Amendment S-3231 to HF 692

Filed April 25, 2019 in the Senate by

What it changes

1. By striking page 1, line 4, through page 56, line 8, and inserting: ““DIVISION I HOSPITAL BOARD OF TRUSTEES ELECTIONS Section
2. Section 347.9, subsection 1, Code 2019, is amended to read as follows:
3. 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.
4. Section 347.9, Code 2019, is amended by adding the following new subsection: NEW SUBSECTION .
5. 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.
6. 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 -1- H1244.2455 (1) 88 md 1/ 28 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.
7. 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:
8. 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.
9. 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 II -2- H1244.2455 (1) 88 md 2/ 28 TECHNICAL CHANGES Sec.
10. Section 39.2, subsection 4, paragraphs a, b, and c, Code 2019, are amended to read as follows: a. For a county, on the day of the general election, on the day of the regular city election, on the date of a special election held to fill a vacancy in the same county, or on the first Tuesday in March in an odd-numbered year , the first Tuesday in May March , or the first second Tuesday in August of each year September, or the first Tuesday after the first Monday in November . For a county, in an even-numbered year, the first Tuesday in March or the second Tuesday in September. b. For a city, on the day of the general election, on the day of the regular city election, on the date of a special election held to fill a vacancy in the same city, or on the first Tuesday in March in an odd-numbered year , the first Tuesday in May March , or the first second Tuesday in August of each year September, or the first Tuesday after the first Monday in November . For a city, in an even-numbered year, the first Tuesday in March or the second Tuesday in September. c. For a school district or merged area, in the odd-numbered year, the first Tuesday in February March , the first Tuesday in April, the last second Tuesday in June September , or the second first Tuesday after the first Monday in September November . For a school district or merged area, in the even-numbered year, the first Tuesday in February, the first Tuesday in April March , or the second Tuesday in September , or the second Tuesday in December . Sec.
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 -3- H1244.2455 (1) 88 md 3/ 28 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: 39A.6 Technical infractions —— notice.
15. 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.
16. 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.
17. 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.
18. Section 43.14, subsection 1, Code 2019, is amended by adding the following new paragraph: NEW PARAGRAPH . g. The printed name, signature, address, and phone number of the person responsible for circulating the petition page. Sec.
19. Section 43.14, subsection 2, Code 2019, is amended to read as follows:
20. 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 -4- H1244.2455 (1) 88 md 4/ 28 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.
21. 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.
22. Section 43.15, subsection 2, Code 2019, is amended to read as follows:
23. Each signer shall add the signer’s residence residential address , with street and number, if any, and the date of signing. Sec.
24. 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.
25. 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 -5- H1244.2455 (1) 88 md 5/ 28 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 . Sec.
26. 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.
27. Section 45.5, subsection 2, Code 2019, is amended to read as follows:
28. 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.
29. Section 45.6, subsection 2, Code 2019, is amended -6- H1244.2455 (1) 88 md 6/ 28 to read as follows:
30. Each signer shall add the signer’s residence residential address , with street and number , if any, and city . Sec.
31. Section 47.1, subsection 6, Code 2019, is amended to read as follows:
32. 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
33. Sec.
34. Section 47.1, Code 2019, is amended by adding the following new subsections: NEW SUBSECTION .
35. The state commissioner may share information a county provides to an appropriate government agency to safeguard against cybersecurity or physical threats. NEW SUBSECTION .
36. 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.
37. Section 47.2, Code 2019, is amended by adding the following new subsection: NEW SUBSECTION .
38. 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 -7- H1244.2455 (1) 88 md 7/ 28 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.
39. 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.
40. 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.
41. Section 48A.9, subsection 4, Code 2019, is amended to read as follows:
42. 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 -8- H1244.2455 (1) 88 md 8/ 28 to be open for voter registration purposes at times other than their usual office hours. Sec.
43. Section 48A.26, subsection 1, Code 2019, is amended to read as follows:
44. 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.
45. Section 49.11, Code 2019, is amended by adding the following new subsection: NEW SUBSECTION .
46. 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.
47. 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 -9- H1244.2455 (1) 88 md 9/ 28 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.
48. Section 49.57, subsection 2, Code 2019, is amended to read as follows:
49. After the name of each candidate for a partisan office the name of the candidate’s political party shall be printed in at least six point type. The names of political parties and nonparty political organizations may be abbreviated on the remainder of the ballot if both the full name and the abbreviation appear in the voter instruction area of the ballot. Sec.
50. Section 50.51, subsection 6, Code 2019, is amended to read as follows:
51. 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.
52. NEW SECTION . 53.1A Rules. The state commissioner shall adopt rules pursuant to chapter 17A for the implementation of this chapter. Sec.
53. 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: -10- H1244.2455 (1) 88 md 10/ 28 Sec.
54. 2017 Iowa Acts, chapter 155, section 13, is amended by striking the section. Sec.
55. EFFECTIVE DATE. This division of this Act, being deemed of immediate importance, takes effect upon enactment. DIVISION III CONDUCT OF ELECTIONS Sec.
56. Section 43.30, subsection 2, Code 2019, is amended to read as follows:
57. 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.
58. 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.
59. Section 43.91, Code 2019, is amended to read as follows: 43.91 Voter at caucus must be precinct resident —— qualifications . Any person voting at a precinct caucus must be a person who is or will by the date of the next general election become an eligible elector , who has not already participated in the caucus of any political party within the same year, and who is a resident of the precinct. A list of the names and addresses of each person to whom a ballot was delivered or who was allowed to vote in each precinct caucus shall be prepared by the caucus chairperson and secretary who shall certify such -11- H1244.2455 (1) 88 md 11/ 28 list to the commissioner at the same time as the names of those elected as delegates and party committee members are so certified. Sec.
60. Section 44.4, subsection 1, Code 2019, is amended to read as follows:

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

Official amendment (PDF) · In the Bill Book