Text: HSB21            Text: HSB23


House Study Bill 22

SENATE/HOUSE FILE BY (PROPOSED SECRETARY OF STATE BILL) A BILL FOR 1 An Act relating to the policy administration of election 2 and voter registration laws by the secretary of state, 3 including the voter registration age, absentee voting, the 4 provision of training space for election personnel, the 5 candidate nomination filing requirements for merged area, 6 school district, and city elections and related filing 7 requirements, the filling of vacancies in city office, and 8 authorizing certain cities to conduct city elections by 9 absentee ballot, and including effective date provisions. 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1135DP (5) 85 aw/sc PAG LIN 1 1 Section 1. Section 44.4, subsection 1, Code 2013, is amended 1 2 to read as follows: 1 3 1. Nominations made pursuant to this chapter and chapter 1 4 45 which are required to be filed in the office of the state 1 5 commissioner shall be filed in that office not more than 1 6 ninety=nine days nor later than 5:00 p.m. on the eighty=first 1 7 day before the date of the general election to be held in 1 8 November. Nominations made for a special election called 1 9 pursuant to section 69.14 shall be filed by 5:00 p.m. not less 1 10 than twenty=five days before the date of an election called 1 11 upon at least forty days' notice and not less than fourteen 1 12 days before the date of an election called upon at least 1 13 eighteen days' notice. Nominations made for a special election 1 14 called pursuant to section 69.14A shall be filed by 5:00 p.m. 1 15 not less than twenty=five days before the date of the election. 1 16 Nominations made pursuant to this chapter and chapter 45 which 1 17 are required to be filed in the office of the commissioner 1 18 shall be filed in that office not more than ninety=two days 1 19 nor later than 5:00 p.m. on the sixty=ninth day before the 1 20 date of the general election. Nominations made pursuant to 1 21 this chapter or chapter 45 for city office shall be filed not 1 22 more than seventy=two days nor later than 5:00 p.m. on the 1 23 forty=seventh day before the city election with the city clerk 1 24 county commissioner of elections responsible under section 47.2 1 25 for conducting elections held for the city, who shall process 1 26 them as provided by law. 1 27 Sec. 2. Section 44.4, subsection 2, paragraph a, 1 28 subparagraphs (2) and (3), Code 2013, are amended to read as 1 29 follows: 1 30 (2) Those filed with the commissioner, not less than 1 31 sixty=four days before the date of the election, except as 1 32 provided in subparagraph (3). 1 33 (3) Those filed with the city clerk commissioner for an 1 34 elective city office, at least forty=two days before the 1 35 regularly scheduled or special city election. However, for 2 1 those cities that may be required to hold a primary election, 2 2 at least sixty=three days before the regularly scheduled or 2 3 special city election. 2 4 Sec. 3. Section 44.7, Code 2013, is amended to read as 2 5 follows: 2 6 44.7 Hearing before commissioner. 2 7 Objections Except as otherwise provided in section 44.8, 2 8 objections filed with the commissioner shall be considered by 2 9 the county auditor, county treasurer, and county attorney, 2 10 and a majority decision shall be final; but. However, if the 2 11 objection is to the certificate of nomination of one or more 2 12 of the above named county officers, the officer or officers 2 13 objected to shall not pass upon the objection, but their places 2 14 shall be filled, respectively, by the chairperson of the board 2 15 of supervisors, the sheriff, and the county recorder. 2 16 Sec. 4. Section 44.8, Code 2013, is amended to read as 2 17 follows: 2 18 44.8 Hearing before mayor. 2 19 1. Objections filed with the city clerk pursuant to 2 20 section 362.4 or with the commissioner for an elective city 2 21 office shall be considered by the mayor and clerk and one 2 22 member of the council chosen by the council by ballot, and 2 23 a majority decision shall be final; but. However, if the 2 24 objection is to the certificate of nomination of either of 2 25 those city officials, that official shall not pass upon said 2 26 the objection, but the official's place shall be filled by a 2 27 member of the council against whom no such objection exists, 2 28 chosen as above provided. 2 29 2. The hearing shall be held within twenty=four hours of the 2 30 receipt of the objection if a primary election must be held for 2 31 the office sought by the candidate against whom the objection 2 32 has been filed. 2 33 Sec. 5. Section 44.9, subsections 2, 3, 5, and 6, Code 2013, 2 34 are amended to read as follows: 2 35 2. In the office of the proper commissioner, at least 3 1 sixty=four days before the date of the election, except as 3 2 otherwise provided in subsections 3, 5, and 6. 3 3 3. In the office of the proper school board secretary 3 4 commissioner, at least thirty=five days before the day of a 3 5 regularly scheduled school election. 3 6 5. In the office of the proper commissioner or school board 3 7 secretary in case of a special election to fill vacancies in an 3 8 elective school board office, at least twenty=five days before 3 9 the day of election. 3 10 6. In the office of the proper city clerk commissioner, at 3 11 least forty=two days before the regularly scheduled or special 3 12 city election. However, for those cities that may be required 3 13 to hold a primary election, at least sixty=three days before a 3 14 regularly scheduled or special city election. 3 15 Sec. 6. Section 44.11, Code 2013, is amended to read as 3 16 follows: 3 17 44.11 Vacancies filled. 3 18 If a candidate named under this chapter withdraws before the 3 19 deadline established in section 44.9, declines a nomination, 3 20 or dies before election day, or if a certificate of nomination 3 21 is held insufficient or inoperative by the officer with whom 3 22 it is required to be filed, or in case any objection made 3 23 to a certificate of nomination, or to the eligibility of any 3 24 candidate named in the certificate, is sustained by the board 3 25 appointed to determine such questions, the vacancy or vacancies 3 26 may be filled by the convention, or caucus, or in such manner 3 27 as such convention or caucus has previously provided. The 3 28 vacancy or vacancies shall be filled not less than seventy=four 3 29 days before the election in the case of nominations required to 3 30 be filed with the state commissioner, not less than sixty=four 3 31 days before the election in the case of nominations required 3 32 to be filed with the commissioner, not less than thirty=five 3 33 days before the election in the case of nominations required 3 34 to be filed in with the office of the school board secretary 3 35 commissioner for school board elections, and not less than 4 1 forty=two days before the election in the case of nominations 4 2 required to be filed with the city clerk commissioner for city 4 3 elections. 4 4 Sec. 7. Section 48A.5, subsection 2, paragraph c, Code 2013, 4 5 is amended to read as follows: 4 6 c. Be at least eighteen years of age. Completed 4 7 registration forms shall be accepted from registrants who 4 8 are at least seventeen and one=half years of age; however. 4 9 However, the registration shall not be effective until the 4 10 registrant reaches the age of eighteen. The commissioner of 4 11 registration shall ensure that the birth date shown on the 4 12 registration form is at least seventeen and one=half years 4 13 earlier than the date the registration is processed. A 4 14 registrant who is at least seventeen and one=half years of age 4 15 and who will be eighteen by the date of a pending election is 4 16 a registered voter for the pending election for purposes of 4 17 chapter 53. 4 18 Sec. 8. Section 48A.14, subsection 1, paragraph b, Code 4 19 2013, is amended to read as follows: 4 20 b. The challenged registrant is less than seventeen and 4 21 one=half years of age. 4 22 Sec. 9. Section 48A.23, subsection 1, Code 2013, is amended 4 23 to read as follows: 4 24 1. At least twice during each school year, the board of 4 25 directors of each school district operating a high school and 4 26 the authorities in charge of each accredited nonpublic school 4 27 shall offer the opportunity to register to vote to each student 4 28 who is at least seventeen and one=half years of age. 4 29 Sec. 10. Section 48A.26, subsection 9, Code 2013, is amended 4 30 to read as follows: 4 31 9. When a person who is at least seventeen and one=half 4 32 years of age but less than eighteen years of age registers 4 33 to vote, the commissioner shall maintain a record of the 4 34 registration so as to clearly indicate that it will not take 4 35 effect until the registrant's eighteenth birthday and that the 5 1 person is registered and qualifies to vote at any election held 5 2 on or after that date. 5 3 Sec. 11. Section 48A.31, Code 2013, is amended to read as 5 4 follows: 5 5 48A.31 Deceased persons record. 5 6 The state registrar of vital statistics shall transmit 5 7 or cause to be transmitted to the state registrar of voters, 5 8 once each calendar quarter, a certified list of all persons 5 9 seventeen and one=half years of age and older in the state 5 10 whose deaths have been reported to the bureau of vital records 5 11 of the Iowa department of public health since the previous list 5 12 of decedents was certified to the state registrar of voters. 5 13 The list shall be submitted according to the specifications 5 14 of the state registrar of voters. The commissioner shall, in 5 15 the month following the end of a calendar quarter, run the 5 16 statewide voter registration system's matching program to 5 17 determine whether a listed decedent was registered to vote in 5 18 the county and shall immediately cancel the registration of any 5 19 person named on the list of decedents. 5 20 Sec. 12. Section 49.11, subsection 3, paragraph b, 5 21 subparagraph (3), Code 2013, is amended to read as follows: 5 22 (3) A voting center designated under this subsection is 5 23 subject to the requirements of section 49.21 relating to 5 24 accessibility to persons who are elderly and persons with 5 25 disabilities and relating to the posting of signs. The 5 26 location of each voting center shall be published by the county 5 27 commissioner of elections in the same manner as the location of 5 28 polling places is required to be published. 5 29 Sec. 13. NEW SECTION. 49.123A Training sites ==== 5 30 availability ==== accessibility. 5 31 For a period of thirty days prior to each scheduled election, 5 32 and upon the application of the commissioner, the authority 5 33 which has control of any buildings or grounds supported by 5 34 taxation under the laws of this state shall make available 5 35 the necessary space therein for the purpose of conducting 6 1 training courses relating to the election and offered by the 6 2 commissioner for precinct election officials and other election 6 3 personnel, without charge for the use of such buildings 6 4 or grounds. Training courses scheduled and conducted at 6 5 buildings or grounds selected by the commissioner pursuant to 6 6 this section shall not interfere with previously scheduled 6 7 events at such buildings or grounds. The commissioner shall 6 8 only schedule and conduct training courses at buildings or 6 9 grounds that are accessible to and functional for persons with 6 10 disabilities. 6 11 Sec. 14. Section 53.8, subsection 1, Code 2013, is amended 6 12 to read as follows: 6 13 1. Upon receipt of an application for an absentee ballot 6 14 meeting the requirements of section 53.2 and immediately after 6 15 the absentee ballots are printed but in no case sooner than 6 16 the fiftieth day before any election for an absentee ballot 6 17 to be mailed to a person described in section 53.37, the 6 18 commissioner shall mail an absentee ballot to the applicant 6 19 within twenty=four hours, except as otherwise provided in 6 20 subsection 3. The absentee ballot shall be enclosed in an 6 21 unsealed envelope bearing a serial number and affidavit. The 6 22 absentee ballot and unsealed envelope shall be enclosed in or 6 23 with a return envelope marked postage paid which bears the same 6 24 serial number as the unsealed envelope. The absentee ballot, 6 25 unsealed envelope, and return envelope shall be enclosed in 6 26 a third envelope to be sent to the registered voter. If the 6 27 ballot cannot be folded so that all of the votes cast on the 6 28 ballot will be hidden, the commissioner shall also enclose a 6 29 secrecy envelope with the absentee ballot. 6 30 Sec. 15. Section 53.10, subsection 1, Code 2013, is amended 6 31 to read as follows: 6 32 1. Not more than forty days before the date of the primary 6 33 election or the general election, the commissioner shall 6 34 provide facilities for absentee voting in person at the 6 35 commissioner's office. This service shall also be provided for 7 1 other elections as soon as the ballots are ready, but in no 7 2 case shall absentee ballots be available for absentee voting in 7 3 person more than forty days before an election. 7 4 Sec. 16. Section 53.11, subsection 1, paragraph a, Code 7 5 2013, is amended to read as follows: 7 6 a. Satellite absentee voting stations may be established 7 7 no sooner than the fortieth day before an election throughout 7 8 the cities and county at the direction of the commissioner 7 9 and shall be established upon the commissioner's receipt 7 10 of a petition signed by not less than one hundred eligible 7 11 electors requesting that a satellite absentee voting station 7 12 be established at a location to be described on the petition 7 13 of the jurisdiction where the requested satellite absentee 7 14 voting station is located. However, if a special election 7 15 is scheduled in the county on a date that falls between 7 16 the date of the regular city election and the date of the 7 17 city runoff election, the commissioner is not required to 7 18 establish a satellite absentee voting station for the city 7 19 runoff election. The petition shall be on a form prescribed 7 20 by the state commissioner. The petition form shall include 7 21 a space to identify the location of the requested satellite 7 22 absentee voting station, the name, address, and telephone 7 23 contact information for the person circulating the petition, 7 24 and the name or number of the precinct in which the station is 7 25 requested to be located. The petition shall also include space 7 26 for the petitioner's signature, residential address, including 7 27 house number and street, date on which the petition is signed 7 28 by the petitioner, and a statement that the petitioners are 7 29 residents of the jurisdiction conducting the election for 7 30 which the satellite absentee voting station is requested. 7 31 The commissioner shall reject signatures on petitions if 7 32 any information required pursuant to this paragraph is not 7 33 included on the petition. Each petitioner is limited to 7 34 signing one satellite absentee voting station petition for 7 35 each election. Duplicate signatures on the same or subsequent 8 1 satellite absentee voting petitions for a particular election 8 2 shall not be counted. The commissioner shall post notice of 8 3 petitions received, including the location of the requested 8 4 satellite absentee voting station and the name or number of the 8 5 precinct in which the station is requested to be located, on 8 6 the county's internet site, if any, and at the commissioner's 8 7 office. 8 8 Sec. 17. Section 53.11, subsection 1, Code 2013, is amended 8 9 by adding the following new paragraph: 8 10 NEW PARAGRAPH. c. Objections to a petition requesting 8 11 establishment of a satellite absentee voting station may be 8 12 filed with the commissioner no later than the second day 8 13 following the petition filing deadline set forth in subsection 8 14 2. When objections are filed, notice shall immediately be 8 15 given to the person identified on the petition as the person 8 16 circulating the petition. The notice shall be sent to the 8 17 address provided on the petition by such person, and the 8 18 notice shall include the time and place of the hearing at 8 19 which the objections will be considered. The hearing shall 8 20 be held not later than one week after the objection is filed. 8 21 The objection process in section 44.7 shall be followed for 8 22 objections filed pursuant to this section. 8 23 Sec. 18. Section 260C.15, subsection 3, Code 2013, is 8 24 amended to read as follows: 8 25 3. Nomination papers on behalf of candidates for member of 8 26 the board of directors of a merged area shall be filed with 8 27 the secretary of the board county commissioner of elections 8 28 responsible under section 47.2 for conducting elections held 8 29 for the merged area not earlier than sixty=four days nor later 8 30 than 5:00 p.m. on the fortieth day prior to the election at 8 31 which members of the board are to be elected. On the day 8 32 following No later than the last day on which nomination 8 33 petitions can be filed, and no later than 5:00 p.m. on that 8 34 day, the secretary of the board shall deliver all nomination 8 35 petitions so filed, together with the text of any public 9 1 measure being submitted by the board of directors to the 9 2 electorate, to the county commissioner of elections who is 9 3 responsible under section 47.2 for conducting elections held 9 4 for the merged area. That commissioner shall certify the names 9 5 of candidates, and the text and summary of any public measure 9 6 being submitted to the electorate, to all county commissioners 9 7 of elections in the merged area by the thirty=fifth day prior 9 8 to the election. 9 9 Sec. 19. Section 260C.15, subsection 4, paragraph b, Code 9 10 2013, is amended to read as follows: 9 11 b. The objection must be filed with the secretary of the 9 12 board county commissioner of elections responsible under 9 13 section 47.2 for conducting elections held for the merged area 9 14 at least thirty=five days before the day of the election at 9 15 which members of the board are elected. When objections are 9 16 filed, notice shall immediately be given to the candidate 9 17 affected, addressed to the candidate's place of residence as 9 18 given on the candidate's affidavit, stating that objections 9 19 have been made to the legal sufficiency of the petition or to 9 20 the eligibility of the candidate, and also stating the time and 9 21 place the objections will be considered. The board secretary 9 22 county commissioner shall also attempt to notify the candidate 9 23 by telephone if the candidate provided a telephone number on 9 24 the candidate's affidavit. 9 25 Sec. 20. Section 260C.15, Code 2013, is amended by adding 9 26 the following new subsection: 9 27 NEW SUBSECTION. 4A. A candidate nominated under this 9 28 section may withdraw the candidate's nomination by a written 9 29 request filed with the county commissioner of elections 9 30 responsible under section 47.2 for conducting elections held 9 31 for the merged area at least thirty=five days before the day of 9 32 the election at which members of the board are elected. 9 33 Sec. 21. Section 275.25, subsection 1, paragraph b, Code 9 34 2013, is amended to read as follows: 9 35 b. The election shall be conducted as provided in section 10 1 277.3, and nomination petitions shall be filed pursuant to 10 2 section 277.4, except as otherwise provided in this subsection. 10 3 Nomination petitions shall be filed with the secretary of the 10 4 board of county commissioner of elections responsible under 10 5 section 47.2 for conducting elections held for the existing 10 6 school district in which the candidate resides not less than 10 7 twenty=eight days before the date set for the special school 10 8 election. The secretary of the board commissioner, or the 10 9 secretary's commissioner's designee, shall be present in the 10 10 secretary's commissioner's office until 5:00 p.m. on the final 10 11 day to file the nomination papers. The nomination papers shall 10 12 be delivered to the commissioner no later than 5:00 p.m. on the 10 13 twenty=seventh day before the election. 10 14 Sec. 22. Section 277.4, subsections 1, 3, and 4, Code 2013, 10 15 are amended to read as follows: 10 16 1. Nomination papers for all candidates for election 10 17 to office in each school district shall be filed with the 10 18 secretary of the school board county commissioner of elections 10 19 responsible under section 47.2 for conducting elections held 10 20 for the school district not more than sixty=four days, nor less 10 21 than forty days before the election. Nomination petitions 10 22 shall be filed not later than 5:00 p.m. on the last day for 10 23 filing. If the school board secretary is not readily available 10 24 during normal office hours, the secretary may designate a 10 25 full=time employee of the school district who is ordinarily 10 26 available to accept nomination papers under this section. On 10 27 the final date for filing nomination papers the office of the 10 28 school secretary county commissioner shall remain open until 10 29 5:00 p.m. 10 30 3. The secretary of the school board county commissioner 10 31 shall accept the petition for filing if on its face it appears 10 32 to have the requisite number of signatures and if it is timely 10 33 filed. The secretary of the school board county commissioner 10 34 shall note upon each petition and affidavit accepted for filing 10 35 the date and time that the petition was filed. The secretary 11 1 of the school board shall deliver all nomination petitions, 11 2 together with the complete text of any public measure being 11 3 submitted by the board to the electorate, to the county 11 4 commissioner of elections on the day following no later than 11 5 the last day on which nomination petitions can be filed, and 11 6 not later than 5:00 p.m. on that day. 11 7 4. Any person on whose behalf nomination petitions have been 11 8 filed under this section may withdraw as a candidate by filing 11 9 a signed statement to that effect with the secretary county 11 10 commissioner of elections responsible under section 47.2 for 11 11 conducting elections held for the school district at any time 11 12 prior to 5:00 p.m. on the thirty=fifth day before the election. 11 13 Sec. 23. Section 277.5, Code 2013, is amended to read as 11 14 follows: 11 15 277.5 Objections to nominations. 11 16 1. Objections to the legal sufficiency of a nomination 11 17 petition or to the eligibility of a candidate may be filed by 11 18 any person who would have the right to vote for a candidate for 11 19 the office in question. The objection must be filed with the 11 20 secretary of the school board county commissioner of elections 11 21 responsible under section 47.2 for conducting elections held 11 22 for the school district at least thirty=five days before 11 23 the day of the school election. When objections are filed 11 24 notice shall forthwith be given to the candidate affected, 11 25 addressed to the candidate's place of residence as given on the 11 26 candidate's affidavit, stating that objections have been made 11 27 to the legal sufficiency of the petition or to the eligibility 11 28 of the candidate, and also stating the time and place the 11 29 objections will be considered. 11 30 2. Objections shall be considered not later than two working 11 31 days following the receipt of the objections by the president 11 32 of the school board, the secretary of the school board, and 11 33 one additional member of the school board chosen by ballot. 11 34 If objections have been filed to the nominations of either of 11 35 those school officials, that official shall not pass on the 12 1 objection. The official's place shall be filled by a member 12 2 of the school board against whom no objection exists. The 12 3 replacement shall be chosen by ballot. 12 4 Sec. 24. Section 277.7, Code 2013, is amended to read as 12 5 follows: 12 6 277.7 Petitions for public measures. 12 7 1. A petition filed with the school board to request an 12 8 election on a public measure shall be examined before it is 12 9 accepted for filing. If the petition appears valid on its face 12 10 it shall be accepted for filing. If it lacks the required 12 11 number of signatures it shall be returned to the petitioners. 12 12 2. Petitions which have been accepted for filing are valid 12 13 unless written objections are filed. Objections must be filed 12 14 with the secretary of the school board within five working days 12 15 after the petition was filed. The objection process in section 12 16 277.5, subsection 2, shall be followed for objections filed 12 17 pursuant to this section. 12 18 Sec. 25. Section 280.9A, subsection 3, Code 2013, is amended 12 19 to read as follows: 12 20 3. At least twice during each school year, the board of 12 21 directors of each local public school district operating a 12 22 high school and the authorities in charge of each accredited 12 23 nonpublic school operating a high school shall offer the 12 24 opportunity to register to vote to each student who is at least 12 25 seventeen and one=half years of age, as required by section 12 26 48A.23. 12 27 Sec. 26. Section 372.13, subsection 2, paragraph a, Code 12 28 2013, is amended to read as follows: 12 29 a. (1) By appointment by the remaining members of the 12 30 council, except that if the remaining members do not constitute 12 31 a quorum of the full membership, paragraph "b" shall be 12 32 followed. The appointment shall be for the period until the 12 33 next pending election as defined in section 69.12, and shall 12 34 be made within forty days after the vacancy occurs. If the 12 35 council fails to make an appointment within forty days as 13 1 required by this subsection, the city clerk shall give notice 13 2 of the vacancy to the county commissioner and the county 13 3 commissioner shall call a special election to fill the vacancy 13 4 at the earliest practicable date but no fewer than thirty=two 13 5 days after the notice is received by the county commissioner. 13 6 (2) If the council chooses to proceed under this paragraph, 13 7 it shall publish notice in the manner prescribed by section 13 8 362.3, stating that the council intends to fill the vacancy 13 9 by appointment but that the electors of the city or ward, as 13 10 the case may be, have the right to file a petition requiring 13 11 that the vacancy be filled by a special election. The council 13 12 may publish notice in advance if an elected official submits 13 13 a resignation to take effect at a future date. The council 13 14 may make an appointment to fill the vacancy after the notice 13 15 is published or after the vacancy occurs, whichever is later. 13 16 However, if within fourteen days after publication of the 13 17 notice or within fourteen days after the appointment is made, 13 18 there is filed with the city clerk a petition which requests a 13 19 special election to fill the vacancy, an appointment to fill 13 20 the vacancy is temporary and the council shall call a special 13 21 election to fill the vacancy permanently, under paragraph "b". 13 22 The number of signatures of eligible electors of a city for a 13 23 valid petition shall be determined as follows: 13 24 (1) (a) For a city with a population of ten thousand or 13 25 less, at least two hundred signatures or at least the number of 13 26 signatures equal to fifteen percent of the voters who voted for 13 27 candidates for the office at the preceding regular election at 13 28 which the office was on the ballot, whichever number is fewer. 13 29 (2) (b) For a city with a population of more than ten 13 30 thousand but not more than fifty thousand, at least one 13 31 thousand signatures or at least the number of signatures equal 13 32 to fifteen percent of the voters who voted for candidates for 13 33 the office at the preceding regular election at which the 13 34 office was on the ballot, whichever number is fewer. 13 35 (3) (c) For a city with a population of more than fifty 14 1 thousand, at least two thousand signatures or at least the 14 2 number of signatures equal to ten percent of the voters who 14 3 voted for candidates for the office at the preceding regular 14 4 election at which the office was on the ballot, whichever 14 5 number is fewer. 14 6 (4) (d) The minimum number of signatures for a valid 14 7 petition pursuant to subparagraphs (1) subparagraph divisions 14 8 (a) through (3) (c) shall not be fewer than ten. In 14 9 determining the minimum number of signatures required, if at 14 10 the last preceding election more than one position was to be 14 11 filled for the office in which the vacancy exists, the number 14 12 of voters who voted for candidates for the office shall be 14 13 determined by dividing the total number of votes cast for the 14 14 office by the number of seats to be filled. 14 15 Sec. 27. Section 376.1, Code 2013, is amended to read as 14 16 follows: 14 17 376.1 City election held ==== absentee ballot elections 14 18 authorized. 14 19 1. A city shall hold a regular city election on the first 14 20 Tuesday after the first Monday in November of each odd=numbered 14 21 year. A city shall hold regular, special, primary, or runoff 14 22 city elections as provided by state law. 14 23 2. The mayor or council shall give notice of any special 14 24 election to the county commissioner of elections. The county 14 25 commissioner of elections shall publish notice of any city 14 26 election and conduct the election pursuant to the provisions of 14 27 chapters 39 to 53, except as otherwise specifically provided 14 28 in chapters 362 to 392. The results of any election shall be 14 29 canvassed by the county board of supervisors and certified 14 30 by the county commissioner of elections to the mayor and the 14 31 council of the city for which the election is held. 14 32 3. a. The council of a city with a population of two 14 33 hundred or less according to the most recent federal decennial 14 34 census may adopt an ordinance providing that elections be 14 35 conducted by absentee ballot. If the city council adopts 15 1 such an ordinance, the clerk shall notify the commissioner 15 2 of elections of the adoption of the ordinance, and the 15 3 commissioner shall mail an absentee ballot application form 15 4 by forwardable mail to each registered voter within the city 15 5 who is on active status pursuant to section 48A.37 no fewer 15 6 than twenty=five days before each regular city election or 15 7 special election for the city. The commissioner shall also 15 8 enclose a postage paid return envelope and a notice in the form 15 9 prescribed by the state commissioner informing the voter that 15 10 voting in person on election day will also be available at the 15 11 commissioner's office during the time the polls are open. The 15 12 commissioner may designate one additional site as an election 15 13 day polling place for a city that adopts an ordinance pursuant 15 14 to this subsection. The location of the additional polling 15 15 place shall be included in the notice to the voter. 15 16 b. The additional polling place designated under this 15 17 subsection is subject to the requirements of section 49.21 15 18 relating to accessibility to persons with disabilities 15 19 and relating to the posting of signs. The location of the 15 20 additional polling place shall be published by the county 15 21 commissioner of elections as required by section 49.53. 15 22 c. The provisions of chapter 53, insofar as applicable, 15 23 shall apply to absentee ballot elections authorized under this 15 24 subsection. 15 25 Sec. 28. Section 376.4, subsection 1, paragraph a, Code 15 26 2013, is amended to read as follows: 15 27 a. An eligible elector of a city may become a candidate 15 28 for an elective city office by filing with the city clerk 15 29 county commissioner of elections responsible under section 47.2 15 30 for conducting elections held for the city a valid petition 15 31 requesting that the elector's name be placed on the ballot 15 32 for that office. The petition must be filed not more than 15 33 seventy=one days and not less than forty=seven days before the 15 34 date of the election, and must be signed by eligible electors 15 35 equal in number to at least two percent of those who voted to 16 1 fill the same office at the last regular city election, but not 16 2 less than ten persons. However, for those cities which may be 16 3 required to hold a primary election, the petition must be filed 16 4 not more than eighty=five days and not less than sixty=eight 16 5 days before the date of the regular city election. Nomination 16 6 petitions shall be filed not later than 5:00 p.m. on the last 16 7 day for filing. 16 8 Sec. 29. Section 376.4, subsections 3, 4, and 5, Code 2013, 16 9 are amended to read as follows: 16 10 3. If the city clerk is not readily available during normal 16 11 office hours, the city clerk shall designate other employees or 16 12 officials of the city who are ordinarily available to accept 16 13 nomination papers under this section. On the final date for 16 14 filing nomination papers the office of the city clerk county 16 15 commissioner shall remain open until 5:00 p.m. 16 16 4. The city clerk county commissioner shall review each 16 17 petition and affidavit of candidacy for completeness following 16 18 the standards in section 45.5 and shall accept the petition 16 19 for filing if on its face it appears to have the requisite 16 20 number of signatures and if it is timely filed. The city 16 21 clerk county commissioner shall note upon each petition and 16 22 affidavit accepted for filing the date and time that they were 16 23 filed. The clerk county commissioner shall return any rejected 16 24 nomination papers to the person on whose behalf the nomination 16 25 papers were filed. 16 26 5. Nomination papers filed with the city clerk county 16 27 commissioner shall be available for public inspection. 16 28 5A. The city clerk shall deliver all nomination papers 16 29 together with the text of any public measure being submitted by 16 30 the city council to the electorate to the county commissioner 16 31 of elections on the day following no later than the last day 16 32 on which nomination petitions can be filed, and not later than 16 33 5:00 p.m. on that day. 16 34 Sec. 30. Section 376.11, subsections 3, 4, and 5, Code 2013, 16 35 are amended to read as follows: 17 1 3. In city primary elections any person who receives 17 2 write=in votes shall execute an affidavit in substantially the 17 3 form required by section 45.3, and file it with the county 17 4 commissioner of elections or the city clerk not later than 5:00 17 5 p.m. on the day after the canvass of the primary election. 17 6 If any person who received write=in votes fails to file the 17 7 affidavit at the time required, the county commissioner shall 17 8 disregard the write=in votes cast for that person. A notation 17 9 shall be made on the abstract of votes showing which persons 17 10 who received write=in votes filed affidavits. The total number 17 11 of votes cast for each office on the ballot shall be amended by 17 12 subtracting the write=in votes of those candidates who failed 17 13 to file the affidavit. It is not necessary for a candidate 17 14 whose name was printed upon the ballot to file an affidavit. 17 15 Of the remaining candidates, those who receive the highest 17 16 number of votes to the extent of twice the number of unfilled 17 17 positions shall be placed on the ballot for the regular city 17 18 election as candidates for that office. 17 19 4. In cities in which the city council has chosen a runoff 17 20 election in lieu of a primary, if a person who was elected 17 21 by write=in votes chooses not to accept the office by filing 17 22 a resignation notice with the city clerk or commissioner of 17 23 elections not later than 5:00 p.m. on the day following the 17 24 canvass, all remaining persons who received write=in votes and 17 25 who wish to be considered candidates for the runoff election 17 26 shall execute an affidavit in substantially the form required 17 27 by section 45.3 and file it with the county commissioner or 17 28 the city clerk not later than 5:00 p.m. of the fourth day 17 29 following the canvass. If a person receiving write=in votes 17 30 fails to file the affidavit at the time required, the county 17 31 commissioner of elections shall disregard the write=in votes 17 32 cast for that person. The abstract of votes shall be amended 17 33 to show that the person who was declared elected declined the 17 34 office and a notation shall be made next to the names of those 17 35 persons who did not file the affidavit. A runoff election 18 1 shall be held with the remaining candidates who have the 18 2 highest number of votes to the extent of twice the number of 18 3 unfilled positions. 18 4 5. In a city in which the council has chosen a runoff 18 5 election, if no person was declared elected for an office, all 18 6 persons who received write=in votes shall execute an affidavit 18 7 in substantially the form required by section 45.3 and file it 18 8 with the county commissioner of elections or the city clerk not 18 9 later than 5:00 p.m. on the day following the canvass of votes. 18 10 If any person who received write=in votes fails to file the 18 11 affidavit, the county commissioner of elections shall disregard 18 12 the write=in votes cast for that person. The abstract of votes 18 13 shall be amended to note which of the write=in candidates 18 14 failed to file the affidavit. A runoff election shall be held 18 15 with the remaining candidates who have the highest number of 18 16 votes to the extent of twice the number of unfilled positions. 18 17 Sec. 31. Section 602.8102, subsection 15, Code 2013, is 18 18 amended to read as follows: 18 19 15. Monthly, notify the county commissioner of registration 18 20 and the state registrar of voters of persons seventeen and 18 21 one=half years of age and older who have been convicted of a 18 22 felony during the preceding calendar month or persons who at 18 23 any time during the preceding calendar month have been legally 18 24 declared to be a person who is incompetent to vote as that term 18 25 is defined in section 48A.2. 18 26 Sec. 32. REPEAL. Section 53.14, Code 2013, is repealed. 18 27 Sec. 33. EFFECTIVE DATE. The following provision or 18 28 provisions of this Act take effect January 1, 2014: 18 29 1. The section of this Act amending section 48A.5, 18 30 subsection 2, paragraph "c". 18 31 2. The section of this Act amending section 48A.14, 18 32 subsection 1, paragraph "b". 18 33 3. The section of this Act amending section 48A.23, 18 34 subsection 1. 18 35 4. The section of this Act amending section 48A.26, 19 1 subsection 9. 19 2 5. The section of this Act amending section 48A.31. 19 3 6. The section of this Act amending section 280.9A, 19 4 subsection 3. 19 5 7. The section of this Act amending section 602.8102, 19 6 subsection 15. 19 7 EXPLANATION 19 8 This bill relates to the policy administration of the 19 9 election and voter registration laws by the secretary of state. 19 10 The bill requires that the county commissioner of 19 11 registration accept completed voter registration forms from 19 12 registrants who are at least 17 years of age. Current law 19 13 requires the county commissioner of registration to accept such 19 14 forms from registrants who are at least 17 and one=half years 19 15 of age. These provisions of the bill take effect January 1, 19 16 2014. 19 17 In 2008, Code section 49.21, relating to designation of 19 18 polling places, eliminated language regarding accessibility to 19 19 elderly persons and retained language regarding accessibility 19 20 to persons with disabilities. The bill strikes the same 19 21 language referring to accessibility to elderly persons at 19 22 voting centers, to conform with Code section 49.21. 19 23 The bill requires that any authority supported by taxation 19 24 under the laws of Iowa make space available for the training 19 25 of precinct election officials and other election personnel 19 26 upon the application of the county commissioner of elections. 19 27 The bill requires that the commissioner only schedule and 19 28 conduct such training courses at locations that are accessible 19 29 to and functional for persons with disabilities and that such 19 30 courses not interfere with previously scheduled events at those 19 31 locations. 19 32 The bill provides that the county commissioner of elections 19 33 shall not mail an absentee ballot to a person who is included 19 34 within the term "armed forces of the United States" as defined 19 35 in Code section 53.37 sooner than 50 days before any election. 20 1 The bill retains the provision that absentee ballots shall 20 2 be made available for voting in person at the commissioner's 20 3 office not more than 40 days before an election. 20 4 The bill repeals a Code section that requires a voter's 20 5 party affiliation be designated in the voter affidavit on the 20 6 unsealed affidavit envelope if the enclosed ballot is a primary 20 7 election ballot. 20 8 The bill further provides that satellite absentee voting 20 9 stations shall not be established sooner than 40 days before 20 10 an election. The bill requires that a petition for the 20 11 establishment of a satellite absentee voting station be on a 20 12 form prescribed by the state commissioner of elections, and 20 13 as provided in the bill. The bill provides that a county 20 14 commissioner of elections is only required to accept one 20 15 valid petition for each precinct in each election. The bill 20 16 requires at a minimum that the county commissioner honor the 20 17 first valid petition for a satellite absentee voting station 20 18 if more than one petition is filed for a station in the same 20 19 precinct for the same election. The bill requires that 20 20 the commissioner accept an additional valid petition if the 20 21 commissioner determines operation of such a voting station 20 22 to be impracticable at the location described in the earlier 20 23 filed petition. The commissioner is required to post notice of 20 24 received petitions on the county's internet site, if any, and 20 25 at the commissioner's office. 20 26 The bill provides that any objection to a petition 20 27 requesting a satellite absentee voting station shall be filed 20 28 with the county commissioner no later than two days following 20 29 the petition filing deadline. The county commissioner is 20 30 required to provide notice to the person circulating the 20 31 petition upon the filing of such an objection. 20 32 The bill requires that nomination petitions and affidavits 20 33 of candidacy of candidates for member of the board of 20 34 directors of a merged area, objections to such nominations, 20 35 and withdrawals of such nominations be filed with the county 21 1 commissioner of elections responsible for conducting elections 21 2 for the merged area, rather than with the secretary of the 21 3 board. The bill also requires the county commissioner, 21 4 rather than the secretary of the board, to attempt to notify 21 5 the candidate by telephone if an objection is filed if the 21 6 candidate provided a telephone number. 21 7 The bill requires that nomination petitions and affidavits 21 8 of candidacy for a school district elected office, withdrawals 21 9 of such nominations, and objections to nominations be filed 21 10 with the county commissioner of elections responsible for 21 11 conducting elections for the school district. Current 21 12 law requires that such nomination papers, withdrawals, and 21 13 objections be filed with the secretary of the school board. 21 14 Under current law, the remaining members of a city council 21 15 may fill a vacancy on the council by appointment or by special 21 16 election. If by appointment, the appointment must be made 21 17 within 40 days after the vacancy occurs. The bill requires 21 18 the city clerk to notify the county commissioner of elections 21 19 if the council fails to make such an appointment within the 21 20 required 40 days. Upon receipt of such notice, the county 21 21 commissioner of elections shall call a special election to fill 21 22 the vacancy at the earliest practicable date, but no sooner 21 23 than 32 days after receiving such notice. 21 24 The bill allows cities with populations of 200 or less to 21 25 adopt an ordinance providing that city elections be conducted 21 26 by absentee ballot. The bill requires the county commissioner 21 27 of elections responsible for conducting elections for such a 21 28 city to mail an absentee ballot application form by forwardable 21 29 mail to each active status registered voter within the city 21 30 no fewer than 25 days before each regular city election or 21 31 special election for that city. The bill requires that the 21 32 county commissioner of elections also enclose a postage paid 21 33 return envelope and a notice that in=person voting will also 21 34 be available at the county commissioner's office on the day of 21 35 the election and, if applicable, the location of the additional 22 1 polling place. The bill allows the county commissioner to 22 2 designate one additional election day polling place for such 22 3 cities. 22 4 The bill further requires that nomination petitions and 22 5 affidavits of candidacy for elective city office, withdrawals 22 6 of such nominations, and objections to nominations be filed 22 7 with the county commissioner of elections responsible for 22 8 conducting elections for the city. LSB 1135DP (5) 85 aw/sc
Text: HSB21            Text: HSB23