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Senate Study Bill 1104 - IntroducedA Bill ForAn Act 1relating to the conduct of elections, including general
2election ballot vacancies, voter registration, elections
3administration, absentee voting, and vacancies on school
4boards and merged area governing boards and including
5effective date and applicability provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2CANDIDATE WITHDRAWAL
3 Section 1. Section 43.78, Code 2017, is amended by adding
4the following new subsection:
5 NEW SUBSECTION. 5. Any candidate nominated to fill a
6vacancy in accordance with this section may withdraw the
7candidate’s nomination by a written request filed as follows:
8a. In the office of the state commissioner, at least
9seventy-four days before the date of the election.
10b. In the office of the proper commissioner, at least
11sixty-four days before the date of the election.
12c. In the office of the state commissioner, in case of a
13special election to fill vacancies in Congress or the general
14assembly, not more than:
15(1) Twenty days after the date on which the governor issues
16the call for a special election to be held on at least forty
17days’ notice.
18(2) Five days after the date on which the governor issues
19the call for a special election to be held on at least ten but
20less than forty days’ notice.
21d. In the office of the proper commissioner or the state
22commissioner, as applicable, in case of a special election to
23fill vacancies, at least twenty-five days before the day of
24election.
25DIVISION II
26VOTER REGISTRATION
27 Sec. 2. Section 39A.2, subsection 1, Code 2017, is amended
28by adding the following new paragraph:
29 NEW PARAGRAPH. 0b. Organizational noncompliance — voter
30registration. A third or any subsequent violation of section
3148A.22, subsection 2, paragraph “a” or “b”.
32 Sec. 3. Section 39A.4, subsection 1, Code 2017, is amended
33by adding the following new paragraph:
34 NEW PARAGRAPH. 0c. Organizational noncompliance — voter
35registration. A second violation of section 48A.22, subsection
-1-12, paragraph “a” or “b”.
2 Sec. 4. Section 48A.2, Code 2017, is amended by adding the
3following new subsection:
4 NEW SUBSECTION. 2A. “Homeless service organization” means
5an organization that serves homeless persons and near homeless
6persons by providing overnight shelter, meals, clothing,
7transportation, counseling, child care, legal services, medical
8or mental health services, or traditional housing.
9 Sec. 5. Section 48A.7A, subsection 1, paragraph c, Code
102017, is amended to read as follows:
11c. In lieu of paragraph “b”, a person wishing to vote may
12establish identity and residency in the precinct by written:
13(1) Writtenoath of a person who is registered to vote in
14the precinct. The registered voter’s oath shall attest to the
15stated identity of the person wishing to vote and that the
16person is a current resident of the precinct. The oath must
17be signed by the attesting registered voter in the presence
18of the appropriate precinct election official. A registered
19voter who has signed an oath on election day attesting to a
20person’s identity and residency as provided in this paragraph
21is prohibited from signing any further oaths as provided in
22this paragraph on that day.
23(2) Notarized written affidavit signed by a person who is a
24law enforcement officer who resides or works within the county
25that the eligible voter wishes to vote in and who has personal
26knowledge of the person wishing to vote. The law enforcement
27officer’s oath shall attest to the stated identity of the
28person wishing to vote and that the person wishing to vote is a
29current resident of the precinct.
30(3) Notarized written affidavit signed by a person who is an
31employee of a homeless service organization who works within
32the county that the eligible voter wishes to vote in and who
33has personal knowledge of the person wishing to vote. The
34homeless service organization employee’s oath shall attest to
35the stated identity of the person wishing to vote and that the
-2-1person wishing to vote is a current resident of the precinct.
2 Sec. 6. Section 48A.7A, subsection 4, Code 2017, is amended
3by adding the following new paragraph:
4 NEW PARAGRAPH. c. The form of the notarized affidavit
5required of a person attesting to the identity and residency of
6the registrant shall read as follows:
7I, .......... (name of law enforcement officer or homeless
8service organization employee), do solemnly swear or affirm all
9of the following:
10I am a:
11Law enforcement officer.
12Homeless service organization employee.
13I am a resident of the county of .........., Iowa.
14I work in the county of .........., Iowa.
15I am employed at .......... (street address) in ..........
16(city or township).
17I personally know the registrant under the name of
18.......... (name of registrant), and I personally know
19that .......... (name of registrant) is a resident of the
20.......... precinct, .......... ward or township, city of
21.........., county of .........., Iowa.
22I understand that any false statement in this affidavit is
23a class “D” felony punishable by no more than five years in
24confinement and a fine of at least seven hundred fifty dollars
25but not more than seven thousand five hundred dollars.
26..........
27Signature of Law Enforcement Officer or Homeless Service
28Organization Employee
29Subscribed and sworn before me on ........ (date).
30..........
31Signature of Notary
32 Sec. 7. Section 48A.22, Code 2017, is amended to read as
33follows:
3448A.22 Voter registration by volunteer organizations.
351. a. The secretary of state shall encourage volunteer
-3-1organizations to undertake voter registration drives by
2providing registration forms.
3b. The state voter registration commission shall adopt
4rules in accordance with chapter 17A establishing procedures
5and requirements for the collection and submission of voter
6registration forms by volunteer organizations.
72. a. A volunteer organization that collects a voter
8registration form shall submit the form to the appropriate
9commissioner, regardless of completeness, within seven days of
10receiving the form from an applicant.
11b. Notwithstanding paragraph “a”, if a volunteer
12organization collects a voter registration form within forty
13days of an election, the volunteer organization shall submit
14the form to the appropriate commissioner, regardless of
15completeness, within seventy-two hours of receiving the form
16from an applicant or no later than 5:00 p.m.on the Friday
17before the election, whichever is earlier.
183. For the purposes of this section, a volunteer
19organization will be considered to have received a voter
20registration form on the date noted by an applicant on a form.
214. A person acting on behalf of a volunteer organization
22pursuant to subsection 1 who fails to comply with subsection 2,
23paragraph “a” or “b”, commits election misconduct, as follows:
24a. A first violation constitutes a technical infraction
25under section 39A.6.
26b. A second violation constitutes election misconduct in the
27third degree under section 39A.4.
28c. A third or any subsequent violation constitutes election
29misconduct in the first degree under section 39A.2.
30 Sec. 8. Section 48A.27, subsection 2, paragraph a,
31subparagraph (1), Code 2017, is amended to read as follows:
32(1) A signed, written notice to the county commissioner
33in person, by mail, by facsimile, or by electronic mail
34 submission.
35DIVISION III
-4-1ELECTIONS ADMINISTRATION GENERALLY
2 Sec. 9. Section 49.16, subsection 5, Code 2017, is amended
3to read as follows:
45. A person shall not serve on the precinct election board
5as a representative of a political party if the person has
6changed political party affiliation from that of the political
7party which selected the person to serve as a precinct election
8official. If a precinct election official records a change
9of political party, the official’s name shall be removed from
10the list of precinct election officials for that political
11party. The chairperson of the political party shall be
12notified of the vacancy and may designate a replacement. If
13the chairperson of another political party later designates the
14person as a precinct election official, the person may serve,
15if qualified. If a precinct election official serving on the
16board as a representative of a political party records a change
17of political party to vote absentee under chapter 53 and after
18voting absentee records a change of political party back to
19the political party the official represents on the precinct
20election board, the official’s name shall be removed from the
21list of precinct election officials for that election. The
22chairperson of the political party shall be notified of the
23vacancy and may designate a replacement for that election.
24 Sec. 10. Section 49.57, subsection 2, Code 2017, is amended
25to read as follows:
262. In the area of the general election ballot for straight
27party voting, the party or organization names shall be printed
28in upper case and lower case letters using a uniform font size
29for each political party or nonparty political organization.
30The font size shall be not less than twelve ten point type.
31After the name of each candidate for a partisan office the name
32of the candidate’s political party shall be printed in at least
33six point type. The names of political parties and nonparty
34political organizations may be abbreviated on the remainder of
35the ballot if both the full name and the abbreviation appear
-5-1in the “Straight Party” and “Other Political Party” areas of
2the ballot.
3 Sec. 11. Section 49.104, subsection 7, Code 2017, is amended
4to read as follows:
57. Any person authorized by the commissioner, in
6consultation with the secretary of state, for the purposes of
7conducting and attending educational voting programs for youth.
8DIVISION IV
9absentee voting
10 Sec. 12. Section 53.8, subsection 3, paragraph a, Code 2017,
11is amended to read as follows:
12a. When an application for an absentee ballot is received by
13the commissioner of any county from a registered voter who is a
14patient in a hospital in that county, a tenant of an assisted
15living program, as defined in section 53.22, in that county as
16shown by the list of certifications provided the commissioner
17under section 231C.21, or a resident of any facility in that
18county shown to be a health care facility by the list of
19licenses provided the commissioner under section 135C.29, the
20absentee ballot shall be delivered to the voter and returned to
21the commissioner in the manner prescribed by section 53.22.
22 Sec. 13. Section 53.22, Code 2017, is amended to read as
23follows:
2453.22 Balloting by confined persons.
251. a. (1) A registered voter who has applied for an
26absentee ballot, in a manner other than that prescribed by
27section 53.10 or 53.11, and who is a resident, tenant, or
28patient in a health care facility, assisted living program, or
29hospital located in the county to which the application has
30been submitted shall be delivered the appropriate absentee
31ballot by two special precinct election officers, one of whom
32shall be a member of each of the political parties referred to
33in section 49.13, who shall be appointed by the commissioner
34from the election board panel for the special precinct
35established by section 53.20. The special precinct election
-6-1officers shall be sworn in the manner provided by section
249.75 for election board members, shall receive compensation
3as provided in section 49.20, and shall perform their duties
4during the ten calendar days after the ballots are printed if
5the commissioner so elects, during the fourteen calendar days
6preceding the election, and on election day if all ballots
7requested under section 53.8, subsection 3, have not previously
8been delivered and returned.
9(2) If materials are prepared for the two special precinct
10election officials, a list shall be made of all voters to whom
11ballots are to be delivered. The list shall be sent with the
12officials who deliver the ballots and shall include spaces
13to indicate whether the person was present at the hospital,
14assisted living program, or health care facility when the
15officials arrived, whether the person requested assistance
16from the officials, whether the person was assisted by another
17person of the voter’s choice, the time that the ballot was
18returned to the officials, and any other notes the officials
19deem necessary.
20(3) The officials shall also be issued a supply of extra
21ballots to replace spoiled ballots. Receipts shall be
22issued in substantially the same form as receipts issued to
23precinct election officials pursuant to section 49.65. All
24ballots shall be accounted for and shall be returned to the
25commissioner. Separate envelopes shall be provided for the
26return of spoiled ballots and unused ballots.
27b. If an applicant under this subsection notifies the
28commissioner that the applicant will not be available at the
29health care facility, assisted living program, or hospital
30address at any time during the ten-day period after the ballots
31are printed, if applicable, or during the fourteen-day period
32immediately prior to the election, but will be available there
33at some other time prior to the election or on election day,
34the commissioner shall direct the two special precinct election
35officers to deliver the applicant’s ballot at an appropriate
-7-1time preceding the election or on election day. If a person
2who so requested an absentee ballot has been dismissed from
3the health care facility or hospital, or is no longer a tenant
4of the assisted living program, the special precinct election
5officers may take the ballot to the voter if the voter is
6currently residing in the county.
7c. The special precinct election officers shall travel
8together in the same vehicle and both shall be present when an
9applicant casts an absentee ballot. If either or both of the
10special precinct election officers fail to appear at the time
11the duties set forth in this section are to be performed, the
12commissioner shall at once appoint some other person, giving
13preference to persons designated by the respective county
14chairpersons of the political parties described in section
1549.13, to carry out the requirements of this section. The
16persons authorized by this subsection to deliver an absentee
17ballot to an applicant, if requested, may assist the applicant
18in filling out the ballot as permitted by section 49.90. After
19the voter has securely sealed the marked ballot in the envelope
20provided and has subscribed to the oath, the voted absentee
21ballots shall be deposited in a sealed container which shall be
22returned to the commissioner on the same day the ballots are
23voted. On election day the officers shall return the sealed
24container by the time the polls are closed.
252. Any registered voter who becomes a patient, tenant, or
26resident of a hospital, assisted living program, or health
27care facility in the county where the voter is registered to
28vote within three days prior to the date of any election or on
29election day may request an absentee ballot during that period
30or on election day. As an alternative to the application
31procedure prescribed by section 53.2, the registered voter
32may make the request directly to the officers who are
33delivering and returning absentee ballots under this section.
34Alternatively, the request may be made by telephone to the
35office of the commissioner not later than four hours before
-8-1the close of the polls. If the requester is found to be a
2registered voter of that county, these officers shall deliver
3the appropriate absentee ballot to the registered voter in the
4manner prescribed by this section.
53. For any election except a primary or general election
6or a special election to fill a vacancy under section 69.14,
7the commissioner may, as an alternative to subsection 1, mail
8an absentee ballot to an applicant under this section to be
9voted and returned to the commissioner in accordance with this
10chapter. This subsection only applies to applications for
11absentee ballots from a single health care facility, assisted
12living program, or hospital if there are no more than two
13applications from that facility, program, or hospital.
144. The commissioner shall mail an absentee ballot to a
15registered voter who has applied for an absentee ballot and
16who is a patient, tenant, or resident of a hospital, assisted
17living program, or health care facility outside the county in
18which the voter is registered to vote.
195. a. If the registered voter becomes a patient, tenant,
20 or resident of a hospital, assisted living program, or health
21care facility outside the county where the voter is registered
22to vote within three days before the date of any election or
23on election day, the voter may designate a person to deliver
24and return the absentee ballot. The designee may be any person
25the voter chooses except that no candidate for any office to be
26voted upon for the election for which the ballot is requested
27may deliver a ballot under this subsection. The request for
28an absentee ballot may be made by telephone to the office of
29the commissioner not later than four hours before the close of
30the polls. If the requester is found to be a registered voter
31of that county, the ballot shall be delivered by mail or by the
32person designated by the voter. An application form shall be
33included with the absentee ballot and shall be signed by the
34voter and returned with the ballot.
35b. Absentee ballots voted under this subsection shall be
-9-1delivered to the commissioner no later than the time the polls
2are closed on election day. If the ballot is returned by mail
3the return envelope must be received by the time the polls
4close, or be clearly postmarked by an officially authorized
5postal service or bear an intelligent mail barcode traceable
6to a date of entry into the federal mail system not later than
7the day before the election and received by the commissioner no
8later than the time established for the canvass by the board of
9supervisors for that election.
106. Observers representing candidates, political parties,
11or nonparty political organizations, or observers who are
12opponents or proponents of a ballot issue to be voted on at
13the election are prohibited from being present at a hospital,
14assisted living program, or health care facility during the
15time the special precinct election officers are delivering
16absentee ballots to the patients, tenants, or residents of such
17hospital, assisted living program, or health care facility.
187. For purposes of this section and section 53.8, “assisted
19living program” means a program certified pursuant to section
20231C.3 that meets the standards for a dementia-specific
21assisted living program, as established by rule by the
22department of inspections and appeals.
23 Sec. 14. Section 53.37, subsection 3, paragraph e, Code
242017, is amended to read as follows:
25e. Citizens of the United States who do not fall under any
26of the categories described in paragraphs “a” through “d”,
27but who are entitled to register and vote pursuant to section
2848A.5, subsection 4 or 5.
29 Sec. 15. NEW SECTION. 231C.21 Certification list to county
30commissioner of elections.
31To facilitate the implementation of section 53.8, subsection
323, and section 53.22, the director shall provide to each county
33commissioner of elections at least annually a list of each
34certified dementia-specific assisted living program in that
35county. The list shall include the street address or location,
-10-1and the mailing address if it is other than the street address
2or location, of each program.
3DIVISION V
4school elections
5 Sec. 16. Section 260C.11, subsection 1, Code 2017, is
6amended to read as follows:
71. The governing board of a merged area is a board of
8directors composed of one member elected from each director
9district in the area by the electors of the respective
10district. Members of the board shall be residents of the
11district from which elected. Successors shall be chosen at
12the regular school elections for members whose terms expire.
13The term of a member of the board of directors is four years
14and commences at the organizational meeting. Vacancies on
15the board shall be filled at the next regular meeting of the
16board by appointment by the remaining members of the board. A
17member so chosen shall be a resident of the district in which
18the vacancy occurred and shall serve until a member is elected
19pursuant to at the next school election or intervening special
20election held for the merged area, in accordance with section
2169.12 to fill the vacancy for the balance of the unexpired
22term. A vacancy is defined in section 277.29. A member shall
23not serve on the board of directors who is a member of a board
24of directors of a local school district or a member of an area
25education agency board.
26 Sec. 17. Section 279.6, subsection 1, paragraph b,
27subparagraphs (1) and (2), Code 2017, are amended to read as
28follows:
29(1) If within fourteen days after publication of a notice
30required pursuant to paragraph “a” for a vacancy that occurs
31more than one hundred eighty days before the next regular
32school election, or after the filing period closes pursuant
33to section 277.4, subsection 1, for the next regular school
34election, there is filed with the secretary of the school board
35a petition requesting a special election to fill the vacancy,
-11-1an appointment to fill the vacancy is temporary until a
2successor is elected and qualified, and the board shall call a
3special election pursuant to section 279.7, to fill the vacancy
4for the remaining balance of the unexpired term.
5(2) If within fourteen days after publication of a notice
6required pursuant to paragraph “a” for a vacancy that occurs one
7hundred eighty days or less but more than forty days before the
8next regular school election there is filed with the secretary
9of the school board a petition requesting to fill the vacancy
10by election, an appointment to fill the vacancy is temporary
11until a successor is elected and qualified, and the school
12board shall require that the remaining balance of the unexpired
13term be filled at the next regular school election.
14 Sec. 18. EFFECTIVE UPON ENACTMENT. The section of this
15division of this Act amending section 260C.11, being deemed of
16immediate importance, takes effect upon enactment.
17 Sec. 19. RETROACTIVE APPLICABILITY. The section of
18this division of this Act amending section 260C.11 applies
19retroactively to July 1, 2016.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to the conduct of elections, including
24general election ballot vacancies, voter registration,
25elections administration, absentee voting, and vacancies on
26school boards and merged area governing boards.
27Division I of the bill specifies that a candidate nominated
28by a political party to fill a vacancy on the general election
29ballot may withdraw the candidate’s name from nomination by
30written request filed with the state commissioner of elections
31(secretary of state) or proper county commissioner of elections
32(county auditor), with deadlines for withdrawal as specified
33in the bill.
34Division II of the bill relates to voter registration. Under
35the division, certain law enforcement officers and employees
-12-1of homeless service organizations are allowed to attest, by
2notarized written affidavit, to the identity and residency of
3eligible voters for election day and in-person absentee voter
4registration purposes.
5Division II of the bill requires volunteer organizations
6that accept voter registration forms from applicants to submit
7the forms received to the appropriate county commissioner
8of elections within specified periods of time following
9their receipt. Under the bill, a person who violates these
10provisions commits election misconduct. A first violation
11of these provisions constitutes a technical infraction, a
12second violation constitutes election misconduct in the third
13degree (a serious misdemeanor), and any subsequent violations
14constitute election misconduct in the first degree (a class “D”
15felony). A serious misdemeanor is punishable by confinement
16for no more than one year and a fine of at least $315 but
17not more than $1,875. A class “D” felony is punishable by
18confinement for no more than five years and a fine of at least
19$750 but not more than $7,500. Under the bill, the state voter
20registration commission is required to adopt rules establishing
21procedures and requirements for the collection and submission
22of voter registration forms by volunteer organizations.
23Division II of the bill also provides that a registered voter
24may request changes in the voter’s registration by signed,
25written notice transmitted by electronic submission, rather
26than facsimile or electronic mail.
27Division III of the bill, relating to the administration of
28elections, prohibits a representative of a political party on
29a precinct election board from changing political parties to
30vote absentee in the election for which they are serving as a
31representative. The bill requires that the official’s name be
32removed from the list of precinct election board members for
33that election. The bill also lowers the minimum font size for
34printing the names of political parties or nonparty political
35organizations on the area of the ballot for straight party
-13-1voting. Additionally, current law allows county commissioners
2of elections to permit individuals to be present at polling
3places for the purposes of any educational voting program for
4youth. The bill removes the requirement that the program be
5for youth.
6Division IV of the bill, relating to absentee voting, allows
7tenants of dementia-specific assisted living programs to vote
8by absentee ballot in the same manner allowed for patients or
9residents in hospitals or health care facilities. Under the
10bill, the department of inspections and appeals is required to
11provide a list of dementia-specific assisted living programs
12certified under Code section 231C.3, and as defined in rule.
13Relating to absent voting by overseas citizens, the bill
14provides that a United States citizen is eligible to vote
15absentee as a uniformed or overseas voter if the citizen is
16living outside the United States, has a parent who can vote as
17a uniformed or overseas voter, and has never resided in the
18United States, but meets all other requirements for voting.
19Division V of the bill relates to school elections. The bill
20specifies that a person appointed to fill a vacancy on a merged
21area governing board will serve until a member is elected at
22the next school election or at an intervening special election
23held for the merged area. This provision takes effect upon
24enactment and applies retroactively to July 1, 2016.
25Division V of the bill also requires county commissioners
26of elections to conduct a special election to fill a vacancy
27on a school board if a valid petition is filed and if the
28vacancy occurs after the filing period for the next regular
29school election has closed. Under current law, such vacancies
30are required to be filled at the election for which the
31filing period has closed. Under current Code section 277.4,
32subsection 1, nomination petitions are required to be filed
33by not later than 5:00 p.m.on the 40th day before the school
34election.
-14-aw/sc
2election ballot vacancies, voter registration, elections
3administration, absentee voting, and vacancies on school
4boards and merged area governing boards and including
5effective date and applicability provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2CANDIDATE WITHDRAWAL
3 Section 1. Section 43.78, Code 2017, is amended by adding
4the following new subsection:
5 NEW SUBSECTION. 5. Any candidate nominated to fill a
6vacancy in accordance with this section may withdraw the
7candidate’s nomination by a written request filed as follows:
8a. In the office of the state commissioner, at least
9seventy-four days before the date of the election.
10b. In the office of the proper commissioner, at least
11sixty-four days before the date of the election.
12c. In the office of the state commissioner, in case of a
13special election to fill vacancies in Congress or the general
14assembly, not more than:
15(1) Twenty days after the date on which the governor issues
16the call for a special election to be held on at least forty
17days’ notice.
18(2) Five days after the date on which the governor issues
19the call for a special election to be held on at least ten but
20less than forty days’ notice.
21d. In the office of the proper commissioner or the state
22commissioner, as applicable, in case of a special election to
23fill vacancies, at least twenty-five days before the day of
24election.
25DIVISION II
26VOTER REGISTRATION
27 Sec. 2. Section 39A.2, subsection 1, Code 2017, is amended
28by adding the following new paragraph:
29 NEW PARAGRAPH. 0b. Organizational noncompliance — voter
30registration. A third or any subsequent violation of section
3148A.22, subsection 2, paragraph “a” or “b”.
32 Sec. 3. Section 39A.4, subsection 1, Code 2017, is amended
33by adding the following new paragraph:
34 NEW PARAGRAPH. 0c. Organizational noncompliance — voter
35registration. A second violation of section 48A.22, subsection
-1-12, paragraph “a” or “b”.
2 Sec. 4. Section 48A.2, Code 2017, is amended by adding the
3following new subsection:
4 NEW SUBSECTION. 2A. “Homeless service organization” means
5an organization that serves homeless persons and near homeless
6persons by providing overnight shelter, meals, clothing,
7transportation, counseling, child care, legal services, medical
8or mental health services, or traditional housing.
9 Sec. 5. Section 48A.7A, subsection 1, paragraph c, Code
102017, is amended to read as follows:
11c. In lieu of paragraph “b”, a person wishing to vote may
12establish identity and residency in the precinct by written:
13(1) Writtenoath of a person who is registered to vote in
14the precinct. The registered voter’s oath shall attest to the
15stated identity of the person wishing to vote and that the
16person is a current resident of the precinct. The oath must
17be signed by the attesting registered voter in the presence
18of the appropriate precinct election official. A registered
19voter who has signed an oath on election day attesting to a
20person’s identity and residency as provided in this paragraph
21is prohibited from signing any further oaths as provided in
22this paragraph on that day.
23(2) Notarized written affidavit signed by a person who is a
24law enforcement officer who resides or works within the county
25that the eligible voter wishes to vote in and who has personal
26knowledge of the person wishing to vote. The law enforcement
27officer’s oath shall attest to the stated identity of the
28person wishing to vote and that the person wishing to vote is a
29current resident of the precinct.
30(3) Notarized written affidavit signed by a person who is an
31employee of a homeless service organization who works within
32the county that the eligible voter wishes to vote in and who
33has personal knowledge of the person wishing to vote. The
34homeless service organization employee’s oath shall attest to
35the stated identity of the person wishing to vote and that the
-2-1person wishing to vote is a current resident of the precinct.
2 Sec. 6. Section 48A.7A, subsection 4, Code 2017, is amended
3by adding the following new paragraph:
4 NEW PARAGRAPH. c. The form of the notarized affidavit
5required of a person attesting to the identity and residency of
6the registrant shall read as follows:
7I, .......... (name of law enforcement officer or homeless
8service organization employee), do solemnly swear or affirm all
9of the following:
10I am a:
11Law enforcement officer.
12Homeless service organization employee.
13I am a resident of the county of .........., Iowa.
14I work in the county of .........., Iowa.
15I am employed at .......... (street address) in ..........
16(city or township).
17I personally know the registrant under the name of
18.......... (name of registrant), and I personally know
19that .......... (name of registrant) is a resident of the
20.......... precinct, .......... ward or township, city of
21.........., county of .........., Iowa.
22I understand that any false statement in this affidavit is
23a class “D” felony punishable by no more than five years in
24confinement and a fine of at least seven hundred fifty dollars
25but not more than seven thousand five hundred dollars.
26..........
27Signature of Law Enforcement Officer or Homeless Service
28Organization Employee
29Subscribed and sworn before me on ........ (date).
30..........
31Signature of Notary
32 Sec. 7. Section 48A.22, Code 2017, is amended to read as
33follows:
3448A.22 Voter registration by volunteer organizations.
351. a. The secretary of state shall encourage volunteer
-3-1organizations to undertake voter registration drives by
2providing registration forms.
3b. The state voter registration commission shall adopt
4rules in accordance with chapter 17A establishing procedures
5and requirements for the collection and submission of voter
6registration forms by volunteer organizations.
72. a. A volunteer organization that collects a voter
8registration form shall submit the form to the appropriate
9commissioner, regardless of completeness, within seven days of
10receiving the form from an applicant.
11b. Notwithstanding paragraph “a”, if a volunteer
12organization collects a voter registration form within forty
13days of an election, the volunteer organization shall submit
14the form to the appropriate commissioner, regardless of
15completeness, within seventy-two hours of receiving the form
16from an applicant or no later than 5:00 p.m.on the Friday
17before the election, whichever is earlier.
183. For the purposes of this section, a volunteer
19organization will be considered to have received a voter
20registration form on the date noted by an applicant on a form.
214. A person acting on behalf of a volunteer organization
22pursuant to subsection 1 who fails to comply with subsection 2,
23paragraph “a” or “b”, commits election misconduct, as follows:
24a. A first violation constitutes a technical infraction
25under section 39A.6.
26b. A second violation constitutes election misconduct in the
27third degree under section 39A.4.
28c. A third or any subsequent violation constitutes election
29misconduct in the first degree under section 39A.2.
30 Sec. 8. Section 48A.27, subsection 2, paragraph a,
31subparagraph (1), Code 2017, is amended to read as follows:
32(1) A signed, written notice to the county commissioner
33in person, by mail, by facsimile, or by electronic mail
34 submission.
35DIVISION III
-4-1ELECTIONS ADMINISTRATION GENERALLY
2 Sec. 9. Section 49.16, subsection 5, Code 2017, is amended
3to read as follows:
45. A person shall not serve on the precinct election board
5as a representative of a political party if the person has
6changed political party affiliation from that of the political
7party which selected the person to serve as a precinct election
8official. If a precinct election official records a change
9of political party, the official’s name shall be removed from
10the list of precinct election officials for that political
11party. The chairperson of the political party shall be
12notified of the vacancy and may designate a replacement. If
13the chairperson of another political party later designates the
14person as a precinct election official, the person may serve,
15if qualified. If a precinct election official serving on the
16board as a representative of a political party records a change
17of political party to vote absentee under chapter 53 and after
18voting absentee records a change of political party back to
19the political party the official represents on the precinct
20election board, the official’s name shall be removed from the
21list of precinct election officials for that election. The
22chairperson of the political party shall be notified of the
23vacancy and may designate a replacement for that election.
24 Sec. 10. Section 49.57, subsection 2, Code 2017, is amended
25to read as follows:
262. In the area of the general election ballot for straight
27party voting, the party or organization names shall be printed
28in upper case and lower case letters using a uniform font size
29for each political party or nonparty political organization.
30The font size shall be not less than twelve ten point type.
31After the name of each candidate for a partisan office the name
32of the candidate’s political party shall be printed in at least
33six point type. The names of political parties and nonparty
34political organizations may be abbreviated on the remainder of
35the ballot if both the full name and the abbreviation appear
-5-1in the “Straight Party” and “Other Political Party” areas of
2the ballot.
3 Sec. 11. Section 49.104, subsection 7, Code 2017, is amended
4to read as follows:
57. Any person authorized by the commissioner, in
6consultation with the secretary of state, for the purposes of
7conducting and attending educational voting programs for youth.
8DIVISION IV
9absentee voting
10 Sec. 12. Section 53.8, subsection 3, paragraph a, Code 2017,
11is amended to read as follows:
12a. When an application for an absentee ballot is received by
13the commissioner of any county from a registered voter who is a
14patient in a hospital in that county, a tenant of an assisted
15living program, as defined in section 53.22, in that county as
16shown by the list of certifications provided the commissioner
17under section 231C.21, or a resident of any facility in that
18county shown to be a health care facility by the list of
19licenses provided the commissioner under section 135C.29, the
20absentee ballot shall be delivered to the voter and returned to
21the commissioner in the manner prescribed by section 53.22.
22 Sec. 13. Section 53.22, Code 2017, is amended to read as
23follows:
2453.22 Balloting by confined persons.
251. a. (1) A registered voter who has applied for an
26absentee ballot, in a manner other than that prescribed by
27section 53.10 or 53.11, and who is a resident, tenant, or
28patient in a health care facility, assisted living program, or
29hospital located in the county to which the application has
30been submitted shall be delivered the appropriate absentee
31ballot by two special precinct election officers, one of whom
32shall be a member of each of the political parties referred to
33in section 49.13, who shall be appointed by the commissioner
34from the election board panel for the special precinct
35established by section 53.20. The special precinct election
-6-1officers shall be sworn in the manner provided by section
249.75 for election board members, shall receive compensation
3as provided in section 49.20, and shall perform their duties
4during the ten calendar days after the ballots are printed if
5the commissioner so elects, during the fourteen calendar days
6preceding the election, and on election day if all ballots
7requested under section 53.8, subsection 3, have not previously
8been delivered and returned.
9(2) If materials are prepared for the two special precinct
10election officials, a list shall be made of all voters to whom
11ballots are to be delivered. The list shall be sent with the
12officials who deliver the ballots and shall include spaces
13to indicate whether the person was present at the hospital,
14assisted living program, or health care facility when the
15officials arrived, whether the person requested assistance
16from the officials, whether the person was assisted by another
17person of the voter’s choice, the time that the ballot was
18returned to the officials, and any other notes the officials
19deem necessary.
20(3) The officials shall also be issued a supply of extra
21ballots to replace spoiled ballots. Receipts shall be
22issued in substantially the same form as receipts issued to
23precinct election officials pursuant to section 49.65. All
24ballots shall be accounted for and shall be returned to the
25commissioner. Separate envelopes shall be provided for the
26return of spoiled ballots and unused ballots.
27b. If an applicant under this subsection notifies the
28commissioner that the applicant will not be available at the
29health care facility, assisted living program, or hospital
30address at any time during the ten-day period after the ballots
31are printed, if applicable, or during the fourteen-day period
32immediately prior to the election, but will be available there
33at some other time prior to the election or on election day,
34the commissioner shall direct the two special precinct election
35officers to deliver the applicant’s ballot at an appropriate
-7-1time preceding the election or on election day. If a person
2who so requested an absentee ballot has been dismissed from
3the health care facility or hospital, or is no longer a tenant
4of the assisted living program, the special precinct election
5officers may take the ballot to the voter if the voter is
6currently residing in the county.
7c. The special precinct election officers shall travel
8together in the same vehicle and both shall be present when an
9applicant casts an absentee ballot. If either or both of the
10special precinct election officers fail to appear at the time
11the duties set forth in this section are to be performed, the
12commissioner shall at once appoint some other person, giving
13preference to persons designated by the respective county
14chairpersons of the political parties described in section
1549.13, to carry out the requirements of this section. The
16persons authorized by this subsection to deliver an absentee
17ballot to an applicant, if requested, may assist the applicant
18in filling out the ballot as permitted by section 49.90. After
19the voter has securely sealed the marked ballot in the envelope
20provided and has subscribed to the oath, the voted absentee
21ballots shall be deposited in a sealed container which shall be
22returned to the commissioner on the same day the ballots are
23voted. On election day the officers shall return the sealed
24container by the time the polls are closed.
252. Any registered voter who becomes a patient, tenant, or
26resident of a hospital, assisted living program, or health
27care facility in the county where the voter is registered to
28vote within three days prior to the date of any election or on
29election day may request an absentee ballot during that period
30or on election day. As an alternative to the application
31procedure prescribed by section 53.2, the registered voter
32may make the request directly to the officers who are
33delivering and returning absentee ballots under this section.
34Alternatively, the request may be made by telephone to the
35office of the commissioner not later than four hours before
-8-1the close of the polls. If the requester is found to be a
2registered voter of that county, these officers shall deliver
3the appropriate absentee ballot to the registered voter in the
4manner prescribed by this section.
53. For any election except a primary or general election
6or a special election to fill a vacancy under section 69.14,
7the commissioner may, as an alternative to subsection 1, mail
8an absentee ballot to an applicant under this section to be
9voted and returned to the commissioner in accordance with this
10chapter. This subsection only applies to applications for
11absentee ballots from a single health care facility, assisted
12living program, or hospital if there are no more than two
13applications from that facility, program, or hospital.
144. The commissioner shall mail an absentee ballot to a
15registered voter who has applied for an absentee ballot and
16who is a patient, tenant, or resident of a hospital, assisted
17living program, or health care facility outside the county in
18which the voter is registered to vote.
195. a. If the registered voter becomes a patient, tenant,
20 or resident of a hospital, assisted living program, or health
21care facility outside the county where the voter is registered
22to vote within three days before the date of any election or
23on election day, the voter may designate a person to deliver
24and return the absentee ballot. The designee may be any person
25the voter chooses except that no candidate for any office to be
26voted upon for the election for which the ballot is requested
27may deliver a ballot under this subsection. The request for
28an absentee ballot may be made by telephone to the office of
29the commissioner not later than four hours before the close of
30the polls. If the requester is found to be a registered voter
31of that county, the ballot shall be delivered by mail or by the
32person designated by the voter. An application form shall be
33included with the absentee ballot and shall be signed by the
34voter and returned with the ballot.
35b. Absentee ballots voted under this subsection shall be
-9-1delivered to the commissioner no later than the time the polls
2are closed on election day. If the ballot is returned by mail
3the return envelope must be received by the time the polls
4close, or be clearly postmarked by an officially authorized
5postal service or bear an intelligent mail barcode traceable
6to a date of entry into the federal mail system not later than
7the day before the election and received by the commissioner no
8later than the time established for the canvass by the board of
9supervisors for that election.
106. Observers representing candidates, political parties,
11or nonparty political organizations, or observers who are
12opponents or proponents of a ballot issue to be voted on at
13the election are prohibited from being present at a hospital,
14assisted living program, or health care facility during the
15time the special precinct election officers are delivering
16absentee ballots to the patients, tenants, or residents of such
17hospital, assisted living program, or health care facility.
187. For purposes of this section and section 53.8, “assisted
19living program” means a program certified pursuant to section
20231C.3 that meets the standards for a dementia-specific
21assisted living program, as established by rule by the
22department of inspections and appeals.
23 Sec. 14. Section 53.37, subsection 3, paragraph e, Code
242017, is amended to read as follows:
25e. Citizens of the United States who do not fall under any
26of the categories described in paragraphs “a” through “d”,
27but who are entitled to register and vote pursuant to section
2848A.5, subsection 4 or 5.
29 Sec. 15. NEW SECTION. 231C.21 Certification list to county
30commissioner of elections.
31To facilitate the implementation of section 53.8, subsection
323, and section 53.22, the director shall provide to each county
33commissioner of elections at least annually a list of each
34certified dementia-specific assisted living program in that
35county. The list shall include the street address or location,
-10-1and the mailing address if it is other than the street address
2or location, of each program.
3DIVISION V
4school elections
5 Sec. 16. Section 260C.11, subsection 1, Code 2017, is
6amended to read as follows:
71. The governing board of a merged area is a board of
8directors composed of one member elected from each director
9district in the area by the electors of the respective
10district. Members of the board shall be residents of the
11district from which elected. Successors shall be chosen at
12the regular school elections for members whose terms expire.
13The term of a member of the board of directors is four years
14and commences at the organizational meeting. Vacancies on
15the board shall be filled at the next regular meeting of the
16board by appointment by the remaining members of the board. A
17member so chosen shall be a resident of the district in which
18the vacancy occurred and shall serve until a member is elected
19pursuant to at the next school election or intervening special
20election held for the merged area, in accordance with section
2169.12 to fill the vacancy for the balance of the unexpired
22term. A vacancy is defined in section 277.29. A member shall
23not serve on the board of directors who is a member of a board
24of directors of a local school district or a member of an area
25education agency board.
26 Sec. 17. Section 279.6, subsection 1, paragraph b,
27subparagraphs (1) and (2), Code 2017, are amended to read as
28follows:
29(1) If within fourteen days after publication of a notice
30required pursuant to paragraph “a” for a vacancy that occurs
31more than one hundred eighty days before the next regular
32school election, or after the filing period closes pursuant
33to section 277.4, subsection 1, for the next regular school
34election, there is filed with the secretary of the school board
35a petition requesting a special election to fill the vacancy,
-11-1an appointment to fill the vacancy is temporary until a
2successor is elected and qualified, and the board shall call a
3special election pursuant to section 279.7, to fill the vacancy
4for the remaining balance of the unexpired term.
5(2) If within fourteen days after publication of a notice
6required pursuant to paragraph “a” for a vacancy that occurs one
7hundred eighty days or less but more than forty days before the
8next regular school election there is filed with the secretary
9of the school board a petition requesting to fill the vacancy
10by election, an appointment to fill the vacancy is temporary
11until a successor is elected and qualified, and the school
12board shall require that the remaining balance of the unexpired
13term be filled at the next regular school election.
14 Sec. 18. EFFECTIVE UPON ENACTMENT. The section of this
15division of this Act amending section 260C.11, being deemed of
16immediate importance, takes effect upon enactment.
17 Sec. 19. RETROACTIVE APPLICABILITY. The section of
18this division of this Act amending section 260C.11 applies
19retroactively to July 1, 2016.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to the conduct of elections, including
24general election ballot vacancies, voter registration,
25elections administration, absentee voting, and vacancies on
26school boards and merged area governing boards.
27Division I of the bill specifies that a candidate nominated
28by a political party to fill a vacancy on the general election
29ballot may withdraw the candidate’s name from nomination by
30written request filed with the state commissioner of elections
31(secretary of state) or proper county commissioner of elections
32(county auditor), with deadlines for withdrawal as specified
33in the bill.
34Division II of the bill relates to voter registration. Under
35the division, certain law enforcement officers and employees
-12-1of homeless service organizations are allowed to attest, by
2notarized written affidavit, to the identity and residency of
3eligible voters for election day and in-person absentee voter
4registration purposes.
5Division II of the bill requires volunteer organizations
6that accept voter registration forms from applicants to submit
7the forms received to the appropriate county commissioner
8of elections within specified periods of time following
9their receipt. Under the bill, a person who violates these
10provisions commits election misconduct. A first violation
11of these provisions constitutes a technical infraction, a
12second violation constitutes election misconduct in the third
13degree (a serious misdemeanor), and any subsequent violations
14constitute election misconduct in the first degree (a class “D”
15felony). A serious misdemeanor is punishable by confinement
16for no more than one year and a fine of at least $315 but
17not more than $1,875. A class “D” felony is punishable by
18confinement for no more than five years and a fine of at least
19$750 but not more than $7,500. Under the bill, the state voter
20registration commission is required to adopt rules establishing
21procedures and requirements for the collection and submission
22of voter registration forms by volunteer organizations.
23Division II of the bill also provides that a registered voter
24may request changes in the voter’s registration by signed,
25written notice transmitted by electronic submission, rather
26than facsimile or electronic mail.
27Division III of the bill, relating to the administration of
28elections, prohibits a representative of a political party on
29a precinct election board from changing political parties to
30vote absentee in the election for which they are serving as a
31representative. The bill requires that the official’s name be
32removed from the list of precinct election board members for
33that election. The bill also lowers the minimum font size for
34printing the names of political parties or nonparty political
35organizations on the area of the ballot for straight party
-13-1voting. Additionally, current law allows county commissioners
2of elections to permit individuals to be present at polling
3places for the purposes of any educational voting program for
4youth. The bill removes the requirement that the program be
5for youth.
6Division IV of the bill, relating to absentee voting, allows
7tenants of dementia-specific assisted living programs to vote
8by absentee ballot in the same manner allowed for patients or
9residents in hospitals or health care facilities. Under the
10bill, the department of inspections and appeals is required to
11provide a list of dementia-specific assisted living programs
12certified under Code section 231C.3, and as defined in rule.
13Relating to absent voting by overseas citizens, the bill
14provides that a United States citizen is eligible to vote
15absentee as a uniformed or overseas voter if the citizen is
16living outside the United States, has a parent who can vote as
17a uniformed or overseas voter, and has never resided in the
18United States, but meets all other requirements for voting.
19Division V of the bill relates to school elections. The bill
20specifies that a person appointed to fill a vacancy on a merged
21area governing board will serve until a member is elected at
22the next school election or at an intervening special election
23held for the merged area. This provision takes effect upon
24enactment and applies retroactively to July 1, 2016.
25Division V of the bill also requires county commissioners
26of elections to conduct a special election to fill a vacancy
27on a school board if a valid petition is filed and if the
28vacancy occurs after the filing period for the next regular
29school election has closed. Under current law, such vacancies
30are required to be filled at the election for which the
31filing period has closed. Under current Code section 277.4,
32subsection 1, nomination petitions are required to be filed
33by not later than 5:00 p.m.on the 40th day before the school
34election.
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