Proyectos de ley › 89.ª Asamblea General
Relating to the conduct of elections, including nominations, procedures for proposed amendments to the Iowa Constitution, and absentee voting, and including effective date provisions
Presentado por el comité State Government del Senado
Temas:Elections & voting
La misma legislación: SSB 1237
Dónde está ahora
- Hecho: Presentado1 de marzo de 2021
- Hecho: Subcomité1 de marzo de 2021
- Hecho: Comité del Senado4 de marzo de 2021
- Hecho: Lo aprueba el Senado17 de marzo de 202130–17
- Hecho: Comité de la Cámara31 de marzo de 2021
- Hecho: Lo aprueba la Cámara19 de mayo de 202154–33
- Hecho: A gobernador(a)3 de junio de 2021
- Hecho: Firmado como ley8 de junio de 2021
Firmado como ley ¿Qué es el embudo (funnel)?
Qué contiene
La explicación oficial está en inglés; todavía no hay resumen en palabras sencillas.
This bill is related to the conduct of elections. The bill adds the first Tuesday after the first Monday in November of an even-numbered year as an available date for a county to hold a special election on a public measure. The bill requires a question of whether a convention should be called to revise the Iowa Constitution, which is required by the Constitution of the State of Iowa to be submitted every decade, to be treated the same as a public measure on a ballot. The bill allows an elected official to be elected to and simultaneously serve in a second office if there is not more than thirty days remaining in the term of the first office and the official has not sought reelection in the most recent election to the first office.
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The bill provides that if a person is elected to multiple incompatible elective offices and the person does not resign from all but one of the elective offices, there shall be a vacancy in the first office to which the person was elected. Under current law, a vacancy occurs in all of the offices to which the person was elected. The bill changes the deadline for the filing and withdrawal of nomination papers for primary elections, as well as the filing of objections to the nominations of candidates. The bill requires objections to the form of nomination papers or the affidavit of candidacy to be sustained. The bill also changes the timeline for the replacement of a candidate who withdraws from a primary or general election or dies. The bill allows a county commissioner of registration to cancel a voter’s registration if the commissioner receives notice of the voter’s death from the federal social security administration. The bill sets the date for the drawing of lots for the arrangement of candidates on a nonpartisan ballot to the 68th day prior to the first Tuesday after the first Monday in November. The bill requires a ballot for president and vice president of the United States to disclose that a vote for such candidates is a vote for the slate of electors selected by the organization nominating such candidates. The bill requires constitutional amendments and public measures to be summarized by the state commissioner of elections. Current law allows the commissioner to summarize constitutional amendments and public measures. The bill requires the text of a proposed constitutional amendment to be posted inside the voting booth if the entire amendment will not fit on the ballot. For an election for a public measure to approve the issuance of a bond, the bill requires the county commissioner of elections to send notification to all voters eligible to vote on the measure not later than days before the election and to post the notification in the office of the county commissioner and on the internet site of the county commissioner. The bill allows the costs of such a notification to be charged to the entity requesting the public measure. The bill changes the deadline by the which the state commissioner of elections must transfer to county commissioners of elections certified copies of proposed constitutional amendments and public measures from days preceding an election to days preceding an election. Not less than nor more than days before an election, the bill requires the county commissioner of elections to publish notice of the election containing a list of candidates and public measures to be voted upon. The bill allows the notice to contain a facsimile of the portion of the ballot containing the rotation of candidates. Current law requires the notification to include such a facsimile. The bill adds provisions regarding the safeguarding of confidential information to the oath taken by precinct election officials. The bill requires a voter who is attesting to the identity of a registered voter who is unable to produce voter identification to first provide proof of the attesting voter’s identity. The bill alters the requirements for the return of election results to the county commissioner of elections. If election results are communicated to the county commissioner in person, the bill requires two precinct election officials to return the election results and the memory device used by voting equipment to the county commissioner in a sealed envelope signed by each precinct election official on the night of the election. The two precinct election officials shall be of different political parties in the case of a partisan election. The bill allows the county commissioner to designate an alternative person to return the election results and memory device, including but not limited to a state or local law enforcement officer. The bill requires a third precinct election official to return the ballots and election register to the county commissioner. The bill also requires ballots to be returned to the county commissioner on the night of the election. The bill allows election results to be returned by telephone only at the request of the county commissioner. The bill requires a county board of supervisors to report write-in candidates who received fewer than votes and were not elected under the collective heading “scattering” when canvassing votes after an election. The bill requires the state commissioner of elections to order election audits prior to all elections other than general elections. This provision of the bill takes effect January 1, 2022. The bill requires the state commissioner of elections to develop an internet application to allow a voter to track the voter’s absentee ballot request form and absentee ballot by February 26, 2024. The application must also inform a voter of an error in the voter’s application or ballot that requires correction by the voter. The bill changes the compensation rate for presidential electors from $5 per day of attendance to one-half of the relevant federal general services administration per diem rate. The bill removes a special deadline for the receipt of petitions for ballot propositions to approve the conduct of gambling games in a county. The bill requires such petitions to be submitted as required for other petitions. The bill changes the withdrawal deadline for candidates for school district office from days before the election to days before the election. The bill prohibits a county from having more than one official seal. However, the bill allows a county commissioner of elections to use a facsimile or modified facsimile of a county seal for the purposes of election duties, provided that a modified facsimile contain the words “county” and “auditor”, which may be abbreviated, and the word “Iowa”. The bill requires a nomination petition for a hospital trustee to be filed with the county commissioner of elections at least days before the date of the election. The bill repeals a Code section relating to vacancies in nominations of presidential electors. The bill also repeals a provision of law making the willful false swearing of an affidavit a fraudulent practice. The bill repeals a Code section authorizing a taxpayer to file a suit to test the legality of a proposed constitutional amendment and a Code section relating to the parties in such a suit. The bill repeals a section of 2017 Iowa Acts, chapter 155, that was not codified and is inconsistent with current law. The bill includes an effective date of January 1, 2022, for sections of the division relating to ballot vacancies. The other provisions of the bill take effect upon enactment except as otherwise noted.
Cambiado después por las enmiendas H-1535, S-3076; vea Enmiendas.
Texto completo del proyecto (en inglés) · Qué cambió antes de aprobarse1
House subcommittee
Named March 25, 2021. Meeting: Tuesday, March 30 · 1:00 PM · RM 102, Sup. Ct. Consult.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Nota fiscal
Resumen con IA This bill changes various election rules, including requiring certain local entities to mail notifications to households regarding public measures on March or September ballots and requiring the Secretary of State to order audits of all elections. The cost to counties, cities, or school districts for mailing these notifications cannot be estimated because the number of public measures is unknown. However, the bill is estimated to cost counties between $100 and $200 per postelection audit. (en inglés)2
Lea la nota fiscal (en inglés)
Description
Senate File 568 relates to the conduct of elections, including various changes regarding nominations, proposed amendments to the Iowa Constitution, public measures, holding multiple elective offices, voter registration, ballots, voter identification, reporting election results, election audits, presidential elector per-diem, and county seals. Sections 23 and 36 of the Bill have been identified as having potential fiscal impacts.
Section 23: For public measures appearing on a ballot in the month of March or September, Section 23 requires entities requesting the public measure to mail notifications to all household that include a registered voter eligible to vote on the public measure. The notification must include the following information:
- Date of the election.
- Hours during which the polls will be open.
- Information on finding the voter’s polling place.
- Internet site and telephone number of the county commissioner of elections.
- Internet site of the State commissioner of elections.
Background
Iowa Code section 39.2 governs special elections on public measures and sets the following dates on which a public measure election may be held throughout the year:
- First Tuesday after the first Monday in March.
- Second Tuesday in September.
- The first Tuesday after the first Monday in November of an odd-numbered year. The Iowa Association of School Boards (IASB) reported that between FY 2016 and FY 2020, there were 145 bond-approval elections for school districts across the State (average of 29 per year), and between school years 2015 and 2019 there were 109 physical plant and equipment levy (PPEL) elections across the State (average of 27 per year). Additionally, there are ongoing elections for Secure an Advanced Vision for Education (SAVE) Revenue Purpose Statement reauthorizations across school districts, per Iowa Code section 423F.3. At the end of FY 2020, there were 220 districts with a Revenue Purpose Statement expiring in 2029 or before.
Assumptions
- The governmental entities most affected by Section 23 will be counties, cities, and school districts.
- The cost will depend on whether the public measure is at the county level, city level, or school district level, and the number of households that include a registered voter eligible to vote on the public measure.
- The cost per entity per fiscal year will depend on the number of requested public measure elections each fiscal year.
- The cost per entity may depend on the method of mailing (letter or postcard) and whether the mailings are done in-house or outsourced. For purposes of this Fiscal Note, the LSA will illustrate the potential fiscal impact of mailings for one public measure to a varying number of households by both letter and postcard.
- For estimation purposes, it is assumed that entities will outsource the mailings; however, for entities that produce and mail the notifications in-house, there may be additional costs associated with staff time.
- For estimation purposes, the calculations for letter mailings are based on an estimate provided to a medium-sized county from a local print shop. These estimates include the cost of the letter, envelope, labor, and postage. For estimation purposes, the calculations assume that the price per mailing for the first 1,000 letters would be $0.69; for the next 22,000 letters, $0.52; and for every additional letter above 23,000, $0.51.
- For estimation purposes, the calculations for postcard mailings are based on estimates from the IASB and include the cost of printing a 5 x 7 postcard and standard postage presorted.
- It is unknown how many public measures will appear on a ballot in the month of March or September and will require entities to mail notifications.
- The additional mailing costs for an entity requesting a public measure will depend on whether that entity currently provides mailings on public measures to registered voters. Entities that already mail notifications to voters will not incur additional expenses.
- Costs will be incurred by the entity requesting the public measure.
Fiscal Impact
The effect on local government (county, city, or school board) expenditures depends on the number of households with a registered voter eligible to vote on the public measure. The tables below include examples of potential costs per public measure based on the number of households with a registered voter eligible to vote. Table 1 includes estimates for letter mailings and Table 2 includes estimates for postcard mailings.
Table 1: Estimated Cost for Letter Mailings Per Public Measure Based on Households With a Registered VoterNumber of
Households With a
Registered Voter
Estimated
Cost Per
Mailing
Estimated Cost
Per Public
Measure
1,000 0.69$ 690$ 10,000 0.52 5,200 25,000 0.51 12,750 50,000 0.51 25,500 100,000 0.51 51,000 300,000 0.51 153,000 Table 2: Estimated Cost for Postcard Mailings Per Public Measure Based on Households With a Registered Voter There may also be an additional cost for staff time for entities to compile lists and mailings; however, that cost cannot be estimated at this time.
Section 36: Requires the Secretary of State’s (SOS) Office to order an audit of all elections. Postelection audits are currently required following each general election.
Assumptions
- For estimation purposes, counties may hire between six to eight individuals to conduct the audit at approximately $11 per hour.
- For estimation purposes, postelection audits will take approximately 1.5 hours to complete.
Fiscal Impact
Senate File 568 is estimated to cost counties between $100 and $200 per postelection audit. Costs will vary based on the number and size of special elections conducted in a given year.
Sources
- Office of the Secretary of State
- Iowa State Association of Counties
- Iowa Association of School Boards
- LSA calculations
- Election Omnibus · 29 de marzo de 2021
- Election Omnibus · 10 de marzo de 2021
Lo que cambia del Código de Iowa (Iowa Code)
Modifica§277.4§331.552§347.25§376.5§39.11§39.12§39.2§39.4§43.11§43.16§43.23§43.24§43.78§43.79§44.11§44.4§44.6§44.7§44.8§44.9§48A.30§49.31§49.43§49.44§49.53§49.57§49.58§49.75§49.78§49A.6§50.11§50.12§50.17§50.23§50.24§50.51§53.17A§53.49§54.9§99F.7
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