Senate Study Bill 1241 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON SMITH) A BILL FOR 1 An Act relating to the conduct of state and local elections, 2 providing penalties, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2230XC (9) 88 ss/jh S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 DIVISION I PROCEDURES FOR PROPOSED AMENDMENTS TO THE IOWA CONSTITUTION Section 1. Section 49.43, subsection 2, Code 2019, is amended to read as follows: 2. Constitutional amendments and other public measures may shall be summarized by the commissioner as provided in sections 49.44 and 52.25. Sec. 2. Section 49.44, subsection 1, Code 2019, is amended to read as follows: 1. When a proposed constitutional amendment or other public measure to be decided by the voters of the entire state is to be voted upon, the state commissioner shall prepare a written summary of the amendment or measure including the number of the amendment or statewide public measure assigned by the state commissioner. The summary shall be printed immediately preceding the text of the proposed amendment or measure on the paper ballot or optical scan ballot referred to in section 49.43. If the complete text of the proposed amendment or public measure will not fit on the ballot it shall be posted inside the voting booth. A copy of the full text shall be included with any absentee ballots. Sec. 3. Section 49A.1, Code 2019, is amended to read as follows: 49A.1 Publication of proposed amendment. 1. Whenever any proposition to amend the Constitution has passed the general assembly and been referred to the next succeeding legislature, the state commissioner of elections shall endeavor to cause the same to be published, once each month, in two newspapers of general circulation in each congressional district in the state, for the time required by the Constitution. 2. a. The legislative services agency shall maintain on the internet site of the agency a list of all propositions to amend the Constitution as they are filed for each general assembly commencing on or after the effective date of this Act. -1- LSB 2230XC (9) 88 ss/jh 1/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Such lists shall include links to the text of the proposed amendments. b. The legislative services agency shall maintain on the internet site of the agency separate lists for propositions to amend the Constitution that have been passed by one general assembly and by two consecutive general assemblies. Such lists shall include links to the text of the proposed amendments and shall be updated no later than one week after the conclusion of each session of the general assembly. A proposition to amend the Constitution published consistent with this paragraph shall be considered published as required by the Constitution. Sec. 4. REPEAL. Sections 49A.10 and 49A.11, Code 2019, are repealed. DIVISION II ISSUANCE OF BONDS Sec. 5. Section 49.45, Code 2019, is amended to read as follows: 49.45 General form of ballot. 1. Ballots referred to in section 49.43 shall be substantially in the following form: Shall the following amendment to the Constitution (or public measure) be adopted? ☐ Yes ☐ No (Here insert the summary, if it is for a constitutional amendment or statewide public measure, and in full the proposed constitutional amendment or public measure. The number assigned by the state commissioner or the letter assigned by the county commissioner shall be included on the ballot centered above the question, “Shall the following amendment to the Constitution [or public measure] be adopted?”.) 2. A public measure to approve the issuance of a bond pursuant to chapter 75 or 296 shall include on the ballot the current property tax levy, which shall immediately follow the proposed levy, and the term of the bond. Such a public -2- LSB 2230XC (9) 88 ss/jh 2/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 measure shall also include on the ballot the average increase or decrease in cost of an average home in each county, as well as the average of such averages, according to data provided by the United States census bureau. DIVISION III SELF-PROMOTION WITH TAXPAYER FUNDS Sec. 6. Section 68A.405A, Code 2019, is amended by adding the following new subsection: NEW SUBSECTION. 3. For the purposes of this section, “direct mass mailing” means a mailing, regardless of whether the mailing was sent in response to a request or due to the recipient’s enrollment in a program, the purpose of which is to attract public attention to a person, policy, product, service, program, initiative, law, legislation, event, or activity promoted by the statewide elected official that is all of the following: a. Printed material delivered by the United States mail or other delivery service. b. Sent to more than two hundred physical addresses. c. Substantially similar or identical as regards each mailing. d. Sent at the same time or within a thirty-day period. DIVISION IV HOSPITAL BOARD OF TRUSTEES ELECTIONS Sec. 7. 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 -3- LSB 2230XC (9) 88 ss/jh 3/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 be elected for regular terms of four years each, except as provided in subsection 3. Sec. 8. 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. Sec. 9. 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. 10. 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 -4- LSB 2230XC (9) 88 ss/jh 4/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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 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 V TECHNICAL CHANGES Sec. 11. 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. 12. Section 39A.3, subsection 1, Code 2019, is amended by adding the following new paragraph: 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. 13. Section 39A.4, subsection 1, paragraph c, subparagraph (5), Code 2019, is amended by striking the subparagraph. Sec. 14. Section 39A.6, Code 2019, is amended to read as follows: -5- LSB 2230XC (9) 88 ss/jh 5/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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. 15. 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. The petition page shall clearly indicate that a candidate circulating the page shall provide the information required by this paragraph. Sec. 16. 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 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. -6- LSB 2230XC (9) 88 ss/jh 6/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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. 17. 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. 18. 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. 19. 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. 20. 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. -7- LSB 2230XC (9) 88 ss/jh 7/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Sec. 21. 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. 22. 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. 23. 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. 24. Section 47.1, subsection 6, Code 2019, is amended to read as follows: 6. The state commissioner may, at the state commissioner’s -8- LSB 2230XC (9) 88 ss/jh 8/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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 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. 25. 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. 26. 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. 27. Section 47.7, subsection 2, paragraph d, Code 2019, -9- LSB 2230XC (9) 88 ss/jh 9/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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. (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. 28. 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. 29. 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. 30. 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 -10- LSB 2230XC (9) 88 ss/jh 10/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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 acknowledgment within forty-eight hours of receipt of the form or change of information. Sec. 31. 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. 32. 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. 33. Section 49.57, subsection 2, Code 2019, is amended to read as follows: 2. After the name of each candidate for a partisan office -11- LSB 2230XC (9) 88 ss/jh 11/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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. 34. 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. 35. NEW SECTION. 53.1A Rules. The state commissioner shall adopt rules pursuant to chapter 17A for the implementation of this chapter. Sec. 36. Section 53.8, subsection 1, paragraph a, 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. 37. EFFECTIVE DATE. This division of this Act, being deemed of immediate importance, takes effect upon enactment. DIVISION VI MISCELLANEOUS PROVISIONS Sec. 38. Section 54.9, Code 2019, is amended to read as follows: -12- LSB 2230XC (9) 88 ss/jh 12/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 54.9 Compensation. The electors shall each receive a compensation of five dollars one-half of the federal general services administration’s per diem rate for the relevant date and location for every day’s attendance, and the same mileage as members of the general assembly which shall be paid from funds not otherwise appropriated from the general fund of the state. Sec. 39. Section 68.9, subsection 1, Code 2019, is amended to read as follows: 1. When an impeachment is presented, the senate shall, after the hour of final adjournment of the legislature as soon as practicable, be forthwith organized as a court of impeachment for the trial thereof, at the capitol. Sec. 40. Section 68.14, Code 2019, is amended to read as follows: 68.14 Compensation —— fees —— payment. The presiding officer and members of the senate, while sitting as a court of impeachment, and the managers elected by the house of representatives, shall receive the sum of six dollars each per day be compensated the same as for a special session of the general assembly, but shall receive no additional compensation during a regular session of the general assembly, and shall be reimbursed for mileage expense in going from and returning to their places of residence by the ordinary traveled routes; the secretary, sergeant at arms, and all subordinate officers, clerks, and reporters, shall receive such amount as shall be determined upon by a majority vote of the members of such court. The same fees shall be allowed to witnesses, to officers, and to other persons serving process or orders, as are allowed for like services in criminal cases, but no fees can be demanded in advance. The state treasurer shall, upon the presentation of certificates signed by the presiding officer and secretary of the senate, pay all of the foregoing compensations and the expenses of the senate incurred under the provisions of this chapter. -13- LSB 2230XC (9) 88 ss/jh 13/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 DIVISION VII NOMINATIONS BY PETITION Sec. 41. Section 43.20, subsection 1, Code 2019, is amended by striking the subsection and inserting in lieu thereof the following: 1. Nomination papers shall be signed by eligible electors as provided in section 45.1. Sec. 42. Section 45.1, subsections 1, 2, 3, 4, 5, 6, 8, and 9, Code 2019, are amended to read as follows: 1. Nominations for candidates for president and vice president, governor and lieutenant governor, and for other statewide elected offices United States senator may be made by nomination petitions signed by not less than one thousand five hundred four thousand eligible electors residing in, including at least two hundred eligible electors from not less than ten counties of the state. 2. Nominations for candidates for a representative in the United States house of representatives may be made by nomination petitions signed by not less than the number of eligible electors equal to the number of signatures required in subsection 1 divided by the number of congressional districts. Signers of the petition shall be eligible electors who are residents of the congressional district two thousand eligible electors who are residents of the congressional district, including seventy-seven eligible electors from at least one-half of the counties in the congressional district. 3. Nominations for candidates for the state senate may be made by nomination petitions signed by not less than one two hundred eligible electors who are residents of the senate district. 4. Nominations for candidates for the state house of representatives may be made by nomination petitions signed by not less than fifty one hundred eligible electors who are residents of the representative district. 5. Nominations for candidates for offices filled by the -14- LSB 2230XC (9) 88 ss/jh 14/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 voters of a whole county may be made by nomination petitions signed by at least two hundred eligible electors who are residents of the county equal in number to at least one percent of the number of registered voters in the county on July 1 in the year preceding the year in which the office will appear on the ballot, or by at least two hundred fifty eligible electors who are residents of the county, whichever is less. 6. Nominations for candidates for the office of county supervisor elected by the voters of a supervisor district may be made by nomination petitions signed by at least two hundred eligible electors who are residents of the supervisor district equal in number to at least one percent of the number of registered voters in the supervisor district on July 1 in the year preceding the year in which the office will appear on the ballot, or by at least one hundred fifty eligible electors who are residents of the supervisor district, whichever is less. 8. Nominations for candidates for elective offices in cities where the council has adopted nominations under this chapter may be submitted as follows: a. Except as otherwise provided in subsection 9, in cities having a population of three thousand five hundred twenty thousand or greater according to the most recent federal decennial census, nominations may be made by nomination papers signed by not less than twenty-five one hundred eligible electors who are residents of the city or ward. b. In cities having a population of one hundred five thousand or greater, but less than three thousand five hundred twenty thousand, according to the most recent federal decennial census, nominations may be made by nomination papers signed by not less than ten fifty eligible electors who are residents of the city or ward. c. In cities having a population less than one hundred one thousand or greater, but less than five thousand, according to the most recent federal decennial census, nominations may be made by nomination papers signed by not less than five -15- LSB 2230XC (9) 88 ss/jh 15/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 twenty-five eligible electors who are residents of the city. d. In cities having a population less than one thousand, according to the most recent federal decennial census, nominations may be made by nomination papers signed by not less than ten eligible electors who are residents of the city. 9. Nominations for candidates, other than partisan candidates, for elective offices the office of mayor, alderman at large, and ward alderman in special charter cities subject to section 43.112 may be submitted as follows: made by nomination papers signed by not less than one hundred eligible electors residing in the city. a. For the office of mayor and alderman at large, nominations may be made by nomination papers signed by eligible electors residing in the city equal in number to at least two percent of the total vote received by all candidates for mayor at the last preceding city election. b. For the office of ward alderman, nominations may be made by nomination papers signed by eligible electors residing in the ward equal in number to at least two percent of the total vote received by all candidates for ward alderman in that ward at the last preceding city election. Sec. 43. Section 45.1, Code 2019, is amended by adding the following new subsection: NEW SUBSECTION. 02. Nominations for candidates for statewide offices other than those listed in subsection 1 may be made by nomination petitions signed by not less than two thousand five hundred eligible electors, including at least one hundred twenty-five eligible electors from not less than ten counties of the state. DIVISION VIII CONDUCT OF ELECTIONS Sec. 44. 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 -16- LSB 2230XC (9) 88 ss/jh 16/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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 April, 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 second Tuesday in January, the last Tuesday in April, 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 April, 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 second Tuesday in January, the last Tuesday in April, or the second Tuesday in September. c. For a school district or merged area, in the odd-numbered year, the first second Tuesday in February January, the first last 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 second Tuesday in February January, the first last Tuesday in April, or the second Tuesday in September, or the second Tuesday in December. Sec. 45. Section 39.12, Code 2019, is amended to read as follows: 39.12 Failure to vacate. An elected official who has been elected to another elective office to which section 39.11 applies shall choose only one office in which to serve. The official shall resign from all but one of the offices to which section 39.11 applies before the beginning of the term of the office to which the person was most recently elected. Failure to submit the required resignation will result in a vacancy in all the first elective offices office to which the person was elected. -17- LSB 2230XC (9) 88 ss/jh 17/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Sec. 46. Section 43.11, subsection 1, Code 2019, is amended to read as follows: 1. For an elective county office, in the office of the county commissioner not earlier than ninety-two days nor later than 5:00 p.m. on the sixty-ninth seventy-fourth day before the day fixed for holding the primary election. Sec. 47. Section 43.16, subsection 2, paragraph b, Code 2019, is amended to read as follows: b. A person who has filed nomination papers with the commissioner may withdraw as a candidate not later than the sixty-seventh sixty-ninth day before the primary election by notifying the commissioner in writing. Sec. 48. NEW SECTION. 43.17 Disqualification of defeated candidates. A person who files nomination papers pursuant to section 43.11 but fails to receive the nomination of the political party shall not be eligible for election to the office listed on the nomination papers in the next general election for that office. Sec. 49. Section 43.23, Code 2019, is amended to read as follows: 43.23 Death or withdrawal of primary candidate. 1. If a person who has filed nomination papers with the state commissioner as a candidate in a primary election dies or withdraws up to the seventy-sixth day before the primary election, the appropriate convention or central committee of that person’s political party may designate one additional primary election candidate for the nomination that person was seeking, if the designation is submitted to the state commissioner in writing by 5:00 p.m. on the seventy-first day before the date of the primary election. The name of any candidate so submitted shall be included in the appropriate certificate or certificates furnished by the state commissioner under section 43.22. 2. If a person who has filed nomination papers with the -18- LSB 2230XC (9) 88 ss/jh 18/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 commissioner as a candidate in a primary election dies or withdraws up to the sixty-seventh sixty-ninth day before the primary election, the appropriate convention or central committee of that person’s political party may designate one additional primary election candidate for the nomination that person was seeking, if the designation is submitted to the commissioner in writing by 5:00 p.m. on the sixty-third sixty-fourth day before the primary election. The name of any candidate so submitted shall be placed on the appropriate ballot or ballots by the commissioner. Sec. 50. Section 43.24, subsection 1, paragraph b, subparagraph (2), Code 2019, is amended to read as follows: (2) Those filed with the commissioner, not less than sixty-four sixty-seven days before the date of the election. Sec. 51. 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. 52. 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. 53. Section 43.78, subsection 2, Code 2019, is amended to read as follows: 2. The name of any candidate designated to fill a vacancy on the general election ballot in accordance with subsection -19- LSB 2230XC (9) 88 ss/jh 19/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1, paragraph “a”, “b”, or “c” shall be submitted in writing to the state commissioner not later than 5:00 p.m. on the seventy-third seventy-sixth day before the date of the general election. Sec. 54. Section 43.79, Code 2019, is amended to read as follows: 43.79 Death of candidate after time for withdrawal. The death of a candidate nominated as provided by law for any office to be filled at a general election, during the period beginning on the eighty-first seventy-fifth day before the general election, in the case of any candidate whose nomination papers were filed with the state commissioner, or beginning on the seventy-third day before the general election, in the case of any candidate whose nomination papers were filed with the commissioner, and ending on the last day before at the time the polls close on the day of the general election shall not operate to remove the deceased candidate’s name from the general election ballot. If the deceased candidate was seeking the office of senator or representative in the Congress of the United States, governor, attorney general, senator or representative in the general assembly or county supervisor, section 49.58 shall control. If the deceased candidate was seeking any other office, and as a result of the candidate’s death a vacancy is subsequently found to exist, the vacancy shall be filled as provided by chapter 69. Sec. 55. Section 44.1, Code 2019, is amended to read as follows: 44.1 Political nonparty organizations. Any convention or caucus of eligible electors representing a political organization which is not a political party as defined by law, may, for the state, or for any division or municipality thereof, or for any county, or for any subdivision thereof, for which such convention or caucus is held, make one nomination of a candidate for each office to be filled therein at the general election. However, in order to qualify for -20- LSB 2230XC (9) 88 ss/jh 20/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 any nomination made for a statewide elective office by such a political organization there shall be in attendance at the convention or caucus where the nomination is made a minimum of two hundred fifty five hundred eligible electors including at least one eligible elector from each of twenty-five counties. In order to qualify for any nomination to the office of United States representative there shall be in attendance at the convention or caucus where the nomination is made a minimum of fifty two hundred eligible electors who are residents of the congressional district including at least one eligible elector from each of at least one-half of the counties of the congressional district. In order to qualify for any nomination to an office to be filled by the voters of a county or of a city there shall be in attendance at the convention or caucus where the nomination is made a minimum of ten twenty eligible electors who are residents of the county or city, as the case may be, including at least one eligible elector from at least one-half of the voting precincts in that county or city. In order to qualify for any nomination made for the general assembly there shall be in attendance at the convention or caucus where the nomination is made a minimum of ten twenty-five eligible electors who are residents of the representative district or twenty fifty eligible electors who are residents of the senatorial district, as the case may be, with at least one eligible elector from one-half of the voting precincts in the district in each case. The names of all delegates in attendance at such convention or caucus and such fact shall be certified to the state commissioner together with the other certification requirements of this chapter. Sec. 56. Section 44.4, Code 2019, is amended to read as follows: 44.4 Nominations and objections —— time and place of filing. 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 -21- LSB 2230XC (9) 88 ss/jh 21/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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 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. 2. a. Objections to the legal sufficiency of a certificate of nomination or nomination petition or to the eligibility of a candidate may be filed by any person who would have the right to vote for a candidate for the office in question. The objections must be filed with the officer with whom the certificate or petition is filed and within the following time: -22- LSB 2230XC (9) 88 ss/jh 22/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 (1) Those filed with the state commissioner, not less than sixty-eight seventy-four 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, except as provided in subparagraph (3). (3) Those filed with the commissioner for an elective city office, at least forty-two days before the regularly scheduled or special city election. However, for those cities that may be required to hold a primary election, at least sixty-three days before the regularly scheduled or special city election. (4) In the case of nominations to fill vacancies occurring after the time when an original nomination for an office is required to be filed, objections shall be filed within three days after the filing of the certificate. b. Objections shall be filed no later than 5:00 p.m. on the final date for filing. Sec. 57. Section 44.9, subsections 1 and 2, Code 2019, are amended to read as follows: 1. In the office of the state commissioner, at least sixty-eight days before the date of the election as provided in section 43.76. 2. In the office of the appropriate commissioner, at least sixty-four days before the date of the election, except as otherwise provided in subsection 6 as provided in section 43.76. Sec. 58. 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. Sec. 59. NEW SECTION. 47.12 Electronic poll books —— mandatory. Each county commissioner of elections shall, by February 26, 2020, ensure that each election precinct uses an electronic -23- LSB 2230XC (9) 88 ss/jh 23/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 poll book. Sec. 60. Section 48A.9, subsection 1, Code 2019, is amended to read as follows: 1. Registration closes at 5:00 p.m. eleven ten days before each election except general elections. For general elections, registration closes at 5:00 p.m. ten days before the election. An eligible elector may register during the time registration is closed in the elector’s precinct but the registration shall not become effective until registration opens again in the elector’s precinct, except as otherwise provided in section 48A.7A. Sec. 61. NEW SECTION. 49.2 Oversight by the state commissioner. The state commissioner, or a designee of the state commissioner, may, at the discretion of the state commissioner, oversee the activities of a county commissioner of elections during a period beginning sixty days before an election and ending sixty days after an election. Sec. 62. 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 material displaying the name of a candidate or elected official other than a ballot or sample ballot. Sec. 63. NEW SECTION. 49.42B Form of official ballot —— candidates for president and vice president. When candidates for president and vice president of the United States appear on the ballot, the following statement shall appear directly above the section of the ballot listing such candidates: [A ballot cast for the named candidates for president and vice president of the United States is considered to be cast for the slate of presidential electors nominated by the political party, nonparty political organization, or independent candidate.] -24- LSB 2230XC (9) 88 ss/jh 24/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Sec. 64. 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. 65. 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 arrangement of any ballots printed under the commissioner’s direction conforms to all applicable requirements of this chapter. Sec. 66. 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. 67. Section 49.58, subsection 1, Code 2019, is amended to read as follows: 1. If any candidate nominated by a political party, -25- LSB 2230XC (9) 88 ss/jh 25/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 as defined in section 43.2, for the office of senator or representative in the Congress of the United States, governor, attorney general, or senator or representative in the general assembly dies during the period beginning on the eighty-eighth eighty-first day and ending at the time the polls close on the last day before of the general election, or if any candidate so nominated for the office of county supervisor dies during the period beginning on the seventy-third seventy-fourth day and ending at the time the polls close on the last day before of the general election, the vote cast at the general election for that office shall not be canvassed as would otherwise be required by chapter 50. Instead, a special election shall be held on the first Tuesday after the second Monday in December, for the purpose of electing a person to fill that office. Sec. 68. Section 49.73, subsection 2, Code 2019, is amended to read as follows: 2. a. The commissioner shall not shorten voting hours for any election if there is filed in the commissioner’s office, at least twenty-five days before the election, a petition signed by at least fifty eligible electors of the school district or city, as the case may be, requesting that the polls be opened not later than 7:00 a.m. All polling places where the candidates of or any public question submitted by any one political subdivision are being voted upon shall be opened at the same hour, except that this requirement shall not apply to merged areas established under chapter 260C. The hours at which the respective precinct polling places are to open shall not be changed after publication of the notice required by section 49.53. The polling places shall be closed at 9:00 p.m. for state primary and general elections and other partisan elections, and for any other election held concurrently therewith, and at 8:00 p.m. for all other elections. b. The legislative services agency shall place on the internet site of the agency information regarding the opening and closing times of polling places until and including -26- LSB 2230XC (9) 88 ss/jh 26/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 November 7, 2023. This paragraph is repealed effective July 1, 2024. Sec. 69. 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. 70. Section 49A.6, Code 2019, is amended to read as follows: 49A.6 Certification —— sample ballot. The state commissioner of elections shall, not less than sixty-nine sixty-three days preceding any election at which a constitutional amendment or public measure is to be submitted to a vote of the entire people of the state, transmit to the county commissioner of elections of each county a certified copy of the amendment or measure and a sample of the ballot to be used in such cases, prepared in accordance with law. Sec. 71. Section 50.44, Code 2019, is amended to read as follows: 50.44 Tie vote. 1. If more than the requisite number of persons, including other than for presidential electors, are found to have an equal and the highest number of votes, the election of one of them shall be determined by lot. The name of each of such candidates shall be written on separate pieces of paper, as -27- LSB 2230XC (9) 88 ss/jh 27/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 nearly uniform in size and material as possible, and placed in a receptacle so that the names cannot be seen. In the presence of the board of canvassers, one of them shall publicly draw one of such names, and such person shall be declared elected a special election shall be held consistent with section 69.14, in which each such candidate shall be the only candidates on the ballot. The result of such drawing an election shall be entered upon the abstract of votes and duly recorded, and a certificate of election issued to such person, as provided in this chapter. 2. If more than the requisite number of presidential electors are found to have an equal and the highest number of votes, the presidential electors shall be assigned one-half to each candidate. If there is an odd number of presidential electors, the remaining elector shall be assigned by lot. Sec. 72. Section 50.48, subsection 3, Code 2019, is amended by adding the following new paragraph: NEW PARAGRAPH. c. In addition to the persons listed in paragraph “a”, the candidate requesting the recount and the apparent winning candidate may each submit a request to a commissioner from a county other than the county conducting the recount to be present at the recount. Such a commissioner may report any irregularities observed by the commissioner at any time after the election to the state commissioner. Sec. 73. Section 50.48, subsection 4, paragraph b, Code 2019, is amended to read as follows: b. Any member of the recount board may at any time during the recount proceedings for an election for a statewide elected official as defined in section 68B.2 or a United States senator extend the recount of votes cast for the office or nomination in question to any other precinct or precincts in the same county, or from which the returns were reported to the commissioner responsible for conducting the election, without the necessity of posting additional bond. The recount proceedings for an election for any other office shall include -28- LSB 2230XC (9) 88 ss/jh 28/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 all precincts in which a ballot for the election was cast. Sec. 74. NEW SECTION. 50.52 Enforcement. Members of local law enforcement agencies and the state patrol are authorized to take all reasonable actions to prevent violations of this chapter. Sec. 75. Section 53.2, subsection 4, paragraph b, Code 2019, is amended to read as follows: b. If insufficient information has been provided, including the absence of a voter verification number, either on the prescribed form or on an application created by the applicant, the commissioner shall, by the best means available, obtain the additional necessary information within twenty-four hours after the receipt of the absentee ballot request, contact the applicant by telephone and electronic mail, if such information has been provided by the applicant. If the commissioner is unable to contact the applicant by telephone or electronic mail, the commissioner shall send a notice to the applicant at the address where the applicant is registered to vote, or to the applicant’s mailing address if it is different from the residence address. If the applicant has requested the ballot to be sent to an address that is not the applicant’s residential or mailing address, the commissioner shall send an additional notice to the address where the applicant requested the ballot to be sent. A commissioner shall not use the voter registration system to obtain additional necessary information. A voter requesting or casting a ballot pursuant to section 53.22 shall not be required to provide a voter verification number. The state commissioner shall adopt rules to implement this section. Sec. 76. Section 53.2, subsection 4, Code 2019, is amended by adding the following new paragraph: NEW PARAGRAPH. d. If an applicant does not have current access to the applicant’s voter verification number, the commissioner shall verify the applicant’s identity prior to supplying the voter verification number by asking the applicant -29- LSB 2230XC (9) 88 ss/jh 29/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 to provide at least two of the following facts about the applicant: (1) Date of birth. (2) The last four digits of the applicant’s social security number, if applicable. (3) Residential address. (4) Mailing address. (5) Middle name. (6) Voter verification number as defined in paragraph “c”. Sec. 77. Section 53.10, subsection 2, paragraph a, Code 2019, is amended to read as follows: a. Each person who wishes to vote by absentee ballot at the commissioner’s office shall first sign an application for a ballot including the following information: name, current address, voter verification number, and the election for which the ballot is requested. The person may report a change of address or other information on the person’s voter registration record at that time. Prior to furnishing a ballot, the commissioner shall verify the person’s identity as provided in section 49.78. The registered voter shall immediately mark the ballot; enclose the ballot in a secrecy envelope, if necessary, and seal it in the envelope marked with the affidavit; subscribe to the affidavit on the reverse side of the envelope; and return the absentee ballot to the commissioner. The commissioner shall record the numbers appearing on the application and affidavit envelope along with the name of the registered voter. Sec. 78. Section 53.10, subsection 2, Code 2019, is amended by adding the following new paragraph: NEW PARAGRAPH. c. If an unregistered person offering to vote an absentee ballot pursuant to this section prior to the deadline in section 48A.9 does not have an Iowa driver’s license, an Iowa nonoperator’s identification card, or a voter identification number assigned to the voter by the state commissioner pursuant to section 47.7, subsection 2, the person -30- LSB 2230XC (9) 88 ss/jh 30/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 may satisfy identity and residence requirements as provided in section 49.78. This section shall also apply to a registered voter casting a ballot pursuant to this section who has not yet received a voter verification number. Sec. 79. Section 53.11, subsection 1, paragraph a, Code 2019, is amended to read as follows: a. Not more than twenty-nine days before the date of an election, satellite absentee voting stations may be established throughout the cities and county at the direction of the commissioner and shall be established upon receipt of a petition signed by not less than one hundred eligible electors requesting that a satellite absentee voting station be established at a location to be described on the petition, and may be established at the direction of the commissioner in the case of a special election. However, if a special election is scheduled in the county on a date that falls between the date of the regular city election and the date of the city runoff election, the commissioner is not required to establish a satellite absentee voting station for the city runoff election. Sec. 80. Section 53.11, subsection 1, Code 2019, is amended by adding the following new paragraph: NEW PARAGRAPH. c. A satellite absentee voting station shall not be established in any state-owned building. A satellite absentee voting station may be established at a county courthouse. Sec. 81. Section 53.11, subsection 2, paragraph e, Code 2019, is amended to read as follows: e. For a special election, no later than thirty-two eighteen days before the special election. Sec. 82. 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 material displaying the name of a candidate or elected official other than a ballot or sample ballot. -31- LSB 2230XC (9) 88 ss/jh 31/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Sec. 83. Section 53.17, subsection 1, paragraph b, Code 2019, is amended to read as follows: 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 barcode traced to a date of entry into the federal mail system not later than the day before the election, whichever is earlier. Sec. 84. 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 barcode traceable to a date of entry into the federal mail system not later than the day before the election and received by the commissioner not later than noon on the Monday following the election. Sec. 85. 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 barcode traced to a date of entry into the federal mail system not later than the day before the election, whichever is earlier. Sec. 86. Section 53.18, subsection 2, Code 2019, is amended to read as follows: 2. a. If the commissioner receives the return envelope -32- LSB 2230XC (9) 88 ss/jh 32/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 containing the completed absentee ballot by 5:00 p.m. on the Saturday before the election for general elections and by 5:00 p.m. on the Friday before the election for all other elections, the commissioner shall review the affidavit marked on the return envelope, if applicable, for completeness or shall open the return envelope to review the affidavit for completeness. If the affidavit is incomplete, the commissioner shall, within twenty-four hours of the time the envelope was received, notify the voter of that fact and that the voter may complete the affidavit in person at the office of the commissioner by 5:00 p.m. on the day before the election, vote a replacement ballot in the manner and within the time period provided in subsection 3, or appear at the voter’s precinct polling place on election day and cast a ballot in accordance with section 53.19, subsection 3. (1) If the affidavit lacks the signature of the registered voter, the commissioner shall, within twenty-four hours of the receipt of the envelope, notify the voter of the deficiency and inform the voter that the voter may vote a replacement ballot as provided in subsection 3, cast a ballot as provided in section 53.19, subsection 3, or complete the affidavit in person at the office of the commissioner not later than noon on the Monday following the election, or if the law authorizing the election specifies that the votes be canvassed earlier than the Monday following the election, before the canvass of the election. (2) If the affidavit appears to have been signed by someone other than the registered voter, the commissioner shall, within twenty-four hours of the receipt of the envelope, notify the voter of the deficiency and inform the voter that the voter may vote a replacement ballot as provided in subsection 3, cast a ballot as provided in section 53.19, subsection 3, or complete the affidavit in person at the office of the commissioner by providing proof of identity as provided in section 49.78 not later than noon on the Monday following the election, or if -33- LSB 2230XC (9) 88 ss/jh 33/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 the law authorizing the election specifies that the votes be canvassed earlier than the Monday following the election, before the canvass of the election. b. If the commissioner receives the return envelope containing the completed absentee ballot after the deadline in paragraph “a”, the commissioner shall submit the affidavit to the absentee and special voters precinct board for review. If the absentee and special voters precinct determines that the affidavit is incomplete, the commissioner shall, within twenty-four hours of the determination, notify the voter. (1) If the affidavit lacks the signature of the registered voter, the commissioner shall notify the voter that the voter may complete the affidavit in person at the office of the commissioner not later than noon on the Monday following the election, or if the law authorizing the election specifies that the votes be canvassed earlier than the Monday following the election, before the canvass of the election. (2) If the affidavit appears to have been signed by someone other than the registered voter, the commissioner shall notify the voter that the voter may complete the affidavit in person at the office of the commissioner by providing proof of identity as provided in section 49.78 not later than noon on the Monday following the election, or if the law authorizing the election specifies that the votes be canvassed earlier than the Monday following the election, before the canvass of the election. Sec. 87. Section 53.18, Code 2019, is amended by adding the following new subsection: NEW SUBSECTION. 04. For the purposes of this section, a return envelope marked with the affidavit shall be considered incomplete if it lacks the registered voter’s signature or it appears to the commissioner that the signature on the envelope has been signed by someone other than the registered voter, in comparing the signature on the envelope to the signature on record of the registered voter named on the envelope. A -34- LSB 2230XC (9) 88 ss/jh 34/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 signature or marking made in accordance with section 39.3, subsection 17, shall cause an affidavit to be considered incomplete. Sec. 88. 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 close, or be clearly postmarked by an officially authorized postal service or bear an intelligent mail barcode traceable to a date of entry into the federal mail system not later than the day before the election and received by the commissioner no later than the time established for the canvass by the board of supervisors for that election. Sec. 89. Section 58.1, Code 2019, is amended to read as follows: 58.1 Notice —— grounds. The contestant for the office of governor shall, within thirty fourteen days after the proclamation of the result of the election, deliver to the presiding officer of each house of the general assembly a notice of intent to contest, and a specification of the grounds of such contest, as provided in chapter 62. Sec. 90. Section 58.4, subsections 1 and 2, Code 2019, are amended to read as follows: 1. The names of members of each house, except the presiding officer and the majority and minority leaders, written on similar paper tickets, shall be placed in a box, the names of the senators in their presence by their secretary, and the names of the representatives in their presence by their clerk. 2. The secretary of the senate in the presence of the senate, and the clerk of the house of representatives in the presence of the house, shall draw from their respective boxes the names of seven five members each. The majority and -35- LSB 2230XC (9) 88 ss/jh 35/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 minority leaders of each house shall also serve on the contest court. Sec. 91. NEW SECTION. 68A.507 Deceptive names prohibited. No person shall place on any published material, as defined in section 68A.405, a name or abbreviation of a name intended to cause a voter to believe that the person represents a political party or nonparty political organization of which the person is not a candidate. Sec. 92. Section 69.9, Code 2019, is amended to read as follows: 69.9 Person removed not eligible. No person can be appointed to fill a vacancy who has been removed from office within one year next preceding. Sec. 93. Section 69.14, Code 2019, is amended to read as follows: 69.14 Special election to fill vacancies. 1. A special election to fill a vacancy shall be held for a representative in Congress, when Congress is in session or will convene prior to the next general election, or for a senator or representative in the general assembly, when the body in which such vacancy exists is in session, or the general assembly will convene prior to the next general election, and the governor shall order, not later than five days from the date the vacancy exists, a special election, giving not less than forty days’ notice of such election. 2. In the event the special election is to fill a vacancy in the general assembly while it is in session or within forty-five days of the convening of any session, the time limit provided in this section shall not apply and the governor shall order such, not later than five days after the day the vacancy occurs, a special election at the earliest practical time, giving at least eighteen twenty-one, but no more than forty-two, days’ notice of the special election. Any special election called under this section must be held on a Tuesday and shall not be held on the same day as a school election -36- LSB 2230XC (9) 88 ss/jh 36/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 within the district. Sec. 94. Section 445.5, subsection 1, Code 2019, is amended by adding the following new paragraph: NEW PARAGRAPH. i. Until November 7, 2023, the hours during which polling places are open on election days. This paragraph is repealed effective July 1, 2024. DIVISION IX CONFLICTS OF INTEREST Sec. 95. 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 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. 96. EFFECTIVE DATE. This division of this Act takes effect March 18, 2021. DIVISION X VOTER REGISTRATION Sec. 97. Section 47.7, Code 2019, is amended by adding the following new subsections: NEW SUBSECTION. 3. The state registrar of voters shall develop a form to be distributed pursuant to section 262.9, subsection 39, indicating whether a graduating student will reside outside Iowa, reside within Iowa and optionally, at what address, or move outside Iowa but vote in Iowa pursuant to chapter 53, subchapter II. The state registrar of voters shall remove from the statewide voter registration system any graduating student indicating that the student will reside outside Iowa after graduation, unless the student will vote in Iowa pursuant to chapter 53, subchapter II, and shall update the registration information of any student indicating a change of address within the state. -37- LSB 2230XC (9) 88 ss/jh 37/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 NEW SUBSECTION. 4. The state registrar of voters shall use information from the electronic registration information center to update information in the statewide voter registration system, including but not limited to the following reports: a. In-state duplicates. b. In-state updates. c. Cross-state matches. d. Deceased. e. Eligible but unregistered. f. National change of address. Sec. 98. Section 48A.10A, subsection 1, Code 2019, is amended to read as follows: 1. The state registrar shall compare lists of persons who are registered to vote with the department of transportation’s driver’s license and nonoperator’s identification card files and shall, on an initial basis, issue a voter identification card to each active, registered voter whose name does not appear in the department of transportation’s files. The voter identification card shall include the name of the registered voter, a signature line above which the registered voter shall sign the voter identification card, the registered voter’s identification number assigned to the voter pursuant to section 47.7, subsection 2, and an additional four-digit personal identification number assigned by the state commissioner, and the times during which polling places will be open on election days. Sec. 99. Section 48A.28, subsection 2, paragraph b, Code 2019, is amended to read as follows: b. (1) A commissioner participating in the national change of address program, in the first quarter of each calendar year, shall, during the January immediately following each presidential election, send a notice and preaddressed, postage paid return card by forwardable mail to each registered voter whose name was not reported by the national change of address program and who has not voted in two or more consecutive -38- LSB 2230XC (9) 88 ss/jh 38/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 general elections failed to vote in a presidential election and has not registered again, or who has not reported a change to an existing registration, or who has not responded to a notice from the commissioner or registrar during the period between and following the previous two general elections and shall make the voter registration record of the voter inactive. The form and language of the notice and return card shall be specified by the state voter registration commission by rule. A registered voter shall not be sent a notice and return card under this subsection more frequently than once in a four-year period. (2) The commissioner shall send a notice to each registered voter who does not respond to a notice sent pursuant to subparagraph (1) during the April immediately following the presidential election. The form and language of the notice shall be specified by the state voter registration commission by rule. Sec. 100. Section 48A.29, subsection 1, unnumbered paragraph 1, Code 2019, is amended to read as follows: If a confirmation notice and return card sent pursuant to section 48A.28, subsection 3, is returned as undeliverable by the United States postal service, the commissioner shall make the registration record inactive and shall mail a notice to the registered voter at the registered voter’s most recent mailing address, as shown by the registration records. Sec. 101. Section 48A.30, subsection 1, Code 2019, is amended by adding the following new paragraph: NEW PARAGRAPH. h. The registered voter has not responded to a notice sent pursuant to section 48A.28, subsection 2, by July 1 following the presidential election. Sec. 102. Section 48A.38, subsection 1, unnumbered paragraph 1, Code 2019, is amended to read as follows: Any person may request of the registrar and shall receive, upon payment of the cost of preparation two hundred fifty dollars, a list of registered voters and other data on -39- LSB 2230XC (9) 88 ss/jh 39/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 registration and participation in elections, in accordance with the following requirements and limitations: Sec. 103. NEW SECTION. 48A.39A Voter list maintenance reports. 1. The commissioner of registration shall annually submit to the state registrar of voters a report regarding the number of voter registration records marked inactive or canceled pursuant to sections 48A.28 through 48A.30. The state registrar of voters shall publish such reports on the internet site of the state registrar of voters. 2. The state registrar of voters shall determine by rule the form and submission deadline of reports submitted pursuant to subsection 1. Sec. 104. Section 262.9, Code 2019, is amended by adding the following new subsection: NEW SUBSECTION. 39. Direct the institutions of higher education under its control to require each graduating student to complete a form created by the state registrar of voters pursuant to section 47.7 indicating whether the student intends to reside outside Iowa, remain within Iowa, or move outside Iowa but continue to vote within Iowa pursuant to chapter 53, subchapter II. The board shall direct each institution to promptly return the completed forms to the state registrar of voters. DIVISION XI BALLOT ORDER Sec. 105. 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 -40- LSB 2230XC (9) 88 ss/jh 40/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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). (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 -41- LSB 2230XC (9) 88 ss/jh 41/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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 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 -42- LSB 2230XC (9) 88 ss/jh 42/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 for each precinct in the county voting in the election. Sec. 106. 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 XII MUNICIPAL ELECTIONS Sec. 107. 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. 108. 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 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 -43- LSB 2230XC (9) 88 ss/jh 43/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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. 109. 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. 110. 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 person. The frequency of meetings other than organizational -44- LSB 2230XC (9) 88 ss/jh 44/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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. 111. 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. 112. 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. -45- LSB 2230XC (9) 88 ss/jh 45/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Sec. 113. Section 279.1, subsection 1, Code 2019, is amended to read as follows: 1. The board of directors of each school corporation shall 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. 114. 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. 115. 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. 116. Section 376.7, Code 2019, is amended by adding the following new subsection: NEW SUBSECTION. 3. If the city holding a primary -46- LSB 2230XC (9) 88 ss/jh 46/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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. 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. 117. 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 -47- LSB 2230XC (9) 88 ss/jh 47/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 office in the regular city election, to the extent of twice the number of unfilled positions, are candidates in the runoff election. Sec. 118. 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: 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. EXPLANATION -48- LSB 2230XC (9) 88 ss/jh 48/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly. This bill relates to the conduct of elections. DIVISION I —— PROCEDURES FOR PROPOSED AMENDMENTS TO THE IOWA CONSTITUTION. This division of the bill relates to proposed amendments to the Iowa Constitution. The bill requires the legislative services agency to publish on its internet site a list of all propositions to amend the Constitution as they are filed. The bill also requires the agency to post and maintain separate lists of proposed amendments that have been passed by one general assembly and by two consecutive general assemblies. The bill provides that such publication shall satisfy the constitutional requirement that proposed amendments be published prior to the election of the second general assembly to pass the proposed amendment. The bill directs the secretary of state to endeavor to publish proposed amendments in two newspapers of general circulation but removes the requirement that the secretary do so. The bill allows the full text of a proposed constitutional amendment to be posted in the voting booth rather than on the ballot. The bill repeals a Code section explicitly granting a taxpayer the authority to intervene in an action to test the constitutionality of a proposed amendment to the Iowa Constitution. DIVISION II —— ISSUANCE OF BONDS. This division of the bill relates to the issuance of bonds. The bill requires a public measure to approve the issuance of bonds to include on the ballot the current property tax levy, the term of the bond, and the average increase or decrease in the cost of a home in each county voting on the bond, as well as the average of such averages, according to data provided by the United States census bureau. DIVISION III —— SELF-PROMOTION WITH TAXPAYER FUNDS. This division of the bill relates to the prohibition on using -49- LSB 2230XC (9) 88 ss/jh 49/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 taxpayer funds for self-promotion. The bill defines “direct mass mailing” for the purposes of the prohibition as a mailing the purpose of which is to promote a person or idea sent by a statewide elected official that is delivered by a mail service, sent to more than two hundred addresses, is substantially similar as regards each mailing, and all of which mailings are sent at the same time or within 30 days of each other. DIVISION IV —— HOSPITAL BOARD OF TRUSTEES ELECTIONS. This division relates to elections for hospital boards of trustees. The bill provides that trustees in a county with a population of at least 400,000 shall serve for terms 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. The bill allows a board of trustees to fill vacancies on the board through appointment at any time. Current law limits a board’s appointment powers to until the next general election. The bill provides for staggered terms of service for trustees elected in 2022. DIVISION V —— TECHNICAL CHANGES. This division of the bill relates to technical changes to the election laws of Iowa. The bill eliminates the second Tuesday in December as a possible date for a special election on a public measure in a school district or merged area in an even-numbered year. The bill also eliminates the first Tuesday in December as a possible date for a special election on a public measure in a city in an even-numbered year. The bill makes the false or fraudulent signing of nomination papers on behalf of another person and the misuse of voter registration information election misconduct in the second degree. Under current law, misuse of voter registration information is election misconduct in the third degree. A person who commits election misconduct in the second degree is guilty of an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. -50- LSB 2230XC (9) 88 ss/jh 50/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 The bill permits the state commissioner of elections to require a written explanation from a county commissioner who has been issued a notice of technical infraction. Such an explanation must contain measures the county commissioner took to redress the issues in the notice. The bill requires a person circulating a petition for nomination to include that person’s name, signature, address, and phone number. The bill also specifies that a signature line must contain a signer’s residential address. The bill prohibits a signature line from being counted if the signature line contains a partial address or a post office box address, or if any of the required information is crossed out or redacted at the time of filing. The bill requires nomination papers to be rejected if they do not contain information required by Code section 43.18 (affidavit of candidacy). The bill requires the state commissioner to issue a certificate of nomination to each county commissioner as soon as is practicable if a challenge to the nomination pursuant to section 43.24 is pending. Current law requires the state commissioner to issue such a certificate at least 69 days before a primary election. The bill permits objections to be filed to certificates of nomination for candidates to replace candidates who have died or withdrawn their nomination. The bill permits the state commissioner to examine election security assessments conducted or authorized by government or private entities. Such information retains its confidential status. The bill also permits the state commissioner to share information provided by a county to an appropriate government agency to safeguard against cybersecurity or physical threats and to adopt rules for minimum security standards to which county commissioners must adhere. The state commissioner may limit access to the statewide voter registration system if a county commissioner fails to meet these standards. The bill requires a county commissioner of elections -51- LSB 2230XC (9) 88 ss/jh 51/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 to report to the state commissioner of elections when the county commissioner believes that a cybersecurity incident or data breach has occurred. The bill also requires a county commissioner to report to the state commissioner on an annual basis if the county commissioner has no reason to believe that a cybersecurity incident or data breach has occurred. The bill requires the state registrar of voters to adopt rules regarding access to the statewide voter registration system and training requirements, technology safeguards, and breach incident response requirements. The bill extends the deadline by which voter registration forms must be submitted to voter registration agencies, motor vehicle driver’s license stations, and county treasurer’s offices participating in county issuance of driver’s licenses from 5:00 p.m. to 11:59 p.m. on the day registration closes for an election. The bill changes the time frame for the state commissioner of elections to send an acknowledgment of receipt of a voter registration form or change of information, if that form was submitted within 14 days of a regularly scheduled election, from within 7 days to within 48 hours. The bill requires county commissioners of elections to report temporary combinations of precincts to the state commissioner of elections at least 25 days before the next election for which the precinct will be active, or at least 10 days prior to an election held pursuant to Code section 69.14. The bill allows the state commissioner of elections to prescribe, and county commissioners of elections to place on ballots, uniform abbreviations for political parties and organizations. The bill allows abbreviations for the names of political parties and organizations to be used on the remainder of the ballot if the full name and abbreviation appear in the voter instruction portion of the ballot. The bill allows the state commissioner of elections to adopt rules to establish pilot programs related to post-election -52- LSB 2230XC (9) 88 ss/jh 52/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 audits. The bill requires the state commissioner of elections to adopt rules for the implementation of the absentee voting system. The bill moves the first day to mail absentee ballots to the first business day on which mail delivery is available following the 29th day before an election in the event that the United States post office is closed and not delivering mail on the 29th day before an election. The division takes effect upon enactment. DIVISION VI —— MISCELLANEOUS PROVISIONS. This division of the bill relates to various changes to the Code. The bill changes the rate of compensation for presidential electors from $5 per day to one-half of the per diem rate set by the federal general services administration. The bill changes the time at which the senate shall organize as a court of impeachment from forthwith after the hour of final adjournment to as soon as practicable. The bill also changes the rate of compensation for members serving on a court of impeachment to the same rate as for members serving in a special session of the general assembly if the general assembly is not in regular session. If the general assembly is in regular session, the bill provides that members shall receive no additional compensation. DIVISION VII —— NOMINATIONS BY PETITION. This division alters the number of signatures required for a person to obtain a nomination by petition. DIVISION VIII —— CONDUCT OF ELECTIONS. This division of the bill relates to the conduct of elections. The bill alters the list of possible dates for elections held by counties, cities, school districts, and merged areas. The bill provides that a person who holds an elective office and wins an election for a second office shall automatically vacate the first office if the person does not vacate one of the offices. -53- LSB 2230XC (9) 88 ss/jh 53/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 The bill prohibits a person who seeks the nomination of a political party for election to a certain office but loses the nomination from being eligible for election to that office in the next general election for that office. The bill requires a ballot to include the county seal and prohibits the commissioner’s name from appearing on the ballot unless the commissioner is a candidate. The bill alters the deadlines for filing a nomination petition, withdrawing a nomination, and filling a ballot vacancy. If a vacancy occurs on a ballot due to the death of a candidate after the date for filling a vacancy until the time the polls close on election day, the election for that office shall not be canvassed and the office shall be filled by a special election. The bill changes the filing deadline for nomination papers of persons seeking to be a nonparty political organization’s candidate for elected office. The bill changes the deadlines for filing nomination papers and objections to the same deadline that is applied to persons seeking to be a political party’s candidate for elected office. The bill prohibits a county commissioner of elections from participating in an absentee ballot drive or collection effort in cooperation with a candidate, candidate’s committee, political party, or nonparty political organization. The bill requires county commissioners of elections to ensure that each election precinct uses an electronic poll book by February 26, 2020. The bill moves the voter registration deadline for all elections other than general elections from 11 days before an election to 10 days before an election. The voter registration deadline for general elections is currently 10 days before the election. The bill does not affect election day voter registration. The bill allows the state commissioner of elections to oversee the activities of county commissioners of elections -54- LSB 2230XC (9) 88 ss/jh 54/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 during a period beginning 60 days prior to an election and ending 60 days after an election. The bill prohibits county commissioners of elections and the state commissioner of elections from distributing sample ballots to voters other than as required by the Code. The bill changes the circumstances under which and places at which a county commissioner of elections may create a satellite voting location. The bill requires the county commissioner of elections to remove or obscure from public view any material displaying the name of a candidate or elected official other than a ballot or sample ballot. The bill changes the closing time for polling places for state primary and general elections, and other partisan elections, and any other election held concurrently therewith from 9:00 p.m. to 8:00 p.m. The bill requires that the opening and closing times for polling places be placed on the internet site of the legislative services agency, voter identification cards, and property tax statements. The bill requires the state commissioner of elections to transmit a certified copy of a constitutional amendment or public measure and a sample ballot to each county commissioner of elections 63 days before an election at which a constitutional amendment or public measure is to be submitted to a vote of the entire people of the state. Current law requires such certified copies and sample ballots to be sent 69 days before the election. The bill requires any election other than a presidential election that results in a tie to go to a special election. A tied election for president shall result in the electors being split between the candidates. The bill allows a candidate requesting a recount to request the presence of a county commissioner of elections from another county at the recount. Such a commissioner may report any irregularities observed by the commissioner at any time after -55- LSB 2230XC (9) 88 ss/jh 55/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 the election to the state commissioner of elections. The bill requires a recount for an election other than a statewide election to include all precincts in which a ballot for the contested election was cast. The bill grants local law enforcement agencies and the state patrol the authority to take all reasonable actions to prevent violations of Code chapter 50 (canvass of votes). The bill requires a county commissioner of elections who receives an incomplete absentee ballot request to inform the applicant within 24 hours of receipt of the request by telephone or electronic mail if such information was provided, and by mail if such information was not provided. The bill prohibits a county commissioner of elections from using the voter registration system to obtain additional necessary information. The bill allows a county commissioner of elections to verify the identity of an applicant for an absentee ballot who cannot access the applicant’s voter verification number by asking for at least two of the following from the applicant: date of birth, the last four digits of the applicant’s social security number, residential address, mailing address, and middle name. The bill requires a county commissioner of elections to verify the identity of a person voting absentee in person in the same manner as a poll worker verifying the identity of a person voting at the polls on election day. The bill allows an unregistered person seeking to vote absentee at the office of a county commissioner of elections prior to the voter registration deadline who does not have an Iowa driver’s license, nonoperator’s identification card, or voter identification number to vote absentee by satisfying the voter identification requirements of Code section 49.78. The bill changes the process by which absentee ballots lacking a signature or appearing to have been signed by someone other than the registered voter are verified. If such a ballot is received by 5:00 p.m. on the Saturday before a -56- LSB 2230XC (9) 88 ss/jh 56/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 general election or by 5:00 p.m. on the Friday before any other election, the county commissioner of elections must contact the voter within 24 hours and inform the voter how to remediate the ballot. A ballot received after the applicable deadline is sent to the absentee and special voters precinct board for review. The absentee and special voters precinct board determines that the affidavit is incomplete, the commissioner shall inform the voter within 24 hours how the ballot may be remediated if the ballot lacks a signature or appears to have been signed by someone other than the registered voter. The bill alters the timeline for contesting a gubernatorial election and the makeup of a contest court for such a challenge. The bill requires that all absentee ballots be received prior to the time the polls close on election day. An absentee ballot received after this deadline shall not be counted. The bill prohibits a person from placing on any published material a name or abbreviation of a name intended to cause a voter to believe that the person represents a political party or nonparty political organization of which the person is not a candidate. The bill alters the timeline for holding a special election to fill a vacant office and prohibits a person who has ever been removed from office from being appointed to fill a vacancy. DIVISION IX —— CONFLICTS OF INTEREST. This division relates to interests in certain contracts held by certain county employees. The bill repeals the prohibition on elected or appointed county employees holding an interest in a contract for the construction, reconstruction, improvement, or maintenance of any highway, bridge, or culvert, or the furnishing of materials therefor. The bill requires a state or county official who is a voting member of a governmental entity responsible for awarding a contract pursuant to competitive bidding procedures and is the apparent low bidder -57- LSB 2230XC (9) 88 ss/jh 57/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 for the contract to abstain from voting to award the contract and include an explanation of the official’s conflict in the resolution entered pursuant to Code section 26.12. The division takes effect March 18, 2021. DIVISION X —— VOTER REGISTRATION. This division of the bill relates to voter registration. The bill instructs the state registrar of voters to develop a form to be distributed to and completed by each student graduating from a regents university prior to receiving a diploma. The student shall indicate on the form whether the student will reside in Iowa after graduation. Any student indicating that the student will reside outside Iowa after graduation shall be removed from the statewide voter registration system unless the student plans to vote in Iowa pursuant to Code chapter 53, subchapter II. The bill alters the process for removing inactive voter registration records. The bill requires a county commissioner of elections to, during the January immediately following each presidential election, mark as inactive the voter registration record of a voter who did not vote in the presidential election and who has not registered again, reported a change to an existing registration, and whose name was not reported by the national change of address program. The county commissioner shall also send a notice and return card to each such voter. The commissioner shall send a second notice in April to each person who does not respond to the first notice. The commissioner shall cancel the voter registration of a person who does not respond to a notice by July 1. The bill sets the cost of receiving a voter registration and participation report from the state registrar of voters at $250. Under current law, the state registrar of voters shall charge a person requesting such a report the cost of preparing the report. The bill requires each county commissioner of registration to submit a report on voter list maintenance activities annually to the state registrar of voters. The state registrar -58- LSB 2230XC (9) 88 ss/jh 58/59 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 of voters shall publish such reports on the internet site of the state registrar of voters. DIVISION XI —— BALLOT ORDER. This division relates to the order in which candidates appear on a ballot. The division requires county commissioners of elections to arrange ballots such that the candidates of the two political parties receiving the highest number of votes shall each appear first on the ballot for one gubernatorial election and one presidential election in an eight-year period. The candidates of a party appearing first on the ballot in half of the counties in Iowa shall appear second on the ballot in the other half of the counties. DIVISION XII —— MUNICIPAL ELECTIONS. This division of the bill makes technical changes to Code provisions relating to municipal elections. -59- LSB 2230XC (9) 88 ss/jh 59/59