General Assembly: 82 (2008 Regular GA) - Chapter 1115 - Elections, voting, and voter registration — miscellaneous provisions


Published: 2008-04-22

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387 LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSION CH. 1115

CH. 1115CH. 1115

CHAPTER 1115 ELECTIONS, VOTING, AND VOTER REGISTRATION —

MISCELLANEOUS PROVISIONS

H.F. 2620

AN ACT relating to the conduct of elections and voter registration, making penalties applica- ble, and including effective date, applicability date, and transition provisions.

Be It Enacted by the General Assembly of the State of Iowa:

DIVISION I ELECTION OF SCHOOL CORPORATION BOARDS OF DIRECTORS

Section 1. Section 39.24, Code 2007, is amended to read as follows: 39.24 SCHOOL OFFICERS. Members of boards of directors of community and independent school districts, and boards

of directors of merged areas shall be elected at the school election. Their terms of office shall be three four years, except as otherwise provided by section 260C.11 or, 260C.13, 275.23A, 275.37, or 275.37A.

Sec. 2. Section 260C.11, unnumbered paragraph 1, Code 2007, is amended to read as fol- lows: Thegoverningboard of amergedarea is a board of directors composed of onemember elect-

ed from each director district in the area by the electors of the respective district. Members of the board shall be residents of the district from which elected. Successors shall be chosen at the annual regular school elections formemberswhose terms expire. The termof amember of the board of directors is three four years and commences at the organization meeting. Va- cancies on the board shall be filled at the next regular meeting of the board by appointment by the remainingmembers of the board. Amember so chosen shall be a resident of the district in which the vacancy occurred and shall serve until a member is elected pursuant to section 69.12 to fill the vacancy for the balance of the unexpired term. A vacancy is defined in section 277.29. Amember shall not serveon theboardof directorswho is amemberof aboardofdirec- tors of a local school district or a member of an area education agency board.

Sec. 3. Section 260C.12, unnumbered paragraph 1, Code 2007, is amended to read as fol- lows: The board of directors of themerged area shall organize at the first regularmeeting inOcto-

ber of each year following the regular school election. Organization of the board shall be ef- fected by the election of a president and other officers from the board membership as board members determine. Theboardof directors shall appoint a secretary anda treasurerwhoshall each give bond as prescribed in section 291.2 andwho shall each receive the salary determined by the board. The secretary and treasurer shall perform duties under chapter 291 and addi- tional duties the board of directors deems necessary. However, the board may appoint one person to serve as the secretary and treasurer. If one person serves as the secretary and trea- surer, only one bond is necessary for that person. The frequency of meetings other than orga- nizationalmeetings shall be as determined by the board of directors but the president or ama- jority of the members may call a special meeting at any time.

Sec. 4. Section 260C.13, subsection 1, Code 2007, is amended to read as follows: 1. The board of a merged area may change the number of directors on the board and shall

make corresponding changes in the boundaries of director districts. Changes shall be com- pleted not later than June 1 for the regular school election to be held the next following Sep- tember of the year of the regular school election. As soon as possible after adoption of the boundary changes, notice of changes in the director district boundaries shall be submitted by

388LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSIONCH. 1115

the merged area to the county commissioner of elections in all counties included in whole or in part in the merged area.

Sec. 5. Section 260C.15, subsection 1, Code 2007, is amended to read as follows: 1. Regular elections held annually by the merged area for the election of members of the

board of directors as required by section 260C.11, for the renewal of the twenty and one-fourth cents per thousand dollars of assessed valuation levy authorized in section 260C.22, or for any other matter authorized by law and designated for election by the board of directors of the merged area, shall be held on the date of the school election as fixed by section 277.1. The election notice shall be made a part of the local school election notice published as provided in section49.53 in each local school districtwherevoting is to occur in themergedareaelection and the election shall be conducted by the county commissioner of elections pursuant to chap- ters 39 to through 53 and section 277.20.

Sec. 6. Section 260C.22, subsection 1, paragraph a, Code 2007, is amended to read as fol- lows: a. In addition to the tax authorized under section 260C.17, the voters in any a merged area

may at the annual regular school election vote a tax not exceeding twenty and one-fourth cents per thousand dollars of assessed value in any one year for a period not to exceed ten years for the purchase of grounds, construction of buildings, payment of debts contracted for the con- struction of buildings, purchase of buildings and equipment for buildings, and the acquisition of libraries, for the purpose of paying costs of utilities, and for the purpose of maintaining, re- modeling, improving, or expanding the community college of the merged area. If the tax levy is approved under this section, the costs of utilities shall be paid from the proceeds of the levy. The tax shall be collected by the county treasurers and remitted to the treasurer of themerged area as provided in section 331.552, subsection 29. The proceeds of the tax shall be deposited in a separate and distinct fund to be known as the voted tax fund, to be paid out uponwarrants drawn by the president and secretary of the board of directors of the merged area district for the payment of costs incurred in providing the school facilities for which the tax was voted.

Sec. 7. Section 273.8, subsections 1 and 7, Code 2007, are amended to read as follows: 1. BOARDOF DIRECTORS. The board of directors of an area education agency shall con-

sist of not less than fivenormore thanninemembers, eacha resident of and elected in theman- ner provided in this section from a director district that is approximately equal in population to the other director districts in the area education agency. Each director shall serve a three- year four-year term which commences at the organization meeting. 7. BOUNDARY LINE CHANGES. To the extent possible the board shall provide that

changes in the boundary lines of director districts of area education agencies shall not length- en or diminish the term of office of a director of an area education agency board. Initial terms of office shall be set by the board so that as nearly as possible the terms of one-third one-half of the members expire annually biennially.

Sec. 8. Section 273.8, subsection 2, paragraphs a and b, Code 2007, are amended to read as follows: a. Notice of the election shall be published by the area education agency administrator not

later than July 15 of the odd-numbered year in at least one newspaper of general circulation in the director district. The cost of publication shall be paid by the area education agency. b. A candidate for election to the area educationagencyboard shall file a statement of candi-

dacy with the area education agency secretary not later than August 15 of the odd-numbered year, on forms prescribed by the department of education. The statement of candidacy shall include the candidate’s name, address, and school district. The list of candidates shall be sent by the secretary of the area education agency in ballot form by certified mail to the presidents of the boards of directors of all school districts within the director district not later than Sep- tember 1. In order for the ballot to be counted, the ballot must be received in the secretary’s office by the end of the normal business day on September 30 or be clearly postmarked by an

389 LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSION CH. 1115

officially authorized postal service not later than September 29 and received by the secretary not later than noon on the first Monday following September 30.

Sec. 9. Section 273.8, subsection 4, unnumbered paragraph 1, Code 2007, is amended to read as follows: Theboard of directors of each area education agency shallmeet and organize at the first reg-

ular meeting in October of each year following the regular school election at a suitable place designated by the president. Directors whose terms commence at the organization meeting shall qualify by taking the oath of office required by section 277.28 at or before the organiza- tion meeting.

Sec. 10. Section 274.7, Code 2007, is amended to read as follows: 274.7 DIRECTORS. The affairs of each school corporation shall be conducted by a board of directors, the mem-

bers of which in all community or independent school districts shall be chosen for a term of three four years.

Sec. 11. Section 275.1, subsections 2 and 5, Code 2007, are amended to read as follows: 2. “Initial board” means the board of a newly reorganized district that is selected pursuant

to section 275.25 or 275.41 and functions until the organizationalmeeting following the fourth third regular school election held after the effective date of the reorganization. 5. “Regular board” means the board of a reorganized district that begins to function at the

organizational meeting following the fourth third regular school election held after the effec- tive date of the school reorganization, and is comprised of members who were elected to the current terms or were appointed to replace members who were elected.

Sec. 12. Section 275.12, subsection 2, Code 2007, is amended to read as follows: 2. The petition filed under subsection 1 shall also state the name of the proposed school dis-

trict and the number of directors whichmay be either five or seven and themethod of election of the school directors of the proposed district. The method of election of the directors shall be one of the following optional plans: a. Election at large from the entire district by the electors of the entire district. b. Divisionof the entire school district into designatedgeographical single director ormulti-

director subdistricts on the basis of population for each director, to be known as director dis- tricts, each of which director districts shall be represented on the school board by one ormore directors who shall be residents of the director district but who shall be elected by the vote of the electors of the entire school district. The boundaries of the director districts and the area and population included within each district shall be such as justice, equity, and the interests of the people may require. Changes in the boundaries of director districts shall not be made during a period commencing sixty days prior to the date of the annual regular school election. Insofar As far as may be practicable, the boundaries of the districts shall follow established political or natural geographical divisions. c. Election of not more than one-half of the total number of school directors at large from

the entire district and the remainingdirectors fromandas residents of designated single-mem- ber or multimember director districts into which the entire school district shall be divided on the basis of population for each director. In such case, all directors shall be elected by the elec- tors of the entire school district. Changes in the boundaries of director districts shall not be made during a period commencing sixty days prior to the date of the annual regular school election. d. Divisionof the entire school district into designatedgeographical single director ormulti-

director subdistricts on the basis of population for each director, to be known as director dis- tricts, each of which director districts shall be represented on the school board by one ormore directors who shall be residents of the director district and who shall be elected by the voters of the director district. Place of voting in the director districts shall be designated by the com-

390LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSIONCH. 1115

missioner of elections. Changes in the boundaries of director districts shall not be made dur- ing a period commencing sixty days prior to the date of the annual regular school election. e. In districts having seven directors, election of three directors at large by the electors of

the entire district, one no more than two at each annual regular school election, and election of the remaining directors as residents of and by the electors of individual geographic subdis- tricts established on the basis of population and identified as director districts, no more than twoat each regular school election. Boundaries of the subdistricts shall followprecinct bound- aries, insofar as far as practicable, and shall not be changed less than sixty days prior to the annual regular school election.

Sec. 13. Section 275.25, subsection 3, Code 2007, is amended to read as follows: 3. The directors who are elected and qualify to serve shall serve until their successors are

elected andqualify. At the special election, the threenewly electeddirector directors receiving themost votes shall be elected to serve until the director’s successor qualifies their successors qualify after the fourth third regular school election date occurring after the effective date of the reorganization; and the two newly elected directors receiving the next largest number of votes shall be elected to serveuntil thedirectors’ successors qualify after the third second regu- lar school election date occurring after the effective date of the reorganization; and the two newly elected directors receiving the next largest number of votes shall be elected to serve un- til the directors’ successors qualify after the second regular school election date occurring af- ter the effective date of the reorganization. However, in districts that include all or a part of a city of fifteen thousand ormore population and in districts in which the proposition to estab- lish a new corporation provides for the election of seven directors, the three newly elected di- rectors receiving themost votes shall be elected to serve until the directors’ successors qualify after the fourth regular school electiondateoccurringafter theeffectivedateof the reorganiza- tion timelines specified in this subsection for the terms of office apply to the four newly elected directors receiving the most votes and then to the three newly elected directors receiving the next largest number of votes.

Sec. 14. Section 275.37, Code 2007, is amended to read as follows: 275.37 INCREASE IN NUMBER OF DIRECTORS. At the next succeeding annual regular school election in a district where the number of di-

rectors has been increased from five to seven, and directors are elected at large, there shall be elected a director to succeed each incumbent director whose term is expiring in that year, and two additional directors. Upon organizing as required by section 279.1, either one or two of the newly elected director directors who received the fewest votes in the election shall be as- signed a term of either one year or two years if as necessary in order that as nearly as possible one-third one-half of the members of the board shall be elected each year biennially. If some or all directors are elected from director districts, the board shall assign terms appropriate for the method of election used by the district.

Sec. 15. Section 275.37A, Code 2007, is amended to read as follows: 275.37A DECREASE IN NUMBER OF DIRECTORS. 1. A change from seven to five directors shall be effected in a district at the first regular

school election after authorization by the voters in the following manner: a. If at the first election in the district there are three four terms expiring, one director three

directors shall be elected. At the secondelection in that district, if two three termsareexpiring, two directors shall be elected. At the third election in that district, if there are two terms expir- ing, two directors shall be elected. b. If at the first election there are two three terms expiring, no two directors shall be elected.

At the second election in that district, if two four terms are expiring, two three directors shall be elected. At the third election in that district, if there are three termsexpiring, threedirectors shall be elected, two for three years and one for one year. The newly elected director who re- ceived the fewest votes in the election shall be assigned a term of one year.

391 LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSION CH. 1115

c. If at the first election there are two terms expiring, no directors shall be elected. At the second election in that district, if three terms are expiring, three directors shall be elected, two for three years andone for twoyears. Thenewly electeddirectorwho received the fewest votes in the election shall be assigneda termof twoyears. At the third election in that district, if there are two terms expiring, two directors shall be elected. 2. If some or all of the directors are elected from director districts, the board shall devise a

plan to reduce the number of members so that as nearly as possible one-third one-half of the members of the board shall be elected each year biennially and so that each districtwill be con- tinuously represented.

Sec. 16. Section 275.38, Code 2007, is amended to read as follows: 275.38 IMPLEMENTING CHANGED METHOD OF ELECTION. If change in the method of election of school directors is approved at a regular or special

school election, the directors whowere serving unexpired terms or were elected concurrently with approval of the change of method shall serve out the terms for which they were elected. If the plan adopted is that described in section 275.12, subsection 2, paragraph “b,” “c,” “d,” or “e,” “b”, “c”, “d”, or “e”, the board shall at the earliest practicable time designate the districts fromwhich residents are tobeelectedas school directors at eachof thenext three twosucceed- ing annual regular school elections, arranging so far as possible for elections of directors as residents of the respectivedistricts to coincidewith the expirationof termsof incumbentmem- bers residing in those districts. If an increase in the size of the board from five to seven mem- bers is approved concurrently with the change in method of election of directors, the board shall make the necessary adjustment in the manner prescribed in section 275.37, as well as providing for implementation of the districting plan under this section.

Sec. 17. Section 275.41, subsection 3, Code 2007, is amended to read as follows: 3. Prior to the effective date of the reorganization, the initial board shall approve a plan that

commences at the second first regular school election held after the effective date of themerg- er and is completed at the fourth third regular school election held after the effective date of the merger, to replace the initial board with the regular board. If the petition specifies a num- ber of directors on the regular board to be different from the number of directors on the initial board, the plan shall provide that the number specified in the petition for the regular board is in place by the time the regular board is formed. The plan shall provide that as nearly as pos- sible one-third one-half of themembers of the board shall be elected each year biennially, and if a special election was held to elect a member to create an odd number of members on the board, the term of that member shall end at the organizational meeting following the fourth third regular school election held after the effective date.

Sec. 18. Section 277.1, Code 2007, is amended to read as follows: 277.1 REGULAR ELECTION. The regular election shall be held annually biennially on the second Tuesday in September

of each odd-numbered year in each school district for the election of officers of the district and merged area and for the purpose of submitting to the voters any matter authorized by law.

Sec. 19. Section 277.25, Code 2007, is amended to read as follows: 277.25 DIRECTORS IN NEW DISTRICTS. At the first election in newly organized districts the directors shall be elected as follows: 1. In districts having three directors, one director twodirectors shall be elected for one year,

one for two years, and one for three four years. 2. In districts having five directors, two three shall be elected for one year, two for twoyears,

and one two for three four years. 3. In districts having seven directors, two four shall be elected for one year, two for two

years, and three for three four years.

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Sec. 20. Section 278.2, unnumbered paragraph 2, Code 2007, is amended to read as fol- lows: Petitions filed under this section shall be filed with the secretary of the school board at least

seventy-five days before the date of the annual regular school election, if the question is to be included on the ballot at that election. The petition shall include the signatures of the petition- ers, a statement of their place of residence, and the date on which they signed the petition.

Sec. 21. EFFECTIVE DATE, APPLICABILITY, AND TRANSITION. This division of this Act, being deemed of immediate importance, takes effect upon enactment, for purposes of the transition from election of directors of community and independent school districts, merged areas, and area education agencies annually for terms of three years each to the staggered election of such directors biennially for terms of four years each. This Act shall be applied so that the first election at which directors, due to the expiration of predecessor director terms, shall be elected to serve regular four-year terms is the regular school election held in Septem- ber 2009 or the director district conventions held in September 2009. The board of directors of each affected school district and eachmerged area and area educa-

tion agency shall review the expiration dates of the terms of office of its directors and shall adopt by resolution a plan for shortening or lengthening terms of members for the annual school election or director district convention held in September 2007 and September 2008 so that all members whose terms expire at the regular school election or director district conven- tion held in September 2009 will be elected to four-year terms with the remaining members of the boardhaving their terms expire at the regular school election or director district conven- tion held in September 2011. The board shall submit a copy of the resolution adopting its plan to the office of the state commissioner of elections no later than August 1, 2008. In developing the plan, the board of directors shall take into consideration the terms for which themembers were elected and the number of votes themembers received in relation to the number of votes other candidates received at the applicable election or director district convention.

DIVISION II VOTING CENTERS FOR CERTAIN ELECTIONS

Sec. 22. Section 49.9, Code 2007, is amended to read as follows: 49.9 PROPER PLACE OF VOTING. NoExcept as provided in section 49.11, subsection 1A, a person shall not vote in anyprecinct

but that of the person’s residence.

Sec. 23. Section 49.11, Code 2007, is amended by adding the following new subsection: NEW SUBSECTION. 1A. a. Establish voting centers for the regular city election, city pri-

mary election, city runoff election, regular school election, and special elections. Any regis- tered voter who is eligible to vote in the regular city election may vote at any voting center in the city. Any registered voter who is eligible to vote at the regular school election may vote at any voting center in the school district. Any registered voter who is eligible to vote in a spe- cial election may vote at any voting center established for that special election. For purposes of section 48A.7A, a voting center shall be considered the polling place for the precinct in which a person resides. b. The county commissioner of elections shall designate the location of each voting center

to be used in the election. c. A voting center designated under this subsection is subject to the requirements of section

49.21 relating to accessibility to persons who are elderly and persons with disabilities and re- lating to the posting of signs. The location of each voting center shall be publishedby the coun- ty commissioner of elections in the same manner as the location of polling places is required to be published. d. Pursuant to section 39A.2, subsection 1, paragraph “b”, subparagraph (3), a person com-

mits the crime of election misconduct in the first degree if the person knowingly votes or at- tempts to vote at more than one voting center for the same election.

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DIVISION III DATES OF SPECIAL ELECTIONS

Sec. 24. Section 39.2, Code 2007, is amended by adding the following new subsection: NEWSUBSECTION. 4. Unless otherwise provided by law, special elections on publicmea-

sures are limited to the following dates: 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, the first Tuesday in May, or the first Tuesday in August of each year. 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, the first Tuesday in May, or the first Tuesday in August of each year. c. For a school district ormergedarea, in theodd-numberedyear, the first Tuesday inFebru-

ary, the first Tuesday in April, the last Tuesday in June, or the second Tuesday in September. For a school district ormerged area, in the even-numbered year, the first Tuesday in February, the first Tuesday inApril, the secondTuesday in September, or the first Tuesday inDecember.

Sec. 25. Section 47.6, subsection 1, unnumbered paragraph 1, Code 2007, is amended to read as follows: The governing body of any a political subdivision which has authorized a special election

to which section 39.2 is, subsections 1, 2, and 3, are applicable shall by written notice inform the commissioner who will be responsible for conducting the election of the proposed date of the special election. If a public measure will appear on the ballot at the special election the governing body shall submit the complete text of the publicmeasure to the commissionerwith the notice of the proposed date of the special election.

Sec. 26. Section 47.6, Code 2007, is amended by adding the following new subsection: NEW SUBSECTION. 3. a. A city council or a county board of supervisors that has autho-

rized a public measure to be submitted to the voters at a special election held pursuant to sec- tion 39.2, subsection 4, shall file the full text of the public measure with the commissioner no later than five p.m. on the forty-sixth day before the election. b. If there are vacancies in county offices to be filled at the special election, candidates shall

file their nomination papers with the commissioner not later than five p.m. on the forty-sixth day before the election. c. If there are vacancies in city offices to be filled at the special election, candidates shall file

their nomination papers with the city clerk not later than five p.m. on the forty-seventh day before the election. The city clerk shall deliver the nomination papers to the commissioner not later than five p.m. on the forty-sixth day before the election. Candidates for city offices in cit- ies in which a primary election may be necessary shall file their nomination papers with the city clerk not later than five p.m. on the fifty-fourth day before the election. The city clerk shall deliver the nomination papers to the commissioner not later than five p.m. on the fifty-third day before the election.

Sec. 27. Section 69.12, subsection 1, paragraph a, Code 2007, is amended to read as fol- lows: a. A vacancy shall be filled at the next pending election if it occurs: (1) Seventy-four or more days before the election, if it is a general election. (2) Fifty-two or more days before the election, if it is a regularly scheduled or special city

election. However, for those cities which may be required to hold a primary election, the va- cancy shall be filled at the next pending election if it occurs seventy-three ormore days before a regularly scheduled city election or fifty-nine or more days before a special city election. (3) Forty-five or more days before the election, if it is a regularly scheduled school election. (4) Forty Sixty or more days before the election, if it is a special election.

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Sec. 28. Section 69.12, subsection 1, paragraph b, subparagraph (2), Code 2007, is amend- ed to read as follows: (2) The candidate filing deadline specified in section376.4 for a regularly scheduled the reg-

ular city election or the filing deadline specified in section 372.13, subsection 2, for a special city election.

Sec. 29. Section 75.1, unnumbered paragraph 3, Code 2007, is amended to read as follows: When a proposition to authorize an issuance of bonds has been submitted to the electors un-

der this section and the proposal fails to gain approval by the required percentage of votes, such proposal, or any proposal which incorporates any portion of the defeated proposal, shall not be submitted to the electors for a period of sixmonths from the date of such regular or spe- cial election andmay only be submitted on a date specified in section 39.2, subsection 4, para- graph “a”, “b”, or “c”, as applicable.

Sec. 30. Section 99F.7, subsection 11, paragraphs a and c, Code Supplement 2007, are amended to read as follows: a. A license to conduct gambling games on an excursion gambling boat in a county shall be

issued only if the county electorate approves the conduct of the gambling games as provided in this subsection. The board of supervisors, upon receipt of a valid petition meeting the re- quirements of section331.306, shall direct the commissioner of elections to submit to the regis- tered voters of the county a proposition to approve or disapprove the conduct of gambling games on an excursion gambling boat in the county. The proposition shall be submitted at a general election or at a special an election called for that purpose held on a date specified in section 39.2, subsection 4, paragraph “a”. To be submitted at a general election, the petition must be received by the board of supervisors at least five working days before the last day for candidates for county offices to file nominationpapers for thegeneral electionpursuant to sec- tion 44.4. If amajority of the county voters voting on the proposition favor the conduct of gam- bling games, the commission may issue one or more licenses as provided in this chapter. If a majority of the county voters voting on the proposition do not favor the conduct of gambling games, a license to conduct gambling games in the county shall not be issued. c. If a licensee of a pari-mutuel racetrackwho held a valid license issued under chapter 99D

as of January 1, 1994, requests a license to operate gambling gamesas provided in this chapter, the board of supervisors of a county in which the licensee of a pari-mutuel racetrack requests a license to operate gambling games shall submit to the county electorate a proposition to ap- prove or disapprove the operation of gambling games at pari-mutuel racetracks at a special an election at the earliest practicable time held on a date specified in section 39.2, subsection 4, paragraph “a”. If the operation of gambling games at the pari-mutuel racetrack is not ap- proved by amajority of the county electorate voting on the proposition at the election, the com- mission shall not issue a license to operate gambling games at the racetrack.

Sec. 31. Section 145A.7, Code 2007, is amended to read as follows: 145A.7 SPECIAL ELECTION. When a protesting petition is received, the officials receiving the petition shall call a special

election of all registered voters of that political subdivision for the purpose upon the question of approving or rejecting the order setting out the proposed merger plan. The election shall be held on a date specified in section 39.2, subsection 4, paragraph “a” or “b”, as applicable. The votewill be takenbyballot in the formprovided by sections 49.43 to 49.47, and the election shall be initiated and held as provided in chapter 49. Amajority vote of those registered voters voting at said the special election shall be sufficient to approve the order and thus include the political subdivision within the merged area.

Sec. 32. Section 257.18, subsection 1, Code 2007, is amended to read as follows: 1. An instructional support program that provides additional funding for school districts is

established. A board of directors thatwishes to consider participating in the instructional sup- port program shall hold a public hearing on the question of participation. The board shall set forth its proposal, including the method that will be used to fund the program, in a resolution

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and shall publish the notice of the time and place of a public hearing on the resolution. Notice of the time and place of the public hearing shall be published not less than ten nor more than twenty days before the public hearing in a newspaperwhich is a newspaper of general circula- tion in the school district. At the hearing, or no later than thirty days after the date of the hear- ing, the board shall take action to adopt a resolution to participate in the instructional support program for aperiodnot exceeding five years or to direct the county commissioner of elections to submit the question of participation in the program for a period not exceeding ten years to the registered voters of the school district at the next regular school election or at a special an election held on a date specified in section 39.2, subsection 4, paragraph “c”. If the board sub- mits the question at an election and amajority of those voting on the question favors participa- tion in the program, the board shall adopt a resolution to participate and certify the results of the election to the department of management.

Sec. 33. Section 257.18, subsection 2, unnumbered paragraph 1, Code 2007, is amended to read as follows: If the board does not provide for an election and adopts a resolution to participate in the in-

structional support program, the district shall participate in the instructional support program unless within twenty-eight days following the action of the board, the secretary of the board receives a petition containing the required number of signatures, asking that an election be called the question to approve or disapprove the action of the board in adopting the instruc- tional support program be submitted to the voters of the school district. The petition must be signed by eligible electors equal in number to not less than one hundred or thirty percent of the number of voters at the last preceding regular school election, whichever is greater. The board shall either rescind its action or direct the county commissioner of elections to submit the question to the registered voters of the school district at the next following regular school election or a special an election held on a date specified in section 39.2, subsection 4, para- graph “c”. If a majority of those voting on the question at the election favors disapproval of the action of the board, the district shall not participate in the instructional support program. If amajority of those voting on the question favors approval of the action, the board shall certi- fy the results of the election to the department ofmanagement and the district shall participate in the program.

Sec. 34. Section 257.29, unnumbered paragraph 1, Code 2007, is amended to read as fol- lows: An educational improvement program is established to provide additional funding for

school districts in which the regular program district cost per pupil for a budget year is one hundred ten percent of the regular program state cost per pupil for the budget year andwhich have approved the use of the instructional support program established in section 257.18. A board of directors that wishes to consider participating in the educational improvement pro- gram shall hold a hearing on the question of participation and the maximum percent of the regular program district cost of the district that will be used. The hearing shall be held in the manner provided in section 257.18 for the instructional support program. Following the hear- ing, the board may direct the county commissioner of elections to submit the question to the registered voters of the school district at the next following regular school election or a special an election held not later than the following February 1 on a date specified in section 39.2, sub- section 4, paragraph “c”. If a majority of those voting on the question favors participation in the program, the board shall adopt a resolution to participate and shall certify the results of the election to the department ofmanagement and thedistrict shall participate in the program. If a majority of those voting on the question does not favor participation, the district shall not participate in the program.

Sec. 35. Section 257.29, unnumbered paragraph 5, Code 2007, is amended to read as fol- lows: Once approved at an election, the authority of the board to use the educational improvement

program shall continue until the board votes to rescind the educational improvement program

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or the voters of the school district by majority vote order the discontinuance of the program. The board shall call submit at an election to vote on held on a date specified in section 39.2, subsection 4, paragraph “c”, the proposition whether to discontinue the program upon the re- ceipt of a petition signed by not less than one hundred eligible electors or thirty percent of the number of electors voting at the last preceding school election, whichever is greater.

Sec. 36. Section 260C.28, subsection 3, Code 2007, is amended to read as follows: 3. If the board of directors wishes to certify for a levy under subsection 2, the board shall

direct the county commissioner of elections to call an election to submit the question of such authorization for the board at a regular or special an electionheld on a date specified in section 39.2, subsection 4, paragraph “c”. If a majority of those voting on the question at the election favors authorization of the board to make such a levy, the board may certify for a levy as pro- vided under subsection 2 during each of the ten years following the election. If a majority of those voting on the question at the election does not favor authorization of the board to make a levy under subsection 2, the board shall notmay submit the question to the voters again until three hundred fifty-five days have elapsed from the at an election held on a date specified in section 39.2, subsection 4, paragraph “c”.

Sec. 37. Section 260C.39, unnumbered paragraph 1, Code 2007, is amended to read as fol- lows: Any merged area may combine with any adjacent merged area after a favorable vote by the

electors of each of the areas involved. If the boards of directors of two or more merged areas agree to a combination, the question shall be submitted to the electors of each area at a special an election to be held on a date specified in section 39.2, subsection 4, paragraph “c” and held on the same day in each area. The special election shall not be held within thirty days of any general election. Prior to the special election, the board of each merged area shall notify the county commissioner of elections of the county inwhich the greatest proportion of themerged area’s taxable base is located who shall publish notice of the election according to section 49.53. The two respective county commissioners of elections shall conduct the election pursu- ant to the provisions of chapters 39 to 53. The votes cast in the election shall be canvassed by the county board of supervisors and the county commissioners commissioner of electionswho conducted the election of each county in themerged areas shall certify the results to the board of directors of each merged area.

Sec. 38. Section 275.18, unnumbered paragraph 1, Code 2007, is amended to read as fol- lows: When the boundaries of the territory to be included in a proposed school corporation and

the number andmethod of the election of the school directors of the proposed school corpora- tion have been determined as provided in this chapter, the area education agency administra- tor with whom the petition is filed shall give written notice of the proposed date of the election to the county commissioner of elections of the county in the proposed school corporation which has the greatest taxable base. The proposed date shall be as soon as possible pursuant to section 39.2, subsections 1 and 2, and section 47.6, subsections 1 and 2, but not later than November 30 of question shall be submitted to the voters at an election held on a date specified in section 39.2, subsection 4, paragraph “c” in the calendar year prior to the calendar year in which the reorganization will take effect.

Sec. 39. Section 275.23A, subsection 2, Code 2007, is amended to read as follows: 2. Following each federal decennial census the school board shall determine whether the

existing director district boundaries meet the standards in subsection 1 according to themost recent federal decennial census. In addition to the authority granted to voters to change the number of directors or method of election as provided in sections 275.35, 275.36, and 278.1, the board of directors of a school district may, following a federal decennial census, by resolu- tion and in accordance with this section, authorize a change in the method of election as set

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forth in section275.12, subsection2, or a change toeither five or sevendirectors after theboard conducts a hearing on the resolution. If the board proposes to change the number of directors from seven to five directors, the resolution shall include a plan for reducing the number of di- rectors. If the board proposes to increase thenumber of directors to sevendirectors, twodirec- tors shall be added according to the procedure described in section 277.23, subsection 2. If necessary, the board of directors shall redraw the director district boundaries. The director district boundaries shall be described in the resolution adopted by the school board. The reso- lution shall be adoptedno earlier thanNovember 15of the year immediately following the year in which the federal decennial census is taken nor later thanMay 15 of the second year imme- diately following the year in which the federal decennial census is taken. A copy of the plan shall be filed with the area education agency administrator of the area education agency in which the school’s electors reside. If the board does not provide for an election as provided in sections 275.35, 275.36, and 278.1 and adopts a resolution to change the number of directors or method of election in accordance with this subsection, the district shall change the number of directors or method of election as provided unless, within twenty-eight days following the action of the board, the secretary of the board receives a petition containing the required num- ber of signatures, asking that an election be called to approve or disapprove the action of the board in adopting the resolution. Thepetitionmust be signedby eligible electors equal innum- ber to not less than one hundred or thirty percent of the number of voters at the last preceding regular school election,whichever is greater. The board shall either rescind its action or direct the county commissioner of elections to submit the question to the registered voters of the school district at the next following regular school election or a special an election held on a date specified in section 39.2, subsection 4, paragraph “c”. If a majority of those voting on the question at the election favors disapproval of the action of the board, the district shall not change thenumber of directors ormethod of election. If amajority of those voting on the ques- tion does not favor disapproval of the action, the board shall certify the results of the election to the department of management and the district shall change the number of directors or method of election as provided in this subsection. At the expiration of the twenty-eight-day period, if no petition is filed, the board shall certify its action to the department ofmanagement and the district shall change the number of directors or method of election as provided in this subsection.

Sec. 40. Section 275.24, Code 2007, is amended to read as follows: 275.24 EFFECTIVE DATE OF CHANGE. When a school district is enlarged, reorganized, or changes its boundary pursuant to sec-

tions 275.12 to 275.22, the change shall take effect on July 1 following the date of the reorgani- zation election held pursuant to section 275.18 if the election was held by the prior November 30. Otherwise the change shall take effect on July 1 one year later.

Sec. 41. Section 275.35, unnumbered paragraph 1, Code 2007, is amended to read as fol- lows: Any existing or hereafter created or enlarged A school district may change the number of

directors to either five or seven andmay also change its method of election of school directors to anymethod authorized by section 275.12 by submission of a proposal, stating the proposed new method of election, by the school board of such district to the electors at any regular or special school an election held on a date specified in section 39.2, subsection 4, paragraph “c”. The school board shall notify the county commissioner of elections who shall publish notice of the election in themanner provided in section 49.53. The election shall be conducted pursu- ant to chapters 39 to through 53 by the county commissioner of elections. Such proposal shall be adopted if it is approved by a majority of the votes cast on the proposition.

Sec. 42. Section 275.36, unnumbered paragraph 1, Code 2007, is amended to read as fol- lows: If a petition for a change in the number of directors or in the method of election of school

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directors is filed with the school board of a school district pursuant to the requirements of sec- tion 278.2, the school board shall submit such proposition to the voters at the regular school an election or a special election held not later than February 1 held on a date specified in sec- tion 39.2, subsection 4, paragraph “c”. The petition shall be accompanied by an affidavit as required by section 275.13. If a proposition for a change in the number of directors or in the method of election of school directors submitted to the voters under this section is rejected, it shall not be resubmitted to the voters of the district in substantially the same formwithin the next three years; if it is approved, no other proposal may be submitted to the voters of the dis- trict under this section within the next six years.

Sec. 43. Section 275.38, Code 2007, is amended to read as follows: 275.38 IMPLEMENTING CHANGED METHOD OF ELECTION. If change in the method of election of school directors is approved at a regular or special

school an election, the directors who were serving unexpired terms or were elected concur- rently with approval of the change of method shall serve out the terms for which they were elected. If the plan adopted is that described in section 275.12, subsection 2, paragraph “b,” “c,” “d,” or “e,” “b”, “c”, “d”, or “e”, the board shall at the earliest practicable time designate the districts from which residents are to be elected as school directors at each of the next three succeeding annual school elections, arranging so far as possible for elections of directors as residents of the respectivedistricts to coincidewith the expirationof termsof incumbentmem- bers residing in those districts. If an increase in the size of the board from five to seven mem- bers is approved concurrently with the change in method of election of directors, the board shall make the necessary adjustment in the manner prescribed in section 275.37, as well as providing for implementation of the districting plan under this section.

Sec. 44. Section 275.55, unnumbered paragraphs 1 and 2, Code 2007, are amended to read as follows: The After the final hearing on the dissolution proposal, the board of the school district shall

call a special election to be held not later than forty days following the date of the final hearing on the dissolution proposal submit the proposition to the voters at an election held on a date specified in section 39.2, subsection 4, paragraph “c”. The special election may be held at the same time as the regular school election. The proposition submitted to the voters residing in the school district at the special election shall describe each separate area to be attached to a contiguous school district and shall name the school district to which it will be attached. In addition to the description, a mapmay be included in the summary of the question on the bal- lot. Theboard shall givewrittennotice of theproposeddate of theelection to the county commis-

sioner of elections. The proposed date shall be pursuant to section 39.2, subsections 1 and 2 and section 47.6, subsections 1 and 2. The county commissioner of elections shall give notice of the electionby onepublication in the samenewspaper inwhich theprevious noticewaspub- lished about the hearing, which publication shall not be less than four nor more than twenty days prior to the election.

Sec. 45. Section 277.2, Code 2007, is amended by striking the section and inserting in lieu thereof the following: 277.2 ELECTIONS ON PUBLIC MEASURES. Unless otherwise stated, the date of an election on a public measure authorized to be held

by a school district is limited to the dates specified in section 39.2, subsection 4, paragraph “c”.

Sec. 46. Section 278.1, unnumbered paragraph 2, Code 2007, is amended to read as fol- lows: The board may, with approval of sixty percent of the voters, voting in a regular or special

an election in the school district, make extended time contracts not to exceed twenty years in duration for rental of buildings to supplement existing schoolhouse facilities; and where it is deemed advisable for buildings to be constructed or placed on real estate owned by the school district, these contracts may include lease-purchase option agreements, the amounts to be

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paid out of the physical plant and equipment levy fund. The election shall be held on a date specified in section 39.2, subsection 4, paragraph “c”.

Sec. 47. Section 279.39, Code 2007, is amended to read as follows: 279.39 SCHOOL BUILDINGS. The board of any school corporation shall establish attendance centers and provide suitable

buildings for each school in the district and may at the regular or a special meeting call a spe- cial election resolve to submit to the registered voters of the district at an election held on a date specified in section39.2, subsection4, paragraph “c”, thequestionof votinga taxor autho- rizing the board to issue bonds, or both.

Sec. 48. Section 297.11, Code 2007, is amended to read as follows: 297.11 USE FORBIDDEN. If at any time the voters of such district at a regular election forbid such use of any such

schoolhouse or grounds, the board shall not thereafter permit such use until the said action of such voters shall have been is rescinded by the voters at a regular an election, or at a special electioncalled for that purposeheldonadate specified in section39.2, subsection4, paragraph “c”.

Sec. 49. Section 298.9, Code 2007, is amended to read as follows: 298.9 SPECIAL LEVIES. If the voter-approvedphysical plant and equipment levy, consisting solely of a physical plant

and equipment property tax levy, is voted at a special approved by the voters at the regular school election and certified to the board of supervisors after the regular levy is made, the board shall at its next regular meeting levy the tax and cause it to be entered upon the tax list to be collected as other school taxes. If the certification is filed prior toMay 1, the annual levy shall beginwith the tax levy of the year of filing. If the certification is filed afterMay 1 in a year, the levy shall beginwith the levy of the fiscal year succeeding the year of the filing of the certifi- cation.

Sec. 50. Section 298.18, unnumbered paragraphs 4 and 6, Code 2007, are amended to read as follows: The amount estimated and certified to apply on principal and interest for any one year may

exceed two dollars and seventy cents per thousand dollars of assessed value by the amount approved by the voters of the school corporation, but not exceeding four dollars and five cents per thousand of the assessed value of the taxable property within any school corporation, pro- vided that the registered voters of such school corporation have first approved such increased amount at a special election, whichmay be held at the same time as the regular school an elec- tion held on a date specified in section 39.2, subsection 4, paragraph “c”. The proposition sub- mitted to the voters at such special election shall be in substantially the following form: Notice of the election shall be given by the county commissioner of elections according to

section 49.53. The election shall be held on a date not less than four normore than twenty days after the last publication of the notice. At such election the ballot used for the submission of said proposition shall be in substantially the form for submitting special questions at general elections. The county commissioner of elections shall conduct the election pursuant to the provisions of chapters 39 to through 53 and certify the results to the board of directors. Such The proposition shall not be deemed carried or adopted unless the vote in favor of such propo- sition is equal to at least sixty percent of the total vote cast for and against said the proposition at said the election. Whenever such a proposition has been approved by the voters of a school corporationashereinbeforeprovided,no further approval of thevoters of such school corpora- tion shall be required as a result of any subsequent change in the boundaries of such school corporation.

Sec. 51. Section 298.18A, subsection 2, Code 2007, is amended to read as follows: 2. The adjustment shall not result in a total amount levied in excess of the two dollar and

seventy cent per thousand dollars of assessed valuation limit provided in section 298.18. An

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adjustment in excess of the twodollar and seventy cent per thousanddollars of assessed valua- tion limit shall be subject to the special election provisions for increases of up to four dollars and five cents per thousand dollars of assessed valuation provisions of section 298.18.

Sec. 52. Section 298.21, unnumbered paragraph 1, Code 2007, is amended to read as fol- lows: Theboardofdirectors of any school corporationwhenauthorizedby thevotersat the regular

an election or at a special election called for that purpose held on a date specified in section 39.2, subsection 4, paragraph “c”, may issue the negotiable, interest-bearing school bonds of said the corporation for borrowing money for any or all of the following purposes:

Sec. 53. Section 300.2, unnumbered paragraph 1, Code 2007, is amended to read as fol- lows: The board of directors of a school district may, and upon receipt of a petition signed by eligi-

ble electors equal in number to at least twenty-five percent of the number of voters at the last preceding school election, shall, direct the county commissioner of elections to submit to the registered voters of the school district the question of whether to levy a tax of not to exceed thirteen and one-half cents per thousand dollars of assessed valuation for public educational and recreational activities authorized under this chapter. If at the time of filing the petition, it is more than threemonths until the next regular school election, the board of directors shall submit the question at a special election within sixty days. Otherwise, the The question shall be submitted at the next regular school an election held on a date specified in section 39.2, sub- section 4, paragraph “c”.

Sec. 54. Section 330.17, unnumbered paragraph 1, Code 2007, is amended to read as fol- lows: The council of any city or countywhich owns or acquires an airportmay, and upon the coun-

cil’s receipt of a valid petition as provided in section 362.4, or receipt of a petition by the board of supervisors as provided in section 331.306 shall, at a regular city election or a general elec- tion if one is to be held within seventy-four days from the filing of the petition, or otherwise at a special an election called for that purpose held on a date specified in section 39.2, subsec- tion 4, paragraph “a” or “b”, as applicable, submit to the voters the question as to whether the management and control of the airport shall be placed in an airport commission. If amajority of the voters favors placing the management and control of the airport in an airport commis- sion, the commission shall be established as provided in this chapter.

Sec. 55. NEW SECTION. 331.309 ELECTIONS ON PUBLIC MEASURES. Unless otherwise stated, the dates of elections onpublicmeasures authorized in this chapter

are limited to those specified for counties in section 39.2.

Sec. 56. Section 346.27, subsection 10, unnumbered paragraph 1, Code 2007, is amended to read as follows: After the incorporation of an authority, and before the sale of any issue of revenue bonds,

except refunding bonds, the authority shall call an election to decide submit to the voters the question of whether the authority shall issue and sell revenue bonds. The ballot shall state the amount of the bonds and the purposes for which the authority is incorporated. All registered voters of the county shall be entitled to vote on the question. The question may be submitted at a general election or at a special an election held on a date specified in section 39.2, subsec- tion 4, paragraph “a” or “b”, as applicable. An affirmative vote of a majority of the votes cast on the question is required to authorize the issuance and sale of revenue bonds.

Sec. 57. Section 347.13, subsection 12, unnumbered paragraph 1, Code 2007, is amended to read as follows: Submit to the voters at any regular or special an election held on a date specified in section

39.2, subsection 4, paragraph “a”, a proposition to sell or lease any sites and buildings, except-

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ing those described in subsection 11 hereof, and upon such proposition being carried by ama- jority of the total number of votes cast at such election, may proceed to sell such property at either public or private sale, and apply the proceeds only for:

Sec. 58. Section 347.14, subsection 15, unnumbered paragraph 1, Code 2007, is amended to read as follows: Submit to the voters at a regular or special an electionheld on adate specified in section 39.2,

subsection 4, paragraph “a”, a proposition to sell or lease a county public hospital for use as a private hospital or as a merged area hospital under chapter 145A or to sell or lease a county hospital in conjunction with the establishment of a merged area hospital. The authorization of the board of hospital trustees submitting the propositionmay, but is not required to, contain conditions which provide for maintaining hospital care within the county, for the retention of county public hospital employees and staff, and for the continuation of the board of trustees for the purpose of carrying out provisions of contracts. The property listed in section 347.13, subsection 11, may be included in the proposition, but the proceeds from the property shall be used for the purposes listed in section 347.13, subsection 12, or for the purpose of providing health care for residents of the county. Proceeds from the sale or lease of the county hospital or other assets of the board of trustees shall not be used for the prepayment of health care ser- vices for residents of the countywith the purchaser or lessee of the county hospital or to under- write the sale or lease of the county hospital. The proposition submitted to the voters of the county shall not be set forth at length, but it shall be in substantially the following form:

Sec. 59. Section 347.23, unnumbered paragraph 1, Code 2007, is amended to read as fol- lows: Any hospital organized and existing as a city hospital may become a county hospital orga-

nized andmanaged as provided for in this chapter, upon a proposition for such purpose being submitted to and approved by amajority of the electors of both the city in which such hospital is located and of the county under whose management it is proposed that such hospital be placed, at any general or special election called for such purpose. The proposition shall be placedupon theballot by theboard of supervisorswhen requested byapetition signedby eligi- ble electors of the county equal in number to five percent of the votes cast for president of the UnitedStates or governor, as the casemaybe, at the last general election. Thepropositionmay shall be submitted at the next general election or at a special an election called for that purpose held on a date specified in section 39.2, subsection 4, paragraph “a”. Upon the approval of the proposition the hospital, its assets and liabilities, will become the property of the county and this chapter will govern its future management. The question shall be submitted in substan- tially the following form: “Shall the municipal hospital of . . . . . . . . . . . . . . , Iowa, be trans- ferred toandbecome thepropertyof, andbemanagedby thecountyof . . . . . . . . . . . . . . , Iowa?”

Sec. 60. Section 347.23A, subsection 1, Code 2007, is amended to read as follows: 1. A hospital established as a memorial hospital under chapter 37 or a county hospital sup-

ported by revenue bonds and organized under chapter 347Amay become, in accordance with the provisions of this section, a county hospital organized andmanaged as provided for in this chapter. If the hospital is established by a city as amemorial hospital, the citymust be located in the county which will own and manage the hospital. A proposition for the change must be submitted to and approved by amajority of the electors of the countywhichwill own andman- age the hospital as provided for in this chapter. In addition, if the hospital is amemorial hospi- tal organized by a city under chapter 37, the proposition must also be approved by a majority of the electors of that city. The propositionmay shall be submitted to the electors at any gener- al or special an election called by the county board of supervisors for this purpose and held on a date specified in section 39.2, subsection 4, paragraph “a”.

Sec. 61. NEW SECTION. 362.11 ELECTIONS ON PUBLIC MEASURES. Unless otherwise stated, the dates of elections on public measures authorized in the city

code are limited to those specified for cities in section 39.2.

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Sec. 62. Section 368.19, unnumbered paragraph 1, Code 2007, is amended to read as fol- lows: The committee shall approve or disapprove the petition or plan as amended, within ninety

days of the final hearing, and shall file its decision for record and promptly notify the parties to the proceeding of its decision. If a petition or plan is approved, the board shall set a date not less than thirty days normore than ninety days after approval for a special submit the pro- posal at an election on the proposal held on a date specified in section 39.2, subsection 4, para- graph “a” or “b”, whichever is applicable, and the county commissioner of elections shall con- duct the election. In a case of incorporation or discontinuance, registered voters of the territory or citymay vote, and the proposal is authorized if amajority of those voting approves it. In a case of annexation or severance, registered voters of the territory and of the city may vote, and the proposal is authorized if a majority of the total number of persons voting ap- proves it. In a case of consolidation, registered voters of each city to be consolidatedmay vote, and the proposal is authorized only if it receives a favorable majority vote in each city. The county commissioner of elections shall publish notice of the election as provided in section 49.53 and shall conduct the election in the same manner as other special city elections.

Sec. 63. Section 372.2, subsection 2, unnumbered paragraph 1, Code 2007, is amended to read as follows: Within fifteendays after receiving a valid petition, the council shall publish notice of the date

that a special city electionwill be held to determinewhether the city shall change to a different form of government. The election date shall be not more than sixty days after the publication as specified in section 39.2, subsection 4, paragraph “b”. If the next election date specified in that paragraph is more than sixty days after the publication, the council shall publish another notice fifteen days before the election. The notice shall include a statement that the filing of a petition for appointment of a home rule charter commissionwill delay the election until after the home rule charter commission has filed a proposed charter. Petition requirements and fil- ing deadlines shall also be included in the notice.

Sec. 64. Section 372.3, Code 2007, is amended to read as follows: 372.3 HOME RULE CHARTER. If a petition for appointment of a home rule charter commission is filed with the city clerk

not more than ten days after the council has published the first notice announcing the date of the special election on adoption of another form of government, the special election shall not be held until the charter proposed by the home rule charter commission is filed. Both forms must be published as provided in section 372.9 and submitted to the voters at the special elec- tion.

Sec. 65. Section 372.9, subsection 3, Code 2007, is amended to read as follows: 3. The proposed home rule charter must be submitted at a special city election on a date se-

lected by the mayor and council specified in section 39.2, subsection 4, paragraph “b”, and in accordance with section 47.6. However, the date of the election last publication must be not less than thirty normore than sixty days after before the last publication of the proposed home rule charter election.

Sec. 66. Section 372.13, subsection 11, unnumbered paragraph 1, Code Supplement 2007, is amended to read as follows: Council members shall be elected according to the council representation plans under sec-

tions 372.4 and 372.5. However, the council representation plan may be changed, by petition and election, to one of those described in this subsection. Upon receipt of a valid petition, as defined in section 362.4, requesting a change to a council representation plan, the council shall submit the question at a special city election to be held within sixty days. If a majority of the persons voting at the special election approves the changed plan, it becomes effective at the beginning of the term following the next regular city election. If a majority does not approve

403 LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSION CH. 1115

the changed plan, the council shall not submit another proposal to change a plan to the voters within the next two years.

Sec. 67. Section 376.2, unnumbered paragraph 2, Code 2007, is amended to read as fol- lows: Except as otherwise provided by state law or the city charter, terms for elective offices are

two years. However, the termof an elective officemay be changed to two or four years by peti- tion and election. Upon receipt of a valid petition as defined in section 362.4, requesting that the term of an elective office be changed, the council shall submit the question at a special city election to be held within sixty days after the petition is received. The special election shall be heldmore than ninety days before the regular city election if the change shall go into effect at the next regular city election. If a majority of the persons voting at the special election ap- proves the changed term, it becomes effective at the beginning of the term following the next regular city election. If a majority does not approve the changed term, the council shall not submit the same proposal to the voters within the next four years.

Sec. 68. Section 423B.1, subsection 5, Code Supplement 2007, is amended to read as fol- lows: 5. The county commissioner of elections shall submit the question of imposition of a local

option tax at a state general election or at a special an election held at any time other than the time of a city regular election on a date specified in section 39.2, subsection 4, paragraph “a”. The election shall not be held sooner than sixty days after publication of notice of the ballot proposition. The ballot proposition shall specify the type and rate of tax and in the case of a vehicle tax the classes that will be exempt and in the case of a local sales and services tax the date it will be imposed which date shall not be earlier than ninety days following the election. The ballot proposition shall also specify the approximate amount of local option tax revenues that will be used for property tax relief and shall contain a statement as to the specific purpose or purposes for which the revenues shall otherwise be expended. If the county board of super- visors decides under subsection 6 to specify a date onwhich the local option sales and services tax shall automatically be repealed, the date of the repeal shall also be specified on the ballot. The rate of the vehicle tax shall be in increments of one dollar per vehicle as set by the petition seeking to impose the tax. The rate of a local sales and services tax shall not bemore than one percent as set by the governing body. The state commissioner of elections shall establish by rule the form for the ballot proposition which form shall be uniform throughout the state.

Sec. 69. Section 423E.2, subsection 2, paragraph a, Code Supplement 2007, is amended to read as follows: a. Upon receipt by a county board of supervisors of a petition requesting imposition of a lo-

cal sales and services tax for infrastructure purposes, signed by eligible electors of the whole county equal in number to five percent of the persons in thewhole countywho voted at the last preceding state general election, the board shall within thirty days direct the county commis- sioner of elections to submit the question of imposition of the tax to the registered voters of thewhole county at an electionheld onadate specified in section39.2, subsection4, paragraph “a”.

Sec. 70. Section 423E.2, subsection 3, Code Supplement 2007, is amended to read as fol- lows: 3. The county commissioner of elections shall submit the question of imposition of a local

sales and services tax for school infrastructure purposes at a state general election or at a spe- cial an election held at any time other than the time of a city regular election on a date specified in section 39.2, subsection 4, paragraph “a”. The election shall not be held sooner than sixty days after publication of notice of the ballot proposition. The ballot proposition shall specify the rate of tax, the date the tax will be imposed and repealed, and shall contain a statement as to the specific purpose or purposes for which the revenues shall be expended. The content of theballot proposition shall be substantially similar to the petitionof theboard of supervisors

404LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSIONCH. 1115

ormotions of a school district or school districts requesting the election as provided in subsec- tion2, as applicable, including the rateof tax, impositionand repeal datedates, and the specific purpose or purposes for which the revenues will be expended. The dates for the imposition and repeal of the tax shall be as provided in subsection 1. The rate of tax shall not be more than one percent. The state commissioner of elections shall establish by rule the form for the ballot proposition which form shall be uniform throughout the state.

Sec. 71. APPLICABILITY DATE. This division of this Act applies to elections held on or after January 1, 2009.

DIVISION IV VOTER REGISTRATION

Sec. 72. NEW SECTION. 44.18 AFFILIATION ON VOTER REGISTRATION FORM. 1. A nonparty political organization that nominated a candidate whose name appeared on

the general election ballot for a federal office, for governor, or for any other statewide elective office in any of the preceding ten yearsmay request registration of voters showing their affilia- tion with the nonparty political organization pursuant to this section. 2. The organization shall file the following documents with the state registrar of voters on

or before December 1 of an even-numbered year: a. A petition in the form prescribed by the registrar and signed by no fewer than eight hun-

dred fifty eligible electors residing in at least five counties in the state. The petition shall in- clude the official name of the organization; the organization’s name as the organization re- quests it to appear on the voter registration form if different from the organization’s official name; and the name, address, and telephone number of the contact person for the organiza- tion. Each person who signs the petition shall include the person’s signature, printed name, residence address with house number, street name, city, and county, and the date the person signed the petition. b. A copy of thenonparty political organization’s articles of incorporation, bylaws, constitu-

tion, or other document relating to establishment of the organization. Such copy shall be certi- fied as a true copy of the original by the custodian of the original document. c. An application form prescribed by the state registrar of voters. The form shall include all

of the following: (1) The official name of the nonparty political organization. (2) The name, address, and telephone number of the contact person for the organization

who is responsible for the application. (3) The signature of the chief executive officer of the organization approving the applica-

tion. (4) The organization’s name as the organization requests it to appear on the voter registra-

tion form if different from the organization’s official name. 3. The nonparty political organization’s name and its name as listed on the voter registra-

tion form shall conform to the requirements of section 43.121. The registrar shall not invali- date the application solely because the registrar finds the official name of the organization or thename to be includedon the voter registration form tobe unacceptable. If the registrar finds the name to be unacceptable, the registrar shall contact the organization and provide assis- tance in identifying an appropriate official name for the organization and for identifying the organization on the voter registration form. A determination by the registrar that the official name or voter registration formname requested is acceptable for usewithin the voter registra- tion system is final. 4. The registrar and thevoter registrationcommissionmay require biennial filings toupdate

contact information. 5. Beginning in January 2011, and each odd-numbered year thereafter, the registrar and the

voter registration commission may review the number of voters registered as affiliated with a nonparty political organization. If the number of registrants, including both active and inac- tive voters, is fewer than 150, the commission shall declare the organization to be dormant for

405 LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSION CH. 1115

purposes of voter registration andmay revise the voter registration form and instructions and electronic voter registration system to remove the organization from the list of nonparty politi- cal organizations with which a voter may register as affiliated. However, a change shall not be made to the record of political affiliation of individual registrants unless the registrant re- quests the change. 6. If a political party, as defined in section 43.2, fails to receive a sufficient number of votes

in a general election to retain status as a political party and the former political party organizes as a nonparty political organization, the organizationmay request registration of voters show- ing their affiliationwith the organization. A change shall not bemade to the record of political party affiliation of individual registrants unless the registrant requests the change.

Sec. 73. Section 48A.7A, subsection 1, paragraph b, subparagraph (2), unnumbered para- graph 1, Code Supplement 2007, is amended to read as follows: If the photographic identification presented does not contain the person’s current address

in the precinct, the person shall also present one of the following documents that shows the person’s name and current address in the precinct:

Sec. 74. Section 48A.7A, subsection 3, Code Supplement 2007, is amended to read as fol- lows: 3. At any time before election day, and after the deadline for registration in section 48A.9,

a person who appears in person at the commissioner’s office or at a satellite absentee voting station after the deadline for registration in section 48A.9, or whose ballot is delivered to a health care facility pursuant to section 53.22 may register to vote and vote an absentee ballot by following the procedure in this section for registering to vote on election day. A personwho wishes to vote in person at the polling place on election day andwho has not registered to vote before the deadline for registering in section 48A.9, is required to register to vote at the polling place on election day following the procedure in this section. However, the person may com- plete the voter registration application at the commissioner’s office and, after the commission- er has reviewed the completed application,maypresent the application to the appropriate pre- cinct election official along with proof of identity and residency.

Sec. 75. Section 48A.7A, subsection 4, paragraph b, Code Supplement 2007, is amended to read as follows: b. The form of the written oath required of a person attesting to the identity and residency

of the registrant shall read as follows: I, . . . . . . . . . . . . . . . . . . . . . . . (nameof registered voter), do solemnly swear or affirmall of the

following: I am a preregistered voter in this precinct or I registered to vote in this precinct today, and

a registered voter did not sign an oath onmy behalf. I have not signed an oath attesting to the identity and residence of any other person in this election. I am a resident of the . . . . . . . precinct, . . . . . . . ward or township, city of . . . . . . . . . . . . . ,

county of . . . . . . . . . . . . . , Iowa. I reside at . . . . . . . . . . . . . . . . . . . (street address) in . . . . . . . . . . . . . (city or township). I personallyknow . . . . . . . . . . . . . . . . . . . . . . . (nameof registrant), and Ipersonallyknowthat

. . . . . . . . . . . . . . . . . . . . . . . (name of registrant) is a resident of the . . . . . . . precinct, . . . . . . . ward or township, city of . . . . . . . . . . . . . , county of . . . . . . . . . . . . . , Iowa. I understand that any false statement in this oath is a class “D” felony punishable by nomore

than five years in confinement and a fine of at least seven hundred fifty dollars but not more than seven thousand five hundred dollars.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature of Registered Voter

Subscribed and sworn before me on . . . . . . . . . . . . . . . . . . (date). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature of Precinct Election Official

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Sec. 76. Section 48A.11, subsection 1, paragraph i, Code Supplement 2007, is amended to read as follows: i. Political party registration affiliation as defined in section 43.2 or nonparty political orga-

nization affiliation if approved for inclusion on the form pursuant to section 44.18.

Sec. 77. Section 48A.11, subsection 1, paragraph k, Code Supplement 2007, is amended by striking the paragraph.

Sec. 78. Section 48A.12, unnumbered paragraph 1, Code 2007, is amended to read as fol- lows: The mail voter registration form prescribed by the federal election assistance commission

shall be accepted for voter registration in Iowa if all required information is provided, if it is signed by the registrant, and if the form is timely received.

Sec. 79. Section 48A.26, subsection 4, Code 2007, is amended to read as follows: 4. If the registrant applied bymail to register to vote and did not answer either “yes” or “no”

to the question in section 48A.11, subsection 3, paragraph “a”, the application shall be pro- cessed, but the registration shall be designated as valid only for elections that do not include candidates for federal offices on the ballot. The acknowledgment shall advise the applicant that the status of the registration is local and the reason for the registration being assigned lo- cal status. The commissioner shall enclose a new registration by mail form for the applicant to use. If the original application is received during the twelve daysbefore the close of registra- tion for an election that includes candidates for federal offices on the ballot, the commissioner shall provide the registrant with an opportunity to complete the form before the close of regis- tration. If the application is complete and proper in all other respects and information on the application is verified, as required by section 48A.25A, the applicant shall be registered to vote and sent an acknowledgment.

Sec. 80. Section 48A.27, subsection 2, paragraph b, Code 2007, is amended to read as fol- lows: b. If a registered voter submits a change of name, telephone number, or address is sub-

mitted under this subsection, the commissioner shall not change the political party or nonpar- ty political organization affiliation in the elector’s registered voter’s prior registration other than that indicated by the elector registered voter.

Sec. 81. Section 48A.37, subsection 2, Code Supplement 2007, is amended to read as fol- lows: 2. Electronic records shall include a status code designatingwhether the records are active,

inactive, local, or pending, or canceled. Inactive records are records of registered voters to whom notices have been sent pursuant to section 48A.28, subsection 3, and who have not re- turned the card or otherwise responded to the notice, and those records have been designated inactive pursuant to section 48A.29. Inactive records are also records of registered voters to whomnotices have been sent pursuant to section 48A.26A and who have not responded to the notice. Local records are records of applicants who did not answer either “yes” or “no” to the question in section 48A.11, subsection 3, paragraph “a”. Pending records are records of appli- cants whose applications have not been verified pursuant to section 48A.25A. Canceled rec- ords are records that have been canceled pursuant to section 48A.30. All other records are ac- tive records. An inactive record shall be made active when the registered voter votes at an election, registers again, or reports a change of name, address, telephone number, or political party or organization affiliation. A pending record shall be made active upon verification. A local record shall be valid for any election for which no candidates for federal office appear on the ballot. A registrant with only a local record shall not vote in a federal election unless the registrant submits a new voter registration application before election day indicating that the applicant is a citizen of the United States.

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Sec. 82. Section 49.74, Code 2007, is amended to read as follows: 49.74 REGISTERED VOTERS ENTITLED TO VOTE AFTER CLOSING TIME. Every registered voterwho is on the premises of the voter’s precinct polling place at the time

the polling place is to be closed for any election shall be permitted to vote in that election. Wherever possible, when there are persons on the premises of a polling place awaiting an op- portunity to claim their vote at the time the polling place is to be closed, the election board shall cause those persons tomove inside the structure inwhich the polling place is located and shall then shut the doors of the structure and shall not admit any additional persons to the polling place for the purpose of voting. If it is not feasible to cause persons on the premises of a polling place awaiting an opportunity to claim their vote at the time the polling place is to be closed tomove inside the structure inwhich thepolling place is located, the electionboard shall cause those persons to be designated in some reasonable manner and shall not receive votes after that time from any persons except those registered voters so designated.

DIVISION V CHALLENGES AND PROVISIONAL VOTING

Sec. 83. Section 39A.3, subsection 1, paragraph a, Code 2007, is amended by adding the following new subparagraph: NEW SUBPARAGRAPH. (4) Files a challenge containing false information under section

48A.14 or 49.79.

Sec. 84. Section 39A.5, subsection 1, paragraph b, subparagraph (3), Code Supplement 2007, is amended by striking the subparagraph.

Sec. 85. Section 48A.14, subsections 3 and 4, Code 2007, are amended to read as follows: 3. A challenge shall contain a statement signed by the challenger in substantially the follow-

ing form: “I am a registered voter in (name of county) County, Iowa. I swear or affirm that information contained on this challenge is true. I understand that knowingly filing a challenge containing false information is an aggravated misdemeanor.” 4. A challenge may be filed at any time. A challenge filed less than seventy days before a

regularly scheduled election shall not be processed until after the pending election unless the challenge is filed within twenty days of the commissioner’s receipt of the challenged regis- trant’s registration form or notice of change to an existing registration. A challenge filed against a person registering to vote pursuant to section 48A.7A is considered a challenge to a person offering to vote and must be filed under section 49.79.

Sec. 86. Section 49.79, subsection 2, paragraph c, Code Supplement 2007, is amended to read as follows: c. The challenged person is not a resident at the address where the person is registered.

However, a person who is reporting a change of address at the polls on election day pursuant to section 48A.27, subsection 2, paragraph “a”, subparagraph (3), or who is registering to vote pursuant to section 48A.7A, shall not be challenged for this reason.

Sec. 87. Section 49.79, Code Supplement 2007, is amended by adding the following new subsections: NEWSUBSECTION. 3. a. The state commissioner of elections shall prescribe a form to be

used for challenging a prospective voter at the polls. The form shall include a space for the challenger to provide the challenger’s printed name, signature, address, and telephone num- ber. The form shall also contain the following statement signed by the challenger: “I am a registered voter in (name of county) County, Iowa. I swear or affirm that information con- tained in this challenge is true. I understand that knowingly filing a challenge containing false information is an aggravated misdemeanor.” b. The special precinct board shall reject a challenge that lacks the name, address, tele-

phone number, and signature of the challenger.

408LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSIONCH. 1115

NEW SUBSECTION. 4. A separate written challenge shall be made against each prospec- tive voter challenged. NEWSUBSECTION. 5. A challengermaywithdrawachallengeat thepollingplaceonelec-

tion day or at any time before the meeting of the special precinct counting board by notifying the commissioner in writing of the withdrawal.

Sec. 88. Section 49.81, Code 2007, is amended to read as follows: 49.81 PROCEDURE FOR CHALLENGED VOTER TO CAST PROVISIONAL BALLOT. 1. A prospective voter who is prohibited under section 48A.8, subsection 4, section 49.77,

subsection 4, or section 49.80 from voting except under this section shall be notified by the ap- propriate precinct election official that the votermay cast a provisional ballot. If a boothmeet- ing the requirement of section 49.25 is not available at that polling place, the precinct election officials shall make alternative arrangements to insure the challenged voter the opportunity to vote in secret. The marked ballot, folded voter shall mark the ballot, fold it or insert it in a secrecy envelope as required by section 49.84, shall be delivered to a precinct election official who shall and immediately seal it in an envelope of the type prescribed by subsection 4. The voter shall deliver the sealed envelope to a precinct election official who shall be deposited de- posit it in an envelopemarked “provisional ballots” and. The ballot shall be considered as hav- ing been cast in the special precinct established by section 53.20 for purposes of the postelec- tion canvass. 2. Each personwho casts a provisional ballot under this section shall receive a printed state-

ment in substantially the following form: Your qualifications as a registered voter have been challenged for the following reasons: I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Youmust show identification before your ballot can be counted. Please bring ormail a copy

of a current and valid photo identification card to the county commissioner’s office or bring or mail a copy of one of the following current documents that show your name and address: a. Utility bill. b. Bank statement. c. Paycheck. d. Government check. e. Other government document. Your right to vote will be reviewed by the special precinct counting board on . . . . . . . . . You

have the right and are encouraged to make a written statement and submit additional written evidence to this board supporting your qualifications as a registered voter. This written state- ment and evidencemaybegiven to anelectionofficial of this precinct on electionday ormailed or delivered to the county commissioner of elections, butmust be received before . . . . . . a.m./ p.m. on . . . . . . . . . at . . . . . . . . . . . . . . . . If your ballot is not counted you will receive, by mail, notification of this fact and the reason that the ballot was not counted a formprescribed by the state commissioner by rule adopted in accordancewith chapter 17A. The statement shall con- tain, at a minimum, the following information: a. The reason the person is casting a provisional ballot. b. If the person is casting a provisional ballot because the person failed to provide a required

form of identification, a list of the types of acceptable identification and notification that the person must show identification before the ballot can be counted. c. If the person is casting a provisional ballot because the person’s qualifications as a regis-

tered voter have been challenged, the allegations contained in thewritten challenge, a descrip- tion of the challenge process, and the person’s right to address the challenge. d. A statement that if the person’s ballot is not counted, the personwill receive, bymail, noti-

fication of this fact and the reason the ballot was not counted. e. Other information deemed necessary by the state commissioner. 3. Any eligible elector may present written statements or documents, supporting or oppos-

409 LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSION CH. 1115

ing the countingof anyprovisional ballot, to theprecinct electionofficials onelectionday, until the hour for closing the polls. Any statements or documents so presented shall be delivered to the commissioner when the election supplies are returned. 4. The individual envelopes used for each provisional ballot cast pursuant to subsection 1

shall have space for the voter’s name, date of birth, and address and shall have printed on them the following: I am a United States citizen, at least eighteen years of age. I believe I am a registered voter

of this county and I ameligible to vote in this election. I registered to vote in . . . . . . . . . . . county on or about . . . . . . . . . at . . . . . . . . . . . My name at that time was . . . . . . . . . . . . . . . . . . . . . . I have not moved to a different county since that time. I am a United States citizen, at least eighteen years of age.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (signature of voter) (date)

The following information is to be provided by the precinct election official: Reason for challenge casting provisional ballot: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Did not present required identification form.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . (signature of precinct election official)

The precinct election official shall attach a completed voter registration form fromeach pro- visional voter unless the person’s registration status is listed in the election register as active orpending. If a voter is casting aprovisional ballot because thevoter’s qualifications as a regis- tered voter have been challenged, the precinct election official shall attach the signed chal- lenge to the provisional ballot envelope.

DIVISION VI GENERAL CHANGES TO ELECTIONS PROVISIONS

Sec. 89. Section 39A.2, subsection 1, paragraph c, Code Supplement 2007, is amended to read as follows: c. DURESS. Intimidates, threatens, or coerces, or attempts to intimidate, threaten, or

coerce, a person to do or to refrain from doing any of the following: (1) To register to vote, to vote, or to attempt to register to vote. (2) To urge or aid a person to register to vote, to vote, or to attempt to register to vote. (2A) To sign a petition nominating a candidate for public office or a petition requesting an

election for which a petition may legally be submitted. (3) To exercise a right under chapters 39 through 53.

Sec. 90. Section 39A.2, subsection 1, CodeSupplement 2007, is amended by adding the fol- lowing new paragraph: NEW PARAGRAPH. f. VOTING EQUIPMENT TAMPERING. Intentionally altering or

damaging any computer software or any physical part of a votingmachine, automatic tabulat- ing equipment, or any other part of a voting system.

Sec. 91. Section 49.20, Code 2007, is amended to read as follows: 49.20 COMPENSATION OF MEMBERS. The members of election boards shall be deemed temporary state employees who are com-

pensated by the county in which they serve, and shall receive compensation at a rate estab- lished by the board of supervisors, which shall be not less than three dollars and fifty cents per hour the minimum wage established in section 91D.1, subsection 1, paragraph “b”, while en- gaged in the discharge of their duties and shall be reimbursed for actual and necessary travel expense at a rate determined by the board of supervisors, except that persons who have ad- vised the commissioner prior to their appointment to the election board that they are willing

410LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSIONCH. 1115

to serve without pay at elections conducted for any school district or a city of three thousand five hundred or less population, shall receive no compensation for service at those elections. Compensation shall be paid to members of election boards only after the vote has been can- vassed and it has been determined in the course of the canvass that the election record certifi- cate has been properly executed by the election board.

Sec. 92. Section 49.21, Code 2007, is amended to read as follows: 49.21 POLLING PLACES — ACCESSIBILITY — SIGNS. 1. It is the responsibility of the commissioner to designate a polling place for each precinct

in the county. Each polling place designated shall be accessible to persons with disabilities. However, if the commissioner is unable to provide an accessible polling place for a precinct, the commissioner shall apply for a temporary waiver of the accessibility requirement. The state commissioner shall adopt rules in accordance with chapter 17A prescribing standards for determiningwhether a polling place is accessible and the process for applying for a tempo- rary waiver of accessibility. 2. a. Upon the application of the commissioner, the authority which has control of any

buildings or grounds supported by taxation under the laws of this state shall make available the necessary space therein for the purpose of holding elections, without charge for the use thereof. b. Except as otherwise provided by law, the polling place in each precinct in the state shall

be located in a central location if a building is available. However, first consideration shall be given to the use of public buildings supported by taxation. In the selection of polling places, preference shall also be given to the use of buildings acces-

sible to persons who are elderly and persons with disabilities. 3. a. On the day of an election, the commissioner shall post a sign stating “vote here” at the

entrance to each driveway leading to the building where a polling place is located. The sign must be visible from the street or highway fronting the driveway, but shall not encroach upon the right-of-way of such street or highway. b. The commissioner shall post a sign at the entrance to the polling place indicating the elec-

tion precinct number or name, and displaying a streetmap showing the boundaries of the pre- cinct.

Sec. 93. Section 49.25, subsection 1, CodeSupplement 2007, is amended to read as follows: 1. In any county or portion of a county forwhich votingmachines have been acquired under

section 52.2 the commissioner shall determine pursuant to section 49.26, in advance of each election conducted for a city of three thousand five hundred or less population, or any school district, and individually for each precinct, whether voting in that election shall be bymachine or by paper ballot. In counties in which conventional paper ballots are not used, the commis- sioner shall furnish voting equipment for use by voters with disabilities.

Sec. 94. Section 49.68, Code 2007, is amended to read as follows: 49.68 STATE COMMISSIONER TO FURNISH INSTRUCTIONS. 1. The state commissionerwith the approval of the attorney general shall prepare, and from

time to time revise, written instructions to the voters relative to voting the rights of voters, and shall furnish each commissioner with copies of the instructions. Such instructions shall cover the following matters: a. The procedure for registering to vote after the registration deadline has passed. b. Instructions for voters who are required by law to show identification before voting. c. General information on voting rights under applicable federal and state laws, including

the following: (1) Information on the right of an individual to cast a provisional ballot and the procedure

for casting a provisional ballot. (2) Federal and state laws regarding prohibitions on acts of fraud, misrepresentation, coer-

cion, or duress.

411 LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSION CH. 1115

d. Instructions on how to contact the appropriate officials if a voter believes the voter’s rights have been violated. 2. The state commissioner shall prepare instructions relative to voting for each voting sys-

tem in use in the state and shall furnish the county commissioner with copies of the instruc- tions. Such instructions shall cover the following matters: 1. a. The manner of obtaining ballots. 2. b. The manner of marking ballots. 3. c. That unmarked or improperly marked ballots will not be counted. 4. d. The method of gaining assistance in marking ballots. 5. e. That any erasures or identification marks, or otherwise spoiling or defacing a ballot,

will render it invalid. 6. f. Not to vote a spoiled or defaced ballot. 7. g. How to obtain a new ballot in place of a spoiled or defaced one. 8. h. Any other matters thought necessary.

Sec. 95. Section 49.70, Code 2007, is amended to read as follows: 49.70 PRECINCT ELECTION OFFICIALS FURNISHED INSTRUCTIONS. The commissioner shall cause copies of the foregoing each set of instructions to be printed

in large, clear type, under the heading of “Rights of Voters” and “Instructions for Voters” Vot- ing”, as applicable, and shall furnish the precinct election officials with a sufficient number of such each set of instructions as will enable them to comply with section 49.71.

Sec. 96. Section 49.71, Code Supplement 2007, is amended to read as follows: 49.71 POSTING INSTRUCTION CARDS AND SAMPLE BALLOTS. The precinct election officials, before the opening of the polls, shall cause the each set of in-

structions for voters required pursuant to section 49.70 to be securely posted as follows: 1. OneAt least one copyof the instructions for votingprescribed in section49.68, subsection

2, in each voting booth. 2. Not less than four copies, At least one copy of the instructions for voting prescribed in

section 49.68, subsection 2, with an equal number of sample ballots, in and about the polling place. 3. At least one copy of the instructions relating to rights of voters, as prescribed in section

49.68, subsection 1, in and about the polling place.

Sec. 97. Section 49.73, subsection 1, unnumbered paragraph 1, Code Supplement 2007, is amended to read as follows: At all elections, except as otherwise permitted by this section, the polls shall be opened at

seven o’clock a.m., or as soon thereafter as vacancies on the precinct election board have been filled if at least one official from each of the political parties referred to in section 49.13 is pres- ent. On the basis of voter turnout for recent similar elections and factors considered likely to so affect voter turnout for the forthcoming election as to justify shortened voting hours for that election, the commissioner may direct that the polls be opened at twelve o’clock noon for:

Sec. 98. Section 49.77, subsection 2, CodeSupplement 2007, is amended to read as follows: 2. Oneof the precinct election officials shall announce the voter’s namealoud for the benefit

of any persons present pursuant to section 49.104, subsection 2, 3, or 5. If the declaration of eligibility is not printed on each page of the election register, any of those persons present pur- suant to section 49.104, subsection 2, 3, or 5, may upon request view the signed declarations of eligibility andmay review the signeddeclarations on file so longas thepersondoesnot inter- fere with the functions of the precinct election officials. If the declaration of eligibility is print- ed on the election register, voters shall also sign a voter roster which the precinct election offi- cial shall make available for viewing a listing of those voters who have signed declarations of eligibility. Any of those persons present pursuant to section 49.104, subsection 2, 3, or 5, may upon request view the listing roster of those voters who have signed declarations of eligibility, so long as the person does not interfere with the functions of the precinct election officials.

412LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSIONCH. 1115

Sec. 99. Section 49.88, Code 2007, is amended to read as follows: 49.88 LIMITATION ON PERSONS IN BOOTH AND TIME FOR VOTING. 1. No more than one person shall be allowed to occupy any voting booth at any time. No

person shall occupy such booth for more than three minutes to cast a vote. Nothing in this section shall prohibit assistance to voters under section 49.90. The use of cameras, cellular telephones, pagers, or other electronic communicationsdevices in the votingbooth is prohibit- ed. 2. a. Nothing in this section shall prohibit assistance to voters under section 49.90. b. This section does not prohibit a voter from taking minor children into the voting booth

with the voter.

Sec. 100. Section 49.104, Code 2007, is amended by adding the following new subsection: NEW SUBSECTION. 8. Reporters, photographers, and other staff representing the news

media. However, representatives of the news media, while present at or in the immediate vi- cinity of the polling places, shall not interfere with the election process in any way.

Sec. 101. Section 50.9, Code 2007, is amended to read as follows: 50.9 RETURN OF BALLOTS NOT VOTED. Ballots not voted, or spoiled by voters while attempting to vote, shall be returned by the pre-

cinct election officials to the commissioner, and a receipt taken for the ballots. The spoiled ballots shall be preserved for twenty-twomonths following elections for federal offices and for sixmonths following elections for all other offices. The commissioner shall record thenumber of ballots sent to the polling places but not voted. The ballots not voted shall be destroyed after the end of the period for contesting the election. However, if a contest is requested, the ballots not voted shall be preserved until the election contest is concluded.

Sec. 102. NEW SECTION. 50.15A UNOFFICIAL RESULTS OF VOTING — GENERAL ELECTION ONLY. 1. In order to provide the public with an early source of election results before the official

canvass of votes, the state commissioner of elections, in cooperation with the commissioners of elections, shall conduct an unofficial canvass of election results following the closing of the polls on the day of a general election. The unofficial canvass shall report election results for national offices, statewide offices, the office of state representative, the office of state senator, and other offices or public measures at the discretion of the state commissioner of elections. 2. After the polls close on election day, the commissioner of elections shall periodically pro-

vide election results to the state commissioner of elections as the precincts in the county report election results to the commissioner pursuant to section 50.11. If the commissioner deter- mines that all precincts will not report election results before the office is closed, the commis- sioner shall report the most complete results available prior to leaving the office at the time the office is closed as provided in section 50.11. The commissioner shall specify the number of precincts included in the report to the state commissioner of elections. The state commissioner of elections shall tabulate unofficial election results as the results

are received from the commissioners of elections and shall periodically make the reports of the results available to the public. 3. Before the day of the general election, the state commissioner of elections shall provide

a form and instructions for reporting unofficial election results pursuant to this section.

Sec. 103. Section 50.49, unnumbered paragraph 4, Code 2007, is amended to read as fol- lows: Thepetitioners requesting the recount shall post abondas requiredby section50.48, subsec-

tion 2. The amount of the bond shall be one thousand dollars for a public measure appearing on the ballot statewide or one hundred dollars for any other public measure. If the difference between the affirmative and negative votes cast on the public measure is less than the greater of fifty votes or one percent of the total number of votes cast for and against the question, a

413 LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSION CH. 1115

bond is not required. If approval by sixty percent of the votes cast is required for adoption of the public measure, no bond is required if the difference between sixty percent of the total votes cast for and against the question and the number of affirmative votes cast for the losing side is less than the greater of fifty votes or one percent of the total number of votes cast.

Sec. 104. Section 53.23, subsection 3, paragraph b, Code Supplement 2007, is amended to read as follows: b. If the board finds any ballot not enclosed in a secrecy envelope and the ballot is folded

in suchaway that anyof the votes cast on theballot are visible, the twospecial precinct election officials, one from each of the two political parties referred to in section 49.13, subsection 2, shall place the ballot in a secrecy envelope. No one shall examine the ballot. Each of the spe- cial precinct election officials shall sign the secrecy envelope.

Sec. 105. Section 423A.4, subsection 4, Code Supplement 2007, is amended to read as fol- lows: 4. a. A city or county shall impose or repeal a hotel and motel tax or increase or reduce the

tax rate only after an election atwhich amajority of those voting on the question favors imposi- tion, repeal, or change in rate. However, a hotel andmotel tax shall not be repealed or reduced in rate if obligations are outstanding which are payable as provided in section 423A.7, unless funds sufficient to pay the principal, interest, and premium, if any, on the outstanding obliga- tions at and prior to maturity have been properly set aside and pledged for that purpose. The election shall be held at the time of the regular city election or the county’s general election or at the time of a special election. b. If the tax applies onlywithin the corporate boundaries of a city, only the registered voters

of the city shall be permitted to vote. The election shall be held at the time of the regular city election or at a special election called for that purpose. If the tax applies only in the unincorpo- rated areas of a county, only the registered voters of the unincorporated areas of the county shall be permitted to vote. The election shall be held at the time of the general election or at a special election called for that purpose.

DIVISION VII LOCAL REDISTRICTING

Sec. 106. Section 68B.32A, Code Supplement 2007, is amended by adding the following new subsection: NEW SUBSECTION. 15. Establish an expedited procedure for reviewing complaints for-

warded by the state commissioner of elections to the board for a determination as to whether a supervisor district plan adopted pursuant to section 331.210Awas drawn for improper politi- cal reasons as described in section 42.4, subsection 5. The expedited procedure shall be sub- stantially similar to the process used for other complaints filed with the board except that the provisions of section 68B.32D shall not apply.

Sec. 107. Section 331.210A, subsection 2, paragraph e, Code 2007, is amended to read as follows: e. The plan approved by the board of supervisors shall be submitted to the state commis-

sioner of elections for approval. If the state commissioner or the ethics and campaign disclo- sure board finds that the plan does not meet the standards of section 42.4, the state commis- sioner shall reject theplan, and theboardof supervisors shall direct the commission toprepare and adopt an acceptable plan. For purposes of determining whether the standards of section 42.4 have been met, an eligi-

ble elector may file a complaint with the state commissioner of elections within fourteen days after a plan is approved by the board of supervisors of the county in which the eligible elector resides, on a form prescribed by the commissioner, alleging that the plan was drawn for im- proper political reasons as described in section 42.4, subsection 5. If a complaint is filed with

414LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSIONCH. 1115

the state commissioner of elections, the state commissioner shall forward the complaint to the ethics and campaign disclosure board established in section 68B.32 for resolution. If, after the initial proposed supervisor district plan or precinct plan has been submitted to

the state commissioner for approval, it is necessary for the temporary county redistricting commission to make subsequent attempts at adopting an acceptable plan, the subsequent plans do not require public hearings.

Approved April 22, 2008

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CH. 1116CH. 1116

CHAPTER 1116 LOBBYING BY STATE AGENCIES — RESTRICTIONS

S.F. 2427

AN ACT prohibiting certain lobbying activities of state agencies and providing a penalty.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 68B.8 LOBBYING ACTIVITIES BY STATE AGENCIES. A state agency of the executive branch of state government shall not use or permit the use

of its public funds for a paid advertisement or public service announcement thirty days prior to or during a legislative session for the purpose of encouraging the passage, defeat, approval, ormodification of a bill that is being considered orwas considered during the previous legisla- tive session, by the general assembly.

Sec. 2. Section 68B.25, Code 2007, is amended to read as follows: 68B.25 ADDITIONAL PENALTY. In addition to any penalty contained in any other provision of law, a person who knowingly

and intentionally violates a provision of sections 68B.2A through 68B.7 68B.8, sections 68B.22 through 68B.24, or sections 68B.35 through68B.38 is guilty of a seriousmisdemeanor andmay be reprimanded, suspended, or dismissed from the person’s position or otherwise sanctioned.

Approved April 24, 2008

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CH. 1117CH. 1117

CHAPTER 1117 COUNCIL ON HOMELESSNESS

S.F. 2161

AN ACT providing for the establishment of a council on homelessness.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 16.100A COUNCIL ON HOMELESSNESS. 1. A council on homelessness is established consisting of thirty-eight voting members. At

least one voting member at all times shall be a member of a minority group.