House File 692 - Enrolled
House File 692
AN ACT
RELATING TO THE CONDUCT OF STATE AND LOCAL ELECTIONS,
PROVIDING PENALTIES, AND INCLUDING EFFECTIVE DATE ELECTIONS
PROVISIONS.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
HOSPITAL BOARD OF TRUSTEES ELECTIONS
Section 1. Section 347.9, subsection 1, Code 2019, is
amended to read as follows:
1. When it has been determined by the voters of a county
to establish a county public hospital, the board shall appoint
five or seven trustees chosen from among the resident citizens
of the county with reference to their fitness for office.
The appointed trustees shall hold office until the following
general election, at which time their successors shall be
elected, three for a term of four years and the remainder
for a term of two years, and they shall determine by lot
their respective terms, and thereafter their successors shall
be elected for regular terms of four years each, except as
provided in subsection 3.
Sec. 2. Section 347.9, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION. 3. Trustees in a county with a population
of at least four hundred thousand shall serve for a term of six
years. A trustee elected to a term of four years in or after
January 2018 shall instead serve a term of six years.

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Sec. 3. Section 347.10, Code 2019, is amended to read as
follows:
347.10 Vacancies.
Vacancies on the board of trustees may, until the next
general election, be filled by appointment by the remaining
members of the board of trustees or, if fewer than a
majority of the trustees remain on the board, by the board of
supervisors for the period until the vacancies are filled by
election. An appointment made under this section shall be for
the unexpired balance of the term of the preceding trustee. If
a board member is absent for four consecutive regular board
meetings, without prior excuse, or fails to comply with more
stringent attendance requirements for regular board meetings
included in the bylaws governing the board, the member’s
position shall be declared vacant and filled as set out in this
section.
Sec. 4. HOSPITAL BOARD OF TRUSTEES ELECTIONS.
Notwithstanding section 347.9, for elections held pursuant to
section 347.9 in 2022 in which more than seventy percent of
trustee positions on a board are on the ballot:
1. If there are seven trustees on the board:
a. If six trustees are to be elected, the four elected who
receive the highest number of votes are elected for four-year
terms. The remainder are elected for two-year terms. In case
of a tie, the county auditor shall determine by lot which of
the trustees with the lowest number of winning votes shall
serve two-year terms and thereafter their successors shall be
elected for regular terms as provided in section 347.9.
b. If five trustees are to be elected, the four elected who
receive the highest number of votes are elected for four-year
terms. The remaining trustee is elected for a two-year term.
In case of a tie, the county auditor shall determine by lot
which of the trustees with the lowest number of winning votes
shall serve the two-year term and thereafter their successors
shall be elected for regular terms as provided in section
347.9.
2. If there are five trustees on the board, if four trustees
are to be elected, the three elected who receive the highest
number of votes are elected for four-year terms. The remaining

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trustee is elected for a two-year term. In case of a tie, the
county auditor shall determine by lot which of the trustees
with the lowest number of winning votes shall serve the
two-year term and thereafter their successors shall be elected
for regular terms as provided in section 347.9.
DIVISION II
TECHNICAL CHANGES
Sec. 5. Section 39.2, subsection 4, paragraphs a, b, and c,
Code 2019, are amended to read as follows:
a. For a county, on the day of the general election, on
the day of the regular city election, on the date of a special
election held to fill a vacancy in the same county, or on the
first Tuesday in March in an odd-numbered year, the first
Tuesday in May March, or the first second Tuesday in August
of each year September, or the first Tuesday after the first
Monday in November. For a county, in an even-numbered year,
the first Tuesday in March or the second Tuesday in September.
b. For a city, on the day of the general election, on the
day of the regular city election, on the date of a special
election held to fill a vacancy in the same city, or on the
first Tuesday in March in an odd-numbered year, the first
Tuesday in May March, or the first second Tuesday in August
of each year September, or the first Tuesday after the first
Monday in November. For a city, in an even-numbered year, the
first Tuesday in March or the second Tuesday in September.
c. For a school district or merged area, in the odd-numbered
year, the first Tuesday in February March, the first Tuesday in
April, the last second Tuesday in June September, or the second
first Tuesday after the first Monday in September November.
For a school district or merged area, in the even-numbered
year, the first Tuesday in February, the first Tuesday in
April March, or the second Tuesday in September, or the second
Tuesday in December.
Sec. 6. Section 39A.3, subsection 1, paragraph a, Code 2019,
is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (5) Falsely or fraudulently signs
nomination papers on behalf of another person.
Sec. 7. Section 39A.3, subsection 1, Code 2019, is amended
by adding the following new paragraph:

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NEW PARAGRAPH. c. Miscellaneous offenses. Uses voter
registration information, including resale or redistribution
of the voter registration list without written permission of
the state registrar, for purposes other than those permitted
by section 48A.39.
Sec. 8. Section 39A.4, subsection 1, paragraph c,
subparagraph (5), Code 2019, is amended by striking the
subparagraph.
Sec. 9. Section 39A.6, Code 2019, is amended to read as
follows:
39A.6 Technical infractions —— notice.
1. If the state commissioner or county commissioner becomes
aware of an apparent technical violation of a provision of
chapters 39 through 53, the state commissioner or county
commissioner may administratively provide a written notice
and letter of instruction to the responsible person regarding
proper compliance procedures.
2. If the state commissioner sends a notice of such a
technical infraction to a county commissioner, the state
commissioner may require a written explanation of the
occurrence, and measures that the person took to redress the
issues contained within the notice.
3. This notice is not a final determination of facts or law
in the matter, and does not entitle a person to a proceeding
under chapter 17A.
Sec. 10. Section 43.14, subsection 1, Code 2019, is amended
by adding the following new paragraph:
NEW PARAGRAPH. g. The printed name, signature, address,
and phone number of the person responsible for circulating the
petition page.
Sec. 11. Section 43.14, subsection 2, Code 2019, is amended
to read as follows:
2. a. Signatures on a petition page shall be counted only
if the information required in subsection 1 is written or
printed at the top of the page.
b. Nomination papers on behalf of candidates for seats in
the general assembly need only designate the number of the
senatorial or representative district, as appropriate, and
not the county or counties, in which the candidate and the

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petitioners reside.
c. A signature line shall not be counted if the line
lacks the signature of the eligible elector and the signer’s
residential address, with street and number, if any, and city.
A signature line shall not be counted if an eligible elector
supplies only a partial address or a post office box address,
or if the signer’s address is obviously outside the boundaries
of the district.
d. A signature line shall not be counted if any of the
required information is crossed out or redacted at the time
the nomination papers are filed with the state commissioner or
commissioner.
Sec. 12. Section 43.14, subsection 4, Code 2019, is amended
by adding the following new paragraph:
NEW PARAGRAPH. f. Any other information required by section
43.18.
Sec. 13. Section 43.15, subsection 2, Code 2019, is amended
to read as follows:
2. Each signer shall add the signer’s residence residential
address, with street and number, if any, and the date of
signing.
Sec. 14. Section 43.22, unnumbered paragraph 1, Code 2019,
is amended to read as follows:
The state commissioner shall, at least sixty-nine days
before a primary election, or as soon as practicable if an
objection under section 43.24 is pending, furnish to the
commissioner of each county a certificate under the state
commissioner’s hand and seal, which certificate shall show:
Sec. 15. Section 43.24, subsection 1, paragraph b,
subparagraphs (1) and (2), Code 2019, are amended to read as
follows:
(1) Those filed with the state commissioner, not less than
seventy-four days before the date of the election, or for
certificates of nomination filed under section 43.23, not less
than seventy days before the date of the election.
(2) Those filed with the commissioner, not less than
sixty-four days before the date of the election, or for
certificates of nomination filed under section 43.23, not less
than sixty-two days before the date of the election.

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Sec. 16. Section 45.5, subsection 1, Code 2019, is amended
by adding the following new paragraph:
NEW PARAGRAPH. f. The printed name, signature, address,
and phone number of the person responsible for circulating the
petition page.
Sec. 17. Section 45.5, subsection 2, Code 2019, is amended
to read as follows:
2. a. Signatures on a petition page shall be counted only
if the information required in subsection 1 is written or
printed at the top of the page.
b. Nomination papers on behalf of candidates for seats in
the general assembly need only designate the number of the
senatorial or representative district, as appropriate, and
not the county or counties, in which the candidate and the
petitioners reside.
c. A signature line in a nomination petition shall not be
counted if the line lacks the signature of the eligible elector
and the signer’s residential address, with street and number,
if any, and city. A signature line shall not be counted if
an eligible elector supplies only a partial address or a post
office box address, or if the signer’s address is obviously
outside the boundaries of the appropriate ward, city, school
district or school district director district, legislative
district, or other district.
d. A signature line shall not be counted if any of the
required information is crossed out or redacted at the time
the nomination papers are filed with the state commissioner or
commissioner.
Sec. 18. Section 45.6, subsection 2, Code 2019, is amended
to read as follows:
2. Each signer shall add the signer’s residence residential
address, with street and number, if any, and city.
Sec. 19. Section 47.1, subsection 6, Code 2019, is amended
to read as follows:
6. The state commissioner may, at the state commissioner’s
discretion, examine the records of a commissioner to evaluate
complaints and to ensure compliance with the provisions
of chapters 39 through 53. This examination shall include
assessments conducted or authorized by private or government

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entities to evaluate a county’s security readiness for
elections-related technology or physical facilities. The state
commissioner shall adopt rules pursuant to chapter 17A to
require a commissioner to provide written explanations related
to examinations conducted pursuant to this subsection. Any
information that is requested by or in the possession of the
state commissioner pursuant to this chapter shall not lose its
confidential status pursuant to section 22.7, subsection 50.
Sec. 20. Section 47.1, Code 2019, is amended by adding the
following new subsections:
NEW SUBSECTION. 7. The state commissioner may share
information a county provides to an appropriate government
agency to safeguard against cybersecurity or physical threats.
NEW SUBSECTION. 8. The state commissioner may adopt rules
pursuant to chapter 17A to create minimum security protocols
applicable to county commissioners of elections. If a county
fails to adhere to these protocols, the state commissioner may
limit access to the statewide voter registration system.
Sec. 21. Section 47.2, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION. 7. The county commissioner of elections
shall, to maintain election security, do all of the following:
a. When the county commissioner believes that a
cybersecurity incident or data breach has occurred, the county
commissioner shall immediately inform the state commissioner
of elections.
b. If the county commissioner has no reason to believe
that a cybersecurity incident or data breach has occurred,
the county commissioner shall certify that fact to the state
commissioner on an annual basis.
Sec. 22. Section 47.7, subsection 2, paragraph d, Code 2019,
is amended to read as follows:
d. The state registrar shall prescribe by rule the
procedures for access to the state voter registration file,
security requirements, and access protocols for adding,
changing, or deleting information from the state voter
registration file including all of the following:
(1) Access protocols for adding, changing, or deleting
information from the state voter registration file.

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(2) Training requirements for all state voter registration
file users.
(3) Technology safeguards, including county information
technology network requirements, necessary to access the state
voter registration file.
(4) Breach incident response requirements and protocols on
all matters related to elections.
Sec. 23. Section 47.7, subsection 2, Code 2019, is amended
by adding the following new paragraph:
NEW PARAGRAPH. e. The state registrar may rescind access to
the statewide voter registration file from a user who is not in
compliance with the prescribed rules.
Sec. 24. Section 48A.9, subsection 4, Code 2019, is amended
to read as follows:
4. Registration forms submitted to voter registration
agencies, to motor vehicle driver’s license stations, and to
county treasurer’s offices participating in county issuance of
driver’s licenses under chapter 321M shall be considered on
time if they are received no later than 5:00 11:59 p.m. on the
day registration closes for that election. Offices or agencies
other than the county commissioner’s office are not required
to be open for voter registration purposes at times other than
their usual office hours.
Sec. 25. Section 48A.26, subsection 1, Code 2019, is amended
to read as follows:
1. a. Except as otherwise provided in paragraph paragraphs
“b” and “c” of this subsection, or section 48A.26A, within seven
working days of receipt of a voter registration form or change
of information in a voter registration record the commissioner
shall send an acknowledgment to the registrant at the mailing
address shown on the registration form. The acknowledgment
shall be sent by nonforwardable mail.
b. For a voter registration form or change of information
in a voter registration record submitted at a precinct caucus,
the commissioner shall send an acknowledgment within forty-five
days of receipt of the form or change of information.
c. For a voter registration form or change of information in
a voter registration record submitted within fourteen days of a
regularly scheduled election, the commissioner shall send an

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acknowledgment within forty-eight hours of receipt of the form
or change of information.
Sec. 26. Section 49.11, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION. 4. Notice of changes made pursuant to
subsection 3 shall be reported to the state commissioner at
least twenty-five days before the next election in which the
temporary precinct will be active, or, for elections held
pursuant to section 69.14 while the general assembly is in
session or within forty-five days of the convening of a session
of the general assembly, at least ten days before election day.
Sec. 27. Section 49.31, subsection 1, paragraph a, Code
2019, is amended to read as follows:
a. All ballots shall be arranged with the names of
candidates for each office listed below the office title.
For partisan elections the name of the political party or
organization which nominated each candidate shall be listed
after or below each candidate’s name. The state commissioner
may prescribe, and a county commissioner may use, uniform
abbreviations for political parties and organizations.
Sec. 28. Section 49.57, subsection 2, Code 2019, is amended
to read as follows:
2. After the name of each candidate for a partisan office
the name of the candidate’s political party shall be printed
in at least six point type. The names of political parties
and nonparty political organizations may be abbreviated on
the remainder of the ballot if both the full name and the
abbreviation appear in the voter instruction area of the
ballot.
Sec. 29. Section 50.51, subsection 6, Code 2019, is amended
to read as follows:
6. The state commissioner shall adopt rules, pursuant
to chapter 17A, to implement this section, which may include
the establishment of pilot programs related to post-election
audits.
Sec. 30. NEW SECTION. 53.1A Rules.
The state commissioner shall adopt rules pursuant to chapter
17A for the implementation of this chapter.
Sec. 31. Section 53.8, subsection 1, paragraph a,

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unnumbered paragraph 1, Code 2019, is amended to read as
follows:
Upon receipt of an application for an absentee ballot
and immediately after the absentee ballots are printed,
but not more than twenty-nine days before the election, the
commissioner shall mail an absentee ballot to the applicant
within twenty-four hours, except as otherwise provided in
subsection 3. When the United States post office is closed
in observance of a federal holiday and is not delivering mail
on the twenty-ninth day before the election, the first day to
mail absentee ballots is the next business day on which mail
delivery is available. The absentee ballot shall be sent to
the registered voter by one of the following methods:
Sec. 32. 2017 Iowa Acts, chapter 155, section 13, is amended
by striking the section.
Sec. 33. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION III
CONDUCT OF ELECTIONS
Sec. 34. Section 43.30, subsection 2, Code 2019, is amended
to read as follows:
2. The commissioner shall make sample ballots available to
the public upon request. The sample ballots shall be clearly
marked as sample ballots. A reasonable fee may be charged for
printing costs if a person requests multiple copies of sample
ballots. The commissioner shall not distribute sample ballots
except as provided in this subsection.
Sec. 35. Section 43.36, Code 2019, is amended to read as
follows:
43.36 Australian ballot.
The Australian ballot system as now used in this state,
except as herein modified, shall be used at said primary
election. The endorsement of the precinct election officials
and the facsimile of the commissioner’s signature county
seal shall appear upon the ballots as provided for general
elections.
Sec. 36. Section 43.91, Code 2019, is amended to read as
follows:
43.91 Voter at caucus must be precinct resident ——

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qualifications.
Any person voting at a precinct caucus must be a person who
is or will by the date of the next general election become
an eligible elector, who has not already participated in the
caucus of any political party within the same year, and who is
a resident of the precinct. A list of the names and addresses
of each person to whom a ballot was delivered or who was
allowed to vote in each precinct caucus shall be prepared by
the caucus chairperson and secretary who shall certify such
list to the commissioner at the same time as the names of
those elected as delegates and party committee members are so
certified.
Sec. 37. Section 44.4, subsection 1, Code 2019, is amended
to read as follows:
1. a. Nominations made pursuant to this chapter and
chapter 45 which are required to be filed in the office of the
state commissioner shall be filed in that office not more than
ninety-nine days nor later than 5:00 p.m. on the seventy-third
eighty-first day before the date of the general election to be
held in November first Tuesday after the first Monday in June
in each even-numbered year. Nominations made for a special
election called pursuant to section 69.14 shall be filed by
5:00 p.m. not less than twenty-five days before the date of
an election called upon at least forty days’ notice and not
less than fourteen days before the date of an election called
upon at least eighteen days’ notice. Nominations made for
a special election called pursuant to section 69.14A shall
be filed by 5:00 p.m. not less than twenty-five days before
the date of the election. Nominations made pursuant to this
chapter and chapter 45 which are required to be filed in the
office of the commissioner shall be filed in that office not
more than ninety-two days nor later than 5:00 p.m. on the
sixty-ninth seventy-fourth day before the date of the general
election first Tuesday after the first Monday in June in each
even-numbered year. Nominations made pursuant to this chapter
or chapter 45 for city office shall be filed not more than
seventy-two days nor later than 5:00 p.m. on the forty-seventh
day before the city election with the county commissioner
of elections responsible under section 47.2 for conducting

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elections held for the city, who shall process them as provided
by law.
b. Notwithstanding paragraph “a”, nominations for president
and vice president of the United States shall be filed in the
office of the state commissioner not more than ninety-nine days
nor later than 5:00 p.m. on the eighty-first day before the
date of the general election to be held in November.
Sec. 38. Section 47.2, subsection 2, Code 2019, is amended
to read as follows:
2. a. When an election is to be held as required by law
or is called by a political subdivision of the state and the
political subdivision is located in more than one county, the
county commissioner of elections of the county having the
greatest taxable base within the political subdivision shall
conduct that election. The county commissioners of elections
of the other counties in which the political subdivision
is located shall cooperate with the county commissioner of
elections who is conducting the election.
b. Notwithstanding paragraph “a”, for a city primary
election, city runoff election or a special election for
a city, school district, or merged area, if a political
subdivision is located in more than one county, the county
commissioner of elections of a county not having the greatest
taxable base within the political subdivision may designate
that the controlling commissioner of the political subdivision
shall conduct that election if fewer than one hundred and
twenty-five registered voters of the political subdivision
are located within such county commissioner’s county. If the
controlling commissioner is so designated, section 50.24,
subsections 3A and 3B, as enacted by 2017 Iowa Acts, ch. 155,
shall not apply. For the purposes of this paragraph, the
number of registered voters shall be the number of registered
voters in the political subdivision of a county not having the
greatest taxable base on May 1 immediately preceding the first
day of the filing period for candidates for the election. If
May 1 falls on a day when the county commissioner’s office is
closed for business, the county commissioner shall use the
number of registered voters on the next day that the county
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number of registered voters.
Sec. 39. Section 47.2, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION. 7. The county commissioner shall not
participate in an absentee ballot drive or collection effort in
cooperation with a candidate, candidate’s committee, political
party, or nonparty political organization. However, when a
county commissioner is a candidate for election, such a county
commissioner may participate in an absentee ballot drive or
collection effort, but shall not aid any other candidate,
candidate’s committee, political party, or nonparty political
organization.
Sec. 40. Section 49.21, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION. 4. The commissioner shall remove or obscure
from the view of voters any published material displaying the
name of a candidate or elected official other than a ballot or
sample ballot or envelope.
Sec. 41. NEW SECTION. 49.49 Certain sample ballots
prohibited.
The commissioner and state commissioner of elections shall
not distribute or authorize the distribution of sample ballots
to voters other than as provided in sections 49.53 and 52.29.
Sec. 42. Section 49.51, Code 2019, is amended to read as
follows:
49.51 Commissioner to control printing.
The commissioner shall have charge of the printing of the
ballots to be used for any election held in the county, unless
the commissioner delegates that authority as permitted by this
section. The commissioner may delegate this authority only
to another commissioner who is responsible under section 47.2
for conducting the elections held for a political subdivision
which lies in more than one county, and only with respect to
printing of ballots containing only public questions or the
names of candidates to be voted upon by the registered voters
of that political subdivision. Only one facsimile signature
county seal, that of the county of the commissioner under
whose direction the ballot is printed, shall appear on the
ballot. It is the duty of the commissioner to insure that the

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arrangement of any ballots printed under the commissioner’s
direction conforms to all applicable requirements of this
chapter.
Sec. 43. Section 49.57, subsection 6, Code 2019, is amended
to read as follows:
6. A portion of the ballot shall include the words “Official
ballot”, the unique identification number or name assigned by
the commissioner to the ballot style, the date of the election,
and a facsimile of the signature the county seal of the county
of the commissioner who has caused the ballot to be printed
pursuant to section 49.51.
Sec. 44. Section 49.82, Code 2019, is amended to read as
follows:
49.82 Voter to receive one ballot —— endorsement.
When an empty voting booth is available, one of the precinct
election officials shall endorse the official’s initials on
each ballot the voter will receive. The initials shall be
placed so that they may be seen when the ballot is properly
folded or enclosed in a secrecy folder. The name or signature
of the commissioner shall not appear on the ballot except as
part of the list of candidates when the commissioner is a
candidate for election. The official shall give the voter one
and only one of each of the ballots to be voted at that election
in that precinct, except as provided by section 49.100. No
ballot without the required official endorsement shall be
placed in the ballot box.
Sec. 45. Section 53.11, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION. 6. The commissioner shall remove or obscure
from the view of voters any published material displaying the
name of a candidate or elected official other than a ballot or
sample ballot or envelope.
DIVISION IV
CONFLICTS OF INTEREST
Sec. 46. Section 314.2, Code 2019, is amended by striking
the section and inserting in lieu thereof the following:
314.2 Conflicts of interest.
A state or county official who is a voting member of a
governmental entity responsible for awarding a contract

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pursuant to section 314.1 and is the apparent low bidder for
the contract shall not participate in a vote to award the
contract and shall include an explanation of the official’s
conflict in the resolution entered pursuant to section 26.12.
Sec. 47. EFFECTIVE DATE. This division of this Act takes
effect January 1, 2023.
DIVISION V
BALLOT ORDER
Sec. 48. Section 49.31, subsection 1, paragraph b, Code
2019, is amended to read as follows:
b. (1) The commissioner shall determine the order of
political parties and nonparty political organizations
candidates on the ballot as provided in this paragraph. The
sequence order shall be the same for each office on the ballot
and for each precinct in the county voting in the election.
(2) The state commissioner shall compile a list of each
county in the state in alphabetical order and assign a number
to each county such that the first county listed is number
one, the second county listed is number two, and continuing
in descending order in the same manner. The commissioner
shall put in alphabetical order the top two political parties
receiving the highest votes from the most recent election.
(3) The commissioner of each county assigned an even number
pursuant to subparagraph (2) shall arrange the ballot as
follows:
(a) The candidates of the first political party by
alphabetical order pursuant to subparagraph (2) shall appear
first on the ballot for the first general election at which the
president of the United States is to be elected following the
effective date of this Act and second on the ballot for the
first general election at which the governor will be elected
following the effective date of this Act and second on the
ballot for the second general election at which the president
of the United States is to be elected following the effective
date of this Act and first on the ballot for the second general
election at which the governor will be elected following the
effective date of this Act, and thereafter alternating with the
candidates of the second political party by alphabetical order
pursuant to subparagraph (2).

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(b) The candidates of the second political party by
alphabetical order pursuant to subparagraph (2) shall appear
second on the ballot for the first general election at which
the president of the United States is to be elected following
the effective date of this Act and first on the ballot for
the first general election at which the governor will be
elected following the effective date of this Act and first
on the ballot for the second general election at which the
president of the United States is to be elected following the
effective date of this Act and second on the ballot for the
second general election at which the governor will be elected
following the effective date of this Act, and thereafter
alternating with the candidates of the first political party by
alphabetical order pursuant to subparagraph (2).
(4) The commissioner of each county assigned an odd number
pursuant to subparagraph (2) shall arrange the ballot as
follows:
(a) The candidates of the second political party by
alphabetical order pursuant to subparagraph (2) shall appear
first on the ballot for the first general election at which the
president of the United States is to be elected following the
effective date of this Act and second on the ballot for the
first general election at which the governor will be elected
following the effective date of this Act and second on the
ballot for the second general election at which the president
of the United States is to be elected following the effective
date of this Act and first on the ballot for the second general
election at which the governor will be elected following the
effective date of this Act, and thereafter alternating with the
candidates of the first political party by alphabetical order
pursuant to subparagraph (2).
(b) The candidates of the first political party by
alphabetical order pursuant to subparagraph (2) shall appear
second on the ballot for the first general election at which
the president of the United States is to be elected following
the effective date of this Act and first on the ballot for
the first general election at which the governor will be
elected following the effective date of this Act and first
on the ballot for the second general election at which the

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president of the United States is to be elected following the
effective date of this Act and second on the ballot for the
second general election at which the governor will be elected
following the effective date of this Act, and thereafter
alternating with the candidates of the second political party
by alphabetical order pursuant to subparagraph (2).
(c) The commissioner shall determine the order of
candidates of nonparty political organizations on the ballot.
The order shall be the same for each office on the ballot and
for each precinct in the county voting in the election.
Sec. 49. Section 49.31, subsection 2, paragraph b, Code
2019, is amended to read as follows:
b. The Notwithstanding any provision of subsection 1,
paragraph “b”, to the contrary, the commissioner shall then
arrange the surnames of each political party’s candidates for
each office to which two or more persons are to be elected at
large alphabetically for the respective offices for the first
precinct on the list; thereafter, for each political party and
for each succeeding precinct, the names appearing first for
the respective offices in the last preceding precinct shall
be placed last, so that the names that were second before the
change shall be first after the change. The commissioner may
also rotate the names of candidates of a political party in the
reverse order of that provided in this subsection or alternate
the rotation so that the candidates of different parties shall
not be paired as they proceed through the rotation. The
procedure for arrangement of names on ballots provided in this
section shall likewise be substantially followed in elections
in political subdivisions of less than a county.
DIVISION VI
MUNICIPAL ELECTIONS
Sec. 50. Section 44.9, subsection 3, Code 2019, is amended
to read as follows:
3. In the office of the proper school board secretary, at
least thirty-five forty-two days before the day of a regularly
scheduled school election.
Sec. 51. Section 50.48, subsection 7, Code 2019, is amended
to read as follows:
7. If the election is an election held by a city which

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is not the final election for the office in question a city
primary election held pursuant to section 376.7, the recount
shall progress according to the times provided by this
subsection. If this subsection applies the canvass shall be
held by the second day after the election, the request for
a recount must be made by the third day after the election,
the board shall convene to conduct the recount by the sixth
day after the election, and the report shall be filed by the
eleventh eighth day after the election.
Sec. 52. Section 50.48, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION. 8. When a city council has chosen a runoff
election pursuant to section 376.9, the recount shall progress
according to the times provided by this subsection. If this
subsection applies, the canvass shall be conducted pursuant
to section 50.24. The request for a recount must be made
by the day after the canvass, and the board shall convene
for the first time not later than the first Friday following
the canvass. The report shall be filed not later than the
fourteenth day after the election.
Sec. 53. Section 260C.12, subsection 1, as amended by
2017 Iowa Acts, chapter 155, section 2, is amended to read as
follows:
1. The board of directors of the merged area shall organize
at the first regular meeting following the regular school
election or at a special meeting called by the secretary of the
board to organize the board in advance of the first regular
meeting following the regular school election after the canvass
for the regular school election. Organization of the board
shall be effected by the election of a president and other
officers from the board membership as board members determine.
The board of directors shall appoint a secretary and a
treasurer who shall each give bond as prescribed in section
291.2 and who shall each receive the salary determined by the
board. The secretary and treasurer shall perform duties under
chapter 291 and additional duties the board of directors deems
necessary. However, the board may appoint one person to serve
as the secretary and treasurer. If one person serves as the
secretary and treasurer, only one bond is necessary for that

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person. The frequency of meetings other than organizational
meetings shall be as determined by the board of directors but
the president or a majority of the members may call a special
meeting at any time.
Sec. 54. Section 260C.15, subsection 5, as amended by
2017 Iowa Acts, chapter 155, section 4, is amended to read as
follows:
5. The votes cast in the election shall be canvassed and
abstracts of the votes cast shall be certified as required by
section 277.20. In each county whose commissioner of elections
is responsible under section 47.2 for conducting elections
held for a merged area, the county board of supervisors shall
convene on the last Monday in November or at the last regular
board meeting in November, on the second Monday or Tuesday
after the day of the election to canvass the abstracts of votes
cast and declare the results of the voting. The commissioner
shall at once issue certificates of election to each person
declared elected, and shall certify to the merged area board in
substantially the manner prescribed by section 50.27 the result
of the voting on any public question submitted to the voters
of the merged area. Members elected to the board of directors
of a merged area shall qualify by taking the oath of office
prescribed in section 277.28.
Sec. 55. Section 277.4, subsection 3, Code 2019, is amended
to read as follows:
3. The secretary of the school board shall accept the
petition for filing if on its face it appears to have the
requisite number of signatures and if it is timely filed. The
secretary of the school board shall note upon each petition
and affidavit accepted for filing the date and time that the
petition was filed. The secretary of the school board shall
deliver all nomination petitions, together with the complete
text of any public measure being submitted by the board to the
electorate, to the county commissioner of elections on the day
following the last day on which nomination petitions can be
filed, and not later than 5:00 p.m. 12:00 noon on that day.
Sec. 56. Section 279.1, subsection 1, Code 2019, is amended
to read as follows:
1. The board of directors of each school corporation shall

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meet and organize at the first regular meeting or at a special
meeting called by the secretary of the board to organize the
board in advance of the first regular meeting after the canvass
for the regular school election at some suitable place to be
designated by the secretary. Notice of the place and hour of
the meeting shall be given by the secretary to each member and
member-elect of the board.
Sec. 57. Section 279.7, subsection 3, Code 2019, is amended
to read as follows:
3. In the case of a special election as provided in this
section to fill a vacancy occurring among the elective officers
or members of a school board before the expiration of a full
term, the person so elected shall qualify within ten days
thereafter from the final canvass of the election by the county
board in the manner required by section 277.28 and shall hold
office for the residue of the unexpired term and until a
successor is elected, or appointed, and qualified.
Sec. 58. Section 376.5, Code 2019, is amended to read as
follows:
376.5 Publication of ballot.
Notice containing a copy of the ballot for each regular,
special, primary, or runoff city election must be published by
the county commissioner of elections as provided in section
362.3, except that notice of a regular, primary, or runoff
election may be published not less than four days before the
date of the election. The published ballot notice must contain
the names of all candidates, and may not contain any party
designations. The published ballot notice must contain any
question to be submitted to the voters.
Sec. 59. Section 376.7, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION. 3. If the city holding a primary
election is located in more than one county, the controlling
commissioner for that city under section 47.2, subsection
2, shall conduct a second canvass on the first Monday or
Tuesday after the day of the election. However, if a recount
is requested pursuant to section 50.48, the controlling
commissioner shall conduct the second canvass within two
business days after the conclusion of the recount proceeding.

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Each commissioner conducting a canvass for the city pursuant
to section 50.24, subsection 1, shall transmit abstracts for
the offices of that city to the controlling commissioner for
that city, along with individual tallies for each write-in
candidate. At the second canvass, the county board of
supervisors of the county of the controlling commissioner shall
canvass the abstracts received pursuant to this subsection and
shall prepare a combined city abstract stating the number of
votes cast in the city for each office. The combined city
abstract shall further indicate the name of each person who
received votes for each office on the ballot, and the number of
votes each person received for that office. The votes of all
write-in candidates who each received less than five percent
of the total votes cast in the city for an office shall be
reported collectively under the heading “scattering”.
Sec. 60. Section 376.9, subsection 1, Code 2019, is amended
to read as follows:
1. A runoff election may be held only for positions unfilled
because of failure of a sufficient number of candidates to
receive a majority vote in the regular city election. When a
council has chosen a runoff election in lieu of a primary, the
county board of supervisors shall publicly canvass the tally
lists of the vote cast in the regular city election, following
the procedures prescribed in section 50.24, at a meeting to be
held on the second day following the regular city election, and
beginning no earlier than 1:00 p.m. on that day. Candidates
who do not receive a majority of the votes cast for an office,
but who receive the highest number of votes cast for that
office in the regular city election, to the extent of twice
the number of unfilled positions, are candidates in the runoff
election.
Sec. 61. 2017 Iowa Acts, chapter 155, section 45, is amended
to read as follows:
SEC. 45. TERM OF OFFICE —— TRANSITION PROVISIONS.
1. Notwithstanding the provisions of section 260C.11
designating a term of four years for members of a board of
directors of a merged area, the term of office for a seat on a
board of directors filled at the regular school election held
on:

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a. September 8, 2015, shall expire November 5, 2019 upon
the board’s organizational meeting held pursuant to section
260C.12, subsection 1.
b. September 12, 2017, shall expire November 2, 2021 upon
the board’s organizational meeting held pursuant to section
260C.12, subsection 1.
2. Notwithstanding the provisions of section 273.8,
subsection 1, designating a term of four years for members of
a board of directors of an area education agency, the term of
office for a seat on a board of directors filled by election
in:
a. September 2015 shall expire November 30, 2019.
b. September 2017 shall expire November 30, 2021.
3. Notwithstanding the provisions of section 274.7
designating a term of four years for members of a board of
directors of a school district, the term of office for a seat
on a board of directors filled at the regular school election
held on:
a. September 8, 2015, shall expire November 5, 2019 upon the
board’s organizational meeting held pursuant to section 279.1.
b. September 12, 2017, shall expire November 2, 2021 upon
the board’s organizational meeting held pursuant to section
279.1.
DIVISION VII
ABSENTEE BALLOT COUNTING
Sec. 62. Section 49.128, subsection 3, Code 2019, is amended
to read as follows:
3. The commissioner shall file a copy of the a certification
or report under this section with the state commissioner.
Sec. 63. Section 49.128, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION. 6. The commissioner shall place on
file in the commissioner’s office a report, and shall file
a copy of the report with the state commissioner, regarding
absentee ballot tracking and counting no later than December 1
following each general election. The report shall be in a form
prescribed by the state commissioner.
Sec. 64. Section 53.17, subsection 1, paragraph b, Code
2019, is amended to read as follows:

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b. The sealed return envelope may be mailed to the
commissioner by the registered voter or by the voter’s
designee. If mailed by the voter’s designee, the envelope
must be mailed within seventy-two hours of retrieving it from
the voter or within time to be postmarked or, if applicable,
to have the intelligent mail postal service barcode traced to
a date of entry into the federal mail system not later than
the day before the election, as provided in section 53.17A,
whichever is earlier.
Sec. 65. Section 53.17, subsection 2, Code 2019, is amended
to read as follows:
2. In order for the ballot to be counted, the return
envelope must be received in the commissioner’s office before
the polls close on election day or be clearly postmarked by an
officially authorized postal service or bear an intelligent
mail a postal service barcode traceable to a date of entry
into the federal mail system not later than the day before the
election, as provided in section 53.17A, and received by the
commissioner not later than noon on the Monday following the
election.
Sec. 66. Section 53.17, subsection 4, paragraph f, Code
2019, is amended to read as follows:
f. A statement that the completed absentee ballot will
be delivered to the commissioner’s office within seventy-two
hours of retrieving it from the voter or before the closing of
the polls on election day, whichever is earlier, or that the
completed absentee ballot will be mailed to the commissioner
within seventy-two hours of retrieving it from the voter or
within time to be postmarked or, if applicable, to have the
intelligent mail postal service barcode traced to a date of
entry into the federal mail system not later than the day
before the election, as provided in section 53.17A, whichever
is earlier.
Sec. 67. NEW SECTION. 53.17A Absentee ballot tracking.
1. For the purposes of this chapter:
a. “Postal service barcode” means a barcode purchased by the
sender and supplied by the United States postal service that is
used to sort and track letters and flat packages and is printed
on an absentee ballot return envelope at the direction of the

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commissioner before the envelope is sent to the voter.
b. “Tracking information database” means a database
administered by the United States postal service that is
accessible to the commissioner and contains information
regarding letters or flat packages.
2. a. Prior to implementing for the first time,
discontinuing the usage of, or reimplementing the usage
of a postal service barcode and tracking information, the
commissioner shall send notice to the state commissioner prior
to October 1, 2020, for an election taking place in 2020 after
that date, and by October 1 of each year thereafter.
b. The commissioner shall not implement or discontinue
the use of a postal service barcode or tracking information
database during an election after an absentee ballot has been
mailed for that election pursuant to section 53.8.
c. The state commissioner shall adopt rules regarding
the statewide implementation of a postal service barcode and
tracking information database, including procedures to be
followed when usage of a postal service barcode or the tracking
information database is negatively impacted. Each commissioner
shall use a postal service barcode and tracking information
database consistent with rules of the state commissioner.
Every commissioner shall send notice to the state commissioner
and implement the use of a postal service barcode and tracking
information database prior to October 1, 2020.
3. a. An absentee ballot received after the polls close
on election day but prior to the official canvass shall be
counted if the commissioner determines that the ballot entered
the federal mail system by the deadline specified in section
53.17 or 53.22. The date of entry of such an absentee ballot
into the federal mail system shall only be verified as provided
in paragraph “b”.
b. (1) If the postmark indicates that the absentee ballot
entered the federal mail system by the deadline specified
in section 53.17 or 53.22, the ballot shall be included for
canvass by the absentee and special voters precinct board.
(2) If the postmark is illegible, missing, or dated on or
after election day, the commissioner shall attempt to verify
the ballot’s date of entry into the federal mail system by

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querying the postal service barcode in the tracking information
database. If the tracking information database indicates that
the absentee ballot entered the federal mail system by the
deadline specified in section 53.17 or 53.22, the ballot shall
be included for canvass by the absentee and special voters
precinct board. The commissioner shall provide a report to
the absentee and special voters precinct board regarding the
information available in the tracking information database.
(3) If there is a discrepancy between the date indicated by
the postmark and the postal service barcode, the earlier of the
two shall determine the date of entry of the absentee ballot
into the federal mail system.
(4) (a) If neither the postmark nor the postal service
barcode indicates that the absentee ballot entered the federal
mail system by the deadline specified in section 53.17 or
53.22, the absentee ballot shall be sent to the absentee
and special voters precinct board pursuant to subparagraph
division (b) with the numeric value assigned to the postal
service barcode and a full report from the tracking information
database.
(b) Up to five absentee and special voters precinct board
members from each political party for partisan elections,
or any two members of the board for nonpartisan elections,
shall review the postal service barcode and tracking database
information report of each absentee ballot submitted pursuant
to subparagraph division (a) and certify that the tracking
information database report corresponds to the absentee ballot
by initialing the report and the absentee ballot envelope.
If the board concludes that the postal service barcode and
tracking information database report verify that the absentee
ballot entered the federal mail system by the deadline
specified in section 53.17 or 53.22, the ballot shall be
counted. Otherwise, the ballot shall not be counted.
Sec. 68. Section 53.22, subsection 6, paragraph b, Code
2019, is amended to read as follows:
b. Absentee ballots voted under this subsection shall be
delivered to the commissioner no later than the time the polls
are closed on election day. If the ballot is returned by mail
the return envelope must be received by the time the polls

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close, or be clearly postmarked by an officially authorized
postal service or bear an intelligent mail a postal service
barcode traceable to a date of entry into the federal mail
system not later than the day before the election, as provided
in section 53.17A, and received by the commissioner no later
than the time established for the canvass by the board of
supervisors for that election.
______________________________
LINDA UPMEYER
Speaker of the House

______________________________
CHARLES SCHNEIDER
President of the Senate

I hereby certify that this bill originated in the House and
is known as House File 692, Eighty-eighth General Assembly.
______________________________
CARMINE BOAL
Chief Clerk of the House
Approved _______________, 2019

______________________________
KIM REYNOLDS
Governor