Iowa Legislature: SSB1241

Senate Study Bill 1241 - IntroducedA Bill ForAn Act 1relating to the conduct of state and local elections,
2providing penalties, and including effective date
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PROCEDURES FOR PROPOSED AMENDMENTS TO THE IOWA CONSTITUTION
3   Section 1.  Section 49.43, subsection 2, Code 2019, is
4amended to read as follows:
   52.  Constitutional amendments and other public measures may
6 shall be summarized by the commissioner as provided in sections
749.44 and 52.25.
8   Sec. 2.  Section 49.44, subsection 1, Code 2019, is amended
9to read as follows:
   101.  When a proposed constitutional amendment or other public
11measure to be decided by the voters of the entire state is to
12be voted upon, the state commissioner shall prepare a written
13summary of the amendment or measure including the number of
14the amendment or statewide public measure assigned by the
15state commissioner. The summary shall be printed immediately
16preceding the text of the proposed amendment or measure on the
17paper ballot or optical scan ballot referred to in section
1849.43. If the complete text of the proposed amendment or
19 public measure will not fit on the ballot it shall be posted
20inside the voting booth. A copy of the full text shall be
21included with any absentee ballots.
22   Sec. 3.  Section 49A.1, Code 2019, is amended to read as
23follows:
   2449A.1  Publication of proposed amendment.
   251.  Whenever any proposition to amend the Constitution has
26passed the general assembly and been referred to the next
27succeeding legislature, the state commissioner of elections
28shall endeavor to cause the same to be published, once each
29month, in two newspapers of general circulation in each
30congressional district in the state, for the time required by
31the Constitution.
   322.  a.  The legislative services agency shall maintain on
33the internet site of the agency a list of all propositions
34to amend the Constitution as they are filed for each general
35assembly commencing on or after the effective date of this Act.
-1-1Such lists shall include links to the text of the proposed
2amendments.
   3b.  The legislative services agency shall maintain on the
4internet site of the agency separate lists for propositions to
5amend the Constitution that have been passed by one general
6assembly and by two consecutive general assemblies. Such lists
7shall include links to the text of the proposed amendments and
8shall be updated no later than one week after the conclusion of
9each session of the general assembly. A proposition to amend
10the Constitution published consistent with this paragraph shall
11be considered published as required by the Constitution.
12   Sec. 4.  REPEAL.  Sections 49A.10 and 49A.11, Code 2019, are
13repealed.
14DIVISION II
15ISSUANCE OF BONDS
16   Sec. 5.  Section 49.45, Code 2019, is amended to read as
17follows:
   1849.45  General form of ballot.
   191.  Ballots referred to in section 49.43 shall be
20substantially in the following form:
21Shall the following amendment to the Constitution (or public
22measure) be adopted?
23Yes
24No
25(Here insert the summary, if it is for a constitutional
26amendment or statewide public measure, and in full the proposed
27constitutional amendment or public measure. The number
28assigned by the state commissioner or the letter assigned
29by the county commissioner shall be included on the ballot
30centered above the question, “Shall the following amendment to
31the Constitution [or public measure] be adopted?”.)
   322.  A public measure to approve the issuance of a bond
33pursuant to chapter 75 or 296 shall include on the ballot the
34current property tax levy, which shall immediately follow
35the proposed levy, and the term of the bond. Such a public
-2-1measure shall also include on the ballot the average increase
2or decrease in cost of an average home in each county, as well
3as the average of such averages, according to data provided by
4the United States census bureau.
5DIVISION III
6SELF-PROMOTION WITH TAXPAYER FUNDS
7   Sec. 6.  Section 68A.405A, Code 2019, is amended by adding
8the following new subsection:
9   NEW SUBSECTION.  3.  For the purposes of this section,
10“direct mass mailing” means a mailing, regardless of whether
11the mailing was sent in response to a request or due to the
12recipient’s enrollment in a program, the purpose of which is to
13attract public attention to a person, policy, product, service,
14program, initiative, law, legislation, event, or activity
15promoted by the statewide elected official that is all of the
16following:
   17a.  Printed material delivered by the United States mail or
18other delivery service.
   19b.  Sent to more than two hundred physical addresses.
   20c.  Substantially similar or identical as regards each
21mailing.
   22d.  Sent at the same time or within a thirty-day period.
23DIVISION IV
24HOSPITAL BOARD OF TRUSTEES ELECTIONS
25   Sec. 7.  Section 347.9, subsection 1, Code 2019, is amended
26to read as follows:
   271.  When it has been determined by the voters of a county
28to establish a county public hospital, the board shall appoint
29five or seven trustees chosen from among the resident citizens
30of the county with reference to their fitness for office.
31The appointed trustees shall hold office until the following
32general election, at which time their successors shall be
33elected, three for a term of four years and the remainder
34for a term of two years, and they shall determine by lot
35their respective terms, and thereafter their successors shall
-3-1be elected for regular terms of four years each, except as
2provided in subsection 3.
3   Sec. 8.  Section 347.9, Code 2019, is amended by adding the
4following new subsection:
5   NEW SUBSECTION.  3.  Trustees in a county with a population
6of at least four hundred thousand shall serve for a term of six
7years. A trustee elected to a term of four years in or after
8January 2018 shall instead serve a term of six years.
9   Sec. 9.  Section 347.10, Code 2019, is amended to read as
10follows:
   11347.10  Vacancies.
   12Vacancies on the board of trustees may, until the next
13general election, be filled by appointment by the remaining
14members of the board of trustees or, if fewer than a
15majority of the trustees remain on the board, by the board of
16supervisors for the period until the vacancies are filled by
17election. An appointment made under this section shall be for
18the unexpired balance of the term of the preceding trustee. If
19a board member is absent for four consecutive regular board
20meetings, without prior excuse, or fails to comply with more
21stringent attendance requirements for regular board meetings
22included in the bylaws governing the board, the member’s
23position shall be declared vacant and filled as set out in this
24section.
25   Sec. 10.  HOSPITAL BOARD OF TRUSTEES ELECTIONS.
  26Notwithstanding section 347.9, for elections held pursuant to
27section 347.9 in 2022 in which more than seventy percent of
28trustee positions on a board are on the ballot:
   291.  If there are seven trustees on the board:
   30a.  If six trustees are to be elected, the four elected who
31receive the highest number of votes are elected for four-year
32terms. The remainder are elected for two-year terms. In case
33of a tie, the county auditor shall determine by lot which of
34the trustees with the lowest number of winning votes shall
35serve two-year terms and thereafter their successors shall be
-4-1elected for regular terms as provided in section 347.9.
   2b.  If five trustees are to be elected, the four elected who
3receive the highest number of votes are elected for four-year
4terms. The remaining trustee is elected for a two-year term.
5In case of a tie, the county auditor shall determine by lot
6which of the trustees with the lowest number of winning votes
7shall serve the two-year term and thereafter their successors
8shall be elected for regular terms as provided in section
9347.9.
   102.  If there are five trustees on the board, if four trustees
11are to be elected, the three elected who receive the highest
12number of votes are elected for four-year terms. The remaining
13trustee is elected for a two-year term. In case of a tie, the
14county auditor shall determine by lot which of the trustees
15with the lowest number of winning votes shall serve the
16two-year term and thereafter their successors shall be elected
17for regular terms as provided in section 347.9.
18DIVISION V
19TECHNICAL CHANGES
20   Sec. 11.  Section 39A.3, subsection 1, paragraph a, Code
212019, is amended by adding the following new subparagraph:
22   NEW SUBPARAGRAPH.  (5)  Falsely or fraudulently signs
23nomination papers on behalf of another person.
24   Sec. 12.  Section 39A.3, subsection 1, Code 2019, is amended
25by adding the following new paragraph:
26   NEW PARAGRAPH.  c.  Miscellaneous offenses.  Uses voter
27registration information, including resale or redistribution
28of the voter registration list without written permission of
29the state registrar, for purposes other than those permitted
30by section 48A.39.
31   Sec. 13.  Section 39A.4, subsection 1, paragraph c,
32subparagraph (5), Code 2019, is amended by striking the
33subparagraph.
34   Sec. 14.  Section 39A.6, Code 2019, is amended to read as
35follows:
-5-   139A.6  Technical infractions — notice.
   21.  If the state commissioner or county commissioner becomes
3aware of an apparent technical violation of a provision of
4chapters 39 through 53, the state commissioner or county
5commissioner may administratively provide a written notice
6and letter of instruction to the responsible person regarding
7proper compliance procedures.
   82.  If the state commissioner sends a notice of such a
9technical infraction to a county commissioner, the state
10commissioner may require a written explanation of the
11occurrence, and measures that the person took to redress the
12issues contained within the notice.
   133.  This notice is not a final determination of facts or law
14in the matter, and does not entitle a person to a proceeding
15under chapter 17A.
16   Sec. 15.  Section 43.14, subsection 1, Code 2019, is amended
17by adding the following new paragraph:
18   NEW PARAGRAPH.  g.  The printed name, signature, address,
19and phone number of the person responsible for circulating the
20petition page. The petition page shall clearly indicate that a
21candidate circulating the page shall provide the information
22required by this paragraph.
23   Sec. 16.  Section 43.14, subsection 2, Code 2019, is amended
24to read as follows:
   252.  a.  Signatures on a petition page shall be counted only
26if the information required in subsection 1 is written or
27printed at the top of the page.
   28b.  Nomination papers on behalf of candidates for seats in
29the general assembly need only designate the number of the
30senatorial or representative district, as appropriate, and
31not the county or counties, in which the candidate and the
32petitioners reside.
   33c.  A signature line shall not be counted if the line
34lacks the signature of the eligible elector and the signer’s
35residential address, with street and number, if any, and city.
-6-1A signature line shall not be counted if an eligible elector
2supplies only a partial address or a post office box address,
3or if the signer’s address is obviously outside the boundaries
4of the district.
   5d.  A signature line shall not be counted if any of the
6required information is crossed out or redacted at the time
7the nomination papers are filed with the state commissioner or
8commissioner.
9   Sec. 17.  Section 43.14, subsection 4, Code 2019, is amended
10by adding the following new paragraph:
11   NEW PARAGRAPH.  f.  Any other information required by section
1243.18.
13   Sec. 18.  Section 43.15, subsection 2, Code 2019, is amended
14to read as follows:
   152.  Each signer shall add the signer’s residence residential
16address, with street and number, if any, and the date of
17signing.
18   Sec. 19.  Section 43.22, unnumbered paragraph 1, Code 2019,
19is amended to read as follows:
   20The state commissioner shall, at least sixty-nine days
21before a primary election, or as soon as practicable if an
22objection under section 43.24 is pending, furnish to the
23commissioner of each county a certificate under the state
24commissioner’s hand and seal, which certificate shall show:
25   Sec. 20.  Section 43.24, subsection 1, paragraph b,
26subparagraphs (1) and (2), Code 2019, are amended to read as
27follows:
   28(1)  Those filed with the state commissioner, not less than
29seventy-four days before the date of the election, or for
30certificates of nomination filed under section 43.23, not less
31than seventy days before the date of the election.
   32(2)  Those filed with the commissioner, not less than
33sixty-four days before the date of the election, or for
34certificates of nomination filed under section 43.23, not less
35than sixty-two days before the date of the election.
-7-1   Sec. 21.  Section 45.5, subsection 1, Code 2019, is amended
2by adding the following new paragraph:
3   NEW PARAGRAPH.  f.  The printed name, signature, address,
4and phone number of the person responsible for circulating the
5petition page.
6   Sec. 22.  Section 45.5, subsection 2, Code 2019, is amended
7to read as follows:
   82.  a.  Signatures on a petition page shall be counted only
9if the information required in subsection 1 is written or
10printed at the top of the page.
   11b.  Nomination papers on behalf of candidates for seats in
12the general assembly need only designate the number of the
13senatorial or representative district, as appropriate, and
14not the county or counties, in which the candidate and the
15petitioners reside.
   16c.  A signature line in a nomination petition shall not be
17counted if the line lacks the signature of the eligible elector
18and the signer’s residential address, with street and number,
19if any, and city. A signature line shall not be counted if
20an eligible elector supplies only a partial address or a post
21office box address, or if the signer’s address is obviously
22outside the boundaries of the appropriate ward, city, school
23district or school district director district, legislative
24district, or other district.
   25d.  A signature line shall not be counted if any of the
26required information is crossed out or redacted at the time
27the nomination papers are filed with the state commissioner or
28commissioner.
29   Sec. 23.  Section 45.6, subsection 2, Code 2019, is amended
30to read as follows:
   312.  Each signer shall add the signer’s residence residential
32address, with street and number, if any, and city.
33   Sec. 24.  Section 47.1, subsection 6, Code 2019, is amended
34to read as follows:
   356.  The state commissioner may, at the state commissioner’s
-8-1discretion, examine the records of a commissioner to evaluate
2complaints and to ensure compliance with the provisions
3of chapters 39 through 53. This examination shall include
4assessments conducted or authorized by private or government
5entities to evaluate a county’s security readiness for
6elections-related technology or physical facilities. The state
7commissioner shall adopt rules pursuant to chapter 17A to
8require a commissioner to provide written explanations related
9to examinations conducted pursuant to this subsection. Any
10information that is requested by or in the possession of the
11state commissioner pursuant to this chapter shall not lose its
12confidential status pursuant to section 22.7, subsection 50.
13   Sec. 25.  Section 47.1, Code 2019, is amended by adding the
14following new subsections:
15   NEW SUBSECTION.  7.  The state commissioner may share
16information a county provides to an appropriate government
17agency to safeguard against cybersecurity or physical threats.
18   NEW SUBSECTION.  8.  The state commissioner may adopt rules
19pursuant to chapter 17A to create minimum security protocols
20applicable to county commissioners of elections. If a county
21fails to adhere to these protocols, the state commissioner may
22limit access to the statewide voter registration system.
23   Sec. 26.  Section 47.2, Code 2019, is amended by adding the
24following new subsection:
25   NEW SUBSECTION.  7.  The county commissioner of elections
26shall, to maintain election security, do all of the following:
   27a.  When the county commissioner believes that a
28cybersecurity incident or data breach has occurred, the county
29commissioner shall immediately inform the state commissioner
30of elections.
   31b.  If the county commissioner has no reason to believe
32that a cybersecurity incident or data breach has occurred,
33the county commissioner shall certify that fact to the state
34commissioner on an annual basis.
35   Sec. 27.  Section 47.7, subsection 2, paragraph d, Code 2019,
-9-1is amended to read as follows:
   2d.  The state registrar shall prescribe by rule the
3procedures for access to the state voter registration file,
4security requirements, and access protocols for adding,
5changing, or deleting information from the state voter
6registration file including all of the following:
   7(1)  Access protocols for adding, changing, or deleting
8information from the state voter registration file.
   9(2)  Training requirements for all state voter registration
10file users.
   11(3)  Technology safeguards, including county information
12technology network requirements, necessary to access the state
13voter registration file.
   14(4)  Breach incident response requirements and protocols on
15all matters related to elections.
16   Sec. 28.  Section 47.7, subsection 2, Code 2019, is amended
17by adding the following new paragraph:
18   NEW PARAGRAPH.  e.  The state registrar may rescind access to
19the statewide voter registration file from a user who is not in
20compliance with the prescribed rules.
21   Sec. 29.  Section 48A.9, subsection 4, Code 2019, is amended
22to read as follows:
   234.  Registration forms submitted to voter registration
24agencies, to motor vehicle driver’s license stations, and to
25county treasurer’s offices participating in county issuance of
26driver’s licenses under chapter 321M shall be considered on
27time if they are received no later than 5:00 11:59 p.m.on the
28day registration closes for that election. Offices or agencies
29other than the county commissioner’s office are not required
30to be open for voter registration purposes at times other than
31their usual office hours.
32   Sec. 30.  Section 48A.26, subsection 1, Code 2019, is amended
33to read as follows:
   341.  a.  Except as otherwise provided in paragraph paragraphs
35 “b” and “c” of this subsection, or section 48A.26A, within seven
-10-1working days of receipt of a voter registration form or change
2of information in a voter registration record the commissioner
3shall send an acknowledgment to the registrant at the mailing
4address shown on the registration form. The acknowledgment
5shall be sent by nonforwardable mail.
   6b.  For a voter registration form or change of information
7in a voter registration record submitted at a precinct caucus,
8the commissioner shall send an acknowledgment within forty-five
9days of receipt of the form or change of information.
   10c.  For a voter registration form or change of information in
11a voter registration record submitted within fourteen days of a
12regularly scheduled election, the commissioner shall send an
13acknowledgment within forty-eight hours of receipt of the form
14or change of information.
15   Sec. 31.  Section 49.11, Code 2019, is amended by adding the
16following new subsection:
17   NEW SUBSECTION.  4.  Notice of changes made pursuant to
18subsection 3 shall be reported to the state commissioner at
19least twenty-five days before the next election in which the
20temporary precinct will be active, or, for elections held
21pursuant to section 69.14 while the general assembly is in
22session or within forty-five days of the convening of a session
23of the general assembly, at least ten days before election day.
24   Sec. 32.  Section 49.31, subsection 1, paragraph a, Code
252019, is amended to read as follows:
   26a.  All ballots shall be arranged with the names of
27candidates for each office listed below the office title.
28For partisan elections the name of the political party or
29organization which nominated each candidate shall be listed
30after or below each candidate’s name. The state commissioner
31may prescribe, and a county commissioner may use, uniform
32abbreviations for political parties and organizations.
33   Sec. 33.  Section 49.57, subsection 2, Code 2019, is amended
34to read as follows:
   352.  After the name of each candidate for a partisan office
-11-1the name of the candidate’s political party shall be printed
2in at least six point type. The names of political parties
3and nonparty political organizations may be abbreviated on
4the remainder of the ballot if both the full name and the
5abbreviation appear in the voter instruction area of the
6ballot.
7   Sec. 34.  Section 50.51, subsection 6, Code 2019, is amended
8to read as follows:
   96.  The state commissioner shall adopt rules, pursuant
10to chapter 17A, to implement this section, which may include
11the establishment of pilot programs related to post-election
12audits.
13   Sec. 35.  NEW SECTION.  53.1A  Rules.
   14The state commissioner shall adopt rules pursuant to chapter
1517A for the implementation of this chapter.
16   Sec. 36.  Section 53.8, subsection 1, paragraph a,
17unnumbered paragraph 1, Code 2019, is amended to read as
18follows:
   19Upon receipt of an application for an absentee ballot
20and immediately after the absentee ballots are printed,
21but not more than twenty-nine days before the election, the
22commissioner shall mail an absentee ballot to the applicant
23within twenty-four hours, except as otherwise provided in
24subsection 3. When the United States post office is closed
25in observance of a federal holiday and is not delivering mail
26on the twenty-ninth day before the election, the first day to
27mail absentee ballots is the next business day on which mail
28delivery is available. The absentee ballot shall be sent to
29the registered voter by one of the following methods:
30   Sec. 37.  EFFECTIVE DATE.  This division of this Act, being
31deemed of immediate importance, takes effect upon enactment.
32DIVISION VI
33MISCELLANEOUS PROVISIONS
34   Sec. 38.  Section 54.9, Code 2019, is amended to read as
35follows:
-12-   154.9  Compensation.
   2The electors shall each receive a compensation of
3five dollars one-half of the federal general services
4administration’s per diem rate for the relevant date and
5location for every day’s attendance, and the same mileage as
6members of the general assembly which shall be paid from funds
7not otherwise appropriated from the general fund of the state.
8   Sec. 39.  Section 68.9, subsection 1, Code 2019, is amended
9to read as follows:
   101.  When an impeachment is presented, the senate shall, after
11the hour of final adjournment of the legislature as soon as
12practicable, be forthwith organized as a court of impeachment
13for the trial thereof, at the capitol.
14   Sec. 40.  Section 68.14, Code 2019, is amended to read as
15follows:
   1668.14  Compensation — fees — payment.
   17The presiding officer and members of the senate, while
18sitting as a court of impeachment, and the managers elected
19by the house of representatives, shall receive the sum of
20six dollars each per day be compensated the same as for a
21special session of the general assembly, but shall receive
22no additional compensation during a regular session of the
23general assembly, and shall be reimbursed for mileage expense
24in going from and returning to their places of residence by the
25ordinary traveled routes; the secretary, sergeant at arms, and
26all subordinate officers, clerks, and reporters, shall receive
27such amount as shall be determined upon by a majority vote of
28the members of such court. The same fees shall be allowed to
29witnesses, to officers, and to other persons serving process or
30orders, as are allowed for like services in criminal cases, but
31no fees can be demanded in advance. The state treasurer shall,
32upon the presentation of certificates signed by the presiding
33officer and secretary of the senate, pay all of the foregoing
34compensations and the expenses of the senate incurred under the
35provisions of this chapter.
-13-1DIVISION VII
2NOMINATIONS BY PETITION
3   Sec. 41.  Section 43.20, subsection 1, Code 2019, is amended
4by striking the subsection and inserting in lieu thereof the
5following:
   61.  Nomination papers shall be signed by eligible electors as
7provided in section 45.1.
8   Sec. 42.  Section 45.1, subsections 1, 2, 3, 4, 5, 6, 8, and
99, Code 2019, are amended to read as follows:
   101.  Nominations for candidates for president and vice
11president, governor and lieutenant governor, and for other
12statewide elected offices United States senator may be made by
13nomination petitions signed by not less than one thousand five
14hundred four thousand eligible electors residing in, including
15at least two hundred eligible electors from not less than ten
16counties of the state.
   172.  Nominations for candidates for a representative in
18the United States house of representatives may be made by
19nomination petitions signed by not less than the number of
20eligible electors equal to the number of signatures required in
21subsection 1 divided by the number of congressional districts.
22Signers of the petition shall be eligible electors who are
23residents of the congressional district two thousand eligible
24electors who are residents of the congressional district,
25including seventy-seven eligible electors from at least
26one-half of the counties in the congressional district.
   273.  Nominations for candidates for the state senate may
28be made by nomination petitions signed by not less than one
29 two hundred eligible electors who are residents of the senate
30district.
   314.  Nominations for candidates for the state house of
32representatives may be made by nomination petitions signed
33by not less than fifty one hundred eligible electors who are
34residents of the representative district.
   355.  Nominations for candidates for offices filled by the
-14-1voters of a whole county may be made by nomination petitions
2signed by at least two hundred eligible electors who are
3residents of the county equal in number to at least one percent
4of the number of registered voters in the county on July 1 in
5the year preceding the year in which the office will appear on
6the ballot, or by at least two hundred fifty eligible electors
7who are residents of the county, whichever is less.
   86.  Nominations for candidates for the office of county
9supervisor elected by the voters of a supervisor district may
10be made by nomination petitions signed by at least two hundred
11 eligible electors who are residents of the supervisor district
12equal in number to at least one percent of the number of
13registered voters in the supervisor district on July 1 in the
14year preceding the year in which the office will appear on the
15ballot, or by at least one hundred fifty eligible electors who
16are residents of the supervisor district, whichever is less.
   178.  Nominations for candidates for elective offices in
18cities where the council has adopted nominations under this
19chapter may be submitted as follows:
   20a.  Except as otherwise provided in subsection 9, in cities
21having a population of three thousand five hundred twenty
22thousand or greater according to the most recent federal
23decennial census, nominations may be made by nomination papers
24signed by not less than twenty-five one hundred eligible
25electors who are residents of the city or ward.
   26b.  In cities having a population of one hundred five
27thousand or greater, but less than three thousand five hundred
28 twenty thousand, according to the most recent federal decennial
29census, nominations may be made by nomination papers signed by
30not less than ten fifty eligible electors who are residents of
31the city or ward.
   32c.  In cities having a population less than one hundred one
33thousand or greater, but less than five thousand, according
34to the most recent federal decennial census, nominations may
35be made by nomination papers signed by not less than five
-15-1 twenty-five eligible electors who are residents of the city.
   2d.  In cities having a population less than one thousand,
3according to the most recent federal decennial census,
4nominations may be made by nomination papers signed by not less
5than ten eligible electors who are residents of the city.
   69.  Nominations for candidates, other than partisan
7candidates, for elective offices the office of mayor, alderman
8at large, and ward alderman in special charter cities subject
9to section 43.112 may be submitted as follows: made by
10nomination papers signed by not less than one hundred eligible
11electors residing in the city.
   12a.  For the office of mayor and alderman at large,
13nominations may be made by nomination papers signed by eligible
14electors residing in the city equal in number to at least two
15percent of the total vote received by all candidates for mayor
16at the last preceding city election.
   17b.  For the office of ward alderman, nominations may be made
18by nomination papers signed by eligible electors residing in
19the ward equal in number to at least two percent of the total
20vote received by all candidates for ward alderman in that ward
21at the last preceding city election.
22   Sec. 43.  Section 45.1, Code 2019, is amended by adding the
23following new subsection:
24   NEW SUBSECTION.  02.  Nominations for candidates for
25statewide offices other than those listed in subsection 1 may
26be made by nomination petitions signed by not less than two
27thousand five hundred eligible electors, including at least one
28hundred twenty-five eligible electors from not less than ten
29counties of the state.
30DIVISION VIII
31CONDUCT OF ELECTIONS
32   Sec. 44.  Section 39.2, subsection 4, paragraphs a, b, and c,
33Code 2019, are amended to read as follows:
   34a.  For a county, on the day of the general election, on
35the day of the regular city election, on the date of a special
-16-1election held to fill a vacancy in the same county, or on the
2first Tuesday in March in an odd-numbered year, the first
3Tuesday in May April, or the first second Tuesday in August
4of each year September, or the first Tuesday after the first
5Monday in November. For a county, in an even-numbered year,
6the second Tuesday in January, the last Tuesday in April, or
7the second Tuesday in September.
   8b.  For a city, on the day of the general election, on the
9day of the regular city election, on the date of a special
10election held to fill a vacancy in the same city, or on the
11first Tuesday in March in an odd-numbered year, the first
12Tuesday in May April, or the first second Tuesday in August
13of each year September, or the first Tuesday after the first
14Monday in November. For a city, in an even-numbered year, the
15second Tuesday in January, the last Tuesday in April, or the
16second Tuesday in September.
   17c.  For a school district or merged area, in the odd-numbered
18year, the first second Tuesday in February January, the
19first last Tuesday in April, the last second Tuesday in June
20 September, or the second first Tuesday after the first Monday
21 in September November. For a school district or merged area,
22in the even-numbered year, the first second Tuesday in February
23 January, the first last Tuesday in April, or the second Tuesday
24in September, or the second Tuesday in December.
25   Sec. 45.  Section 39.12, Code 2019, is amended to read as
26follows:
   2739.12  Failure to vacate.
   28An elected official who has been elected to another elective
29office to which section 39.11 applies shall choose only one
30office in which to serve. The official shall resign from all
31but one of the offices to which section 39.11 applies before
32the beginning of the term of the office to which the person
33was most recently elected. Failure to submit the required
34resignation will result in a vacancy in all the first elective
35offices office to which the person was elected.
-17-1   Sec. 46.  Section 43.11, subsection 1, Code 2019, is amended
2to read as follows:
   31.  For an elective county office, in the office of the
4county commissioner not earlier than ninety-two days nor later
5than 5:00 p.m.on the sixty-ninth seventy-fourth day before the
6day fixed for holding the primary election.
7   Sec. 47.  Section 43.16, subsection 2, paragraph b, Code
82019, is amended to read as follows:
   9b.  A person who has filed nomination papers with the
10commissioner may withdraw as a candidate not later than the
11sixty-seventh sixty-ninth day before the primary election by
12notifying the commissioner in writing.
13   Sec. 48.  NEW SECTION.  43.17  Disqualification of defeated
14candidates.
   15A person who files nomination papers pursuant to section
1643.11 but fails to receive the nomination of the political
17party shall not be eligible for election to the office listed
18on the nomination papers in the next general election for that
19office.
20   Sec. 49.  Section 43.23, Code 2019, is amended to read as
21follows:
   2243.23  Death or withdrawal of primary candidate.
   231.  If a person who has filed nomination papers with the
24state commissioner as a candidate in a primary election dies
25or withdraws up to the seventy-sixth day before the primary
26election, the appropriate convention or central committee of
27that person’s political party may designate one additional
28 primary election candidate for the nomination that person
29was seeking, if the designation is submitted to the state
30commissioner in writing by 5:00 p.m.on the seventy-first day
31before the date of the primary election. The name of any
32candidate so submitted shall be included in the appropriate
33certificate or certificates furnished by the state commissioner
34under section 43.22.
   352.  If a person who has filed nomination papers with the
-18-1commissioner as a candidate in a primary election dies or
2withdraws up to the sixty-seventh sixty-ninth day before
3the primary election, the appropriate convention or central
4committee of that person’s political party may designate one
5additional primary election candidate for the nomination
6that person was seeking, if the designation is submitted to
7the commissioner in writing by 5:00 p.m.on the sixty-third
8 sixty-fourth day before the primary election. The name of
9any candidate so submitted shall be placed on the appropriate
10ballot or ballots by the commissioner.
11   Sec. 50.  Section 43.24, subsection 1, paragraph b,
12subparagraph (2), Code 2019, is amended to read as follows:
   13(2)  Those filed with the commissioner, not less than
14sixty-four sixty-seven days before the date of the election.
15   Sec. 51.  Section 43.30, subsection 2, Code 2019, is amended
16to read as follows:
   172.  The commissioner shall make sample ballots available to
18the public upon request. The sample ballots shall be clearly
19marked as sample ballots. A reasonable fee may be charged for
20printing costs if a person requests multiple copies of sample
21ballots. The commissioner shall not distribute sample ballots
22except as provided in this subsection.
23   Sec. 52.  Section 43.36, Code 2019, is amended to read as
24follows:
   2543.36  Australian ballot.
   26The Australian ballot system as now used in this state,
27except as herein modified, shall be used at said primary
28election. The endorsement of the precinct election officials
29and the facsimile of the commissioner’s signature county
30seal shall appear upon the ballots as provided for general
31elections.
32   Sec. 53.  Section 43.78, subsection 2, Code 2019, is amended
33to read as follows:
   342.  The name of any candidate designated to fill a vacancy
35on the general election ballot in accordance with subsection
-19-11, paragraph “a”, “b”, or “c” shall be submitted in writing
2to the state commissioner not later than 5:00 p.m.on the
3seventy-third seventy-sixth day before the date of the general
4election.
5   Sec. 54.  Section 43.79, Code 2019, is amended to read as
6follows:
   743.79  Death of candidate after time for withdrawal.
   8The death of a candidate nominated as provided by law for any
9office to be filled at a general election, during the period
10beginning on the eighty-first seventy-fifth day before the
11general election, in the case of any candidate whose nomination
12papers were filed with the state commissioner, or beginning
13on the seventy-third day before the general election, in the
14case of any candidate whose nomination papers were filed with
15the commissioner, and ending on the last day before at the
16time the polls close on the day of the general election shall
17not operate to remove the deceased candidate’s name from the
18general election ballot. If the deceased candidate was seeking
19the office of senator or representative in the Congress of
20the United States, governor, attorney general, senator or
21representative in the general assembly or county supervisor,
22section 49.58 shall control. If the deceased candidate was
23seeking any other office, and as a result of the candidate’s
24death a vacancy is subsequently found to exist, the vacancy
25shall be filled as provided by chapter 69.
26   Sec. 55.  Section 44.1, Code 2019, is amended to read as
27follows:
   2844.1  Political nonparty organizations.
   29Any convention or caucus of eligible electors representing
30a political organization which is not a political party as
31defined by law, may, for the state, or for any division or
32municipality thereof, or for any county, or for any subdivision
33thereof, for which such convention or caucus is held, make one
34nomination of a candidate for each office to be filled therein
35at the general election. However, in order to qualify for
-20-1any nomination made for a statewide elective office by such
2a political organization there shall be in attendance at the
3convention or caucus where the nomination is made a minimum of
4two hundred fifty five hundred eligible electors including at
5least one eligible elector from each of twenty-five counties.
6In order to qualify for any nomination to the office of United
7States representative there shall be in attendance at the
8convention or caucus where the nomination is made a minimum
9of fifty two hundred eligible electors who are residents of
10the congressional district including at least one eligible
11elector from each of at least one-half of the counties of
12the congressional district. In order to qualify for any
13nomination to an office to be filled by the voters of a county
14or of a city there shall be in attendance at the convention or
15caucus where the nomination is made a minimum of ten twenty
16 eligible electors who are residents of the county or city,
17as the case may be, including at least one eligible elector
18from at least one-half of the voting precincts in that county
19or city. In order to qualify for any nomination made for
20the general assembly there shall be in attendance at the
21convention or caucus where the nomination is made a minimum
22of ten twenty-five eligible electors who are residents of the
23representative district or twenty fifty eligible electors who
24are residents of the senatorial district, as the case may be,
25with at least one eligible elector from one-half of the voting
26precincts in the district in each case. The names of all
27delegates in attendance at such convention or caucus and such
28fact shall be certified to the state commissioner together with
29the other certification requirements of this chapter.
30   Sec. 56.  Section 44.4, Code 2019, is amended to read as
31follows:
   3244.4  Nominations and objections — time and place of filing.
   331.  a.  Nominations made pursuant to this chapter and
34chapter 45 which are required to be filed in the office of the
35state commissioner shall be filed in that office not more than
-21-1ninety-nine days nor later than 5:00 p.m.on the seventy-third
2 eighty-first day before the date of the general election to be
3held in November first Tuesday after the first Monday in June
4in each even-numbered year. Nominations made for a special
5election called pursuant to section 69.14 shall be filed by
65:00 p.m.not less than twenty-five days before the date of
7an election called upon at least forty days’ notice and not
8less than fourteen days before the date of an election called
9upon at least eighteen days’ notice. Nominations made for
10a special election called pursuant to section 69.14A shall
11be filed by 5:00 p.m.not less than twenty-five days before
12the date of the election. Nominations made pursuant to this
13chapter and chapter 45 which are required to be filed in the
14office of the commissioner shall be filed in that office not
15more than ninety-two days nor later than 5:00 p.m.on the
16sixty-ninth seventy-fourth day before the date of the general
17election first Tuesday after the first Monday in June in each
18even-numbered year. Nominations made pursuant to this chapter
19or chapter 45 for city office shall be filed not more than
20seventy-two days nor later than 5:00 p.m.on the forty-seventh
21day before the city election with the county commissioner
22of elections responsible under section 47.2 for conducting
23elections held for the city, who shall process them as provided
24by law.
   25b.  Notwithstanding paragraph “a”, nominations for president
26and vice president of the United States shall be filed in the
27office of the state commissioner not more than ninety-nine days
28nor later than 5:00 p.m.on the eighty-first day before the
29date of the general election to be held in November.
   302.  a.  Objections to the legal sufficiency of a certificate
31of nomination or nomination petition or to the eligibility
32of a candidate may be filed by any person who would have the
33right to vote for a candidate for the office in question.
34The objections must be filed with the officer with whom the
35certificate or petition is filed and within the following time:
-22-   1(1)  Those filed with the state commissioner, not less than
2sixty-eight seventy-four days before the date of the election.
   3(2)  Those filed with the commissioner, not less than
4sixty-four days before the date of the election, except as
5provided in subparagraph (3).
   6(3)  Those filed with the commissioner for an elective city
7office, at least forty-two days before the regularly scheduled
8or special city election. However, for those cities that may
9be required to hold a primary election, at least sixty-three
10days before the regularly scheduled or special city election.
   11(4)  In the case of nominations to fill vacancies occurring
12after the time when an original nomination for an office is
13required to be filed, objections shall be filed within three
14days after the filing of the certificate.
   15b.  Objections shall be filed no later than 5:00 p.m.on the
16final date for filing.
17   Sec. 57.  Section 44.9, subsections 1 and 2, Code 2019, are
18amended to read as follows:
   191.  In the office of the state commissioner, at least
20sixty-eight days before the date of the election as provided
21in section 43.76.
   222.  In the office of the appropriate commissioner, at least
23sixty-four days before the date of the election, except as
24otherwise provided in subsection 6 as provided in section
2543.76.
26   Sec. 58.  Section 47.2, Code 2019, is amended by adding the
27following new subsection:
28   NEW SUBSECTION.  7.  The county commissioner shall not
29participate in an absentee ballot drive or collection effort in
30cooperation with a candidate, candidate’s committee, political
31party, or nonparty political organization.
32   Sec. 59.  NEW SECTION.  47.12  Electronic poll books —
33mandatory.
   34Each county commissioner of elections shall, by February 26,
352020, ensure that each election precinct uses an electronic
-23-1poll book.
2   Sec. 60.  Section 48A.9, subsection 1, Code 2019, is amended
3to read as follows:
   41.  Registration closes at 5:00 p.m.eleven ten days before
5each election except general elections. For general elections,
6registration closes at 5:00 p.m.ten days before the election.
7An eligible elector may register during the time registration
8is closed in the elector’s precinct but the registration shall
9not become effective until registration opens again in the
10elector’s precinct, except as otherwise provided in section
1148A.7A.
12   Sec. 61.  NEW SECTION.  49.2  Oversight by the state
13commissioner.
   14The state commissioner, or a designee of the state
15commissioner, may, at the discretion of the state commissioner,
16oversee the activities of a county commissioner of elections
17during a period beginning sixty days before an election and
18ending sixty days after an election.
19   Sec. 62.  Section 49.21, Code 2019, is amended by adding the
20following new subsection:
21   NEW SUBSECTION.  4.  The commissioner shall remove or obscure
22from the view of voters any material displaying the name of a
23candidate or elected official other than a ballot or sample
24ballot.
25   Sec. 63.  NEW SECTION.  49.42B  Form of official ballot —
26candidates for president and vice president.
   27When candidates for president and vice president of the
28United States appear on the ballot, the following statement
29shall appear directly above the section of the ballot listing
30such candidates:
   31[A ballot cast for the named candidates for president
32and vice president of the United States is considered to be
33cast for the slate of presidential electors nominated by
34the political party, nonparty political organization, or
35independent candidate.]
-24-1   Sec. 64.  NEW SECTION.  49.49  Certain sample ballots
2prohibited.
   3The commissioner and state commissioner of elections shall
4not distribute or authorize the distribution of sample ballots
5to voters other than as provided in sections 49.53 and 52.29.
6   Sec. 65.  Section 49.51, Code 2019, is amended to read as
7follows:
   849.51  Commissioner to control printing.
   9The commissioner shall have charge of the printing of the
10ballots to be used for any election held in the county, unless
11the commissioner delegates that authority as permitted by this
12section. The commissioner may delegate this authority only
13to another commissioner who is responsible under section 47.2
14for conducting the elections held for a political subdivision
15which lies in more than one county, and only with respect to
16printing of ballots containing only public questions or the
17names of candidates to be voted upon by the registered voters
18of that political subdivision. Only one facsimile signature
19 county seal, that of the county of the commissioner under
20whose direction the ballot is printed, shall appear on the
21ballot. It is the duty of the commissioner to insure that the
22arrangement of any ballots printed under the commissioner’s
23direction conforms to all applicable requirements of this
24chapter.
25   Sec. 66.  Section 49.57, subsection 6, Code 2019, is amended
26to read as follows:
   276.  A portion of the ballot shall include the words “Official
28ballot”, the unique identification number or name assigned by
29the commissioner to the ballot style, the date of the election,
30and a facsimile of the signature the county seal of the county
31of the commissioner who has caused the ballot to be printed
32pursuant to section 49.51.
33   Sec. 67.  Section 49.58, subsection 1, Code 2019, is amended
34to read as follows:
   351.  If any candidate nominated by a political party,
-25-1as defined in section 43.2, for the office of senator or
2representative in the Congress of the United States, governor,
3attorney general, or senator or representative in the general
4assembly dies during the period beginning on the eighty-eighth
5 eighty-first day and ending at the time the polls close on the
6last day before of the general election, or if any candidate
7so nominated for the office of county supervisor dies during
8the period beginning on the seventy-third seventy-fourth day
9and ending at the time the polls close on the last day before
10 of the general election, the vote cast at the general election
11for that office shall not be canvassed as would otherwise be
12required by chapter 50. Instead, a special election shall be
13held on the first Tuesday after the second Monday in December,
14for the purpose of electing a person to fill that office.
15   Sec. 68.  Section 49.73, subsection 2, Code 2019, is amended
16to read as follows:
   172.  a.  The commissioner shall not shorten voting hours for
18any election if there is filed in the commissioner’s office, at
19least twenty-five days before the election, a petition signed
20by at least fifty eligible electors of the school district
21or city, as the case may be, requesting that the polls be
22opened not later than 7:00 a.m. All polling places where the
23candidates of or any public question submitted by any one
24political subdivision are being voted upon shall be opened at
25the same hour, except that this requirement shall not apply
26to merged areas established under chapter 260C. The hours at
27which the respective precinct polling places are to open shall
28not be changed after publication of the notice required by
29section 49.53. The polling places shall be closed at 9:00 p.m.
30for state primary and general elections and other partisan
31elections, and for any other election held concurrently
32therewith, and at 8:00 p.m.for all other elections.
   33b.  The legislative services agency shall place on the
34internet site of the agency information regarding the opening
35and closing times of polling places until and including
-26-1November 7, 2023. This paragraph is repealed effective July
21, 2024.
3   Sec. 69.  Section 49.82, Code 2019, is amended to read as
4follows:
   549.82  Voter to receive one ballot — endorsement.
   6When an empty voting booth is available, one of the precinct
7election officials shall endorse the official’s initials on
8each ballot the voter will receive. The initials shall be
9placed so that they may be seen when the ballot is properly
10folded or enclosed in a secrecy folder. The name or signature
11of the commissioner shall not appear on the ballot except as
12part of the list of candidates when the commissioner is a
13candidate for election. The official shall give the voter one
14and only one of each of the ballots to be voted at that election
15in that precinct, except as provided by section 49.100. No
16ballot without the required official endorsement shall be
17placed in the ballot box.
18   Sec. 70.  Section 49A.6, Code 2019, is amended to read as
19follows:
   2049A.6  Certification — sample ballot.
   21The state commissioner of elections shall, not less than
22sixty-nine sixty-three days preceding any election at which a
23constitutional amendment or public measure is to be submitted
24to a vote of the entire people of the state, transmit to the
25county commissioner of elections of each county a certified
26copy of the amendment or measure and a sample of the ballot to
27be used in such cases, prepared in accordance with law.
28   Sec. 71.  Section 50.44, Code 2019, is amended to read as
29follows:
   3050.44  Tie vote.
   311.  If more than the requisite number of persons, including
32 other than for presidential electors, are found to have an
33equal and the highest number of votes, the election of one of
34them shall be determined by lot. The name of each of such
35candidates shall be written on separate pieces of paper, as
-27-1nearly uniform in size and material as possible, and placed in
2a receptacle so that the names cannot be seen. In the presence
3of the board of canvassers, one of them shall publicly draw
4one of such names, and such person shall be declared elected a
5special election shall be held consistent with section 69.14,
6in which each such candidate shall be the only candidates on
7the ballot. The result of such drawing an election shall be
8entered upon the abstract of votes and duly recorded, and a
9certificate of election issued to such person, as provided in
10this chapter.
   112.  If more than the requisite number of presidential
12electors are found to have an equal and the highest number of
13votes, the presidential electors shall be assigned one-half
14to each candidate. If there is an odd number of presidential
15electors, the remaining elector shall be assigned by lot.
16   Sec. 72.  Section 50.48, subsection 3, Code 2019, is amended
17by adding the following new paragraph:
18   NEW PARAGRAPH.  c.  In addition to the persons listed in
19paragraph “a”, the candidate requesting the recount and the
20apparent winning candidate may each submit a request to a
21commissioner from a county other than the county conducting the
22recount to be present at the recount. Such a commissioner may
23report any irregularities observed by the commissioner at any
24time after the election to the state commissioner.
25   Sec. 73.  Section 50.48, subsection 4, paragraph b, Code
262019, is amended to read as follows:
   27b.  Any member of the recount board may at any time during
28the recount proceedings for an election for a statewide
29elected official as defined in section 68B.2 or a United States
30senator extend the recount of votes cast for the office or
31nomination in question to any other precinct or precincts in
32the same county, or from which the returns were reported to
33the commissioner responsible for conducting the election,
34without the necessity of posting additional bond. The recount
35proceedings for an election for any other office shall include
-28-1all precincts in which a ballot for the election was cast.
2   Sec. 74.  NEW SECTION.  50.52  Enforcement.
   3Members of local law enforcement agencies and the state
4patrol are authorized to take all reasonable actions to prevent
5violations of this chapter.
6   Sec. 75.  Section 53.2, subsection 4, paragraph b, Code 2019,
7is amended to read as follows:
   8b.  If insufficient information has been provided, including
9the absence of a voter verification number, either on the
10prescribed form or on an application created by the applicant,
11the commissioner shall, by the best means available, obtain
12the additional necessary information within twenty-four hours
13after the receipt of the absentee ballot request, contact the
14applicant by telephone and electronic mail, if such information
15has been provided by the applicant. If the commissioner is
16unable to contact the applicant by telephone or electronic
17mail, the commissioner shall send a notice to the applicant
18at the address where the applicant is registered to vote, or
19to the applicant’s mailing address if it is different from
20the residence address. If the applicant has requested the
21ballot to be sent to an address that is not the applicant’s
22residential or mailing address, the commissioner shall send an
23additional notice to the address where the applicant requested
24the ballot to be sent. A commissioner shall not use the voter
25registration system to obtain additional necessary information.
26A voter requesting or casting a ballot pursuant to section
2753.22 shall not be required to provide a voter verification
28number. The state commissioner shall adopt rules to implement
29this section.
30   Sec. 76.  Section 53.2, subsection 4, Code 2019, is amended
31by adding the following new paragraph:
32   NEW PARAGRAPH.  d.  If an applicant does not have current
33access to the applicant’s voter verification number, the
34commissioner shall verify the applicant’s identity prior to
35supplying the voter verification number by asking the applicant
-29-1to provide at least two of the following facts about the
2applicant:
   3(1)  Date of birth.
   4(2)  The last four digits of the applicant’s social security
5number, if applicable.
   6(3)  Residential address.
   7(4)  Mailing address.
   8(5)  Middle name.
   9(6)  Voter verification number as defined in paragraph “c”.
10   Sec. 77.  Section 53.10, subsection 2, paragraph a, Code
112019, is amended to read as follows:
   12a.  Each person who wishes to vote by absentee ballot at
13the commissioner’s office shall first sign an application
14for a ballot including the following information: name,
15current address, voter verification number, and the election
16for which the ballot is requested. The person may report a
17change of address or other information on the person’s voter
18registration record at that time. Prior to furnishing a
19ballot, the commissioner shall verify the person’s identity
20as provided in section 49.78. The registered voter shall
21immediately mark the ballot; enclose the ballot in a secrecy
22envelope, if necessary, and seal it in the envelope marked
23with the affidavit; subscribe to the affidavit on the reverse
24side of the envelope; and return the absentee ballot to the
25commissioner. The commissioner shall record the numbers
26appearing on the application and affidavit envelope along with
27the name of the registered voter.
28   Sec. 78.  Section 53.10, subsection 2, Code 2019, is amended
29by adding the following new paragraph:
30   NEW PARAGRAPH.  c.  If an unregistered person offering to
31vote an absentee ballot pursuant to this section prior to
32the deadline in section 48A.9 does not have an Iowa driver’s
33license, an Iowa nonoperator’s identification card, or a voter
34identification number assigned to the voter by the state
35commissioner pursuant to section 47.7, subsection 2, the person
-30-1may satisfy identity and residence requirements as provided in
2section 49.78. This section shall also apply to a registered
3voter casting a ballot pursuant to this section who has not yet
4received a voter verification number.
5   Sec. 79.  Section 53.11, subsection 1, paragraph a, Code
62019, is amended to read as follows:
   7a.  Not more than twenty-nine days before the date of
8an election, satellite absentee voting stations may be
9established throughout the cities and county at the direction
10of the commissioner and shall be established upon receipt
11of a petition signed by not less than one hundred eligible
12electors requesting that a satellite absentee voting station be
13established at a location to be described on the petition, and
14may be established at the direction of the commissioner in the
15case of a special election. However, if a special election is
16scheduled in the county on a date that falls between the date
17of the regular city election and the date of the city runoff
18election, the commissioner is not required to establish a
19satellite absentee voting station for the city runoff election.
20   Sec. 80.  Section 53.11, subsection 1, Code 2019, is amended
21by adding the following new paragraph:
22   NEW PARAGRAPH.  c.  A satellite absentee voting station
23shall not be established in any state-owned building. A
24satellite absentee voting station may be established at a
25county courthouse.
26   Sec. 81.  Section 53.11, subsection 2, paragraph e, Code
272019, is amended to read as follows:
   28e.  For a special election, no later than thirty-two eighteen
29 days before the special election.
30   Sec. 82.  Section 53.11, Code 2019, is amended by adding the
31following new subsection:
32   NEW SUBSECTION.  6.  The commissioner shall remove or obscure
33from the view of voters any material displaying the name of a
34candidate or elected official other than a ballot or sample
35ballot.
-31-1   Sec. 83.  Section 53.17, subsection 1, paragraph b, Code
22019, is amended to read as follows:
   3b.  The sealed return envelope may be mailed to the
4commissioner by the registered voter or by the voter’s
5designee. If mailed by the voter’s designee, the envelope must
6be mailed within seventy-two hours of retrieving it from the
7voter or within time to be postmarked or, if applicable, to
8have the intelligent mail barcode traced to a date of entry
9into the federal mail system not later than the day before the
10election, whichever is earlier.
11   Sec. 84.  Section 53.17, subsection 2, Code 2019, is amended
12to read as follows:
   132.  In order for the ballot to be counted, the return
14envelope must be received in the commissioner’s office before
15the polls close on election day or be clearly postmarked by an
16officially authorized postal service or bear an intelligent
17mail barcode traceable to a date of entry into the federal mail
18system not later than the day before the election and received
19by the commissioner not later than noon on the Monday following
20the election.
21   Sec. 85.  Section 53.17, subsection 4, paragraph f, Code
222019, is amended to read as follows:
   23f.  A statement that the completed absentee ballot will
24be delivered to the commissioner’s office within seventy-two
25hours of retrieving it from the voter or before the closing of
26the polls on election day, whichever is earlier, or that the
27completed absentee ballot will be mailed to the commissioner
28within seventy-two hours of retrieving it from the voter or
29within time to be postmarked or, if applicable, to have the
30intelligent mail barcode traced to a date of entry into the
31federal mail system not later than the day before the election,
32whichever is earlier.
33   Sec. 86.  Section 53.18, subsection 2, Code 2019, is amended
34to read as follows:
   352.  a.  If the commissioner receives the return envelope
-32-1containing the completed absentee ballot by 5:00 p.m.on the
2Saturday before the election for general elections and by 5:00
3p.m.on the Friday before the election for all other elections,
4the commissioner shall review the affidavit marked on the
5return envelope, if applicable, for completeness or shall open
6the return envelope to review the affidavit for completeness.
7If the affidavit is incomplete, the commissioner shall, within
8twenty-four hours of the time the envelope was received,
9notify the voter of that fact and that the voter may complete
10the affidavit in person at the office of the commissioner by
115:00 p.m.on the day before the election, vote a replacement
12ballot in the manner and within the time period provided in
13subsection 3, or appear at the voter’s precinct polling place
14on election day and cast a ballot in accordance with section
1553.19, subsection 3.
   16(1)  If the affidavit lacks the signature of the registered
17voter, the commissioner shall, within twenty-four hours of the
18receipt of the envelope, notify the voter of the deficiency
19and inform the voter that the voter may vote a replacement
20ballot as provided in subsection 3, cast a ballot as provided
21in section 53.19, subsection 3, or complete the affidavit in
22person at the office of the commissioner not later than noon on
23the Monday following the election, or if the law authorizing
24the election specifies that the votes be canvassed earlier than
25the Monday following the election, before the canvass of the
26election.
   27(2)  If the affidavit appears to have been signed by someone
28other than the registered voter, the commissioner shall, within
29twenty-four hours of the receipt of the envelope, notify the
30voter of the deficiency and inform the voter that the voter may
31vote a replacement ballot as provided in subsection 3, cast a
32ballot as provided in section 53.19, subsection 3, or complete
33the affidavit in person at the office of the commissioner by
34providing proof of identity as provided in section 49.78 not
35later than noon on the Monday following the election, or if
-33-1the law authorizing the election specifies that the votes be
2canvassed earlier than the Monday following the election,
3before the canvass of the election.
   4b.  If the commissioner receives the return envelope
5containing the completed absentee ballot after the deadline
6in paragraph “a”, the commissioner shall submit the affidavit
7to the absentee and special voters precinct board for review.
8If the absentee and special voters precinct determines that
9the affidavit is incomplete, the commissioner shall, within
10twenty-four hours of the determination, notify the voter.
   11(1)  If the affidavit lacks the signature of the registered
12voter, the commissioner shall notify the voter that the voter
13may complete the affidavit in person at the office of the
14commissioner not later than noon on the Monday following the
15election, or if the law authorizing the election specifies that
16the votes be canvassed earlier than the Monday following the
17election, before the canvass of the election.
   18(2)  If the affidavit appears to have been signed by someone
19other than the registered voter, the commissioner shall
20notify the voter that the voter may complete the affidavit in
21person at the office of the commissioner by providing proof of
22identity as provided in section 49.78 not later than noon on
23the Monday following the election, or if the law authorizing
24the election specifies that the votes be canvassed earlier than
25the Monday following the election, before the canvass of the
26election.
27   Sec. 87.  Section 53.18, Code 2019, is amended by adding the
28following new subsection:
29  NEW SUBSECTION.  04.  For the purposes of this section, a
30return envelope marked with the affidavit shall be considered
31incomplete if it lacks the registered voter’s signature or it
32appears to the commissioner that the signature on the envelope
33has been signed by someone other than the registered voter,
34in comparing the signature on the envelope to the signature
35on record of the registered voter named on the envelope. A
-34-1signature or marking made in accordance with section 39.3,
2subsection 17, shall cause an affidavit to be considered
3incomplete.
4   Sec. 88.  Section 53.22, subsection 6, paragraph b, Code
52019, is amended to read as follows:
   6b.  Absentee ballots voted under this subsection shall be
7delivered to the commissioner no later than the time the polls
8are closed on election day. If the ballot is returned by mail
9the return envelope must be received by the time the polls
10close, or be clearly postmarked by an officially authorized
11postal service or bear an intelligent mail barcode traceable
12to a date of entry into the federal mail system not later than
13the day before the election and received by the commissioner no
14later than the time established for the canvass by the board of
15supervisors for that election.
16   Sec. 89.  Section 58.1, Code 2019, is amended to read as
17follows:
   1858.1  Notice — grounds.
   19The contestant for the office of governor shall, within
20thirty fourteen days after the proclamation of the result of
21the election, deliver to the presiding officer of each house
22of the general assembly a notice of intent to contest, and a
23specification of the grounds of such contest, as provided in
24chapter 62.
25   Sec. 90.  Section 58.4, subsections 1 and 2, Code 2019, are
26amended to read as follows:
   271.  The names of members of each house, except the presiding
28officer and the majority and minority leaders, written on
29similar paper tickets, shall be placed in a box, the names of
30the senators in their presence by their secretary, and the
31names of the representatives in their presence by their clerk.
   322.  The secretary of the senate in the presence of the
33senate, and the clerk of the house of representatives in
34the presence of the house, shall draw from their respective
35boxes the names of seven five members each. The majority and
-35-1minority leaders of each house shall also serve on the contest
2court.
3   Sec. 91.  NEW SECTION.  68A.507  Deceptive names prohibited.
   4No person shall place on any published material, as defined
5in section 68A.405, a name or abbreviation of a name intended
6to cause a voter to believe that the person represents a
7political party or nonparty political organization of which the
8person is not a candidate.
9   Sec. 92.  Section 69.9, Code 2019, is amended to read as
10follows:
   1169.9  Person removed not eligible.
   12No person can be appointed to fill a vacancy who has been
13removed from office within one year next preceding.
14   Sec. 93.  Section 69.14, Code 2019, is amended to read as
15follows:
   1669.14  Special election to fill vacancies.
   171.  A special election to fill a vacancy shall be held for a
18representative in Congress, when Congress is in session or will
19convene prior to the next general election, or for a senator or
20representative in the general assembly, when the body in which
21such vacancy exists is in session, or the general assembly will
22convene prior to the next general election, and the governor
23shall order, not later than five days from the date the vacancy
24exists, a special election, giving not less than forty days’
25notice of such election.
   262.  In the event the special election is to fill a vacancy
27in the general assembly while it is in session or within
28forty-five days of the convening of any session, the time limit
29provided in this section shall not apply and the governor
30shall order such, not later than five days after the day the
31vacancy occurs, a special election at the earliest practical
32time, giving at least eighteen twenty-one, but no more than
33forty-two, days’ notice of the special election. Any special
34election called under this section must be held on a Tuesday
35and shall not be held on the same day as a school election
-36-1within the district.
2   Sec. 94.  Section 445.5, subsection 1, Code 2019, is amended
3by adding the following new paragraph:
4   NEW PARAGRAPH.  i.  Until November 7, 2023, the hours during
5which polling places are open on election days. This paragraph
6is repealed effective July 1, 2024.
7DIVISION IX
8CONFLICTS OF INTEREST
9   Sec. 95.  Section 314.2, Code 2019, is amended by striking
10the section and inserting in lieu thereof the following:
   11314.2  Conflicts of interest.
   12A state or county official who is a voting member of a
13governmental entity responsible for awarding a contract
14pursuant to section 314.1 and is the apparent low bidder for
15the contract shall not participate in a vote to award the
16contract and shall include an explanation of the official’s
17conflict in the resolution entered pursuant to section 26.12.
18   Sec. 96.  EFFECTIVE DATE.  This division of this Act takes
19effect March 18, 2021.
20DIVISION X
21VOTER REGISTRATION
22   Sec. 97.  Section 47.7, Code 2019, is amended by adding the
23following new subsections:
24   NEW SUBSECTION.  3.  The state registrar of voters shall
25develop a form to be distributed pursuant to section 262.9,
26subsection 39, indicating whether a graduating student will
27reside outside Iowa, reside within Iowa and optionally, at
28what address, or move outside Iowa but vote in Iowa pursuant
29to chapter 53, subchapter II. The state registrar of voters
30shall remove from the statewide voter registration system any
31graduating student indicating that the student will reside
32outside Iowa after graduation, unless the student will vote in
33Iowa pursuant to chapter 53, subchapter II, and shall update
34the registration information of any student indicating a change
35of address within the state.
-37-1   NEW SUBSECTION.  4.  The state registrar of voters shall use
2information from the electronic registration information center
3to update information in the statewide voter registration
4system, including but not limited to the following reports:
   5a.  In-state duplicates.
   6b.  In-state updates.
   7c.  Cross-state matches.
   8d.  Deceased.
   9e.  Eligible but unregistered.
   10f.  National change of address.
11   Sec. 98.  Section 48A.10A, subsection 1, Code 2019, is
12amended to read as follows:
   131.  The state registrar shall compare lists of persons who
14are registered to vote with the department of transportation’s
15driver’s license and nonoperator’s identification card files
16and shall, on an initial basis, issue a voter identification
17card to each active, registered voter whose name does not
18appear in the department of transportation’s files. The voter
19identification card shall include the name of the registered
20voter, a signature line above which the registered voter shall
21sign the voter identification card, the registered voter’s
22identification number assigned to the voter pursuant to section
2347.7, subsection 2, and an additional four-digit personal
24identification number assigned by the state commissioner, and
25the times during which polling places will be open on election
26days.
27   Sec. 99.  Section 48A.28, subsection 2, paragraph b, Code
282019, is amended to read as follows:
   29b.  (1)  A commissioner participating in the national change
30of address program, in the first quarter of each calendar
31year, shall, during the January immediately following each
32presidential election, send a notice and preaddressed, postage
33paid return card by forwardable mail to each registered voter
34whose name was not reported by the national change of address
35program and who has not voted in two or more consecutive
-38-1general elections failed to vote in a presidential election
2 and has not registered again, or who has not reported a change
3to an existing registration, or who has not responded to a
4notice from the commissioner or registrar during the period
5between and following the previous two general elections and
6shall make the voter registration record of the voter inactive.
7The form and language of the notice and return card shall be
8specified by the state voter registration commission by rule.
9A registered voter shall not be sent a notice and return card
10under this subsection more frequently than once in a four-year
11period.
   12(2)  The commissioner shall send a notice to each registered
13voter who does not respond to a notice sent pursuant to
14subparagraph (1) during the April immediately following the
15presidential election. The form and language of the notice
16shall be specified by the state voter registration commission
17by rule.
18   Sec. 100.  Section 48A.29, subsection 1, unnumbered
19paragraph 1, Code 2019, is amended to read as follows:
   20If a confirmation notice and return card sent pursuant to
21section 48A.28, subsection 3, is returned as undeliverable by
22the United States postal service, the commissioner shall make
23the registration record inactive and shall mail a notice to the
24registered voter at the registered voter’s most recent mailing
25address, as shown by the registration records.
26   Sec. 101.  Section 48A.30, subsection 1, Code 2019, is
27amended by adding the following new paragraph:
28   NEW PARAGRAPH.  h.  The registered voter has not responded to
29a notice sent pursuant to section 48A.28, subsection 2, by July
301 following the presidential election.
31   Sec. 102.  Section 48A.38, subsection 1, unnumbered
32paragraph 1, Code 2019, is amended to read as follows:
   33Any person may request of the registrar and shall receive,
34upon payment of the cost of preparation two hundred fifty
35dollars, a list of registered voters and other data on
-39-1registration and participation in elections, in accordance with
2the following requirements and limitations:
3   Sec. 103.  NEW SECTION.  48A.39A  Voter list maintenance
4reports.
   51.  The commissioner of registration shall annually
6submit to the state registrar of voters a report regarding
7the number of voter registration records marked inactive or
8canceled pursuant to sections 48A.28 through 48A.30. The state
9registrar of voters shall publish such reports on the internet
10site of the state registrar of voters.
   112.  The state registrar of voters shall determine by rule the
12form and submission deadline of reports submitted pursuant to
13subsection 1.
14   Sec. 104.  Section 262.9, Code 2019, is amended by adding the
15following new subsection:
16   NEW SUBSECTION.  39.  Direct the institutions of higher
17education under its control to require each graduating student
18to complete a form created by the state registrar of voters
19pursuant to section 47.7 indicating whether the student intends
20to reside outside Iowa, remain within Iowa, or move outside
21Iowa but continue to vote within Iowa pursuant to chapter 53,
22subchapter II. The board shall direct each institution to
23promptly return the completed forms to the state registrar of
24voters.
25DIVISION XI
26BALLOT ORDER
27   Sec. 105.  Section 49.31, subsection 1, paragraph b, Code
282019, is amended to read as follows:
   29b.  (1)  The commissioner shall determine the order of
30political parties and nonparty political organizations
31 candidates on the ballot as provided in this paragraph. The
32sequence order shall be the same for each office on the ballot
33and for each precinct in the county voting in the election.
   34(2)  The state commissioner shall compile a list of each
35county in the state in alphabetical order and assign a number
-40-1to each county such that the first county listed is number
2one, the second county listed is number two, and continuing
3in descending order in the same manner. The commissioner
4shall put in alphabetical order the top two political parties
5receiving the highest votes from the most recent election.
   6(3)  The commissioner of each county assigned an even number
7pursuant to subparagraph (2) shall arrange the ballot as
8follows:
   9(a)  The candidates of the first political party by
10alphabetical order pursuant to subparagraph (2) shall appear
11first on the ballot for the first general election at which the
12president of the United States is to be elected following the
13effective date of this Act and second on the ballot for the
14first general election at which the governor will be elected
15following the effective date of this Act and second on the
16ballot for the second general election at which the president
17of the United States is to be elected following the effective
18date of this Act and first on the ballot for the second general
19election at which the governor will be elected following the
20effective date of this Act, and thereafter alternating with the
21candidates of the second political party by alphabetical order
22pursuant to subparagraph (2).
   23(b)  The candidates of the second political party by
24alphabetical order pursuant to subparagraph (2) shall appear
25second on the ballot for the first general election at which
26the president of the United States is to be elected following
27the effective date of this Act and first on the ballot for
28the first general election at which the governor will be
29elected following the effective date of this Act and first
30on the ballot for the second general election at which the
31president of the United States is to be elected following the
32effective date of this Act and second on the ballot for the
33second general election at which the governor will be elected
34following the effective date of this Act, and thereafter
35alternating with the candidates of the first political party by
-41-1alphabetical order pursuant to subparagraph (2).
   2(4)  The commissioner of each county assigned an odd number
3pursuant to subparagraph (2) shall arrange the ballot as
4follows:
   5(a)  The candidates of the second political party by
6alphabetical order pursuant to subparagraph (2) shall appear
7first on the ballot for the first general election at which the
8president of the United States is to be elected following the
9effective date of this Act and second on the ballot for the
10first general election at which the governor will be elected
11following the effective date of this Act and second on the
12ballot for the second general election at which the president
13of the United States is to be elected following the effective
14date of this Act and first on the ballot for the second general
15election at which the governor will be elected following the
16effective date of this Act, and thereafter alternating with the
17candidates of the first political party by alphabetical order
18pursuant to subparagraph (2).
   19(b)  The candidates of the first political party by
20alphabetical order pursuant to subparagraph (2) shall appear
21second on the ballot for the first general election at which
22the president of the United States is to be elected following
23the effective date of this Act and first on the ballot for
24the first general election at which the governor will be
25elected following the effective date of this Act and first
26on the ballot for the second general election at which the
27president of the United States is to be elected following the
28effective date of this Act and second on the ballot for the
29second general election at which the governor will be elected
30following the effective date of this Act, and thereafter
31alternating with the candidates of the second political party
32by alphabetical order pursuant to subparagraph (2).
   33(c)  The commissioner shall determine the order of
34candidates of nonparty political organizations on the ballot.
35The order shall be the same for each office on the ballot and
-42-1for each precinct in the county voting in the election.
2   Sec. 106.  Section 49.31, subsection 2, paragraph b, Code
32019, is amended to read as follows:
   4b.  The Notwithstanding any provision of subsection 1,
5paragraph “b”, to the contrary, the commissioner shall then
6arrange the surnames of each political party’s candidates for
7each office to which two or more persons are to be elected at
8large alphabetically for the respective offices for the first
9precinct on the list; thereafter, for each political party and
10for each succeeding precinct, the names appearing first for
11the respective offices in the last preceding precinct shall
12be placed last, so that the names that were second before the
13change shall be first after the change. The commissioner may
14also rotate the names of candidates of a political party in the
15reverse order of that provided in this subsection or alternate
16the rotation so that the candidates of different parties shall
17not be paired as they proceed through the rotation. The
18procedure for arrangement of names on ballots provided in this
19section shall likewise be substantially followed in elections
20in political subdivisions of less than a county.
21DIVISION XII
22MUNICIPAL ELECTIONS
23   Sec. 107.  Section 44.9, subsection 3, Code 2019, is amended
24to read as follows:
   253.  In the office of the proper school board secretary, at
26least thirty-five forty-two days before the day of a regularly
27scheduled school election.
28   Sec. 108.  Section 50.48, subsection 7, Code 2019, is amended
29to read as follows:
   307.  If the election is an election held by a city which
31is not the final election for the office in question a city
32primary election held pursuant to section 376.7, the recount
33shall progress according to the times provided by this
34subsection. If this subsection applies the canvass shall be
35held by the second day after the election, the request for
-43-1a recount must be made by the third day after the election,
2the board shall convene to conduct the recount by the sixth
3day after the election, and the report shall be filed by the
4eleventh eighth day after the election.
5   Sec. 109.  Section 50.48, Code 2019, is amended by adding the
6following new subsection:
7   NEW SUBSECTION.  8.  When a city council has chosen a runoff
8election pursuant to section 376.9, the recount shall progress
9according to the times provided by this subsection. If this
10subsection applies, the canvass shall be conducted pursuant
11to section 50.24. The request for a recount must be made
12by the day after the canvass, and the board shall convene
13for the first time not later than the first Friday following
14the canvass. The report shall be filed not later than the
15fourteenth day after the election.
16   Sec. 110.  Section 260C.12, subsection 1, as amended by
172017 Iowa Acts, chapter 155, section 2, is amended to read as
18follows:
   191.  The board of directors of the merged area shall organize
20at the first regular meeting following the regular school
21election or at a special meeting called by the secretary of the
22board to organize the board in advance of the first regular
23meeting following the regular school election after the canvass
24for the regular school election. Organization of the board
25shall be effected by the election of a president and other
26officers from the board membership as board members determine.
27The board of directors shall appoint a secretary and a
28treasurer who shall each give bond as prescribed in section
29291.2 and who shall each receive the salary determined by the
30board. The secretary and treasurer shall perform duties under
31chapter 291 and additional duties the board of directors deems
32necessary. However, the board may appoint one person to serve
33as the secretary and treasurer. If one person serves as the
34secretary and treasurer, only one bond is necessary for that
35person. The frequency of meetings other than organizational
-44-1meetings shall be as determined by the board of directors but
2the president or a majority of the members may call a special
3meeting at any time.
4   Sec. 111.  Section 260C.15, subsection 5, as amended by
52017 Iowa Acts, chapter 155, section 4, is amended to read as
6follows:
   75.  The votes cast in the election shall be canvassed and
8abstracts of the votes cast shall be certified as required by
9section 277.20. In each county whose commissioner of elections
10is responsible under section 47.2 for conducting elections
11held for a merged area, the county board of supervisors shall
12convene on the last Monday in November or at the last regular
13board meeting in November, on the second Monday or Tuesday
14after the day of the election to canvass the abstracts of votes
15cast and declare the results of the voting. The commissioner
16shall at once issue certificates of election to each person
17declared elected, and shall certify to the merged area board in
18substantially the manner prescribed by section 50.27 the result
19of the voting on any public question submitted to the voters
20of the merged area. Members elected to the board of directors
21of a merged area shall qualify by taking the oath of office
22prescribed in section 277.28.
23   Sec. 112.  Section 277.4, subsection 3, Code 2019, is amended
24to read as follows:
   253.  The secretary of the school board shall accept the
26petition for filing if on its face it appears to have the
27requisite number of signatures and if it is timely filed. The
28secretary of the school board shall note upon each petition
29and affidavit accepted for filing the date and time that the
30petition was filed. The secretary of the school board shall
31deliver all nomination petitions, together with the complete
32text of any public measure being submitted by the board to the
33electorate, to the county commissioner of electionson the day
34following the last day on which nomination petitions can be
35filed, and not later than 5:00 p.m. 12:00 noonon that day.
-45-1   Sec. 113.  Section 279.1, subsection 1, Code 2019, is amended
2to read as follows:
   31.  The board of directors of each school corporation shall
4meet and organize at the first regular meeting or at a special
5meeting called by the secretary of the board to organize the
6board in advance of the first regular meeting after the canvass
7for the regular school election at some suitable place to be
8designated by the secretary. Notice of the place and hour of
9the meeting shall be given by the secretary to each member and
10member-elect of the board.
11   Sec. 114.  Section 279.7, subsection 3, Code 2019, is amended
12to read as follows:
   133.  In the case of a special election as provided in this
14section to fill a vacancy occurring among the elective officers
15or members of a school board before the expiration of a full
16term, the person so elected shall qualify within ten days
17thereafter from the final canvass of the election by the county
18board in the manner required by section 277.28 and shall hold
19office for the residue of the unexpired term and until a
20successor is elected, or appointed, and qualified.
21   Sec. 115.  Section 376.5, Code 2019, is amended to read as
22follows:
   23376.5  Publication of ballot.
   24Notice containing a copy of the ballot for each regular,
25special, primary, or runoff city election must be published by
26the county commissioner of elections as provided in section
27362.3, except that notice of a regular, primary, or runoff
28election may be published not less than four days before the
29date of the election. The published ballot notice must contain
30the names of all candidates, and may not contain any party
31designations. The published ballot notice must contain any
32question to be submitted to the voters.
33   Sec. 116.  Section 376.7, Code 2019, is amended by adding the
34following new subsection:
35   NEW SUBSECTION.  3.  If the city holding a primary
-46-1election is located in more than one county, the controlling
2commissioner for that city under section 47.2, subsection
32, shall conduct a second canvass on the first Monday or
4Tuesday after the day of the election. However, if a recount
5is requested pursuant to section 50.48, the controlling
6commissioner shall conduct the second canvass within two
7business days after the conclusion of the recount proceeding.
8Each commissioner conducting a canvass for the city pursuant
9to section 50.24, subsection 1, shall transmit abstracts for
10the offices of that city to the controlling commissioner for
11that city, along with individual tallies for each write-in
12candidate. At the second canvass, the county board of
13supervisors of the county of the controlling commissioner shall
14canvass the abstracts received pursuant to this subsection and
15shall prepare a combined city abstract stating the number of
16votes cast in the city for each office. The combined city
17abstract shall further indicate the name of each person who
18received votes for each office on the ballot, and the number of
19votes each person received for that office. The votes of all
20write-in candidates who each received less than five percent
21of the total votes cast in the city for an office shall be
22reported collectively under the heading “scattering”.
23   Sec. 117.  Section 376.9, subsection 1, Code 2019, is amended
24to read as follows:
   251.  A runoff election may be held only for positions unfilled
26because of failure of a sufficient number of candidates to
27receive a majority vote in the regular city election. When a
28council has chosen a runoff election in lieu of a primary, the
29county board of supervisors shall publicly canvass the tally
30lists of the vote cast in the regular city election, following
31the procedures prescribed in section 50.24, at a meeting to be
32held on the second day following the regular city election, and
33beginning no earlier than 1:00 p.m.on that day. Candidates
34who do not receive a majority of the votes cast for an office,
35but who receive the highest number of votes cast for that
-47-1office in the regular city election, to the extent of twice
2the number of unfilled positions, are candidates in the runoff
3election.
4   Sec. 118.  2017 Iowa Acts, chapter 155, section 45, is
5amended to read as follows:
   6SEC. 45.  TERM OF OFFICE — TRANSITION PROVISIONS.
   71.  Notwithstanding the provisions of section 260C.11
8designating a term of four years for members of a board of
9directors of a merged area, the term of office for a seat on a
10board of directors filled at the regular school election held
11on:
   12a.  September 8, 2015, shall expire November 5, 2019 upon
13the board’s organizational meeting held pursuant to section
14260C.12, subsection 1.
   15b.  September 12, 2017, shall expire November 2, 2021 upon
16the board’s organizational meeting held pursuant to section
17260C.12, subsection 1.
   182.  Notwithstanding the provisions of section 273.8,
19subsection 1, designating a term of four years for members of
20a board of directors of an area education agency, the term of
21office for a seat on a board of directors filled by election
22in:
   23a.  September 2015 shall expire November 30, 2019.
   24b.  September 2017 shall expire November 30, 2021.
   253.  Notwithstanding the provisions of section 274.7
26designating a term of four years for members of a board of
27directors of a school district, the term of office for a seat
28on a board of directors filled at the regular school election
29held on:
   30a.  September 8, 2015, shall expire November 5, 2019 upon the
31board’s organizational meeting held pursuant to section 279.1.
   32b.  September 12, 2017, shall expire November 2, 2021 upon
33the board’s organizational meeting held pursuant to section
34279.1.
35EXPLANATION
-48-1The inclusion of this explanation does not constitute agreement with
2the explanation’s substance by the members of the general assembly.
   3This bill relates to the conduct of elections.
   4DIVISION I — PROCEDURES FOR PROPOSED AMENDMENTS TO THE IOWA
5CONSTITUTION. This division of the bill relates to proposed
6amendments to the Iowa Constitution. The bill requires the
7legislative services agency to publish on its internet site a
8list of all propositions to amend the Constitution as they are
9filed. The bill also requires the agency to post and maintain
10separate lists of proposed amendments that have been passed by
11one general assembly and by two consecutive general assemblies.
12The bill provides that such publication shall satisfy the
13constitutional requirement that proposed amendments be
14published prior to the election of the second general assembly
15to pass the proposed amendment. The bill directs the secretary
16of state to endeavor to publish proposed amendments in two
17newspapers of general circulation but removes the requirement
18that the secretary do so.
   19The bill allows the full text of a proposed constitutional
20amendment to be posted in the voting booth rather than on the
21ballot.
   22The bill repeals a Code section explicitly granting a
23taxpayer the authority to intervene in an action to test
24the constitutionality of a proposed amendment to the Iowa
25Constitution.
   26DIVISION II — ISSUANCE OF BONDS. This division of the bill
27relates to the issuance of bonds. The bill requires a public
28measure to approve the issuance of bonds to include on the
29ballot the current property tax levy, the term of the bond,
30and the average increase or decrease in the cost of a home
31in each county voting on the bond, as well as the average of
32such averages, according to data provided by the United States
33census bureau.
   34DIVISION III — SELF-PROMOTION WITH TAXPAYER FUNDS. This
35division of the bill relates to the prohibition on using
-49-1taxpayer funds for self-promotion. The bill defines “direct
2mass mailing” for the purposes of the prohibition as a mailing
3the purpose of which is to promote a person or idea sent by a
4statewide elected official that is delivered by a mail service,
5sent to more than two hundred addresses, is substantially
6similar as regards each mailing, and all of which mailings are
7sent at the same time or within 30 days of each other.
   8DIVISION IV — HOSPITAL BOARD OF TRUSTEES ELECTIONS. This
9division relates to elections for hospital boards of trustees.
10The bill provides that trustees in a county with a population
11of at least 400,000 shall serve for terms of six years. A
12trustee elected to a term of four years in or after January
132018 shall instead serve a term of six years.
   14The bill allows a board of trustees to fill vacancies on the
15board through appointment at any time. Current law limits a
16board’s appointment powers to until the next general election.
   17The bill provides for staggered terms of service for
18trustees elected in 2022.
   19DIVISION V — TECHNICAL CHANGES. This division of the bill
20relates to technical changes to the election laws of Iowa.
   21The bill eliminates the second Tuesday in December as a
22possible date for a special election on a public measure in
23a school district or merged area in an even-numbered year.
24The bill also eliminates the first Tuesday in December as a
25possible date for a special election on a public measure in a
26city in an even-numbered year.
   27The bill makes the false or fraudulent signing of nomination
28papers on behalf of another person and the misuse of voter
29registration information election misconduct in the second
30degree. Under current law, misuse of voter registration
31information is election misconduct in the third degree. A
32person who commits election misconduct in the second degree is
33guilty of an aggravated misdemeanor. An aggravated misdemeanor
34is punishable by confinement for no more than two years and a
35fine of at least $625 but not more than $6,250.
-50-   1The bill permits the state commissioner of elections to
2require a written explanation from a county commissioner who
3has been issued a notice of technical infraction. Such an
4explanation must contain measures the county commissioner took
5to redress the issues in the notice.
   6The bill requires a person circulating a petition for
7nomination to include that person’s name, signature, address,
8and phone number. The bill also specifies that a signature
9line must contain a signer’s residential address. The bill
10prohibits a signature line from being counted if the signature
11line contains a partial address or a post office box address,
12or if any of the required information is crossed out or
13redacted at the time of filing. The bill requires nomination
14papers to be rejected if they do not contain information
15required by Code section 43.18 (affidavit of candidacy).
   16The bill requires the state commissioner to issue a
17certificate of nomination to each county commissioner as soon
18as is practicable if a challenge to the nomination pursuant
19to section 43.24 is pending. Current law requires the state
20commissioner to issue such a certificate at least 69 days
21before a primary election.
   22The bill permits objections to be filed to certificates of
23nomination for candidates to replace candidates who have died
24or withdrawn their nomination.
   25The bill permits the state commissioner to examine election
26security assessments conducted or authorized by government or
27private entities. Such information retains its confidential
28status. The bill also permits the state commissioner to share
29information provided by a county to an appropriate government
30agency to safeguard against cybersecurity or physical threats
31and to adopt rules for minimum security standards to which
32county commissioners must adhere. The state commissioner may
33limit access to the statewide voter registration system if a
34county commissioner fails to meet these standards.
   35The bill requires a county commissioner of elections
-51-1to report to the state commissioner of elections when the
2county commissioner believes that a cybersecurity incident or
3data breach has occurred. The bill also requires a county
4commissioner to report to the state commissioner on an annual
5basis if the county commissioner has no reason to believe that
6a cybersecurity incident or data breach has occurred.
   7The bill requires the state registrar of voters to adopt
8rules regarding access to the statewide voter registration
9system and training requirements, technology safeguards, and
10breach incident response requirements.
   11The bill extends the deadline by which voter registration
12forms must be submitted to voter registration agencies, motor
13vehicle driver’s license stations, and county treasurer’s
14offices participating in county issuance of driver’s licenses
15from 5:00 p.m.to 11:59 p.m.on the day registration closes for
16an election.
   17The bill changes the time frame for the state commissioner
18of elections to send an acknowledgment of receipt of a voter
19registration form or change of information, if that form was
20submitted within 14 days of a regularly scheduled election,
21from within 7 days to within 48 hours.
   22The bill requires county commissioners of elections to
23report temporary combinations of precincts to the state
24commissioner of elections at least 25 days before the next
25election for which the precinct will be active, or at least 10
26days prior to an election held pursuant to Code section 69.14.
   27The bill allows the state commissioner of elections to
28prescribe, and county commissioners of elections to place
29on ballots, uniform abbreviations for political parties and
30organizations. The bill allows abbreviations for the names of
31political parties and organizations to be used on the remainder
32of the ballot if the full name and abbreviation appear in the
33voter instruction portion of the ballot.
   34The bill allows the state commissioner of elections to adopt
35rules to establish pilot programs related to post-election
-52-1audits.
   2The bill requires the state commissioner of elections to
3adopt rules for the implementation of the absentee voting
4system.
   5The bill moves the first day to mail absentee ballots to
6the first business day on which mail delivery is available
7following the 29th day before an election in the event that the
8United States post office is closed and not delivering mail on
9the 29th day before an election.
   10The division takes effect upon enactment.
   11DIVISION VI — MISCELLANEOUS PROVISIONS. This division of
12the bill relates to various changes to the Code.
   13The bill changes the rate of compensation for presidential
14electors from $5 per day to one-half of the per diem rate set by
15the federal general services administration.
   16The bill changes the time at which the senate shall organize
17as a court of impeachment from forthwith after the hour of
18final adjournment to as soon as practicable. The bill also
19changes the rate of compensation for members serving on a court
20of impeachment to the same rate as for members serving in a
21special session of the general assembly if the general assembly
22is not in regular session. If the general assembly is in
23regular session, the bill provides that members shall receive
24no additional compensation.
   25DIVISION VII — NOMINATIONS BY PETITION. This division
26alters the number of signatures required for a person to obtain
27a nomination by petition.
   28DIVISION VIII — CONDUCT OF ELECTIONS. This division of the
29bill relates to the conduct of elections.
   30The bill alters the list of possible dates for elections held
31by counties, cities, school districts, and merged areas.
   32The bill provides that a person who holds an elective office
33and wins an election for a second office shall automatically
34vacate the first office if the person does not vacate one of
35the offices.
-53-   1The bill prohibits a person who seeks the nomination of a
2political party for election to a certain office but loses the
3nomination from being eligible for election to that office in
4the next general election for that office.
   5The bill requires a ballot to include the county seal and
6prohibits the commissioner’s name from appearing on the ballot
7unless the commissioner is a candidate.
   8The bill alters the deadlines for filing a nomination
9petition, withdrawing a nomination, and filling a ballot
10vacancy. If a vacancy occurs on a ballot due to the death of a
11candidate after the date for filling a vacancy until the time
12the polls close on election day, the election for that office
13shall not be canvassed and the office shall be filled by a
14special election.
   15The bill changes the filing deadline for nomination papers
16of persons seeking to be a nonparty political organization’s
17candidate for elected office. The bill changes the deadlines
18for filing nomination papers and objections to the same
19deadline that is applied to persons seeking to be a political
20party’s candidate for elected office.
   21The bill prohibits a county commissioner of elections
22from participating in an absentee ballot drive or collection
23effort in cooperation with a candidate, candidate’s committee,
24political party, or nonparty political organization.
   25The bill requires county commissioners of elections to
26ensure that each election precinct uses an electronic poll book
27by February 26, 2020.
   28The bill moves the voter registration deadline for all
29elections other than general elections from 11 days before an
30election to 10 days before an election. The voter registration
31deadline for general elections is currently 10 days before
32the election. The bill does not affect election day voter
33registration.
   34The bill allows the state commissioner of elections to
35oversee the activities of county commissioners of elections
-54-1during a period beginning 60 days prior to an election and
2ending 60 days after an election.
   3The bill prohibits county commissioners of elections and
4the state commissioner of elections from distributing sample
5ballots to voters other than as required by the Code.
   6The bill changes the circumstances under which and places at
7which a county commissioner of elections may create a satellite
8voting location.
   9The bill requires the county commissioner of elections to
10remove or obscure from public view any material displaying the
11name of a candidate or elected official other than a ballot or
12sample ballot.
   13The bill changes the closing time for polling places for
14state primary and general elections, and other partisan
15elections, and any other election held concurrently therewith
16from 9:00 p.m.to 8:00 p.m. The bill requires that the opening
17and closing times for polling places be placed on the internet
18site of the legislative services agency, voter identification
19cards, and property tax statements.
   20The bill requires the state commissioner of elections
21to transmit a certified copy of a constitutional amendment
22or public measure and a sample ballot to each county
23commissioner of elections 63 days before an election at which a
24constitutional amendment or public measure is to be submitted
25to a vote of the entire people of the state. Current law
26requires such certified copies and sample ballots to be sent 69
27days before the election.
   28The bill requires any election other than a presidential
29election that results in a tie to go to a special election. A
30tied election for president shall result in the electors being
31split between the candidates.
   32The bill allows a candidate requesting a recount to request
33the presence of a county commissioner of elections from another
34county at the recount. Such a commissioner may report any
35irregularities observed by the commissioner at any time after
-55-1the election to the state commissioner of elections.
   2The bill requires a recount for an election other than a
3statewide election to include all precincts in which a ballot
4for the contested election was cast.
   5The bill grants local law enforcement agencies and the state
6patrol the authority to take all reasonable actions to prevent
7violations of Code chapter 50 (canvass of votes).
   8The bill requires a county commissioner of elections who
9receives an incomplete absentee ballot request to inform
10the applicant within 24 hours of receipt of the request
11by telephone or electronic mail if such information was
12provided, and by mail if such information was not provided.
13The bill prohibits a county commissioner of elections from
14using the voter registration system to obtain additional
15necessary information. The bill allows a county commissioner
16of elections to verify the identity of an applicant for
17an absentee ballot who cannot access the applicant’s voter
18verification number by asking for at least two of the following
19from the applicant: date of birth, the last four digits of
20the applicant’s social security number, residential address,
21mailing address, and middle name.
   22The bill requires a county commissioner of elections to
23verify the identity of a person voting absentee in person in
24the same manner as a poll worker verifying the identity of a
25person voting at the polls on election day.
   26The bill allows an unregistered person seeking to vote
27absentee at the office of a county commissioner of elections
28prior to the voter registration deadline who does not have an
29Iowa driver’s license, nonoperator’s identification card, or
30voter identification number to vote absentee by satisfying the
31voter identification requirements of Code section 49.78.
   32The bill changes the process by which absentee ballots
33lacking a signature or appearing to have been signed by
34someone other than the registered voter are verified. If such
35a ballot is received by 5:00 p.m.on the Saturday before a
-56-1general election or by 5:00 p.m.on the Friday before any other
2election, the county commissioner of elections must contact the
3voter within 24 hours and inform the voter how to remediate
4the ballot. A ballot received after the applicable deadline
5is sent to the absentee and special voters precinct board
6for review. The absentee and special voters precinct board
7determines that the affidavit is incomplete, the commissioner
8shall inform the voter within 24 hours how the ballot may be
9remediated if the ballot lacks a signature or appears to have
10been signed by someone other than the registered voter.
   11The bill alters the timeline for contesting a gubernatorial
12election and the makeup of a contest court for such a
13challenge.
   14The bill requires that all absentee ballots be received
15prior to the time the polls close on election day. An absentee
16ballot received after this deadline shall not be counted.
   17The bill prohibits a person from placing on any published
18material a name or abbreviation of a name intended to cause a
19voter to believe that the person represents a political party
20or nonparty political organization of which the person is not a
21candidate.
   22The bill alters the timeline for holding a special election
23to fill a vacant office and prohibits a person who has ever
24been removed from office from being appointed to fill a
25vacancy.
   26DIVISION IX — CONFLICTS OF INTEREST. This division
27relates to interests in certain contracts held by certain
28county employees. The bill repeals the prohibition on
29elected or appointed county employees holding an interest in
30a contract for the construction, reconstruction, improvement,
31or maintenance of any highway, bridge, or culvert, or the
32furnishing of materials therefor. The bill requires a state
33or county official who is a voting member of a governmental
34entity responsible for awarding a contract pursuant to
35competitive bidding procedures and is the apparent low bidder
-57-1for the contract to abstain from voting to award the contract
2and include an explanation of the official’s conflict in
3the resolution entered pursuant to Code section 26.12. The
4division takes effect March 18, 2021.
   5DIVISION X — VOTER REGISTRATION. This division of the
6bill relates to voter registration. The bill instructs the
7state registrar of voters to develop a form to be distributed
8to and completed by each student graduating from a regents
9university prior to receiving a diploma. The student shall
10indicate on the form whether the student will reside in Iowa
11after graduation. Any student indicating that the student will
12reside outside Iowa after graduation shall be removed from the
13statewide voter registration system unless the student plans to
14vote in Iowa pursuant to Code chapter 53, subchapter II.
   15The bill alters the process for removing inactive voter
16registration records. The bill requires a county commissioner
17of elections to, during the January immediately following each
18presidential election, mark as inactive the voter registration
19record of a voter who did not vote in the presidential election
20and who has not registered again, reported a change to an
21existing registration, and whose name was not reported by the
22national change of address program. The county commissioner
23shall also send a notice and return card to each such voter.
24The commissioner shall send a second notice in April to
25each person who does not respond to the first notice. The
26commissioner shall cancel the voter registration of a person
27who does not respond to a notice by July 1.
   28The bill sets the cost of receiving a voter registration
29and participation report from the state registrar of voters at
30$250. Under current law, the state registrar of voters shall
31charge a person requesting such a report the cost of preparing
32the report.
   33The bill requires each county commissioner of registration
34to submit a report on voter list maintenance activities
35annually to the state registrar of voters. The state registrar
-58-1of voters shall publish such reports on the internet site of
2the state registrar of voters.
   3DIVISION XI — BALLOT ORDER. This division relates to the
4order in which candidates appear on a ballot.
   5The division requires county commissioners of elections to
6arrange ballots such that the candidates of the two political
7parties receiving the highest number of votes shall each
8appear first on the ballot for one gubernatorial election
9and one presidential election in an eight-year period. The
10candidates of a party appearing first on the ballot in half of
11the counties in Iowa shall appear second on the ballot in the
12other half of the counties.
   13DIVISION XII — MUNICIPAL ELECTIONS. This division of the
14bill makes technical changes to Code provisions relating to
15municipal elections.
-59-ss/jh

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