, is amended
14to read as follows:
   153.  The Except as otherwise provided in subsection 2,
16paragraph “d”, the
ballots for any city elections, school
17elections,
special election, or any other election at which
18any office is to be filled on a nonpartisan basis and the
19statutes governing the office to be filled are silent as to
20the arrangement of names on the ballot, shall contain the
21names of all nominees or candidates arranged in alphabetical
22order by surname under the heading of the office to be filled.
23When Except as otherwise provided in subsection 2, paragraph
24“d”, when
a city election, school election, special election,
25 or any other election at which an office is to be filled on
26a nonpartisan basis, is held in more than one precinct, the
27candidates’ names shall be rotated on the ballot from precinct
28to precinct in the manner prescribed by subsection 2 unless
29there are no more candidates for an office than the number of
30persons to be elected to that office.
31   Sec. 23.  Section 49.41, subsection 1, paragraph a, Code
322017, is amended to read as follows:
   33a.  A person shall not be a candidate for more than one
34office to be filled at the same election, except that a person
35may be a candidate for a city office and school board office at
-9-1the same election
. A person who has been nominated for more
2than one office and is prohibited from being a candidate for
3more than one office
shall file a written notice declaring the
4office for which the person wishes to appear on the ballot.
5   Sec. 24.  Section 49.51, Code 2017, is amended to read as
6follows:
   749.51  Commissioner to control printing.
   8The commissioner shall have charge of the printing of the
9ballots to be used for any election held in the county, unless
10the commissioner delegates that authority as permitted by this
11section
. The commissioner may delegate this authority only
12to another commissioner who is responsible under section 47.2
13 for conducting the elections held for a political subdivision
14which lies in more than one county, and only with respect to
15printing of ballots containing only public questions or the
16names of candidates to be voted upon by the registered voters
17of that political subdivision. Only one facsimile signature,
18that of the commissioner under whose direction the ballot is
19printed, shall appear on the ballot. It is the duty of the
20commissioner to insure that the arrangement of any ballots
21printed under the commissioner’s direction conforms to all
22applicable requirements of this chapter.

23   Sec. 25.  Section 49.73, subsection 1, paragraphs a and b,
24Code 2017, are amended by striking the paragraphs.
25   Sec. 26.  Section 49.73, subsection 2, Code 2017, is amended
26to read as follows:
   272.  The commissioner shall not shorten voting hours for any
28election if there is filed in the commissioner’s office, at
29least twenty-five days before the election, a petition signed
30by at least fifty eligible electors of the school district
31or city, as the case may be, requesting that the polls be
32opened not later than 7:00 a.m.
All polling places where the
33candidates of or any public question submitted by any one
34political subdivision are being voted upon shall be opened at
35the same hour, except that this requirement shall not apply
-10-1to merged areas established under chapter 260C
. The hours at
2which the respective precinct polling places are to open shall
3not be changed after publication of the notice required by
4section 49.53. The polling places shall be closed at 9:00 p.m.
5for state primary and general elections and other partisan
6elections, and for any other election held concurrently
7therewith, and at 8:00 p.m.for all other elections.
8   Sec. 27.  Section 50.11, Code 2017, is amended to read as
9follows:
   1050.11  Proclamation of result.
   111.  When the canvass is completed one of the precinct
12election officials shall publicly announce the total number of
13votes received by each of the persons voted for, the office for
14which the person is designated, as announced by the designated
15tally keepers, and the number of votes for, and the number of
16votes against, any proposition which shall have been submitted
17to a vote of the people. A precinct election official shall
18communicate the election results by telephone or in person to
19the commissioner who is conducting the election immediately
20upon completion of the canvass.
   212.  Election results may be transmitted electronically from
22voting equipment to the commissioner’s office only after the
23precinct election officials have produced a written report of
24the election results. The devices used for the electronic
25transmission of election results shall be approved for use
26by the board of examiners pursuant to section 52.41. The
27state commissioner of elections shall adopt rules establishing
28procedures for the electronic transmission of election results.
   293.  The commissioner shall remain on duty until such
30information is communicated to the commissioner from each
31polling place in the commissioner’s county. For an election
32for a political subdivision that is located in more than one
33county, the commissioner shall, if applicable, communicate
34that county’s election results for the political subdivision
35to the controlling commissioner for that political subdivision
-11-1under section 47.2, and the controlling commissioner shall
2remain on duty until such information is communicated to
3the controlling commissioner from each commissioner for the
4political subdivision.

5   Sec. 28.  Section 50.24, Code 2017, is amended by adding the
6following new subsections:
7   NEW SUBSECTION.  3A.  For a regular or special city election
8or a city runoff election, if the city is located in more than
9one county, the controlling commissioner for that city under
10section 47.2 shall conduct a second canvass on the second
11Monday or Tuesday after the day of the election. However, if a
12recount is requested pursuant to section 50.48, the controlling
13commissioner shall conduct the second canvass within two
14business days after the conclusion of the recount proceedings.
15Each commissioner conducting a canvass for the city pursuant
16to subsection 1 shall transmit abstracts for the offices and
17public measures of that city to the controlling commissioner
18for that city, along with individual tallies for each write-in
19candidate. At the second canvass, the county board of
20supervisors of the county of the controlling commissioner shall
21canvass the abstracts received pursuant to this subsection and
22shall prepare a combined city abstract stating the number of
23votes cast in the city for each office and on each question on
24the ballot for the city election. The combined city abstract
25shall further indicate the name of each person who received
26votes for each office on the ballot, the number of votes each
27person named received for that office, and the number of votes
28for and against each question submitted to the voters at the
29election. The votes of all write-in candidates who each
30received less than five percent of the total votes cast in the
31city for an office shall be reported collectively under the
32heading “scattering”.
33   NEW SUBSECTION.  3B.  a.  For a regular or special school
34election, if the school district is located in more than one
35county, the controlling commissioner for that school district
-12-1under section 47.2 shall conduct a second canvass on the second
2Monday or Tuesday after the day of election. However, if a
3recount is requested pursuant to section 50.48, the controlling
4commissioner shall conduct the second canvass within two
5business days after the conclusion of the recount proceedings.
6Each commissioner conducting a canvass for the school district
7pursuant to subsection 1 shall transmit abstracts for the
8offices and public measures of that school district to the
9controlling commissioner for that school district, along with
10individual tallies for each write-in candidate. At the second
11canvass the county board of supervisors of the controlling
12county shall canvass the abstracts received pursuant to
13this subsection and shall prepare a combined school district
14abstract stating the number of votes cast in the school
15district for each office and on each question on the ballot for
16the school election. The combined school district abstract
17shall further indicate the name of each person who received
18votes for each office on the ballot, the number of votes each
19person named received for that office, and the number of votes
20for and against each question submitted to the voters at the
21election. The votes of all write-in candidates who each
22received less than five percent of the total votes cast in the
23school district for an office shall be reported collectively
24under the heading “scattering”.
   25b.  The second canvass of votes for a merged area shall be
26conducted pursuant to section 260C.15, subsection 5, and each
27commissioner conducting a canvass for the merged area pursuant
28to subsection 1 shall transmit abstracts for the offices and
29public measures of that school district to the controlling
30commissioner for that merged area, along with individual
31tallies for each write-in candidate.
32   Sec. 29.  Section 50.48, subsection 1, paragraph a,
33unnumbered paragraph 1, Code 2017, is amended to read as
34follows:
   35The county board of canvassers shall order a recount of the
-13-1votes cast for a particular office or nomination in one or
2more specified election precincts in that county if a written
3request therefor for a recount is made not later than 5:00 p.m.
4on the third day following the county board’s canvass of the
5election in question. For a city runoff election held pursuant
6to section 376.9, the written request must be made not later
7than 5:00 p.m.on the day following the county board’s canvass
8of the city runoff election.
The request shall be filed with
9the commissioner of that county, or with the commissioner
10responsible for conducting the election if section 47.2,
11subsection 2, is applicable,
and shall be signed by either of
12the following:
13   Sec. 30.  Section 52.25, subsection 2, paragraph b, Code
142017, is amended to read as follows:
   15b.  In the case of a public question to be voted on in
16a political subdivision lying in more than one county, the
17summary shall be worded by the controlling commissioner
18responsible under section 47.2 for conducting that election.
19   Sec. 31.  Section 53.40, subsection 1, paragraph a, Code
202017, is amended to read as follows:
   21a.  A request in writing for a ballot may be made by any
22member of the armed forces of the United States who is or
23will be a qualified voter on the day of the election at which
24the ballot is to be cast, at any time before the election.
25Any member of the armed forces of the United States may
26request ballots for all elections to be held during a calendar
27year. The request may be made by using the federal postcard
28application form and indicating that the applicant wishes to
29receive ballots for all elections as permitted by state law.
30If the applicant does not specify which elections the request
31is for, the county commissioner shall send the applicant a
32ballot for each federal election held after the application
33is received until the end of the calendar year in which the
34request is received. If the applicant requests ballots for all
35elections to be held in a calendar year, the commissioner, if
-14-1necessary, shall forward a copy of the absentee ballot request
2to other commissioners who are responsible under section 47.2,
3subsection 2, for conducting elections in which the applicant
4is eligible to vote.

5   Sec. 32.  Section 260C.15, subsection 3, Code 2017, is
6amended to read as follows:
   73.  Nomination papers on behalf of candidates for member of
8the board of directors of a merged area shall be filed with the
9secretary of the board not earlier than sixty-four seventy-one
10 days nor later than 5:00 p.m.on the fortieth forty-seventh day
11prior to the election at which members of the board are to be
12elected. On the day following the last day on which nomination
13petitions can be filed, and no later than 5:00 p.m.on that
14day, the secretary shall deliver all nomination petitions so
15filed, together with the text of any public measure being
16submitted by the board of directors to the electorate, to the
 17merged area’s controlling county commissioner of elections who
18is responsible
under section 47.2 for conducting elections
19held for the merged area
. That controlling commissioner shall
20certify the names of candidates, and the text and summary of
21any public measure being submitted to the electorate, to all
22county commissioners of elections in the merged area by the
23thirty-fifth forty-second day prior to the election.
24   Sec. 33.  Section 260C.15, subsection 4, paragraph b, Code
252017, is amended to read as follows:
   26b.  The objection must be filed with the secretary of the
27board at least thirty-five forty-two days before the day of
28the election at which members of the board are elected. When
29objections are filed, notice shall immediately be given to
30the candidate affected, addressed to the candidate’s place
31of residence as given on the candidate’s affidavit, stating
32that objections have been made to the legal sufficiency of
33the petition or to the eligibility of the candidate, and also
34stating the time and place the objections will be considered.
35The board secretary shall also attempt to notify the candidate
-15-1by telephone if the candidate provided a telephone number on
2the candidate’s affidavit.
3   Sec. 34.  Section 260C.15, subsection 5, Code 2017, is
4amended to read as follows:
   55.  The votes cast in the election shall be canvassed and
6abstracts of the votes cast shall be certified as required by
7section 277.20. In each county whose commissioner of elections
8is responsible the controlling commissioner for a merged area
9 under section 47.2 for conducting elections held for a merged
10area
, the county board of supervisors shall convene on the last
11Monday in September or at the last regular board meeting in
12September, canvass the abstracts of votes cast from each county
13in the merged area,
and declare the results of the voting. The
14commissioner shall at once issue certificates of election to
15each person declared elected, and shall certify to the merged
16area board in substantially the manner prescribed by section
1750.27 the result of the voting on any public question submitted
18to the voters of the merged area. Members elected to the board
19of directors of a merged area shall qualify by taking the oath
20of office prescribed in section 277.28.
21   Sec. 35.  Section 260C.22, subsection 3, Code 2017, is
22amended to read as follows:
   233.  A voted tax imposed under this section may be
24discontinued, or its maximum rate increased, by petition and
25election. Upon receipt of a petition containing the required
26number of signatures, the board of directors of a merged
27area shall direct the each county commissioner of elections
28responsible under section 47.2 for conducting elections in the
29merged area to submit to the voters of the merged area the
30question of whether to discontinue the authority of the board
31of directors to impose the voted tax under this section or
32to increase the maximum rate of the voted tax, whichever is
33applicable. The petition must be signed by eligible electors
34equal in number to not less than twenty-five percent of the
35votes cast at the last preceding election in the merged area
-16-1where the question of the imposition of the tax appeared on the
2ballot and received by the board of directors by June 1 of the
3year in which the election is to be held. The question shall
4be submitted at an election held on a date authorized for an
5election under subsection 1, paragraph “a”. If a majority of
6those voting on the question of discontinuance of the board of
7directors’ authority to impose the tax favors discontinuance,
8the board shall not impose the tax for any fiscal year
9beginning after expiration of the period of time for imposing
10the tax approved at the last election under subsection 1 or the
11period of time for imposing the tax established by resolution
12of the board under subsection 2 that is in effect on the
13date the petition for the election is filed with the board,
14whichever is applicable, unless following discontinuance the
15voted tax is again authorized at election under subsection 1.
16If the question of whether to discontinue the authority of the
17board of directors to impose the tax fails to gain approval at
18election, the question shall not be submitted to the voters of
19the merged area for a period of ten years following the date of
20the election. If a majority of those voting on the question to
21increase the maximum rate of the voted tax favors the proposed
22increase, the new maximum rate shall apply to fiscal years
23beginning after the date of the election.
24   Sec. 36.  Section 260C.28, subsection 3, paragraph c, Code
252017, is amended to read as follows:
   26c.  The additional tax authorized under subsection 2 may
27be discontinued by petition and election. Upon receipt of a
28petition containing the required number of signatures, the
29board of directors of a merged area shall direct the each
30 county commissioner of elections responsible under section
3147.2 for conducting elections in the merged area to submit
32to the voters of the merged area the question of whether
33to discontinue the authority of the board of directors to
34impose the additional tax under subsection 2. The petition
35must be signed by eligible electors equal in number to not
-17-1less than twenty-five percent of the votes cast at the last
2preceding election in the merged area where the question of
3the imposition of the additional tax appeared on the ballot.
4The question shall be submitted at an election held on a date
5specified in section 39.2, subsection 4, paragraph “c”. If
6a majority of those voting on the question of discontinuance
7of the board of directors’ authority to impose the additional
8tax favors discontinuance, the board shall not impose the
9additional tax for any fiscal year beginning after the
10expiration of the period of time for imposing the tax approved
11at the last election under paragraph “a” or the period of time
12for imposing the additional tax established by resolution of
13the board under paragraph “b” that is in effect on the date the
14petition for the election is filed with the board, whichever
15is applicable, unless following discontinuance the additional
16tax is again authorized at election under paragraph “a”. If
17the question of whether to discontinue the authority of the
18board of directors to impose the additional tax fails to gain
19approval at election, the question shall not be submitted
20to the voters of the merged area for a period of ten years
21following the date of the election.
22   Sec. 37.  Section 275.22, Code 2017, is amended to read as
23follows:
   24275.22  Canvass and return.
   25The precinct election officials shall count the ballots,
26and make return to and deposit the ballots with the county
27commissioner of elections, who shall enter the return of record
28in the commissioner’s office. The election tally lists,
29including absentee ballots, shall be listed by individual
30school district.
 The canvass shall be conducted pursuant
31to section 50.24.
The county commissioner of elections or
32controlling commissioner
shall certify the results of the
33election to the area education agency administrator. If the
34majority of the votes cast by the registered voters is in favor
35of the proposition, as provided in section 275.20, a new school
-18-1corporation shall be organized. If the majority of votes cast
2is opposed to the proposition, a new petition describing the
3identical or similar boundaries shall not be filed for at least
4six months from the date of the election. If territory is
5excluded from the reorganized district, action pursuant to
6section 274.37 shall be taken prior to the effective date of
7reorganization. The secretary of the new school corporation
8shall file a written description of the boundaries as provided
9in section 274.4.
10   Sec. 38.  Section 277.4, subsection 1, Code 2017, is amended
11to read as follows:
   121.  Nomination papers for all candidates for election
13to office in each school district shall be filed with the
14secretary of the school board not more than sixty-four
15
 seventy-one days, nor less than forty forty-seven days before
16the election. Nomination petitions shall be filed not later
17than 5:00 p.m.on the last day for filing. If the school
18board secretary is not readily available during normal office
19hours, the secretary may designate a full-time employee of
20the school district who is ordinarily available to accept
21nomination papers under this section. On the final date for
22filing nomination papers the office of the school secretary
23shall remain open until 5:00 p.m.
24   Sec. 39.  Section 277.5, Code 2017, is amended to read as
25follows:
   26277.5  Objections to nominations.
   271.  Objections to the legal sufficiency of a nomination
28petition or to the eligibility of a candidate may be filed by
29any person who would have the right to vote for a candidate for
30the office in question. The objection must be filed with the
31secretary of the school board at least thirty-five forty-two
32 days before the day of the school election. When objections
33are filed notice shall forthwith be given to the candidate
34affected, addressed to the candidate’s place of residence as
35given on the candidate’s affidavit, stating that objections
-19-1have been made to the legal sufficiency of the petition or to
2the eligibility of the candidate, and also stating the time and
3place the objections will be considered.
   42.  Objections shall be considered not later than two working
5days following the receipt of the objections by the president
6of the school board, the secretary of the school board, and
7one additional member of the school board chosen by ballot.
8If objections have been filed to the nominations of either of
9those school officials, that official shall not pass on the
10objection. The official’s place shall be filled by a member
11of the school board against whom no objection exists. The
12replacement shall be chosen by ballot.
13   Sec. 40.  Section 277.20, Code 2017, is amended to read as
14follows:
   15277.20  Canvassing returns.
   161.  On the next Friday after the regular school election, the
17county board of supervisors shall
 The canvass the of returns
18made to the county commissioner of elections from the several
19precinct polling places and the absentee ballot counting board,
20ascertain the result of the voting with regard to every matter
21voted upon and cause a record to be made thereof as required
22by
 shall be conducted pursuant to section 50.24. Special
23elections held in school districts shall be canvassed at the
24time and in the manner required by that section 50.24. The
 25appropriate board of supervisors shall declare the results
26of the voting for members of boards of directors of school
27corporations nominated pursuant to section 277.4, and the
28commissioner of elections or controlling commissioner for the
29district
shall at once issue a certificate of election to
30each person declared elected. The appropriate board shall
31also declare the results of the voting on any public question
32submitted to the voters of a single school district, and the
33commissioner or controlling commissioner shall certify the
34result as required by section 50.27.
   352.  The abstracts of the votes cast for members of the board
-20-1of directors of any merged area, and of the votes cast on any
2public question submitted to the voters of any merged area,
3shall be promptly certified by the county commissioner of
4elections
to the merged area’s controlling county commissioner
5of elections who is responsible under section 47.2 for
6conducting the elections held for that merged area
.
7   Sec. 41.  Section 376.6, subsection 2, Code 2017, is amended
8to read as follows:
   92.  Each city clerk shall certify to the city’s controlling
10 commissioner of elections responsible under section 47.2 for
11conducting elections for that city
the type of nomination
12process to be used for the city no later than ninety days
13before the date of the regular city election. If the city has
14by ordinance chosen a runoff election or has chosen to have
15nominations made in the manner provided by chapter 44 or 45,
16or has repealed nomination provisions under those sections
17in preference for the primary election method, a copy of the
18city ordinance shall be attached. No changes in the method of
19nomination to be used in a city shall be made after the clerk
20has filed the certification with the commissioner, unless the
21change will not take effect until after the next regular city
22election.
23   Sec. 42.  Section 376.9, subsection 2, Code 2017, is amended
24to read as follows:
   252.  a.  Runoff elections shall be held four weeks after the
26date of the regular city election and shall be conducted in the
27same manner as regular city elections, except that the county
28board of supervisors required to canvass the vote of the runoff
29election pursuant to section 50.24 shall meet to canvass the
30vote on the Thursday following the runoff election
.
   31b.  For a city that is located in more than one county,
32the county board of supervisors conducting the canvass under
33paragraph “a” shall transmit abstracts for the offices and
34public measures of that city, along with individual tallies for
35each write-in candidate, to the city’s controlling commissioner
-21-1under section 47.2 within twenty-four hours of completing the
2canvass. The county board of supervisors of the county of the
3controlling commissioner shall canvass the abstracts received
4pursuant to this subsection on the first Monday or the first
5Tuesday after the day of the runoff election and shall proceed
6as provided in section 50.24, subsection 3A.
7   Sec. 43.  REPEAL.  Section 277.6, Code 2017, is repealed.
8   Sec. 44.  EFFECTIVE DATE.  This division of this Act takes
9effect July 1, 2019.
10DIVISION III
11TRANSITION PROVISIONS
12   Sec. 45.  TERM OF OFFICE — TRANSITION PROVISIONS.
   131.  Notwithstanding the provisions of section 260C.11
14designating a term of four years for members of a board of
15directors of a merged area, the term of office for a seat on a
16board of directors filled at the regular school election held
17on:
   18a.  September 8, 2015, shall expire November 5, 2019.
   19b.  September 12, 2017, shall expire November 2, 2021.
   202.  Notwithstanding the provisions of section 273.8,
21subsection 1, designating a term of four years for members of
22a board of directors of an area education agency, the term of
23office for a seat on a board of directors filled by election
24in:
   25a.  September 2015 shall expire November 30, 2019.
   26b.  September 2017 shall expire November 30, 2021.
   273.  Notwithstanding the provisions of section 274.7
28designating a term of four years for members of a board of
29directors of a school district, the term of office for a seat
30on a board of directors filled at the regular school election
31held on:
   32a.  September 8, 2015, shall expire November 5, 2019.
   33b.  September 12, 2017, shall expire November 2, 2021.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-22-1the explanation’s substance by the members of the general assembly.
   2This bill changes the date of regular school elections
3for local school districts, merged areas, and area education
4agencies and provides for combined administration of city and
5school elections.
   6Division I of the bill moves the date of the regular school
7election from the second Tuesday in September in odd-numbered
8years to the first Tuesday after the first Monday in November
9of odd-numbered years, which is also the date of the regular
10city election. Because area education agency boards of
11directors are elected at the director district conventions by
12members of school boards, the division also changes the date
13of their election from September to November. The division
14also makes the dates of school district and merged area special
15elections the same as the dates for special elections for
16cities in division II of the bill.
   17Division I takes effect July 1, 2019, and applies to school
18elections held on or after November 5, 2019.
   19Division II of the bill provides for the combined
20administration of city and school elections by changing
21certain school filing, withdrawal, and objection deadlines
22to mirror those of city elections. Under the division, a
23county commissioner of elections (county auditor) is required,
24whenever practicable, to designate polling places so that
25eligible voters will be assigned to the same polling place for
26general elections, city elections, and school elections. Under
27the division, polling hours for city and school elections will
28be from 7:00 a.m.until 8:00 p.m. Under the division, special
29elections for cities, school districts, and merged areas can
30not be scheduled to coincide with the general election.
   31For the regular school election, the division changes the
32time period for filing nomination papers with the secretary
33of the school board to not more than 71 days nor less than 47
34days before the election. Under current law, the filing time
35period is not more than 64 days nor less than 40 days before
-23-1the election. In addition, for school elections, the deadline
2for filing a withdrawal of candidacy is changed from 35 days
3to 42 days, and the deadline for filling a nomination vacancy
4at convention or caucus is changed from 35 to 42 days before
5the election.
   6Under current law, when a political subdivision is located
7in more than one county, the county commissioner of elections
8of the county having the greatest taxable base within the
9political subdivision is required to conduct elections for
10the political subdivision. Under the division, the county
11commissioners of each of the counties where the political
12subdivision is located are required to conduct the election
13in the commissioner’s county, but the division provides that
14a controlling county commissioner be responsible for certain
15election functions for those political subdivisions located
16in more than one county. The designation of a controlling
17county commissioner is based on the taxable base within the
18political subdivision. Under the division, the controlling
19commissioner is required to conduct a second canvass of city
20and school elections for political subdivisions located in more
21than one county. The division makes additional changes related
22to the administration and conduct of canvasses and recounts for
23regular and special city and school elections and city runoff
24elections.
   25The division also establishes an order for the appearance on
26the ballot of political subdivision offices and ballot measures
27and requires the drawing of lots for placement of names on
28ballots for city and school elections. Under current law, the
29names of such candidates are subject to rotation on ballots by
30precinct. The division also specifies that a candidate’s name
31may appear on the ballot for both school and city office in the
32same election. Division II takes effect July 1, 2019.
   33Division III of the bill includes transition provisions
34related to the terms of office for seats on boards of directors
35for school districts, merged areas, and area education
-24-1agencies.
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