Bill Text: IA HF246 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the technical administration of election and voter registration laws, including by making modifications to certain filing deadlines, preservation of certain records, elections to fill certain vacancies in office, absentee voting, voting systems, and ballot summaries. (Formerly HSB 21)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF246 Detail]
Download: Iowa-2013-HF246-Introduced.html
House
File
246
-
Introduced
HOUSE
FILE
246
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
21)
A
BILL
FOR
An
Act
relating
to
the
technical
administration
of
election
and
1
voter
registration
laws,
including
by
making
modifications
2
to
certain
filing
deadlines,
preservation
of
certain
3
records,
elections
to
fill
certain
vacancies
in
office,
4
absentee
voting,
voting
systems,
and
ballot
summaries.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
43.16,
Code
2013,
is
amended
to
read
as
1
follows:
2
43.16
Return
of
papers,
additions
not
allowed.
3
1.
After
a
nomination
paper
has
been
filed,
it
shall
not
4
be
returned
to
the
person
who
has
filed
the
paper,
nor
shall
5
any
signature
or
other
information
be
added
to
the
nomination
6
paper.
7
2.
a.
A
person
who
has
filed
nomination
petitions
with
the
8
state
commissioner
may
withdraw
as
a
candidate
not
later
than
9
5:00
p.m.
on
the
seventy-sixth
day
before
the
primary
election
10
by
notifying
the
state
commissioner
in
writing.
11
b.
A
person
who
has
filed
nomination
papers
with
the
12
commissioner
may
withdraw
as
a
candidate
not
later
than
5:00
13
p.m.
on
the
sixty-seventh
day
before
the
primary
election
by
14
notifying
the
commissioner
in
writing.
15
3.
The
name
of
a
candidate
who
has
withdrawn
or
died
at
a
16
time
in
accordance
with
this
section
shall
be
omitted
from
the
17
certificate
furnished
by
the
state
commissioner
under
section
18
43.22
and
omitted
from
the
primary
election
ballot.
19
Sec.
2.
Section
43.23,
Code
2013,
is
amended
to
read
as
20
follows:
21
43.23
Death
or
withdrawal
of
primary
candidate.
22
1.
If
a
person
who
has
filed
nomination
papers
with
the
23
state
commissioner
as
a
candidate
in
a
primary
election
dies
24
or
withdraws
up
to
before
5:00
p.m.
on
the
seventy-sixth
25
day
before
the
primary
election,
the
appropriate
convention
26
or
central
committee
of
that
person’s
political
party
may
27
designate
one
additional
primary
election
candidate
for
the
28
nomination
that
person
was
seeking,
if
the
designation
is
29
submitted
to
the
state
commissioner
in
writing
by
5:00
p.m.
on
30
the
seventy-first
day
before
the
date
of
the
primary
election.
31
The
name
of
any
candidate
so
submitted
shall
be
included
in
the
32
appropriate
certificate
or
certificates
furnished
by
the
state
33
commissioner
under
section
43.22
.
34
2.
If
a
person
who
has
filed
nomination
papers
with
the
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commissioner
as
a
candidate
in
a
primary
election
dies
or
1
withdraws
up
to
before
5:00
p.m.
on
the
sixty-seventh
day
2
before
the
primary
election,
the
appropriate
convention
3
or
central
committee
of
that
person’s
political
party
may
4
designate
one
additional
primary
election
candidate
for
the
5
nomination
that
person
was
seeking,
if
the
designation
is
6
submitted
to
the
commissioner
in
writing
by
5:00
p.m.
on
the
7
sixty-third
day
before
the
primary
election.
The
name
of
any
8
candidate
so
submitted
shall
be
placed
on
the
appropriate
9
ballot
or
ballots
by
the
commissioner.
10
Sec.
3.
Section
43.24,
subsection
1,
paragraph
b,
Code
2013,
11
is
amended
by
adding
the
following
new
subparagraph:
12
NEW
SUBPARAGRAPH
.
(03)
Objections
to
nominations
to
fill
13
vacancies
in
the
office
of
representative
in
Congress
at
a
14
special
election
held
under
section
69.14
shall
be
filed
with
15
the
state
commissioner
not
less
than
sixty
days
prior
to
the
16
date
set
for
the
special
election.
17
Sec.
4.
Section
43.24,
subsection
1,
paragraph
b,
18
subparagraph
(3),
Code
2013,
is
amended
to
read
as
follows:
19
(3)
Objections
to
nominations
to
fill
vacancies
in
the
20
general
assembly
at
a
special
election
held
under
section
21
69.14
,
under
which
the
forty-day
notice
of
election
provision
22
applies,
shall
be
filed
with
the
state
commissioner
not
less
23
than
fifteen
days
prior
to
the
date
set
for
the
special
24
election.
If
the
forty-day
notice
provision
does
not
apply,
25
objections
to
nominations
to
fill
vacancies
in
the
general
26
assembly
at
a
special
election
held
under
section
69.14
may
be
27
filed
any
time
prior
to
the
date
set
for
the
special
election.
28
Sec.
5.
Section
43.24,
subsection
1,
Code
2013,
is
amended
29
by
adding
the
following
new
paragraph:
30
NEW
PARAGRAPH
.
c.
Objections
filed
pursuant
to
this
section
31
shall
be
filed
no
later
than
5:00
p.m.
on
the
final
date
for
32
filing.
33
Sec.
6.
Section
43.24,
subsection
2,
paragraph
b,
Code
2013,
34
is
amended
to
read
as
follows:
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b.
If
an
objection
is
filed
to
a
nomination
to
fill
1
a
vacancy
in
the
general
assembly
at
a
special
election
2
held
under
section
69.14
,
under
which
the
forty-day
notice
3
of
election
provision
of
section
69.14
does
not
apply,
4
notice
of
the
objection
shall
be
made
to
the
candidate
by
5
the
state
commissioner
as
soon
as
practicable.
Under
this
6
paragraph,
failure
to
notify
a
candidate
of
an
objection
to
the
7
candidate’s
nomination
prior
to
the
date
set
for
the
special
8
election
does
not
invalidate
the
hearing
conducted
under
9
subsection
3
.
The
hearing
to
an
objection
shall
proceed
as
10
quickly
as
possible
to
expedite
the
special
election.
11
Sec.
7.
Section
43.72,
Code
2013,
is
amended
to
read
as
12
follows:
13
43.72
State
returns
filed
and
preserved.
14
When
the
canvass
is
concluded,
the
board
shall
deliver
15
the
original
abstract
returns
to
the
state
commissioner,
who
16
shall
file
the
returns
in
the
state
commissioner’s
office
and
17
preserve
the
abstracts
of
the
canvass
of
the
state
board
and
18
certificates
attached
thereto.
The
state
commissioner
may
19
preserve
the
abstracts
and
certificates
attached
thereto
in
an
20
electronic
format.
21
Sec.
8.
Section
43.88,
Code
2013,
is
amended
to
read
as
22
follows:
23
43.88
Certification
of
nominations.
24
1.
Nominations
made
by
state,
district,
and
county
25
conventions,
shall,
under
the
name,
place
of
residence,
and
26
post
office
address
of
the
nominee,
and
the
office
to
which
27
nominated,
and
the
name
of
the
political
party
making
the
28
nomination,
be
forthwith
certified
to
the
proper
officer
by
29
the
chairperson
and
secretary
of
the
convention,
or
by
the
30
committee,
as
the
case
may
be,
and
if
such
certificate
is
31
received
in
time,
the
names
of
such
nominees
shall
be
printed
32
on
the
official
ballot
the
same
as
if
the
nomination
had
been
33
made
in
the
primary
election.
34
2.
Nominations
made
to
fill
vacancies
in
the
office
of
35
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representative
in
Congress
shall
be
certified
to
the
state
1
commissioner
not
less
than
sixty-two
days
prior
to
the
date
set
2
for
the
special
election.
Nominations
made
to
fill
vacancies
3
in
other
offices
to
which
this
chapter
applies
at
a
special
4
election
shall
be
certified
to
the
proper
official
not
less
5
than
twenty-five
days
prior
to
the
date
set
for
the
special
6
election.
In
the
event
the
special
election
is
to
fill
a
7
vacancy
in
the
general
assembly
while
it
is
in
session
or
8
within
forty-five
days
of
the
convening
of
any
session,
the
9
nomination
shall
be
certified
not
less
than
fourteen
days
10
before
the
date
of
the
special
election.
11
3.
Nominations
certified
to
the
proper
official
under
this
12
section
shall
be
accompanied
by
an
affidavit
executed
by
the
13
nominee
in
substantially
the
form
required
by
section
43.67
.
14
Sec.
9.
Section
44.4,
subsection
1,
Code
2013,
is
amended
15
to
read
as
follows:
16
1.
Nominations
made
pursuant
to
this
chapter
and
chapter
17
45
which
are
required
to
be
filed
in
the
office
of
the
state
18
commissioner
shall
be
filed
in
that
office
not
more
than
19
ninety-nine
days
nor
later
than
5:00
p.m.
on
the
eighty-first
20
day
before
the
date
of
the
general
election
to
be
held
in
21
November.
Nominations
made
for
a
special
election
called
22
pursuant
to
section
69.14
to
fill
vacancies
in
the
general
23
assembly
shall
be
filed
by
5:00
p.m.
not
less
than
twenty-five
24
days
before
the
date
of
an
election
called
upon
at
least
25
forty
days’
notice
and
not
less
than
fourteen
days
before
26
the
date
of
an
election
called
upon
at
least
eighteen
days’
27
notice.
Nominations
made
to
fill
vacancies
in
the
office
of
28
representatives
in
Congress
at
a
special
election
shall
be
29
certified
to
the
state
commissioner
not
less
than
sixty-two
30
days
prior
to
the
date
set
for
the
special
election.
31
Nominations
made
for
a
special
election
called
pursuant
to
32
section
69.14A
shall
be
filed
by
5:00
p.m.
not
less
than
33
twenty-five
days
before
the
date
of
the
election.
Nominations
34
made
pursuant
to
this
chapter
and
chapter
45
which
are
required
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to
be
filed
in
the
office
of
the
commissioner
shall
be
filed
1
in
that
office
not
more
than
ninety-two
days
nor
later
than
2
5:00
p.m.
on
the
sixty-ninth
day
before
the
date
of
the
general
3
election.
Nominations
made
pursuant
to
this
chapter
or
chapter
4
45
for
city
office
shall
be
filed
not
more
than
seventy-two
5
days
nor
later
than
5:00
p.m.
on
the
forty-seventh
day
before
6
the
city
election
with
the
city
clerk,
who
shall
process
them
7
as
provided
by
law.
8
Sec.
10.
Section
44.4,
subsection
2,
paragraph
a,
Code
2013,
9
is
amended
by
adding
the
following
new
subparagraphs:
10
NEW
SUBPARAGRAPH
.
(03)
Objections
to
nominations
to
fill
11
a
vacancy
in
the
office
of
representative
in
Congress
at
a
12
special
election
held
under
section
69.14
shall
be
filed
with
13
the
state
commissioner
not
less
than
sixty
days
prior
to
the
14
date
set
for
the
special
election.
15
NEW
SUBPARAGRAPH
.
(003)
Objections
to
nominations
to
16
fill
a
vacancy
in
the
general
assembly
at
a
special
election
17
held
under
section
69.14,
under
which
the
forty-day
notice
18
of
election
provision
applies,
shall
be
filed
with
the
state
19
commissioner
not
less
than
fifteen
days
prior
to
the
date
set
20
for
the
special
election.
If
the
forty-day
notice
provision
21
does
not
apply,
objections
to
nominations
to
fill
vacancies
at
22
a
special
election
held
under
section
69.14
may
be
filed
no
23
later
than
the
day
before
the
special
election.
24
Sec.
11.
Section
48A.30,
subsection
1,
paragraph
a,
Code
25
2013,
is
amended
to
read
as
follows:
26
a.
The
registered
voter
dies.
For
the
purposes
of
this
27
subsection
,
the
commissioner
may
accept
as
evidence
of
death
a
28
notice
from
the
state
registrar
of
vital
statistics
forwarded
29
by
the
state
registrar
of
voters,
a
written
statement
from
a
30
member
of
the
registered
voter’s
household,
an
obituary
in
a
31
newspaper,
an
obituary
posted
on
a
funeral
home
internet
site,
32
a
written
statement
from
an
election
official,
or
a
notice
from
33
the
county
recorder
of
the
county
where
the
registered
voter
34
died.
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Sec.
12.
Section
48A.32,
Code
2013,
is
amended
to
read
as
1
follows:
2
48A.32
Destruction
or
removal
of
canceled
voter
registration
3
records.
4
Twenty-two
months
after
the
next
general
election
following
5
the
cancellation
of
a
person’s
voter
registration
or
twenty-two
6
months
after
receipt
of
an
incomplete
voter
registration
7
application
,
the
commissioner
may
destroy
all
records
of
that
8
person’s
registration
,
including
electronic
records
.
At
the
9
discretion
of
the
commissioner,
canceled
records
may
be
donated
10
to
a
historical
society
if
all
confidential
information
has
11
been
removed
from
the
records.
12
Sec.
13.
Section
49.45,
Code
2013,
is
amended
to
read
as
13
follows:
14
49.45
General
form
of
ballot.
15
Ballots
referred
to
in
section
49.43
shall
be
substantially
16
in
one
of
the
following
form
forms
:
17
Shall
the
following
amendment
to
the
Constitution
(or
public
18
measure)
be
adopted?
19
☐
Yes
20
☐
No
21
(Here
insert
the
summary,
if
it
is
for
a
constitutional
22
amendment
or
statewide
public
measure,
and
in
full
the
proposed
23
constitutional
amendment
or
public
measure.
The
number
24
assigned
by
the
state
commissioner
or
the
letter
assigned
25
by
the
county
commissioner
shall
be
included
on
the
ballot
26
centered
above
the
question,
“Shall
the
following
amendment
to
27
the
Constitution
[or
public
measure]
be
adopted?”.)
28
Shall
the
following
amendment
to
the
Constitution
(or
public
29
measure)
be
adopted?
30
(Here
insert
the
summary,
if
it
is
for
a
constitutional
31
amendment
or
statewide
public
measure,
and
in
full
the
proposed
32
constitutional
amendment
or
public
measure.
The
number
33
assigned
by
the
state
commissioner
or
the
letter
assigned
34
by
the
county
commissioner
shall
be
included
on
the
ballot
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centered
above
the
question,
“Shall
the
following
amendment
to
1
the
Constitution
[or
public
measure]
be
adopted?”.)
2
☐
Yes
3
☐
No
4
Sec.
14.
Section
50.15A,
Code
2013,
is
amended
to
read
as
5
follows:
6
50.15A
Unofficial
results
of
voting
——
general
election
only
.
7
1.
In
order
to
provide
the
public
with
an
early
source
8
of
election
results
before
the
official
canvass
of
votes,
9
the
state
commissioner
of
elections,
in
cooperation
with
10
the
commissioners
of
elections,
shall
conduct
an
unofficial
11
canvass
of
election
results
following
the
closing
of
the
12
polls
on
the
day
of
a
primary
election,
general
election
,
13
or
special
election
under
section
69.14
.
The
unofficial
14
canvass
shall
report
election
results
for
national
offices,
15
statewide
offices,
the
office
of
state
representative,
the
16
office
of
state
senator,
and
other
offices
or
public
measures
17
at
the
discretion
of
the
state
commissioner
of
elections.
18
The
unofficial
canvass
shall
also
report
the
total
number
of
19
ballots
cast
at
the
primary
election,
general
election
,
or
20
special
election
under
section
69.14
.
21
2.
a.
After
the
polls
close
on
election
day
for
a
primary
22
election,
general
election,
or
special
election
under
section
23
69.14
,
the
commissioner
of
elections
shall
periodically
provide
24
election
results
to
the
state
commissioner
of
elections
as
25
the
precincts
in
the
county
report
election
results
to
the
26
commissioner
pursuant
to
section
50.11
.
If
the
commissioner
27
has
access
to
the
vote
tabulating
software
necessary
to
produce
28
the
election
results
in
an
electronic
format,
the
commissioner
29
shall
provide
the
election
results
required
by
this
section
in
30
an
electronic
format.
If
the
commissioner
determines
that
all
31
precincts
will
not
report
election
results
before
the
office
is
32
closed,
the
commissioner
shall
report
the
most
complete
results
33
available
prior
to
leaving
the
office
at
the
time
the
office
is
34
closed
as
provided
in
section
50.11
.
The
commissioner
shall
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specify
the
number
of
precincts
included
in
the
report
to
the
1
state
commissioner
of
elections.
2
b.
The
state
commissioner
of
elections
shall
tabulate
3
unofficial
election
results
as
the
results
are
received
from
4
the
commissioners
of
elections
and
shall
periodically
make
the
5
reports
of
the
results
available
to
the
public.
6
3.
Before
the
day
of
the
primary
election,
general
election,
7
or
special
election
under
section
69.14,
the
state
commissioner
8
of
elections
shall
provide
a
form
and
instructions
for
9
reporting
unofficial
election
results
pursuant
to
this
section
.
10
Sec.
15.
Section
50.48,
subsection
1,
paragraph
b,
Code
11
2013,
is
amended
to
read
as
follows:
12
b.
Immediately
upon
receipt
of
a
request
for
a
recount,
13
the
commissioner
shall
send
a
copy
of
the
request
to
the
14
apparent
winner
by
certified
mail.
The
commissioner
shall
15
also
attempt
to
contact
the
apparent
winner
by
telephone.
16
If
the
apparent
winner
cannot
be
reached
within
four
days,
17
the
chairperson
of
the
political
party
or
organization
which
18
nominated
the
apparent
winner
shall
be
contacted
or,
in
the
19
case
of
an
election
for
a
nonpartisan
office,
the
entity
or
20
officer
responsible
for
making
an
appointment
to
fill
a
vacancy
21
in
the
office
shall
be
contacted
and
shall
act
on
behalf
of
the
22
apparent
winner,
if
necessary.
For
On
behalf
of
candidates
for
23
partisan
state
or
federal
offices,
the
chairperson
of
the
state
24
party
shall
be
contacted.
For
On
behalf
of
candidates
for
25
partisan
county
offices,
the
county
chairperson
of
the
party
26
shall
be
contacted.
27
Sec.
16.
Section
52.5,
subsection
2,
Code
2013,
is
amended
28
to
read
as
follows:
29
2.
The
state
commissioner
shall
formulate,
with
the
advice
30
and
assistance
of
the
examiners,
and
adopt
rules
governing
the
31
testing
and
examination
of
any
optical
scan
voting
system
by
32
the
board
of
examiners.
The
rules
shall
prescribe
the
method
33
to
be
used
in
determining
whether
the
system
is
suitable
for
34
use
within
the
state
and
performance
standards
for
voting
35
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equipment
in
use
within
the
state.
The
rules
shall
provide
1
that
all
optical
scan
voting
systems
approved
for
use
by
the
2
examiners
after
April
9,
2003,
shall
meet
voting
systems
3
performance
and
test
standards,
as
adopted
by
the
federal
4
election
commission
on
April
30,
2002,
and
pursuant
to
the
5
provisions
of
or
as
deemed
adopted
by
Pub.
L.
No.
107-252,
6
§
222.
The
rules
shall
include
standards
for
determining
when
7
recertification
is
necessary
following
modifications
to
the
8
equipment
or
to
the
programs
used
in
tabulating
votes,
and
a
9
procedure
for
rescinding
certification
if
a
system
is
found
10
not
to
comply
with
performance
standards
adopted
by
the
state
11
commissioner.
12
Sec.
17.
Section
53.18,
subsection
2,
Code
2013,
is
amended
13
to
read
as
follows:
14
2.
If
the
commissioner
receives
the
return
envelope
15
containing
the
completed
absentee
ballot
by
5:00
p.m.
on
the
16
Saturday
before
the
election
for
general
and
primary
elections
17
and
by
5:00
p.m.
on
the
Friday
before
the
election
for
all
18
other
elections,
the
commissioner
shall
open
the
envelope
to
19
review
the
affidavit
for
completeness.
If
the
affidavit
is
20
incomplete,
the
commissioner
shall,
within
twenty-four
hours
of
21
the
time
the
envelope
was
received,
notify
the
voter
of
that
22
fact
and
that
the
voter
may
complete
the
affidavit
in
person
23
at
the
office
of
the
commissioner
by
5:00
p.m.
on
the
day
24
before
the
election,
or
in
the
case
of
an
election
at
which
the
25
polls
open
at
noon
on
election
day,
by
10:00
a.m.
on
the
date
26
of
the
election,
vote
a
replacement
ballot
in
the
manner
and
27
within
the
time
period
provided
in
subsection
3
,
or
appear
at
28
the
voter’s
precinct
polling
place
on
election
day
and
cast
a
29
ballot
in
accordance
with
section
53.19,
subsection
3
.
30
Sec.
18.
Section
53.30,
Code
2013,
is
amended
to
read
as
31
follows:
32
53.30
Ballots,
ballot
envelopes,
and
other
information
33
preserved.
34
At
the
conclusion
of
each
meeting
of
the
absentee
and
special
35
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voter’s
precinct
board,
the
board
shall
securely
seal
all
1
ballots
counted
by
them
in
the
manner
prescribed
in
section
2
50.12
.
The
ballot
envelopes,
including
the
envelope
having
the
3
registered
voter’s
affidavit
on
it,
the
return
envelope,
and
4
secrecy
envelope
bearing
the
signatures
of
precinct
election
5
officials
,
as
required
by
section
53.23
,
shall
be
preserved.
6
All
applications
for
absentee
ballots,
ballots
rejected
without
7
being
opened,
absentee
ballot
logs,
and
any
other
documents
8
pertaining
to
the
absentee
ballot
process
shall
be
preserved
9
until
such
time
as
the
documents
may
be
destroyed
pursuant
to
10
section
50.19
.
11
Sec.
19.
Section
53.39,
subsection
2,
Code
2013,
is
amended
12
to
read
as
follows:
13
2.
All
official
ballots
to
be
voted
by
qualified
absent
14
voters
in
the
armed
forces
of
the
United
States
at
the
primary
15
election
,
and
the
general
election
,
and
special
elections
for
16
representative
in
Congress
shall
be
printed
prior
to
forty-five
17
days
before
the
respective
elections
and
shall
be
available
for
18
transmittal
to
such
qualified
voters
in
the
armed
forces
of
the
19
United
States
at
least
forty-five
days
before
the
respective
20
elections.
The
provisions
of
this
chapter
apply
to
absent
21
voting
by
qualified
voters
in
the
armed
forces
of
the
United
22
States
except
as
modified
by
the
provisions
of
this
division
.
23
Sec.
20.
Section
53.40,
subsection
2,
Code
2013,
is
amended
24
to
read
as
follows:
25
2.
The
commissioner
shall
immediately
on
after
the
ballots
26
are
available
and
no
later
than
the
forty-fifth
day
prior
to
27
the
particular
primary
election,
general
election,
or
special
28
election
for
representative
in
Congress
transmit
ballots
to
29
the
voter
by
mail
or
otherwise,
postage
prepaid,
as
directed
30
by
the
state
commissioner,
requests
for
which
are
in
the
31
commissioner’s
hands
at
that
time,
and
thereafter
so
transmit
32
ballots
immediately
upon
receipt
of
requests.
A
request
for
33
ballot
for
the
primary
election
which
does
not
state
the
party
34
affiliation
of
the
voter
making
the
request
is
void
and
of
no
35
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effect.
A
request
which
does
not
show
that
the
person
for
whom
1
a
ballot
is
requested
will
be
a
qualified
voter
in
the
precinct
2
in
which
the
ballot
is
to
be
cast
on
the
day
of
the
election
for
3
which
the
ballot
is
requested,
shall
not
be
honored.
However,
4
a
request
which
states
the
age
and
the
city,
including
street
5
address,
and
county
where
the
voter
resides
is
sufficient
to
6
show
that
the
person
is
a
qualified
voter.
A
request
by
the
7
voter
containing
substantially
the
information
required
is
8
sufficient.
9
Sec.
21.
Section
53.47,
Code
2013,
is
amended
to
read
as
10
follows:
11
53.47
Materials
furnished
by
department
of
administrative
12
services
state
commissioner
.
13
1.
In
order
to
establish
uniformity
in
size,
weight
14
and
other
characteristics
of
the
ballot
and
facilitate
its
15
distribution
and
return,
the
department
of
administrative
16
services
shall
upon
direction
of
the
state
commissioner
17
shall
purchase
any
material
needed
for
any
special
ballots,
18
envelopes
,
and
other
printed
matter,
and
sell
any
such
19
materials
to
the
several
counties
of
the
state
at
cost
plus
20
handling
and
transportation
costs.
21
2.
There
is
hereby
appropriated
to
the
department
of
22
administrative
services
state
commissioner
from
the
general
23
fund
of
the
state
such
sums
as
may
be
necessary
to
purchase
24
any
materials
provided
for
herein.
The
proceeds
from
sale
of
25
such
materials
to
counties
shall
be
turned
into
the
general
26
fund
of
the
state
upon
receipt
of
same
by
the
department
of
27
administrative
services
state
commissioner
.
28
Sec.
22.
Section
69.14,
Code
2013,
is
amended
to
read
as
29
follows:
30
69.14
Special
election
to
fill
vacancies.
31
A
special
election
to
fill
a
vacancy
shall
be
held
for
a
32
representative
in
Congress,
or
senator
or
representative
in
the
33
general
assembly,
when
the
body
in
which
such
vacancy
exists
is
34
in
session,
or
will
convene
prior
to
the
next
general
election
,
35
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and
the
.
The
governor
shall
order,
not
later
than
five
days
1
from
the
date
the
vacancy
exists,
a
special
election,
giving
2
not
less
than
seventy-six
days’
notice
of
such
election
to
3
fill
a
vacancy
in
the
office
of
representative
in
Congress
or
4
forty
days’
notice
of
such
election
to
fill
a
vacancy
in
the
5
office
of
senator
or
representative
in
the
general
assembly
.
6
In
the
event
the
special
election
is
to
fill
a
vacancy
in
the
7
general
assembly
while
it
is
in
session
or
within
forty-five
8
days
of
the
convening
of
any
session,
the
time
limit
provided
9
in
this
section
shall
not
apply
and
the
governor
shall
order
10
such
special
election
at
the
earliest
practical
time,
giving
11
at
least
eighteen
days’
notice
of
the
special
election.
Any
12
special
election
called
under
this
section
must
be
held
on
13
a
Tuesday
and
shall
not
be
held
on
the
same
day
as
a
school
14
election
within
the
district.
15
Sec.
23.
Section
69.14A,
subsection
1,
paragraph
a,
16
subparagraph
(1),
Code
2013,
is
amended
to
read
as
follows:
17
(1)
The
appointment
shall
be
for
the
period
until
the
next
18
pending
election
as
defined
in
section
69.12
,
and
shall
be
19
made
within
forty
sixty
days
after
the
vacancy
occurs.
If
the
20
committee
of
county
officers
designated
to
fill
the
vacancy
21
chooses
to
proceed
under
this
paragraph,
the
committee
shall
22
publish
notice
in
the
manner
prescribed
by
section
331.305
23
stating
that
the
committee
intends
to
fill
the
vacancy
by
24
appointment
but
that
the
electors
of
the
district
or
county,
25
as
the
case
may
be,
have
the
right
to
file
a
petition
requiring
26
that
the
vacancy
be
filled
by
special
election.
The
committee
27
may
publish
notice
in
advance
if
an
elected
official
submits
28
a
resignation
to
take
effect
at
a
future
date.
The
committee
29
may
make
an
appointment
to
fill
the
vacancy
after
the
notice
is
30
published
or
after
the
vacancy
occurs,
whichever
is
later.
A
31
person
appointed
to
an
office
under
this
subsection
shall
have
32
actually
resided
in
the
county
which
the
appointee
represents
33
sixty
days
prior
to
appointment.
34
Sec.
24.
Section
69.14A,
subsection
2,
paragraph
a,
35
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subparagraph
(1),
Code
2013,
is
amended
to
read
as
follows:
1
(1)
The
appointment
shall
be
for
the
period
until
the
next
2
pending
election
as
defined
in
section
69.12
,
and
shall
be
made
3
within
forty
sixty
days
after
the
vacancy
occurs.
If
the
board
4
of
supervisors
chooses
to
proceed
under
this
paragraph,
the
5
board
shall
publish
notice
in
the
manner
prescribed
by
section
6
331.305
stating
that
the
board
intends
to
fill
the
vacancy
7
by
appointment
but
that
the
electors
of
the
county
have
the
8
right
to
file
a
petition
requiring
that
the
vacancy
be
filled
9
by
special
election.
The
board
may
publish
notice
in
advance
10
if
an
elected
official
submits
a
resignation
to
take
effect
11
at
a
future
date.
The
board
may
make
an
appointment
to
fill
12
the
vacancy
after
the
notice
is
published
or
after
the
vacancy
13
occurs,
whichever
is
later.
A
person
appointed
to
an
office
14
under
this
subsection
,
except
for
a
county
attorney,
shall
have
15
actually
resided
in
the
county
which
the
appointee
represents
16
sixty
days
prior
to
appointment.
A
person
appointed
to
the
17
office
of
county
attorney
shall
be
a
resident
of
the
county
at
18
the
time
of
appointment.
19
Sec.
25.
Section
372.13,
subsection
2,
paragraph
a,
Code
20
2013,
is
amended
to
read
as
follows:
21
a.
(1)
By
appointment
by
the
remaining
members
of
the
22
council,
except
that
if
the
remaining
members
do
not
constitute
23
a
quorum
of
the
full
membership,
paragraph
“b”
shall
be
24
followed.
The
appointment
shall
be
made
within
sixty
days
25
after
the
vacancy
occurs
and
shall
be
for
the
period
until
the
26
next
pending
election
as
defined
in
section
69.12
,
and
shall
27
be
made
within
forty
days
after
the
vacancy
occurs
regular
28
city
election
described
in
section
376.1,
unless
there
is
an
29
intervening
special
election
in
that
city,
in
which
event
the
30
election
for
the
office
shall
be
placed
on
the
ballot
at
such
31
special
election
.
32
(2)
If
the
council
chooses
to
proceed
under
this
paragraph,
33
it
shall
publish
notice
in
the
manner
prescribed
by
section
34
362.3
,
stating
that
the
council
intends
to
fill
the
vacancy
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by
appointment
but
that
the
electors
of
the
city
or
ward,
as
1
the
case
may
be,
have
the
right
to
file
a
petition
requiring
2
that
the
vacancy
be
filled
by
a
special
election.
The
council
3
may
publish
notice
in
advance
if
an
elected
official
submits
4
a
resignation
to
take
effect
at
a
future
date.
The
council
5
may
make
an
appointment
to
fill
the
vacancy
after
the
notice
6
is
published
or
after
the
vacancy
occurs,
whichever
is
later.
7
However,
if
within
fourteen
days
after
publication
of
the
8
notice
or
within
fourteen
days
after
the
appointment
is
made,
9
there
is
filed
with
the
city
clerk
a
petition
which
requests
a
10
special
election
to
fill
the
vacancy,
an
appointment
to
fill
11
the
vacancy
is
temporary
and
the
council
shall
call
a
special
12
election
to
fill
the
vacancy
permanently,
under
paragraph
“b”
.
13
The
number
of
signatures
of
eligible
electors
of
a
city
for
a
14
valid
petition
shall
be
determined
as
follows:
15
(1)
(a)
For
a
city
with
a
population
of
ten
thousand
or
16
less,
at
least
two
hundred
signatures
or
at
least
the
number
of
17
signatures
equal
to
fifteen
percent
of
the
voters
who
voted
for
18
candidates
for
the
office
at
the
preceding
regular
election
at
19
which
the
office
was
on
the
ballot,
whichever
number
is
fewer.
20
(2)
(b)
For
a
city
with
a
population
of
more
than
ten
21
thousand
but
not
more
than
fifty
thousand,
at
least
one
22
thousand
signatures
or
at
least
the
number
of
signatures
equal
23
to
fifteen
percent
of
the
voters
who
voted
for
candidates
for
24
the
office
at
the
preceding
regular
election
at
which
the
25
office
was
on
the
ballot,
whichever
number
is
fewer.
26
(3)
(c)
For
a
city
with
a
population
of
more
than
fifty
27
thousand,
at
least
two
thousand
signatures
or
at
least
the
28
number
of
signatures
equal
to
ten
percent
of
the
voters
who
29
voted
for
candidates
for
the
office
at
the
preceding
regular
30
election
at
which
the
office
was
on
the
ballot,
whichever
31
number
is
fewer.
32
(4)
(d)
The
minimum
number
of
signatures
for
a
valid
33
petition
pursuant
to
subparagraphs
(1)
subparagraph
divisions
34
(a)
through
(3)
(c)
shall
not
be
fewer
than
ten.
In
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determining
the
minimum
number
of
signatures
required,
if
at
1
the
last
preceding
election
more
than
one
position
was
to
be
2
filled
for
the
office
in
which
the
vacancy
exists,
the
number
3
of
voters
who
voted
for
candidates
for
the
office
shall
be
4
determined
by
dividing
the
total
number
of
votes
cast
for
the
5
office
by
the
number
of
seats
to
be
filled.
6
Sec.
26.
EFFECTIVE
UPON
ENACTMENT.
The
following
7
provision
or
provisions
of
this
Act,
being
deemed
of
immediate
8
importance,
take
effect
upon
enactment:
9
1.
The
section
of
this
Act
amending
section
43.24,
10
subsection
1,
paragraph
“b”.
11
2.
The
section
of
this
Act
amending
section
43.24,
12
subsection
2,
paragraph
“b”.
13
3.
The
section
of
this
Act
amending
section
43.88.
14
4.
The
section
of
this
Act
amending
section
44.4,
subsection
15
1.
16
5.
The
section
of
this
Act
amending
section
44.4,
subsection
17
2,
paragraph
“a”.
18
6.
The
section
of
this
Act
amending
section
53.39,
19
subsection
2.
20
7.
The
section
of
this
Act
amending
section
53.40,
21
subsection
2.
22
8.
The
section
of
this
Act
amending
section
69.14.
23
EXPLANATION
24
This
bill
relates
to
the
technical
administration
of
25
election
and
voter
registration
laws
generally.
26
The
bill
amends
Code
section
43.16,
relating
to
withdrawal
27
of
a
primary
election
candidate,
and
Code
section
43.23,
28
relating
to
replacement
of
a
primary
election
candidate
who
29
has
withdrawn
or
died,
to
add
the
clock
time
of
5:00
p.m.
to
30
the
current
deadline
dates.
The
bill
also
amends
Code
section
31
43.24,
relating
to
filing
objections
to
primary
election
32
nominations,
to
add
the
clock
time
of
5:00
p.m.
to
the
current
33
deadline
dates.
34
The
bill
amends
Code
section
43.72
to
specify
that
the
state
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commissioner
of
elections
has
the
authority
to
electronically
1
preserve
certain
abstracts
and
certificates
from
primary
2
elections.
3
The
bill
amends
Code
section
48A.30
to
provide
that
in
4
canceling
the
registration
of
a
registered
voter,
a
county
5
commissioner
of
elections
may
accept
an
obituary
posted
on
a
6
funeral
home
internet
site
as
evidence
of
death.
7
The
bill
amends
Code
section
48A.32
to
allow
a
county
8
commissioner
of
elections,
following
receipt
of
a
person’s
9
incomplete
voter
registration
application,
to
destroy
all
10
records
and
electronic
records
of
that
person’s
registration
22
11
months
after
the
next
general
election.
The
Code
section
is
12
also
amended
to
specify
that
a
county
commissioner
of
elections
13
may
destroy
the
electronic
records
of
canceled
registrations.
14
The
bill
amends
Code
section
49.45
to
allow
ballots
for
15
constitutional
amendments
and
other
public
measures
to
be
16
published
in
one
of
two
forms.
17
The
bill
amends
Code
section
50.15A
to
require
that
a
18
county
commissioner
of
elections
provide
unofficial
election
19
results
to
the
state
commissioner
of
elections
for,
and
that
20
the
state
commissioner
provide
certain
materials
to
the
county
21
commissioners
in
advance
of,
all
primary
elections
and
special
22
elections
to
fill
vacancies
in
the
general
assembly
or
office
23
of
representative
in
Congress.
Current
law
already
requires
24
that
county
commissioners
provide
such
results
and
materials
25
for
general
elections.
The
bill
also
requires
that
for
a
26
primary
election,
general
election,
or
special
election
to
fill
27
vacancies
in
the
general
assembly
or
office
of
representative
28
in
Congress,
a
county
commissioner
of
elections
provide
the
29
state
commissioner
of
elections
with
election
results
in
an
30
electronic
format
if
the
county
commissioner
has
access
to
the
31
vote
tabulating
software
necessary
to
produce
the
results
in
an
32
electronic
format.
33
The
bill
amends
Code
section
50.48
to
require
that
in
the
34
case
of
a
recount
of
an
election
for
a
nonpartisan
office,
if
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the
apparent
winner
cannot
be
reached
within
four
days
after
1
receipt
of
a
request
for
a
recount,
the
county
commissioner
of
2
elections
shall
contact
the
entity
or
officer
responsible
for
3
making
an
appointment
to
a
vacancy
in
the
nonpartisan
office.
4
The
bill
amends
Code
section
52.5,
relating
to
the
testing
5
and
examination
of
voting
equipment,
to
remove
a
reference
to
6
specific
performing
and
test
standards
adopted
by
the
federal
7
election
commission
on
April
30,
2002,
but
to
maintain
a
8
reference
to
the
adoption
of
such
standards
pursuant
to
Pub.
9
L.
No.
107-252,
§
222.
10
The
bill
amends
Code
section
53.18
which
requires
that
11
a
county
commissioner
of
elections
notify
a
voter
that
the
12
voter
is
allowed
the
opportunity
to
complete
an
affidavit,
13
if
the
affidavit
that
accompanies
the
absentee
ballot
is
14
incomplete,
within
24
hours
of
the
county
commissioner
15
receiving
the
absentee
ballot.
The
bill
requires
that
the
16
county
commissioner
notify
such
a
voter
by
10:00
a.m.
on
the
17
date
of
the
election
in
the
case
of
an
election
at
which
the
18
polls
open
at
noon.
19
The
bill
amends
Code
section
53.30
to
remove
a
reference
to
20
a
requirement
that
precinct
election
officials
sign
the
secrecy
21
envelopes
that
are
included
with
absentee
ballots.
That
22
requirement
was
repealed
in
2008.
23
The
bill
amends
Code
section
53.47,
relating
to
military
24
and
overseas
voters,
to
require
that
the
state
commissioner
25
of
elections
purchase
any
materials
needed
for
any
special
26
ballots,
envelopes,
and
other
printed
materials,
and
sell
such
27
materials
to
the
several
counties
of
the
state.
Current
law
28
requires
that
the
department
of
administrative
services
conduct
29
these
functions
at
the
direction
of
the
state
commissioner
of
30
elections.
The
bill
also
directs
general
funds
appropriated
31
for
these
purposes
to
the
state
commissioner
of
elections
32
instead
of
to
the
department
of
administrative
services.
33
In
order
to
comply
with
the
provisions
of
the
2009
Military
34
and
Overseas
Voter
Empowerment
Act,
the
bill
amends
Code
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section
69.14
to
provide
that
for
vacancies
in
the
office
1
of
representative
in
Congress
the
governor
shall
give
not
2
less
than
76
days’
notice,
rather
than
40
days’
notice,
of
3
the
special
election
to
fill
the
vacancy.
The
bill
makes
4
corresponding
changes
to
Code
section
43.24,
relating
to
5
deadlines
for
filing
objections,
and
to
Code
section
43.88,
6
relating
to
the
deadline
for
filing
nomination
petitions.
The
7
bill
makes
corresponding
changes
to
Code
section
44.4,
relating
8
to
deadlines
for
nominations
made
by
nonparty
political
9
organizations
to
fill
a
vacancy
for
representatives
in
Congress
10
or
the
general
assembly
and
objections
to
those
nominations.
11
The
bill
also
makes
corresponding
amendments
to
Code
sections
12
53.39
and
53.40
to
add
special
elections
for
representative
in
13
Congress
to
provisions
relating
to
availability
of
ballots
for
14
qualified
voters
in
the
armed
forces.
These
provisions
of
the
15
bill
take
effect
upon
enactment.
16
The
bill
requires
that
certain
appointments
for
elective
17
county
and
city
office
be
made
within
60
days
of
a
vacancy
18
occurring
in
the
elective
office.
The
bill
requires
that
if
19
a
vacancy
in
an
elective
city
office
is
filled
by
appointment
20
of
the
remaining
members
of
the
city
council,
that
such
21
appointment
be
for
the
period
until
the
next
general
election
22
for
a
city,
as
described
in
the
bill,
or
the
next
regular
city
23
election,
as
defined
in
statute.
If,
however,
there
is
an
24
intervening
special
election
in
that
city,
then
the
election
25
for
the
office
shall
be
placed
on
the
ballot
at
the
special
26
election.
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