Amendment H-1244 to HF 692

Filed April 18, 2019 in the House by

What it changes

1. By striking everything after the enacting clause and inserting: “DIVISION I PROCEDURES FOR PROPOSED AMENDMENTS TO THE IOWA CONSTITUTION Section
2. Section 49.43, subsection 2, Code 2019, is amended to read as follows:
3. Constitutional amendments and other public measures may shall be summarized by the commissioner as provided in sections 49.44 and 52.25 . Sec.
4. Section 49.44, subsection 1, Code 2019, is amended to read as follows:
5. 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.
6. Section 49A.1, Code 2019, is amended to read as follows: 49A.1 Publication of proposed amendment.
7. 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.
8. a. The legislative services agency shall maintain on -1- HF692.1944.S (3) 88 mb 1/ 56 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. 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.
9. REPEAL. Sections 49A.10 and 49A.11, Code 2019, are repealed. DIVISION II ISSUANCE OF BONDS Sec.
10. Section 49.45, Code 2019, is amended to read as follows: 49.45 General form of ballot.
11. 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?”.)
12. A public measure to approve the issuance of a bond -2- HF692.1944.S (3) 88 mb 2/ 56 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 measure shall also include on the ballot the average increase or decrease in the property tax burden 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.
13. Section 68A.405A, subsection 1, paragraph b, Code 2019, is amended by striking the paragraph. Sec.
14. Section 68A.405A, Code 2019, is amended by adding the following new subsections: NEW SUBSECTION .
15. 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. NEW SUBSECTION .
16. For the purposes of this section, only moneys appropriated to the offices of the governor and lieutenant governor are considered under the control of the governor or lieutenant governor. DIVISION IV HOSPITAL BOARD OF TRUSTEES ELECTIONS Sec.
17. Section 347.9, subsection 1, Code 2019, is amended to read as follows: -3- HF692.1944.S (3) 88 mb 3/ 56
18. When it has been determined by the voters of a county to establish a county public hospital, the board shall appoint five or seven trustees chosen from among the resident citizens of the county with reference to their fitness for office. The appointed trustees shall hold office until the following general election, at which time their successors shall be elected, three for a term of four years and the remainder for a term of two years, and they shall determine by lot their respective terms, and thereafter their successors shall be elected for regular terms of four years each , except as provided in subsection 3 . Sec.
19. Section 347.9, Code 2019, is amended by adding the following new subsection: NEW SUBSECTION .
20. 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.
21. 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.
22. HOSPITAL BOARD OF TRUSTEES ELECTIONS. Notwithstanding section 347.9, for elections held pursuant to -4- HF692.1944.S (3) 88 mb 4/ 56 section 347.9 in 2022 in which more than seventy percent of trustee positions on a board are on the ballot:
23. If there are seven trustees on the board: a. If six trustees are to be elected, the four elected who receive the highest number of votes are elected for four-year terms. The remainder are elected for two-year terms. In case of a tie, the county auditor shall determine by lot which of the trustees with the lowest number of winning votes shall serve two-year terms and thereafter their successors shall be elected for regular terms as provided in section 347.9. b. If five trustees are to be elected, the four elected who receive the highest number of votes are elected for four-year terms. The remaining trustee is elected for a two-year term. In case of a tie, the county auditor shall determine by lot which of the trustees with the lowest number of winning votes shall serve the two-year term and thereafter their successors shall be elected for regular terms as provided in section 347.9.
24. 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.
25. 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.
26. Section 39A.3, subsection 1, Code 2019, is amended by adding the following new paragraph: NEW PARAGRAPH . c. Miscellaneous offenses. Uses voter -5- HF692.1944.S (3) 88 mb 5/ 56 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.
27. Section 39A.4, subsection 1, paragraph c, subparagraph (5), Code 2019, is amended by striking the subparagraph. Sec.
28. Section 39A.6, Code 2019, is amended to read as follows: 39A.6 Technical infractions —— notice.
29. 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.
30. 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.
31. 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.
32. 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.
33. Section 43.14, subsection 2, Code 2019, is amended to read as follows:
34. a. Signatures on a petition page shall be counted only if the information required in subsection 1 is written or -6- HF692.1944.S (3) 88 mb 6/ 56 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. 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.
35. 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.
36. Section 43.15, subsection 2, Code 2019, is amended to read as follows:
37. Each signer shall add the signer’s residence residential address , with street and number, if any, and the date of signing. Sec.
38. 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.
39. Section 43.24, subsection 1, paragraph b, subparagraphs (1) and (2), Code 2019, are amended to read as -7- HF692.1944.S (3) 88 mb 7/ 56 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 sixty-nine days before the date of the election . (2) Those filed with the commissioner, not less than sixty-four sixty-seven 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 . Sec.
40. 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.
41. Section 45.5, subsection 2, Code 2019, is amended to read as follows:
42. 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 -8- HF692.1944.S (3) 88 mb 8/ 56 the nomination papers are filed with the state commissioner or commissioner. Sec.
43. Section 45.6, subsection 2, Code 2019, is amended to read as follows:
44. Each signer shall add the signer’s residence residential address , with street and number , if any, and city . Sec.
45. Section 47.1, subsection 6, Code 2019, is amended to read as follows:
46. The state commissioner may, at the state commissioner’s discretion, examine the records of a commissioner to evaluate complaints and to ensure compliance with the provisions of chapters 39 through 53 . This examination shall include assessments conducted or authorized by private or government 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
47. Sec.
48. Section 47.1, Code 2019, is amended by adding the following new subsections: NEW SUBSECTION .
49. The state commissioner may share information a county provides to an appropriate government agency to safeguard against cybersecurity or physical threats. NEW SUBSECTION .
50. 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.
51. Section 47.2, Code 2019, is amended by adding the following new subsection: NEW SUBSECTION .
52. The county commissioner of elections shall, to maintain election security, do all of the following: -9- HF692.1944.S (3) 88 mb 9/ 56 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.
53. Section 47.7, subsection 2, paragraph d, Code 2019, is amended to read as follows: d. The state registrar shall prescribe by rule the procedures for access to the state voter registration file, security requirements, and access protocols for adding, changing, or deleting information from the state voter registration file including all of the following: (1) Access protocols for adding, changing, or deleting information from the state voter registration file. (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.
54. 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.
55. Section 48A.9, subsection 4, Code 2019, is amended to read as follows:
56. 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 -10- HF692.1944.S (3) 88 mb 10/ 56 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.
57. Section 48A.26, subsection 1, Code 2019, is amended to read as follows:
58. a. Except as otherwise provided in paragraph paragraphs “b” and “c” of this subsection , or section 48A.26A, within seven working days of receipt of a voter registration form or change of information in a voter registration record the commissioner shall send an acknowledgment to the registrant at the mailing address shown on the registration form. The acknowledgment shall be sent by nonforwardable mail. b. For a voter registration form or change of information in a voter registration record submitted at a precinct caucus, the commissioner shall send an acknowledgment within forty-five days of receipt of the form or change of information. c. For a voter registration form or change of information in a voter registration record submitted within fourteen days of a regularly scheduled election, the commissioner shall send an acknowledgment within forty-eight hours of receipt of the form or change of information. Sec.
59. Section 49.11, Code 2019, is amended by adding the following new subsection: NEW SUBSECTION .
60. 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.

Shortened here; the full amendment is in the official document.

Official amendment (PDF) · In the Bill Book