Amendment vs bill Amendment S-5053 vs Introduced

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Senate File 2287 - Introduced SENATE FILE 2287 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3078) A BILL FOR An Act relating to the conduct of elections.
Senate File 2287 S-5053 Amend Senate File 2287 as follows:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1.
TLSB 5495SV (1) 91 ss/ns S.F.
By striking everything after the enacting clause and inserting:
2287 DIVISION I ELECTION MISCONDUCT —— INVESTIGATION Section 1.
<DIVISION I ELECTION MISCONDUCT —— INVESTIGATION Section 1.
NEW SUBSECTION.
NEW SUBSECTION .
A recount for any public measure shall be ordered by the board of canvassers if a petition requesting a recount is filed with the state commissioner for a public measure voted on by the electors of the entire state, or the county commissioner for all other public measures, not later than three days after LSB 5495SV (1) 91 -1- ss/ns 1/13 S.F.
A recount for any public measure shall be ordered by the board of canvassers if a petition requesting a recount is filed SF 2287.3052 (2) 91 (amending this SF 2287 to CONFORM to HF 2501) ss/ns 1/16 -1- with the state commissioner for a public measure voted on by the electors of the entire state, or the county commissioner for all other public measures, not later than three days after the completion of the canvass of votes for the election at which the question appeared on the ballot and the abstracts prepared pursuant to section 50.24 indicate that the difference between the affirmative and negative votes cast on the public measure is less than fifteen hundredths of one percent for a public measure voted on by the electors of the entire state, or less than either one percent or fifty votes, whichever is lesser, for all other public measures.
2287 the completion of the canvass of votes for the election at which the question appeared on the ballot and the abstracts prepared pursuant to section 50.24 indicate that the difference between the affirmative and negative votes cast on the public measure is less than fifteen hundredths of one percent for a public measure voted on by the electors of the entire state, or less than either one percent or fifty votes, whichever is lesser, for all other public measures.
The commissioner shall convene the persons designated under subsection 2, paragraphs “a” and “b”, not later than 9:00 a.m.
The commissioner shall convene the persons designated SF 2287.3052 (2) 91 (amending this SF 2287 to CONFORM to HF 2501) ss/ns 2/16 -2- under subsection 2, paragraphs “a” and “b”, not later than 9:00 a.m.
If those two members cannot agree on the third LSB 5495SV (1) 91 -2- ss/ns 2/13 S.F.
If those two members cannot agree on the third member by 8:00 a.m.
2287 member by 8:00 a.m.
DIVISION V SPECIAL PRECINCT ELECTION BOARD Sec.
SF 2287.3052 (2) 91 (amending this SF 2287 to CONFORM to HF 2501) ss/ns 3/16 -3- DIVISION V SPECIAL PRECINCT ELECTION BOARD Sec.
Section 53.23, subsection 3, paragraph a, Code 2026, LSB 5495SV (1) 91 -3- ss/ns 3/13 S.F.
Section 53.23, subsection 3, paragraph a, Code 2026, is amended to read as follows:
2287 is amended to read as follows:
Objections filed with the city clerk commissioner pursuant to section 277.5 or 362.4 or with the commissioner for an elective city office shall be considered by the mayor and clerk and one member of the council chosen by the council by ballot, and a majority decision shall be final as provided in section 44.7, except as otherwise provided in this section.
Objections filed with the city clerk commissioner pursuant to section 277.5 or 362.4 or with the commissioner for an elective city office shall be considered by the mayor and clerk and one member of the council chosen by the council by ballot, and a majority decision shall be final as provided in section 44.7, except as otherwise provided in this section .
In the office of the appropriate commissioner or school board secretary in case of a special election to fill vacancies, at least twenty-five days before the day of election.
In the office of the appropriate commissioner or school board secretary in case of a special election to SF 2287.3052 (2) 91 (amending this SF 2287 to CONFORM to HF 2501) ss/ns 4/16 -4- fill vacancies, at least twenty-five days before the day of election.
Section 44.11, Code 2026, is amended to read as LSB 5495SV (1) 91 -4- ss/ns 4/13 S.F.
Section 44.11, Code 2026, is amended to read as follows:
2287 follows:
The vacancy or vacancies shall be filled not less than seventy-six days before the election in the case of nominations required to be filed with the state commissioner, not less than sixty-nine days before the election in the case of nominations required to be filed with the commissioner, not less than forty-two days before the election in the case of nominations required to be filed in the office of the school board secretary with the commissioner for school elections, and not less than forty-two days before the election in the case of nominations required to be filed with the commissioner for city elections.
The vacancy or vacancies shall be filled not less than seventy-six days before the election in the case of nominations required to be filed with the state commissioner, not less than sixty-nine days before the election in the case of nominations required to be filed with the commissioner, not less than forty-two days before the election in the case of nominations required to be filed in the office of the school board secretary with the commissioner for school elections , and not less than forty-two days before the election in the case of nominations required to be filed with the commissioner for city elections.
The secretary of the board county commissioner of elections, or the secretary’s commissioner’s designee, shall be present in the secretary’s commissioner’s office until 5:00 p.m.
The secretary of the board county SF 2287.3052 (2) 91 (amending this SF 2287 to CONFORM to HF 2501) -5- ss/ns 5/16 commissioner of elections, or the secretary’s commissioner’s designee, shall be present in the secretary’s commissioner’s office until 5:00 p.m.
on the final day to file the nomination LSB 5495SV (1) 91 -5- ss/ns 5/13 S.F.
on the final day to file the nomination papers.
2287 papers.
Any person on whose behalf nomination petitions have been filed under this section may withdraw as a candidate by filing a signed statement to that effect with the secretary county commissioner of elections consistent with section 44.9.
Any person on whose behalf nomination petitions have been filed under this section may withdraw as a candidate by filing SF 2287.3052 (2) 91 (amending this SF 2287 to CONFORM to HF 2501) -6- ss/ns 6/16 a signed statement to that effect with the secretary county commissioner of elections consistent with section 44.9.
Section 277.5, Code 2026, is amended to read as LSB 5495SV (1) 91 -6- ss/ns 6/13 S.F.
Section 277.5, Code 2026, is amended to read as follows:
2287 follows:
(1) If within fourteen days after publication of a notice required pursuant to paragraph “a” for a vacancy that occurs more than one hundred eighty days before the next regular school election, or after the filing period closes pursuant to section 277.4, subsection 1, for the next regular school election, there is filed with the secretary of the school board county commissioner of elections a petition requesting a special election to fill the vacancy, an appointment to fill the vacancy is temporary until a successor is elected and LSB 5495SV (1) 91 -7- ss/ns 7/13 S.F.
(1) If within fourteen days after publication of a notice required pursuant to paragraph “a” for a vacancy that occurs more than one hundred eighty days before the next regular school election, or after the filing period closes pursuant to section 277.4, subsection 1, for the next regular school election, there is filed with the secretary of the school SF 2287.3052 (2) 91 (amending this SF 2287 to CONFORM to HF 2501) -7- ss/ns 7/16 board county commissioner of elections a petition requesting a special election to fill the vacancy, an appointment to fill the vacancy is temporary until a successor is elected and qualified, and the board shall call a special election pursuant to section 279.7, to fill the vacancy for the remaining balance of the unexpired term.
2287 qualified, and the board shall call a special election pursuant to section 279.7, to fill the vacancy for the remaining balance of the unexpired term.
An eligible elector of a city may become a candidate for an elective city office by filing with the county commissioner of elections responsible under section 47.2 for conducting elections held for the city a valid petition requesting that the elector’s name be placed on the ballot for that office, or by filing a valid petition with the designated city clerk.
An eligible elector of a city may become a candidate for an elective city office by filing with the county commissioner of elections responsible under section 47.2 for conducting elections held for the city a valid petition requesting that the elector’s name be placed on the ballot for that office, or by filing a valid petition with the designated SF 2287.3052 (2) 91 (amending this SF 2287 to CONFORM to HF 2501) ss/ns 8/16 -8- city clerk.
The petition must be filed not more than seventy-one days and not less than forty-seven days before the date of the election, and must be signed by eligible electors LSB 5495SV (1) 91 -8- ss/ns 8/13 S.F.
The petition must be filed not more than seventy-one days and not less than forty-seven days before the date of the election, and must be signed by eligible electors equal in number to at least two percent of those who voted to fill the same office at the last regular city election, but not less than ten persons.
2287 equal in number to at least two percent of those who voted to fill the same office at the last regular city election, but not less than ten persons.
The county commissioner or the designated city clerk shall return any rejected nomination papers to the person on whose behalf the nomination papers were filed.
The county commissioner or the designated city clerk shall return any rejected nomination papers to the person on SF 2287.3052 (2) 91 (amending this SF 2287 to CONFORM to HF 2501) -9- ss/ns 9/16 whose behalf the nomination papers were filed.
Nomination papers filed with the county commissioner or the city clerk designated pursuant to subsection 1 shall be LSB 5495SV (1) 91 -9- ss/ns 9/13 S.F.
Nomination papers filed with the county commissioner or the city clerk designated pursuant to subsection 1 shall be available for public inspection.
2287 available for public inspection.
If a person who was elected by write-in votes resigns at a later time, the office shall be considered vacant at the end of the term and the council shall fill the vacancy pursuant to the provisions of section 372.13, subsection 2.
If a person who was elected by write-in votes resigns at a later SF 2287.3052 (2) 91 (amending this SF 2287 to CONFORM to HF 2501) ss/ns 10/16 -10- time, the office shall be considered vacant at the end of the term and the council shall fill the vacancy pursuant to the provisions of section 372.13, subsection 2.
LSB 5495SV (1) 91 -10- ss/ns 10/13 S.F.
2.
2287 2.
EXPLANATION The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.
DIVISION VII ABSENTEE BALLOT TRACKING Sec.
This bill relates to the conduct of elections.
21.
DIVISION I —— ELECTION MISCONDUCT —— INVESTIGATION.
Section 53.17A, subsection 4, Code 2026, is amended to read as follows:
The bill defines “election day” for the purposes of election misconduct to include any day on which voting takes place in person, including absentee voting at the offices of a county commissioner of elections or at a satellite absentee voting station.
4.
The bill requires a law enforcement agency or other entity of a state or political subdivision of the state that is investigating an election, the actions of election officials, or election misconduct to immediately notify the state commissioner of elections, or the governor if the state LSB 5495SV (1) 91 -11- ss/ns 11/13 S.F.
a.
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2287 commissioner of elections is under investigation.
The state commissioner shall by February 26, 2024, include on the state commissioner’s internet site an application through which a voter can track the voter’s absentee ballot request form and absentee ballot.
DIVISION II —— CANCELLATION OF VOTER REGISTRATION.
The application shall must provide all of the following information:
The bill requires a voter registration that has been designated as incomplete, pending, or unconfirmed for 90 days to be canceled if the county commissioner of elections has been unable to contact the registrant or the registrant has failed to submit sufficient information to complete, verify, or correct the defect in the registration.
a.
DIVISION III —— ELECTION RECOUNTS —— PUBLIC MEASURES.
(1) Whether the voter returned a ballot in person, by SF 2287.3052 (2) 91 (amending this SF 2287 to CONFORM to HF 2501) ss/ns 11/16 -11- mail, or by voting in person at a satellite location.
The bill changes the minimum threshold for conducting a recount of a public measure that is not voted on by the electors of the entire state and that requires an affirmative vote of at least 60 percent of the votes cast on the measure to be a difference between passage and defeat of at least 1 percent or 50 votes, whichever is lesser.
b.
The bill changes the makeup of a recount board for a public measure to consist of the county commissioner of elections and the commissioner’s staff, which may include persons employed by the commissioner to tally ballots, instead of a designee of the petitioner requesting the recount, a designee selected by the commissioner, and a third person chosen jointly by the other designees.
(2) The date the absentee ballot request form was received by the county commissioner.
DIVISION IV —— ELECTION SECURITY.
c.
The bill updates references to the United States election assistance commission and the federal Help America Vote Act.
(3) The date the absentee ballot was mailed or given to the voter.
The bill requires all election equipment, including election equipment that is not currently in use, to be secured with a tamper-evident seal at all times.
d.
DIVISION V —— SPECIAL PRECINCT ELECTION BOARD.
(4) The date the absentee ballot was received by the county commissioner.
The bill requires a county commissioner of elections to set a convening time for the election board of the absentee ballot and special voters precinct of no later than 9:00 a.m.
e.
on election day for general and statewide special elections.
(5) The date the county commissioner opened the outer envelope.
Under current law, election boards of absentee ballot and special voters precincts must be convened by 9:00 a.m.
f.
on election day for all elections.
(6) Whether there is a problem with the absentee ballot request form or absentee ballot that requires correction by the voter, along with instructions for the voter to contact the county commissioner as soon as possible to resolve the issue.
LSB 5495SV (1) 91 -12- ss/ns 12/13 S.F.
b.
2287 DIVISION VI —— LOCAL ELECTION FILINGS.
The application must allow a voter to choose to receive notification of changes in the status of the voter’s absentee ballot request form or absentee ballot by electronic mail, text message, or other electronic means.
The bill requires all filings for city and school elections to be made with the county commissioner of elections and removes the authority of a county commissioner of elections to designate a city clerk to accept election filings.
Sec.
The bill also requires objections to petitions in city elections to be heard by the county auditor, county treasurer, and county attorney.
22.
LSB 5495SV (1) 91 -13- ss/ns 13/13
EFFECTIVE DATE.
This division of this Act takes effect July 1, 2027.
DIVISION VIII ABSENTEE BALLOTS —— POSTAL SERVICE BARCODES Sec.
23.
Section 53.17A, subsection 2, Code 2026, is amended to read as follows:
2.
The state commissioner shall adopt rules regarding the statewide implementation of a postal service barcode and tracking information database and the implementation of a postal service barcode for absentee ballots requested or returned pursuant to section 9E.6, 53.22, 53.39, 53.44, or 53.45, including procedures to be followed when usage of a postal service barcode or the tracking information database is negatively impacted.
Each commissioner shall use a postal service barcode and tracking information database consistent with rules of the state commissioner.
Every commissioner shall send notice to the state commissioner and implement the use of a postal service barcode and tracking information database SF 2287.3052 (2) 91 (amending this SF 2287 to CONFORM to HF 2501) ss/ns 12/16 -12- prior to October 1, 2020.
Sec.
24.
Section 53.17A, subsection 3, paragraph a, Code 2026, is amended to read as follows:
a.
An absentee ballot requested or returned pursuant to section 9E.6, 53.22, 53.39, 53.44, or 53.45 and received after the polls close on election day but prior to the official canvass shall be counted if the commissioner determines that the ballot entered the federal mail system by the deadline specified in section 53.17 or 53.22.
The date of entry of such an absentee ballot into the federal mail system shall only be verified as provided in paragraph “b”.
DIVISION IX VOTER IDENTIFICATION —— ATTESTATION OF ANOTHER Sec.
25.
Section 49.78, subsections 4 and 5, Code 2026, are amended by striking the subsections.
Sec.
26.
Section 49.78, subsection 6, Code 2026, is amended to read as follows:
6.
A voter who is not otherwise disqualified from voting and who has established identity under subsection 2, or 3, or 4 shall be furnished a ballot and be allowed to vote under section 49.77.
Sec.
27.
Section 49.81, subsection 2, Code 2026, is amended to read as follows:
2.
A prospective voter who is unable to establish identity under section 49.78, subsection 2, paragraph “a”, or section 49.78, subsection 3 or 4 , shall be notified by the appropriate precinct election official that the voter may cast a provisional ballot.
The voter shall mark the ballot and immediately seal it in an envelope of the type prescribed by subsection 5.
The voter shall deliver the sealed envelope to a precinct election official who shall deposit it in an envelope marked “provisional ballots”.
The ballot shall be considered as having been cast in the special precinct established by section 53.20 for purposes of the postelection canvass.
DIVISION X SF 2287.3052 (2) 91 (amending this SF 2287 to CONFORM to HF 2501) ss/ns 13/16 -13- HOSPITAL BOARD OF TRUSTEES ELECTIONS Sec.
28.
HOSPITAL BOARD OF TRUSTEES ELECTIONS.
Notwithstanding section 347.9, for elections held pursuant to section 347.9 in 2026, if there are seven trustees on the board and 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 successor shall be elected for regular terms as provided in section 347.9.
DIVISION XI COUNTY OFFICERS —— DUTIES Sec.
29.
Section 35B.10, subsection 2, Code 2026, is amended to read as follows:
2.
The county commission of veteran affairs shall prepare and file in the office of the county auditor on or before the thirtieth day of each January, April, July, and October a report showing the case numbers of all recipients receiving assistance under this chapter, together with the amount paid to each during the preceding quarter.
Each report so filed shall be maintained as a permanent record to be used only for such reports made under this chapter.
Sec.
30.
Section 298.11, Code 2026, is amended to read as follows:
298.11 Apportionment of school funds.
1.
The county auditor treasurer shall, on the first Monday in April and the first Monday in October of each year, apportion the school tax, together with rents on unsold school lands to which the county is entitled as shown in notice from the director of the department of administrative services, and all other moneys in the hands of the county treasurer belonging in common to the schools of the county and not included in a previous apportionment, among the corporations in the county SF 2287.3052 (2) 91 (amending this SF 2287 to CONFORM to HF 2501) ss/ns 14/16 -14- in the manner provided by law.
2.
The county auditor shall immediately notify the county treasurer of such apportionment and of the amount due thereby to each corporation.
3.
2.
The county treasurer shall thereupon give notice to the president of each corporation, and shall pay out such apportionment moneys in the same manner that the county treasurer is authorized to pay other school moneys to the treasurers of the several school districts.
Sec.
31.
Section 331.502, subsections 10, 11, 16, and 35, Code 2026, are amended by striking the subsections.
Sec.
32.
Section 331.502, subsection 12, Code 2026, is amended to read as follows:
12.
Issue warrants and maintain a permanent record for payment of claims of persons receiving veteran assistance as provided in section 35B.10.
Sec.
33.
Section 331.508, subsections 4 and 5, Code 2026, are amended by striking the subsections.
Sec.
34.
Section 331.552, subsection 16, Code 2026, is amended to read as follows:
16.
Pay Apportion and pay to the treasurers of the school corporations located in the county the taxes and other moneys due as provided in section 298.11 and send amounts collected for each fund of a school corporation for direct deposit into the depository and account designated as provided in section 298.13.
Sec.
35.
Section 331.552, Code 2026, is amended by adding the following new subsection:
NEW SUBSECTION .
37.
Receive and record in a book kept for that purpose, moneys recovered from a person willfully committing waste or trespass on real estate as provided in section 658.10.
Sec.
36.
Section 658.10, Code 2026, is amended to read as follows:
658.10 Disposition of money.
SF 2287.3052 (2) 91 (amending this SF 2287 to CONFORM to HF 2501) -15- ss/ns 15/16 All money recovered in an action brought under section 658.9 shall be paid by the officer collecting it to the auditor treasurer of the county in which the lands are situated, which shall be held by the auditor treasurer, and an entry thereof made in a book kept for that purpose, until the lands are redeemed, or a treasurer’s deed therefor executed to the holder of said certificate.
If redemption is made, the money shall be paid to the owner of the land, and if not, to the person to whom the deed is executed.
Sec.
37.
REPEAL.
Section 225.35, Code 2026, is repealed.> 2.
Title page, by striking line 1 and inserting <An Act relating to matters associated with county officers and the conduct of elections, and including effective date provisions.> ______________________________ KEN ROZENBOOM SF 2287.3052 (2) 91 (amending this SF 2287 to CONFORM to HF 2501) -16- ss/ns 16/16