General Assembly: 75 (1993 Regular GA) - Chapter 143 - Election laws


Published: 1993-05-19

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CH. 142 LAWS OF THE SEVENTY -FIFTH G.A., 1993 SESSION 282

including candidate's committees from other states or for federal office, unless the candidate for whom each committee is established is the same person. For purposes of this section, "con- tributions" does not mean travel costs incurred by~ candidate in attending a campaign event Qf another candidate. This section shall not be construed to prohibit~ candidate or candidate's committee from using campaign funds or accepting contributions for tickets to meals !! the candidate attends solely for the purpose of enhancing the person's candidacy or the candidacy of another person.

Sec. 11. Section 56.41, subsection 1, Code 1993, is amended to read as follows: 1. A candidate and the candidate's committee shall use campaign funds only for campaign

purposes! educational and other expenses associated with the duties of office, or constituency services, and shall not use campaign funds for personal expenses or personal benefit.

Sec. 12. Section 331.756, subsection 15, Code 1993, is amended to read as follows: 15. Review the ~aDd reeemmeadatieas order and supporting information of the cam-

paign finance disclosure commission and proceed to institute the recommended actions or advise the commission that prosecution is not merited as provided in section 96.-ll;- sahseetiea 4 56.34.

Sec. 13. Section 56.11, Code 1993, is repealed.

Approved May 19, 1993

CHAPTER 143 ELECTION LAWS

H.F. 652

AN ACT relating to the office of secretary of state, the conduct of elections and voter regis- tration in the state, and relating to corrective and technical changes to Iowa's election laws, providing an effective date, and providing penalties.

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

Section 1. Section 9.4, subsection 2, Code 1993, is amended to read as follows: 2. For a copy of any law or record, upon the request of any pri¥ate person 61' eerperatiea,

a fee to be determined by the secretary of state Bette ffifeeed teB- eeBts pet' page~ rule adopted pursuant to chapter 17 A.

Sec. 2. Section 39.2, subsection 3, Code 1993, is amended by adding the following new unnum- bered paragraph after unnumbered paragraph 1:

NEW UNNUMBERED PARAGRAPH. If a special election to fill a vacancy is held in con- junction with a regularly scheduled election, the filing deadlines for the special election shall coincide with the filing deadlines for the regularly scheduled election. An election to fill a vacancy in a city office cannot be held in conjunction with a general election if the city election procedures provide for a primary election.

Sec. 3. Section 39.3, Code 1993, is amended by adding the following new subsection: NEW SUBSECTION. BA. "Public measure" means any question authorized or required by

law to be submitted to the voters at an election.

Sec. 4. NEW SECTION. 39.11 MORE THAN ONE OFFICE PROHIBITED. Statewide elected officials and members of the general assembly shall not hold more than

one elective office at a time. All other elected officials shall not hold more than one elective

283 LAWS OF THE SEVENTY -FIFTH G.A., 1993 SESSION CH. 143

office at the same level of government at a time. This section does not apply to the following offices: county agricultural extension council, soil and water conservation district commission, or regional library board of trustees.

Sec. 5. NEW SECTION. 39.12 FAILURE TO VACATE. An elected official who has been elected to another elective office to which section 39.11

applies shall choose only one office in which to serve. The official shall resign from all but one of the offices to which section 39.11 applies before the beginning of the term of the office to which the person was most recently elected. Failure to submit the required resignation will result in a vacancy in all elective offices to which the person was elected.

Sec. 6. NEW SECTION. 43.59 NUMBER OF VOTERS CERTIFIED. The commissioner shall certify to the state commissioner the total number of people who

voted in the primary election in each political party.

Sec. 7. Section 44.16, Code 1993, is amended by striking the section and inserting in lieu thereof the following:

44.16 RETURN OF PAPERS - ADDITIONS NOT ALLOWED. After a nomination petition or certificate has been filed, it shall not be returned to the can-

didate or person who has filed the document, and no signature or other information shall be added to the nomination petition or certificate.

Sec. 8. Section 45.1, subsections 1 through 3, Code 1993, are amended by striking the sub- sections and inserting in lieu thereof the following:

1. Nominations for candidates for president and vice president, governor and lieutenant governor, and for other statewide elected offices may be made by nomination petitions signed by not less than one thousand five hundred eligible electors residing in not less than ten coun- ties of the state.

2. Nominations for candidates for a representative in the United States house of represen- tatives may be made by nomination petitions signed by not less than the number of eligible electors equal to the number of signatures required in subsection 1 divided by the number of congressional districts.

3. Nominations for candidates for the state senate may be made by nomination petitions signed by not less than one hundred eligible electors of the senate district.

3A. Nominations for candidates for the state house of representatives may be made by nomi- nation petitions signed by not less than fifty eligible electors of the representative district.

3B. Nominations for candidates for offices filled by the voters of a -whole county may be made by nomination petitions signed by eligible electors of the county equal in number to at least one percent of the number of registered voters in the county on July 1 in the year preceding the year in which the office will appear on the ballot, or by at least two hundred fifty eligible electors of the county, whichever is less.

3C. Nominations for candidates for the office of county supervisor elected by the voters of a supervisor district may be made by nomination petitions signed by eligible electors of the supervisor district equal in number to at least one percent of the number of registered voters in the supervisor district on July 1 in the year preceding the year in which the office will appear on the ballot, or by at least one hundred fifty eligible electors of the supervisor district, whichever is less.

3D. Nomination papers for the offices of president and vice president shall include the names of the candidates for both offices on each page of the petition. A certificate listing the names of the candidates for presidential electors, one from each congressional district and two from the state at large, shall be filed in the state commissioner's office at the same time the nomina- tion papers are filed.

Nomination papers for the offices of governor and lieutenant governor shall include the names of candidates for both offices on each page of the petition. Nomination papers for other statewide elected offices and all other offices shall include the name of the candidate on each page of the petition.

CH. 143 LAWS OF THE SEVENTY -FIFTH G.A., 1993 SESSION 284

Sec. 9. Section 47.1, unnumbered paragraph 2, Code 1993, is amended to read as follows: The state commissioner of elections may exercise emergency powers over any election being

held in a district in which either a natural or other disaster or extremely inclement weather has occurred. The state commissioner of elections may also exercise emergency powers dur· ing an armed conflict involving United States armed forces, or mobilization of those forces, or if an election contest court finds that there were errors in the conduct of an election making it impossible to determine the result.

Sec. 10. Section 47.6, subsection 1, Code 1993, is amended by adding the following new unnumbered paragraph after unnumbered paragraph 2:

NEW UNNUMBERED PARAGRAPH. A public measure shall not be withdrawn from the ballot at any election if the public measure was placed on the ballot by a petition, or if the election is a special election called specifically for the purpose of deciding one or more public measures for a single political subdivision. However, a public measure which was submitted to the county commissioner of elections by the governing body of a political subdivision may be withdrawn by the governing body which submitted the public measure if the public meas- ure was to be placed on the ballot of a regularly scheduled election. The notice of withdrawal must be made by resolution of the governing body and must be filed with the commissioner no later than the last day upon which a candidate may withdraw from the ballot.

Sec. 11. Section 47.8, subsection 1, Code 1993, is amended to read as follows: 1. There is established a state voter registration commission which shall meet at least ooee

eaeh meBth quarterly to make and review policy, flFemulgate adopt rules and establish proce- dures to be followed by the registrar in discharging the duties of that office. The commission shall consist of the state commissioner of elections or the state commissioner's designee and the state chairpersons of the two political parties whose candidates for president of the United States or governor, as the case may be, received the greatest and next greatest number of votes in the most recent general election, or their respective designees, who shall serve without additional salary or reimbursement.

Sec. 12. Section 48.16, Code 1993, is amended by adding the following new unnumbered paragraph:

NEW UNNUMBERED PARAGRAPH. Any person designated by the commissioner, or by the registrant, to deliver the completed registration form, who willfully fails to deliver the registration form to the commissioner or the commissioner's designee, is guilty of a serious misdemeanor.

Sec. 13. Section 48.31, subsection 4, Code 1993, is amended to read as follows: 4. The eleFk ef distFiet eeliFt state registrar of voters sends notification of an elector's con-

viction of a felony, as defined in section 701.7. The clerk of district court shall send notice of !! felony conviction to the state registrar of voters. The regiStm shall Jeterffiifle in which county the felon~ registered to vote,!! any. The registration shall be cancelled where the felon ~ registered, even !! !!_ ~ not in the same county where the conviction was obtained.

Sec. 14. Section 49.5, subsection 3, Code 1993, is amended to read as follows: 3. Cities using any form of city government authorized by law in which some or all mem-

bers of the city council are elected from wards shall be apportioned into wards on the basis of population. The ward boundaries shall follow the boundaries of election precincts. However, !! special charter city with!! population of three thousand five hundred or less which~ divided into council wards may, for any election, direct the county commissioner of elections to con- solidate two or more precincts.

Sec. 15. Section 49.10, subsections 3 and 4, Code 1993, are amended to read as follows: 3. In any city in which precinct lines have been changed to comply with section 49.5, the

commissioner may fix the polling place for any precinct outside the boundaries of the precinct if there is no building or facility within the precinct suitable and available for use as a polling

285 LAWS OF THE SEVENTY -FIFTH G.A., 1993 SESSION CH. 143

place. In so doing, the commissioner shall fix the polling place at the point nearest the precinct which is suitable and available for use as a polling place and is reasonably accessible to voters of the precinct.

!: No single room or area of any building or facility shall be fixed as the polling place for more than one precinct unless there are separate entrances thePete each clearly marked on the days on which elections are held as the entrance to the polling place of a particular precinct, and suitable arrangements are made within sueh the room or area to prevent direct access from the polling place of any precinct to the polling place of any other precinct. When the commissioner has fixed such a polling place for any precinct it shall remain the polling place at all subsequent elections, except elections for which the precinct is merged with another precinct as permitted by section 49.11, until the boundaries of the precinct are changed or the commissioner fixes a new polling place, except that the polling place shall be changed to a point within the boundaries of the precinct at any time not less than sixty days before the next suc- ceeding election that a building or facility suitable for such use becomes available within the precinct.

4 ~· If two or more contiguous townships have been combined into one election precinct by the board of supervisors, the commissioner shall provide a polling place which is convenient to all of the electors in the precinct.

Sec. 16. Section 49.11, subsection 3, Code 1993, is amended by adding the following new paragraph:

NEW PARAGRAPH. c. The city council of a special charter city with a population of three thousand five hundred or less which is divided into council wards, requests the commissioner to consolidate two or more precincts for any election.

Sec. 17. Section 49.53, unnumbered paragraph 1, Code 1993, is amended to read as follows: The commissioner shall not less than four nor more than twenty days before the day of each

election, except those for which different publication requirements are prescribed by law, publish notice of the election. The notice shall contain a facsimile of the portion of the ballot contain- ing the first rotation as prescribed by section 49.31, subsection 2, and shall show the names of all candidates or nominees and the office each seeks, and all public questions, to be voted upon at the election. The sample ballot published as a part of the notice may at the discretion of the commissioner be reduced in size relative to the actual ballot but such reduction shall not cause upper case letters appearing on the published sample ballot to be less than five thirty- sixths of an inch high in candidates' names or in summaries of public measures. The notice shall also state the date of the election, the hours the polls will be open, the location of each polling place at which voting is to occur in the election, the location of the polling places desig- nated as early ballot pick-up sites, and the names of the precincts voting at each polling place, but the statement need not set forth any fact which is apparent from the portion of the ballot appearing as a part of the same notice. The notice shall include the full text of all public meas- ures to be voted upon at the election.

Sec. 18. Section 49.107, subsection 1, Code 1993, is amended to read as follows: 1. Loitering, congregating, electioneering, posting of signs, treating voters, or soliciting votes,

during the receiving of the ballots, either on the premises of any polling place or within three hundred feet of any outside door of any building affording access to any room where the polls are held, or of any outside door of any building affording access to any hallway, corridor, stair- way, or other means of reaching the room where the polls are held,~ this: This subsec- tion shall not apply to the posting of signs on private property not a polling place! except that the placement of~ sign on~ motor vehicle, trailer, or semitrailer, or any attachment to~ motor vehicle, trailer, or semitrailer parked on public property within three hundred feet of~ poll- !!!.8: place, which sign ~ more than ninety square inches in size, ~ prohibited.

CH. 143 LAWS OF THE SEVENTY-FIFTH G.A., 1993 SESSION 286

Sec. 19. Section 49A.8, Code 1993, is amended by adding the following new unnumbered paragraph:

NEW UNNUMBERED PARAGRAPH. Upon completion of the canvass, the secretary of state shall certify to the Iowa Code editor the results of the election.

Sec. 20. Section 50.9, Code 1993, 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

precinct election officials to the commissioner, and a receipt taken therefer, aBEl they for the ballots. The ballots shall be preserved for twenty-two months following elections for federal offices and for six months following elections for all other offices.

Sec. 21. Section 50.16, unnumbered paragraph 1, Code 1993, is amended to read as follows: The tally list shall be prepared in writing by the election board, giving, in legibly printed

numerals, the total number of people who cast ballots in the precinct, the wfl6le total number of ballots cast for each officer, except those rejected, the name of each person voted for, and the number of votes given to each person for each different officet wbieh: The tally list shall be signed by the precinct election officials, and be substantially as follows:

Sec. 22. Section 50.24, Code 1993, is amended by adding the following new unnumbered paragraph:

NEW UNNUMBERED PARAGRAPH. The board shall also prepare a certificate showing the total number of people who cast ballots in the election. For general elections and elections held pursuant to section 69.14, a copy of the certificate shall be forwarded to the state commis- sioner.

Sec. 23. Section 50.33, Code 1993, is amended to read as follows: 50.33 FORWARDING OF ENVELOPES. Said The envelopes, including the one addressed to the speaker, after being prepared, sealed,

and endorsed as afaresaid required by this chapter, shall be placed in one package and for- warded to the state commissioner.

Sec. 24. Section 50.48, subsection 1, Code 1993, is amended by adding the following new unnumbered paragraph:

NEW UNNUMBERED PARAGRAPH. Immediately upon receipt of a request for a recount, the commissioner shall send a copy of the request to the apparent winner by certified mail. The commissioner shall also attempt to contact the apparent winner by telephone. If the apparent winner cannot be reached within four days, the chairperson of the political party or organiza- tion which nominated the apparent winner shall be contacted and shall act on behalf of the apparent winner, if necessary. For candidates for state or federal offices, the chairperson of the state party shall be contacted. For candidates for county offices, the county chairperson of the party shall be contacted.

Sec. 25. Section 50.48, subsection 4, Code 1993, is amended to read as follows: 4. When all members of the recount board have been selected, the board shall undertake

and complete the required recount as expeditiously as reasonably possible. The commissioner or the commissioner's designee shall supervise the handling of ballots or voting machine docu- ments to ensure that the ballots and other documents are protected from alteration or damage. The board shall open only the sealed ballot containers from the precincts specified in the request to be recounted. The board shall recount only the ballots which were voted and counted for the office in question. !! an electronic tabulating system was used to count the ballots, the recount board may request the commissioner to retabulate the ballots using the electronic tabulating system. Any member of the recount board may at any time during the recount proceedings extend the recount of votes cast for the office or nomination in ques- tion to any other precinct or precincts in the same county, or from which the returns were reported to the commissioner responsible for conducting the election, without the necessity of posting additional bond.

287 LAWS OF THE SEVENTY -FIFTH G.A., 1993 SESSION CH. 143

The ballots or voting machine documents shall be resealed by the recount board before adjournment and shall be preserved as required by section 50.12. At the conclusion of the recount, the recount board shall make and file with the commissioner a written report of its findings, which shall be signed by at least two members of the recount board. The recount board shall complete the recount and file its report not later than the eighteenth day following the county board's canvass of the election in question.

Sec. 26. Section 52.23, unnumbered paragraph 2, Code 1993, is amended to read as follows: The inspection sheets from each machine used in the election and one copy of the printed

results from each machine shall be signed by all precinct election officials and, with any paper or papers upon which write-in votes were recorded by voters, shall be securely sealed in an envelope marked with the name and date of the election, the precinct, and the serial numbers of the machines from which the enclosed results were removed. This envelope shall be preserved, unopened, for twenty-two months following elections for federal offices and for six months following elections for all other offices unless a recount is requested pursuant to sec- tion 50.48 or an election contest~ pending. The envelope shall be destroyed in the same man- ner as ballots pursuant to section 50.13. Additional copies of the results, if any, shall be deli- vered to the commissioner with the other supplies from the election pursuant to section 50.17.

Sec. 27. Section 52.32, subsection 2, Code 1993, is amended to read as follows: 2. The precinct election officials shall affix a seal upon the ballot container. The precinct

election officials shall then each affix their signatures to a statement attesting that the require- ments of this section have been met and the time the ballot container is removed from the precinct polling location for delivery to the counting center pursuant to section 52.37. The state- ment shall be returned to the commissioner at the counting center with the eleetian PegisteF as Feq:~:liPed by- seetieft W-d-1- ballot container and shall accompany the ballots through the count- !!!g process.

Sec. 28. Section 52.36, Code 1993, is amended by adding the following new unnumbered paragraph:

NEW UNNUMBERED PARAGRAPH. The commissioner shall appoint from the lists provided by the county political party chairpersons a resolution board to tabulate write-in votes and to decide questions regarding damaged, defective, or other ballots which cannot be tabu- lated by machine. The commissioner shall appoint as many people to the resolution board as the commissioner believes are necessary. The resolution board shall be divided into three- person teams. Each team shall consist of no more than two people who are members of the same political party.

Sec. 29. Section 52.37, subsection 2, Code 1993, is amended to read as follows: 2. After the record required by subsection 1 has been made, the ballot container shall be

opened. If any ballot is found damaged or defective, so that it cannot be counted properly by the automatic tabulating equipment, a true duplicate shall be made iH the pPesenee of witnesses by the resolution board team and substituted for the damaged or defective ballot, or, as an illernative, the valid votes on a defective ballot may be manually counted at the counting center by ai least two employees of the eammissianeP the resolution board, whichever method is best suited to the system being used. All duplicate ballots shall be clearly labeled as such, and shall bear a serial number which shall also be recorded on the damaged or defective ballot.

The resolution board shall also tabulate any write-in votes which were cast. Write-in votes cast for ~ candidate whose name appears on the ballot for the same office shall be counted as~ vote for the candidate indicated, g the vote~ otherwise properly cast. Ballots which are rejected by the tabulating equipment as blank because they have been marked with an unread- able marker shall be duplicated or tabulated as required by this subsection for damaged or defective ballots.

CH. 143 LAWS OF THE SEVENTY -FIFTH G.A., 1993 SESSION 288

Sec. 30. NEW SECTION. 52.40 EARLY PICK-UP SITES ESTABLISHED - PROCEDURE.

1. In counties where counting centers have been established under section 52.34, the com- missioner may, for general elections only, designate certain polling places as early ballot pick- up sites. At these sites, between the hours of one p.m. and four p.m. on the day of the election, early pick-up officers shall receive the sealed ballot container containing the ballots which have been voted throughout the day along with a signed statement of the precinct attesting to the number of declarations of eligibility signed up to that time, excluding those declarations signed by voters who have not yet placed their ballots in the ballot container. The officers shall replace the ballot container containing the voted ballots with an empty ballot container, to be sealed in the presence of a precinct election official.

2. Early pick-up officers shall be appointed in two-person teams, one from each of the politi- cal parties referred to in section 49.13, who shall be appointed by the commissioner from the election board panel drawn up as provided by section 49.15. The early pick-up officers shall be sworn in the manner provided by section 49.75 for election board members, and shall receive compensation as provided in section 49.20.

3. Each two-person team of early pick-up officers shall travel together in the same vehicle and shall have the container under their immediate joint control until they surrender it to the commissioner or the commissioner's designee. If persons designated as early pick-up officers fail to appear at the time the duties set forth in this section are to be performed, the commis- sioner shall at once appoint some other person or persons, giving preference to persons desig- nated by the respective county chairpersons of the political parties described in section 49.13, to carry out the requirements of this section.

4. The tabulation of ballots received from early pick-up sites shall be conducted at the counting center during the hours the polls are open, in the manner provided in sections 52.36 and 52.37, except that the room in which the ballots are being counted shall not be open to the public during the hours in which the polls are open and the room shall be policed so as to prevent any person other than those whose presence is authorized by this section and sections 52.36 and 52.37 from obtaining information about the progress of the count. The only persons who may be admitted to that room, as long as admission does not impede the progress of the count, are the members of the board, one challenger representing each political party, one observer representing any nonparty political organization or any candidate nominated by petition pur- suant to chapter 45, and the commissioner or the commissioner's designee. No compilation of vote subtotals shall be made while the polls are open. Any person who makes a compilation of vote subtotals before the polls are closed commits a simple misdemeanor. It shall be unlaw- ful for any person to communicate or attempt to communicate, directly or indirectly, informa- tion regarding the progress of the count at any time before the polls are closed.

Sec. 31. Section 53.1, Code 1993, is amended by adding the following new unnumbered paragraph:

NEW UNNUMBERED PARAGRAPH. A person who has been designated to have power of attorney by a qualified elector does not have authority to request or to cast an absentee ballot on behalf of the qualified elector.

Sec. 32. Section 53.11, Code 1993, is amended by adding the following new unnumbered paragraph:

NEW UNNUMBERED PARAGRAPH. Satellite absentee voting stations shall be established throughout the cities and county at the direction of the commissioner or upon receipt of a peti- tion signed by not less than one hundred eligible electors requesting that a satellite absentee voting station be established at a location to be described on the petition. A petition request- ing a satellite absentee voting station must be filed no later than five p.m. on the eleventh day before the election. A satellite absentee voting station established by petition must be open at least one day from eight a.m. until 5 p.m. A satellite absentee voting station estab- lished at the direction of the commissioner or by petition may remain open until five p.m. on the day before the election.

289 LAWS OF THE SEVENTY -FIFTH G.A., 1993 SESSION CH. 143

Sec. 33. Section 53.21, Code 1993, is amended by adding the following new unnumbered paragraphs:

NEW UNNUMBERED PARAGRAPH. A voter who spoils an absentee ballot may return it to the commissioner. The outside of the return envelope shall be marked "SPOILED BAL- LOT". The commissioner shall replace the ballot in the manner provided in this section for lost ballots.

NEW UNNUMBERED PARAGRAPH. An absentee ballot returned to the commissioner without a designation that the ballot was spoiled shall not be replaced.

Sec. 34. Section 53.22, subsection 1, paragraph a, Code 1993, is amended by adding the fol- lowing new unnumbered paragraphs:

NEW UNNUMBERED PARAGRAPH. If materials are prepared for the two special precinct election officials, a list shall be made of all electors to whom ballots are to be delivered. The list shall be sent with the officials who deliver the ballots and shall include spaces to indicate whether the person was present at the hospital or health care facility when the officials arrived, whether the person requested assistance from the officials, whether the person was assisted by another person of the elector's choice, the time that the ballot was returned to the officials, and any other notes the officials deem necessary.

NEW UNNUMBERED PARAGRAPH. The officials shall also be issued a supply of extra ballots to replace spoiled ballots. Receipts shall be issued in substantially the same form as receipts issued to precinct election officials pursuant to section 49.65. All ballots shall be accounted for and shall be returned to the commissioner. Separate envelopes shall be provided for the return of spoiled ballots and unused ballots.

Sec. 35. Section 53.31, Code 1993, is amended by striking the section and inserting in lieu thereof the following:

53.31 CHALLENGES. Any person qualified to vote at the election in progress may challenge the qualifications

of a person casting an absentee ballot by submitting a written challenge to the commissioner no later than five p.m. on the day before the election. It is the duty of the special precinct officials to challenge the absentee ballot of any person whom the official knows or suspects is not duly qualified. Challenges by members of the special precinct election board or observers present pursuant to section 53.23 may be made at any time before the close of the polls on election day. The challenge shall state the reasons for which the challenge is being submitted and shall be signed by the challenger. When a challenge is received the absentee ballot shall be set aside for consideration by the special precinct election board when it meets as required by section 50.22.

The commissioner shall immediately send a written notice to the elector whose qualifica- tions have been challenged. The notice shall be sent to the address at which the challenged elector is registered to vote. If the ballot was mailed to the challenged elector, the notice shall also be sent to the address to which the ballot was mailed if it is different from the elector's registration address. The notice shall advise the elector of the reason for the challenge, the date and time that the special precinct election board will reconvene to determine challenges, and that the elector has the right to submit written evidence of the elector's qualifications. The notice shall include the telephone number of the commissioner's office. If the commissioner has access to a facsimile machine, the notice shall include the telephone number of the facsi- mile machine. As far as possible, other procedures for considering special ballots shall be followed.

Sec. 36. NEW SECTION. 53.35A FAILURE TO RETURN BALLOT- PENALTY. Any person designated by the commissioner, or by the elector casting the absentee ballot,

to deliver the sealed envelope containing the absentee ballot, who willfully fails to return the ballot to the commissioner or the commissioner's designee is guilty of a serious misdemeanor.

CH. 143 LAWS OF THE SEVENTY -FIFTH G.A., 1993 SESSION 290

Sec. 37. Section 59.1, Code 1993, is amended by adding the following new unnumbered paragraph:

NEW UNNUMBERED PARAGRAPH. A copy of the statement of notice of contest shall be filed with the secretary of state within five days of service of the notice upon the incum- bent. The secretary of state shall notify the presiding officer of the house in which the contest will be tried.

Sec. 38. NEW SECTION. 59.7 NOTICE OF RESULT. The presiding officer of the house in which the contest was tried shall certify to the secre-

tary of state the results of the contest.

Sec. 39. Section 62.23, Code 1993, is amended to read as follows: 62.23 COMPENSATION. The judges shall be entitled to receive f&tiF- one hundred dollars a day for the time occupied

by the trial.

Sec. 40. Section 62.24, Code 1993, is amended by striking the section and inserting in lieu thereof the following:

62.24 COSTS. The contestant and the incumbent are responsible for the expenses of the witnesses called

by them, respectively. If the results of the election are upheld by the contest, if the statement is dismissed, or if the prosecution fails, the costs of the contest shall be paid by the contes- tant. If the court or tribunal trying the contest determines that the contestant won the elec- tion, or if the election is set aside, the costs of the contest shall be paid by the county.

Sec. 41. Section 69.2, Code 1993, is amended by adding the following new subsections: NEW SUBSECTION. 8. The incumbent simultaneously holding more than one elective office

at the same level of government. This subsection does not apply to the following offices: county agricultural extension council, soil and water conservation district commission, or regional library board of trustees.

NEW SUBSECTION. 9. An incumbent statewide elected official or member of the general assembly simultaneously holding more than one elective office.

Sec. 42. Section 99F.7, subsection 10, paragraph a, Code 1993, is 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 require- ments of section 331.306, shall direct the commissioner of elections to submit to the qualified vetePs electors 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 election called for that purpose. To be submitted at a general election, the petition must be received by the board of supervisors at least sHf.ty five working days before the last~ for candidates for county offices to file nomination papers for the general election pursuant to section 44.4. If a majority of the county voters voting on the proposition favor the conduct of gambling 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. After a referendum has been held, another referendum requested by petition shall not be held for at least two years.

Sec. 43. Section 275.25, subsection 1, Code 1993, is amended to read as follows: 1. If the proposition to establish a new school district carries under the method provided

in this chapter, the area education agency administrator with whom the petition was filed shall give written notice of a proposed date for a special election for directors of the newly formed

291 LAWS OF THE SEVENTY -FIFTH G.A., 1993 SESSION CH. 143

school district to the commissioner of elections of the county in the district involved in the reorganization which has the greatest taxable base. The proposed date shall be as soon as possible pursuant to sections 39.2, subsections 1 and 2, and 47 .6, subsections 1 and 2, but not later than the third Tuesday in January of the calendar year in which the reorganization takes effect. The election shall be conducted as provided in section 277.3, and nomination petitions shall be filed pursuant to section 277.4, except as otherwise provided in this subsection. Nomi- nation petitions shall be filed with the secretary of the board of the existing school district in which the candidate resides, signed by not less than ten eligible electors of the newly formed district, and filed not less than thiPty twenty-eight days jH'iet' t& before the date set for the special school election. The school secretary, or the secretary's designee, shall be present in the secretary's office until ~ p.m. on the final ~to file the nomination papers. The nomina- tion papers shall be delivered to the commissioner no later than ~p.m. on the twenty-seventh day before the election.

!_!the special election~ held in conjunction with the regular school election, the filing dead- lines for the regular school election ~

Sec. 44. Section 275.36, Code 1993, is amended to read as follows: 275.36 SUBMISSION OF CHANGE TO ELECTORS. If a petition for a change in the number of directors or in the method of election of school

directors, describing the boundaries of the proposed director districts, if any, signed by eligi- ble electors of the school district equal in number to at least thirty percent of those who voted in the last previous annual school election in the school district, but not less than twenty five one hundred persons, and accompanied by affidavit as required by section 275.13 be filed with the school board of a school district, not earlier than six months and not later than twe menths sixty-seven days before a regular or special school election, the school board shall submit such proposition to the voters at sueh the election. 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 form within the next three years; if it is approved, no other proposal may be submit- ted to the voters of the district under this section within the next six years.

Sec. 45. Section 277.4, unnumbered paragraph 2, Code 1993, is amended to read as follows: Each candidate shall be nominated by a petition: !! the candidate~ running for an at large

seat in the district, the petition must be signed by eligible electors equal in number to not less than ten eligible one percent of the qualified electors of the district or one hundred eligi- ble electors of the district, whichever ~less. !! the candidate ~running for !! seat in !! direc- tor district, the petition must be signed !!l_ eligible electors equal in number to not less than one percent of the qualified electors in the director district or one hundred eligible electors in the district, whichever is less. Signers of nomination petitions shall include their addresses and the date of signing, and must reside in the same director district as the candidate if direc- tors are elected by the voters of!! director district, rather than at large. A person may sign nomination petitions for more than one candidate for the same office, and the signature is not invalid solely because the person signed nomination petitions for one or more other candidates for the office. The petition shall be filed with the affidavit of the candidate being nominated, stating the candidate's name, place of residence, that such person is a candidate and is eligible for the office the candidate seeks, and that if elected the candidate will qualify for the office.

Sec. 46. Section 331.206, subsection 2, Code 1993, is amended by adding the following new unnumbered paragraph:

NEW UNNUMBERED PARAGRAPH. A plan selected by the board shall become effec- tive on the first day in January which is not a Sunday or holiday following the next general election, at which time the terms of the members expire and the terms of the members elected under the requirements of the new supervisor representation plan at the general election as specified in section 331.208, 331.209, or 331.210 shall commence.

CH. 143 LAWS OF THE SEVENTY -FIFTH G.A., 1993 SESSION 292

Sec. 47. Section 331.323, subsection 1, unnumbered paragraph 2, Code 1993, is amended to read as follows:

If a petition of electors equal in number to twenty-five percent of the votes cast for the county office receiving the greatest number of votes at the preceding general election is filed with the auditor no later than five working days before the filing deadline for candidates for county offices as specified in section 44.4 for the next general election, the board shall direct the com- missioner of elections to call an election for the purpose of voting on the proposal. If the peti- tion contains more than one proposal for combining duties, each proposal shall be listed on the ballot as a separate issue. If the majority of the votes cast is in favor of a proposal, the board shall take all steps necessary to combine the duties as specified in the petition.

Sec. 48. Section 362.3, subsection 2, Code 1993, is amended to read as follows: 2. A publication required by the city code must be in a newspaper published at least once

weekly and having general circulation in the city. However, if the city has a population of two hundred or less, or in the case of notices of elections, ordinances! and amendments to be pub- lished in a city in which no newspaper is published, a publication may be made by posting in three public places in the city which have been permanently designated by ordinance.

Sec. 49. Section 364.2, subsection 4, paragraph b, Code 1993, is amended to read as follows: b. No such ordinance shall become effective unless approved at an election. The proposal

may be submitted by the council on its own motion to the voters at any city election. Upon receipt of a valid petition as defined in section 362.4 requesting that a proposal be submitted to the voters, the council shall submit the proposal at the next regular city election or at a special election called for that purpose pPief' t& before the next regular city election. If a majority of those voting approves the proposal the city may proceed as proposed. The complete text of the ordinance shall be included on the ballot, !! ~ ballots are used. !! an electronic vot- !!!g system or voting machine ~ used, the proposal shall be stated on the ballot and the full text of the ordinance posted for the voters pursuant to section 52.25. All absentee voters shall receive the full text of the ordinance.

Sec. 50. Section 422B.1, subsection 6, Code 1993, is amended by adding the following new unnumbered paragraph:

NEW UNNUMBERED PARAGRAPH. Costs of local option tax elections shall be appor- tioned among jurisdictions within the county voting on the question at the same election on a pro rata basis in proportion to the number of qualified electors in each taxing jurisdiction and the total number of qualified electors in all of the taxing jurisdictions.

Sec. 51. INAPPLICABILITY OF OTHER LEGISLATION. The provisions of House File 234, if enacted by the Seventy-fifth Session of the General Assembly, shall not apply to this Act.

Sec. 52. EFFECTIVE DATE. Section 44 of this Act is effective January 1, 1994.

Approved May 19, 1993