Back to Iowa

SF2287 • 2026

A bill for an act relating to the conduct of elections.(Formerly SSB 3078 .)

A bill for an act relating to the conduct of elections.(Formerly SSB 3078 .)

Elections
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
COMMITTEE ON STATE GOVERNMENT
Last action
2026-03-03
Official status
Withdrawn. S.J. 447 .
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

A bill for an act relating to the conduct of elections.(Formerly SSB 3078 .)

A bill for an act relating to the conduct of elections.(Formerly SSB 3078 .)

What This Bill Does

  • A bill for an act relating to the conduct of elections.(Formerly SSB 3078 .)

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-03-03 Iowa Legislature

    Withdrawn. S.J. 447 .

  2. 2026-03-03 Iowa Legislature

    HF 2501 substituted. S.J. 446 .

  3. 2026-03-03 Iowa Legislature

    Amendment S-5053 filed, adopted. S.J. 446 .

  4. 2026-02-25 Iowa Legislature

    Attached to HF 2501 . S.J. 408 .

  5. 2026-02-11 Iowa Legislature

    Committee report, approving bill. S.J. 261 .

  6. 2026-02-11 Iowa Legislature

    Introduced, placed on calendar. S.J. 253 .

Official Summary Text

A bill for an act relating to the conduct of elections.(Formerly SSB 3078 .)

Current Bill Text

Read the full stored bill text
Senate

File

2287

-

Introduced

SENATE

FILE

2287

BY

COMMITTEE

ON

STATE

GOVERNMENT

(SUCCESSOR

TO

SSB

3078)

A

BILL

FOR

An

Act

relating

to

the

conduct

of

elections.

1

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

2

TLSB

5495SV

(1)

91

ss/ns

S.F.

2287

DIVISION

I

1

ELECTION

MISCONDUCT

——

INVESTIGATION

2

Section

1.

Section

39A.1,

Code

2026,

is

amended

by

adding

3

the

following

new

subsection:

4

NEW

SUBSECTION

.

2A.

For

purposes

of

this

chapter,

“election

5

day”

includes

any

day

on

which

voting

takes

place

in

person,

6

including

pursuant

to

section

53.10

or

53.11.

7

Sec.

2.

NEW

SECTION

.

39A.8

Investigation

of

election

8

officials

——

notification.

9

A

law

enforcement

agency

or

other

entity

of

the

state

10

or

a

political

subdivision

of

the

state

that

conducts

an

11

investigation

of

an

election,

the

actions

of

election

12

officials,

or

election

misconduct

shall

immediately

notify

the

13

state

commissioner,

except

that

the

governor

shall

immediately

14

be

notified

of

an

investigation

of

the

state

commissioner.

15

DIVISION

II

16

CANCELLATION

OF

VOTER

REGISTRATION

17

Sec.

3.

Section

48A.30,

subsection

1,

Code

2026,

is

amended

18

by

adding

the

following

new

paragraph:

19

NEW

PARAGRAPH

.

i.

The

registration

has

been

designated

20

as

incomplete,

pending,

or

unconfirmed

pursuant

to

section

21

48A.37,

subsection

2,

for

ninety

days,

and

the

commissioner

has

22

been

unable

to

contact

the

registrant,

or

the

registrant

has

23

failed

to

submit

sufficient

information

to

complete,

verify,

24

or

correct

the

defect

in

the

registration

following

contact

by

25

the

commissioner.

26

DIVISION

III

27

ELECTION

RECOUNTS

——

PUBLIC

MEASURES

28

Sec.

4.

Section

50.49,

subsections

1

and

2,

Code

2026,

are

29

amended

to

read

as

follows:

30

1.

A

recount

for

any

public

measure

shall

be

ordered

by

the

31

board

of

canvassers

if

a

petition

requesting

a

recount

is

filed

32

with

the

state

commissioner

for

a

public

measure

voted

on

by

33

the

electors

of

the

entire

state,

or

the

county

commissioner

34

for

all

other

public

measures,

not

later

than

three

days

after

35

-1-

LSB

5495SV

(1)

91

ss/ns

1/

13

S.F.

2287

the

completion

of

the

canvass

of

votes

for

the

election

at

1

which

the

question

appeared

on

the

ballot

and

the

abstracts

2

prepared

pursuant

to

section

50.24

indicate

that

the

difference

3

between

the

affirmative

and

negative

votes

cast

on

the

public

4

measure

is

less

than

fifteen

hundredths

of

one

percent

for

a

5

public

measure

voted

on

by

the

electors

of

the

entire

state,

6

or

less

than

either

one

percent

or

fifty

votes,

whichever

is

7

lesser,

for

all

other

public

measures.

For

a

public

measure

8

that

is

not

voted

on

by

the

electors

of

the

entire

state

and

9

that

requires

the

affirmative

vote

of

at

least

sixty

percent

of

10

the

votes

cast

on

the

public

measure,

the

abstracts

prepared

11

pursuant

to

section

50.24

must

indicate

that

the

difference

12

between

passage

and

defeat

of

the

public

measure

is

less

than

13

either

one

percent

or

fifty

votes,

whichever

is

lesser.

The

14

petition

shall

be

signed

by

the

greater

of

not

less

than

ten

15

eligible

electors

or

a

number

of

eligible

electors

equaling

16

one

percent

of

the

total

number

of

votes

cast

upon

the

public

17

measure.

Each

petitioner

must

be

a

person

who

was

entitled

to

18

vote

on

the

public

measure

in

question

or

would

have

been

so

19

entitled

if

registered

to

vote.

20

2.

The

recount

shall

be

conducted

by

a

board

which

shall

21

consist

of

:

the

commissioner

and

the

commissioner’s

staff,

22

which

may

include

persons

employed

by

the

commissioner

to

tally

23

ballots

during

the

election.

24

a.

A

designee

named

in

the

petition

requesting

the

recount.

25

b.

A

designee

named

by

the

commissioner

at

or

before

the

26

time

the

board

is

required

to

convene.

27

c.

A

person

chosen

jointly

by

the

members

designated

under

28

paragraphs

“a”

and

“b”

.

29

Sec.

5.

Section

50.49,

subsection

3,

Code

2026,

is

amended

30

to

read

as

follows:

31

3.

The

commissioner

shall

convene

the

persons

designated

32

under

subsection

2

,

paragraphs

“a”

and

“b”

,

not

later

than

9:00

33

a.m.

on

the

seventh

day

following

the

canvass

of

the

election

34

in

question.

If

those

two

members

cannot

agree

on

the

third

35

-2-

LSB

5495SV

(1)

91

ss/ns

2/

13

S.F.

2287

member

by

8:00

a.m.

on

the

ninth

day

following

the

canvass,

1

they

shall

immediately

notify

the

chief

judge

of

the

judicial

2

district

in

which

the

canvass

is

occurring,

who

shall

appoint

3

the

third

member

not

later

than

5:00

p.m.

on

the

eleventh

day

4

following

the

canvass.

5

DIVISION

IV

6

ELECTION

SECURITY

7

Sec.

6.

Section

52.5,

subsection

2,

Code

2026,

is

amended

8

to

read

as

follows:

9

2.

The

state

commissioner

shall

formulate,

with

the

advice

10

and

assistance

of

the

examiners,

and

adopt

rules

governing

the

11

testing

and

examination

of

any

optical

scan

voting

system

by

12

the

board

of

examiners.

The

rules

shall

prescribe

the

method

13

to

be

used

in

determining

whether

the

system

is

suitable

for

14

use

within

the

state

and

performance

standards

for

voting

15

equipment

in

use

within

the

state.

The

rules

shall

provide

16

that

all

optical

scan

voting

systems

approved

for

use

by

the

17

examiners

after

April

9,

2003,

shall

meet

voting

systems

18

performance

and

test

standards,

as

adopted

by

the

federal

19

United

States

election

assistance

commission

on

April

30,

20

2002

,

and

as

deemed

adopted

by

the

federal

Help

America

Vote

21

Act,

Pub.

L.

No.

107-252,

§222

116

Stat.

1666

.

The

rules

22

shall

include

standards

for

determining

when

recertification

23

is

necessary

following

modifications

to

the

equipment

or

to

24

the

programs

used

in

tabulating

votes,

and

a

procedure

for

25

rescinding

certification

if

a

system

is

found

not

to

comply

26

with

performance

standards

adopted

by

the

state

commissioner.

27

Sec.

7.

NEW

SECTION

.

52.39

Election

equipment

——

physical

28

security.

29

Election

equipment,

including

election

equipment

not

30

currently

in

use,

shall

be

secured

by

a

tamper-evident

seal

at

31

all

times.

32

DIVISION

V

33

SPECIAL

PRECINCT

ELECTION

BOARD

34

Sec.

8.

Section

53.23,

subsection

3,

paragraph

a,

Code

2026,

35

-3-

LSB

5495SV

(1)

91

ss/ns

3/

13

S.F.

2287

is

amended

to

read

as

follows:

1

a.

The

commissioner

shall

set

a

convening

time

for

the

2

board

of

no

later

than

9:00

a.m.

on

election

day

for

a

general

3

election

or

a

statewide

special

election

,

allowing

a

reasonable

4

amount

of

time

to

complete

counting

all

absentee

ballots

by

5

10:00

p.m.

on

election

day.

6

DIVISION

VI

7

LOCAL

ELECTION

FILINGS

8

Sec.

9.

Section

44.8,

subsection

1,

Code

2026,

is

amended

9

to

read

as

follows:

10

1.

Objections

filed

with

the

city

clerk

commissioner

11

pursuant

to

section

277.5

or

362.4

or

with

the

commissioner

12

for

an

elective

city

office

shall

be

considered

by

the

mayor

13

and

clerk

and

one

member

of

the

council

chosen

by

the

council

14

by

ballot,

and

a

majority

decision

shall

be

final

as

provided

15

in

section

44.7,

except

as

otherwise

provided

in

this

section

.

16

However,

if

the

objection

is

to

the

certificate

of

nomination

17

of

either

of

those

city

officials,

that

official

shall

not

pass

18

upon

the

objection,

but

the

official’s

place

shall

be

filled

by

19

a

member

of

the

council

against

whom

no

such

objection

exists,

20

chosen

as

above

provided.

21

Sec.

10.

Section

44.9,

subsections

2,

3,

and

5,

Code

2026,

22

are

amended

to

read

as

follows:

23

2.

In

the

office

of

the

appropriate

commissioner,

at

least

24

seventy-four

days

before

the

date

of

the

election,

except

as

25

otherwise

provided

in

subsection

3,

5,

or

6

.

26

3.

In

the

office

of

the

appropriate

school

board

secretary

27

commissioner

in

case

of

a

regularly

scheduled

school

election

,

28

at

least

forty-two

days

before

the

day

of

a

regularly

scheduled

29

school

election.

30

5.

In

the

office

of

the

appropriate

commissioner

or

31

school

board

secretary

in

case

of

a

special

election

to

32

fill

vacancies,

at

least

twenty-five

days

before

the

day

of

33

election.

34

Sec.

11.

Section

44.11,

Code

2026,

is

amended

to

read

as

35

-4-

LSB

5495SV

(1)

91

ss/ns

4/

13

S.F.

2287

follows:

1

44.11

Vacancies

filled.

2

If

a

candidate

named

under

this

chapter

withdraws

or

dies

3

before

the

deadline

established

in

section

44.9

,

declines

4

a

nomination,

or

if

a

certificate

of

nomination

is

held

5

insufficient

or

inoperative

by

the

officer

with

whom

it

6

is

required

to

be

filed,

or

in

case

any

objection

made

to

7

a

certificate

of

nomination,

or

to

the

eligibility

of

any

8

candidate

named

in

the

certificate,

is

sustained

by

the

board

9

appointed

to

determine

such

questions,

the

vacancy

or

vacancies

10

may

be

filled

by

the

convention,

or

caucus,

or

in

such

manner

11

as

such

convention

or

caucus

has

previously

provided.

The

12

vacancy

or

vacancies

shall

be

filled

not

less

than

seventy-six

13

days

before

the

election

in

the

case

of

nominations

required

to

14

be

filed

with

the

state

commissioner,

not

less

than

sixty-nine

15

days

before

the

election

in

the

case

of

nominations

required

to

16

be

filed

with

the

commissioner,

not

less

than

forty-two

days

17

before

the

election

in

the

case

of

nominations

required

to

be

18

filed

in

the

office

of

the

school

board

secretary

with

the

19

commissioner

for

school

elections

,

and

not

less

than

forty-two

20

days

before

the

election

in

the

case

of

nominations

required

to

21

be

filed

with

the

commissioner

for

city

elections.

22

Sec.

12.

Section

275.25,

subsection

1,

paragraph

b,

Code

23

2026,

is

amended

to

read

as

follows:

24

b.

The

election

shall

be

conducted

as

provided

in

section

25

277.3

,

and

nomination

petitions

shall

be

filed

pursuant

to

26

section

277.4

,

except

as

otherwise

provided

in

this

subsection

.

27

Nomination

petitions

shall

be

filed

with

the

secretary

of

the

28

board

of

the

existing

school

district

in

which

the

candidate

29

resides

county

commissioner

of

elections

described

in

paragraph

30

“a”

not

less

than

twenty-eight

days

before

the

date

set

for

the

31

special

school

election.

The

secretary

of

the

board

county

32

commissioner

of

elections

,

or

the

secretary’s

commissioner’s

33

designee,

shall

be

present

in

the

secretary’s

commissioner’s

34

office

until

5:00

p.m.

on

the

final

day

to

file

the

nomination

35

-5-

LSB

5495SV

(1)

91

ss/ns

5/

13

S.F.

2287

papers.

The

nomination

papers

shall

be

delivered

to

the

1

commissioner

no

later

than

5:00

p.m.

on

the

twenty-seventh

day

2

before

the

election.

3

Sec.

13.

Section

277.4,

subsections

1,

3,

and

4,

Code

2026,

4

are

amended

to

read

as

follows:

5

1.

Nomination

papers

for

all

candidates

for

election

6

to

office

in

each

school

district

shall

be

filed

with

the

7

secretary

of

the

school

board

county

commissioner

of

elections

8

not

more

than

seventy-one

days

nor

less

than

forty-seven

days

9

before

the

election.

Nomination

petitions

shall

be

filed

10

not

later

than

5:00

p.m.

on

the

last

day

for

filing.

If

the

11

school

board

secretary

is

not

readily

available

during

normal

12

office

hours,

the

secretary

may

designate

a

full-time

employee

13

of

the

school

district

who

is

ordinarily

available

to

accept

14

nomination

papers

under

this

section

.

On

the

final

date

for

15

filing

nomination

papers

,

the

office

of

the

school

secretary

16

county

commissioner

of

elections

shall

remain

open

until

5:00

17

p.m.

18

3.

The

secretary

of

the

school

board

county

commissioner

19

of

elections

shall

accept

the

petition

for

filing

if

on

its

20

face

it

appears

to

have

the

requisite

number

of

signatures

21

and

if

it

is

timely

filed.

The

secretary

of

the

school

board

22

county

commissioner

of

elections

shall

note

upon

each

petition

23

and

affidavit

accepted

for

filing

the

date

and

time

that

the

24

petition

was

filed.

The

secretary

of

the

school

board

shall

25

deliver

all

nomination

petitions,

together

with

the

complete

26

text

of

any

public

measure

being

submitted

by

the

board

to

the

27

electorate

,

to

the

county

commissioner

of

elections

on

the

day

28

following

the

last

day

on

which

nomination

petitions

can

be

29

filed,

and

not

later

than

12:00

noon

on

that

day.

30

4.

Any

person

on

whose

behalf

nomination

petitions

have

been

31

filed

under

this

section

may

withdraw

as

a

candidate

by

filing

32

a

signed

statement

to

that

effect

with

the

secretary

county

33

commissioner

of

elections

consistent

with

section

44.9

.

34

Sec.

14.

Section

277.5,

Code

2026,

is

amended

to

read

as

35

-6-

LSB

5495SV

(1)

91

ss/ns

6/

13

S.F.

2287

follows:

1

277.5

Objections

to

nominations.

2

1.

Objections

to

the

legal

sufficiency

of

a

nomination

3

petition

or

to

the

eligibility

of

a

candidate

may

be

filed

by

4

any

person

who

would

have

the

right

to

vote

for

a

candidate

for

5

the

office

in

question.

The

objection

must

be

filed

with

the

6

secretary

of

the

school

board

county

commissioner

of

elections

7

at

least

forty-two

days

before

the

day

of

the

school

election.

8

When

objections

are

filed

,

notice

shall

forthwith

be

given

to

9

the

candidate

affected,

addressed

to

the

candidate’s

place

10

of

residence

as

given

on

the

candidate’s

affidavit,

stating

11

that

objections

have

been

made

to

the

legal

sufficiency

of

12

the

petition

or

to

the

eligibility

of

the

candidate,

and

also

13

stating

the

time

and

place

the

objections

will

be

considered.

14

2.

Objections

shall

be

considered

not

later

than

two

working

15

days

following

the

receipt

of

the

objections

by

the

president

16

of

the

school

board,

the

secretary

of

the

school

board,

and

17

one

additional

member

of

the

school

board

chosen

by

ballot.

18

If

objections

have

been

filed

to

the

nominations

of

either

of

19

those

school

officials,

that

official

shall

not

pass

on

the

20

objection.

The

official’s

place

shall

be

filled

by

a

member

21

of

the

school

board

against

whom

no

objection

exists.

The

22

replacement

shall

be

chosen

by

ballot

as

provided

in

section

23

44.7

.

24

Sec.

15.

Section

279.6,

subsection

1,

paragraph

b,

25

subparagraph

(1),

Code

2026,

is

amended

to

read

as

follows:

26

(1)

If

within

fourteen

days

after

publication

of

a

notice

27

required

pursuant

to

paragraph

“a”

for

a

vacancy

that

occurs

28

more

than

one

hundred

eighty

days

before

the

next

regular

29

school

election,

or

after

the

filing

period

closes

pursuant

30

to

section

277.4,

subsection

1

,

for

the

next

regular

school

31

election,

there

is

filed

with

the

secretary

of

the

school

32

board

county

commissioner

of

elections

a

petition

requesting

a

33

special

election

to

fill

the

vacancy,

an

appointment

to

fill

34

the

vacancy

is

temporary

until

a

successor

is

elected

and

35

-7-

LSB

5495SV

(1)

91

ss/ns

7/

13

S.F.

2287

qualified,

and

the

board

shall

call

a

special

election

pursuant

1

to

section

279.7

,

to

fill

the

vacancy

for

the

remaining

balance

2

of

the

unexpired

term.

3

Sec.

16.

Section

279.6,

subsection

2,

Code

2026,

is

amended

4

to

read

as

follows:

5

2.

A

vacancy

shall

be

filled

at

the

next

regular

school

6

election

if

a

member

of

a

school

board

resigns

from

the

7

board

not

later

than

forty-five

days

before

the

election

8

and

the

notice

of

resignation

specifies

an

effective

date

9

at

the

beginning

of

the

next

term

of

office

for

elective

10

school

officials.

The

president

of

the

board

shall

declare

11

the

office

vacant

as

of

the

date

of

the

next

organizational

12

meeting.

Nomination

papers

shall

be

received

filed

with

the

13

county

commissioner

of

elections

for

the

unexpired

term

of

14

the

resigning

member.

The

person

elected

at

the

next

regular

15

school

election

to

fill

the

vacancy

shall

take

office

at

the

16

same

time

and

place

as

the

other

elected

school

board

members.

17

Sec.

17.

Section

362.4,

subsection

3,

Code

2026,

is

amended

18

to

read

as

follows:

19

3.

Petitions

which

have

been

accepted

for

filing

are

20

valid

unless

written

objections

are

filed

with

the

city

clerk

21

commissioner

within

five

working

days

after

the

petition

is

22

received.

The

objection

process

in

section

44.8

shall

be

23

followed.

24

Sec.

18.

Section

376.4,

subsections

1,

3,

4,

5,

and

6,

Code

25

2026,

are

amended

to

read

as

follows:

26

1.

a.

An

eligible

elector

of

a

city

may

become

a

candidate

27

for

an

elective

city

office

by

filing

with

the

county

28

commissioner

of

elections

responsible

under

section

47.2

29

for

conducting

elections

held

for

the

city

a

valid

petition

30

requesting

that

the

elector’s

name

be

placed

on

the

ballot

for

31

that

office

,

or

by

filing

a

valid

petition

with

the

designated

32

city

clerk

.

The

petition

must

be

filed

not

more

than

33

seventy-one

days

and

not

less

than

forty-seven

days

before

the

34

date

of

the

election,

and

must

be

signed

by

eligible

electors

35

-8-

LSB

5495SV

(1)

91

ss/ns

8/

13

S.F.

2287

equal

in

number

to

at

least

two

percent

of

those

who

voted

to

1

fill

the

same

office

at

the

last

regular

city

election,

but

not

2

less

than

ten

persons.

However,

for

those

cities

which

may

be

3

required

to

hold

a

primary

election,

the

petition

must

be

filed

4

not

more

than

eighty-five

days

and

not

less

than

sixty-eight

5

days

before

the

date

of

the

regular

city

election.

Nomination

6

petitions

shall

be

filed

not

later

than

5:00

p.m.

on

the

last

7

day

for

filing.

8

b.

The

petitioners

for

an

individual

seeking

election

from

9

a

ward

must

be

residents

of

the

ward

at

the

time

of

signing

the

10

petition.

An

individual

is

not

eligible

for

election

from

a

11

ward

unless

the

individual

is

a

resident

of

the

ward

at

the

12

time

the

individual

files

the

petition

and

at

the

time

of

13

election.

14

c.

The

county

commissioner

may

designate

the

city

clerk

of

15

a

city

to

receive

nomination

papers

for

elective

city

offices.

16

If

so

designated,

the

city

clerk

shall

have

all

the

duties

of

17

the

county

commissioner

provided

in

this

section

.

18

3.

On

the

final

date

for

filing

nomination

papers

the

office

19

of

the

county

commissioner

and

the

office

of

the

city

clerk

20

designated

pursuant

to

subsection

1

shall

remain

open

until

21

5:00

p.m.

22

4.

The

county

commissioner

or

the

city

clerk

designated

23

pursuant

to

subsection

1

shall

review

each

petition

and

24

affidavit

of

candidacy

for

completeness

following

the

standards

25

in

section

45.5

and

shall

accept

the

petition

for

filing

26

if

on

its

face

it

appears

to

have

the

requisite

number

of

27

signatures

and

if

it

is

timely

filed.

The

county

commissioner

28

or

the

designated

city

clerk

shall

note

upon

each

petition

and

29

affidavit

accepted

for

filing

the

date

and

time

that

they

were

30

filed.

The

county

commissioner

or

the

designated

city

clerk

31

shall

return

any

rejected

nomination

papers

to

the

person

on

32

whose

behalf

the

nomination

papers

were

filed.

33

5.

Nomination

papers

filed

with

the

county

commissioner

or

34

the

city

clerk

designated

pursuant

to

subsection

1

shall

be

35

-9-

LSB

5495SV

(1)

91

ss/ns

9/

13

S.F.

2287

available

for

public

inspection.

1

6.

The

city

clerk

shall

deliver

the

text

of

any

public

2

measure

being

submitted

by

the

city

council

to

the

electorate

3

to

the

county

commissioner

of

elections.

If

the

county

4

commissioner

has

designated

the

city

clerk

to

receive

5

nomination

papers

for

elective

city

offices

pursuant

to

6

subsection

1

,

the

city

clerk

shall

deliver

the

nomination

7

papers

accepted

for

filing

to

the

county

commissioner.

The

8

text

of

any

public

measure

and

nomination

papers

required

to

9

be

delivered

under

this

subsection

shall

be

delivered

no

later

10

than

the

day

after

the

last

day

on

which

nomination

petitions

11

can

be

filed,

and

not

later

than

12:00

noon

on

that

day.

12

Sec.

19.

Section

376.10,

Code

2026,

is

amended

to

read

as

13

follows:

14

376.10

Contest.

15

A

nomination

or

election

to

a

city

office

may

be

contested

in

16

the

manner

provided

in

chapter

62

for

contesting

elections

to

17

county

offices,

except

that

a

statement

of

intent

to

contest

18

must

be

filed

with

the

city

clerk

county

commissioner

of

19

elections

within

ten

days

after

the

nomination

or

election.

20

Sec.

20.

Section

376.11,

subsections

1

and

2,

Code

2026,

are

21

amended

to

read

as

follows:

22

1.

Write-in

votes

are

permitted

to

be

cast

in

all

elections

23

for

city

offices.

A

person

who

receives

a

sufficient

number

of

24

write-in

votes

to

be

elected

to

a

city

office

shall

be

declared

25

the

winner

of

the

election.

If

the

result

is

a

tie

vote,

lots

26

shall

be

drawn

pursuant

to

section

50.44

.

If

a

person

who

was

27

elected

by

write-in

votes

chooses

not

to

serve

in

that

office,

28

the

person

shall

submit

a

resignation

in

writing

to

the

city

29

clerk

county

commissioner

of

elections

not

later

than

5:00

p.m.

30

on

the

tenth

day

following

the

canvass

of

the

election.

If

a

31

person

who

was

elected

by

write-in

votes

resigns

at

a

later

32

time,

the

office

shall

be

considered

vacant

at

the

end

of

the

33

term

and

the

council

shall

fill

the

vacancy

pursuant

to

the

34

provisions

of

section

372.13,

subsection

2

.

35

-10-

LSB

5495SV

(1)

91

ss/ns

10/

13

S.F.

2287

2.

Except

in

cities

where

the

council

has

chosen

a

runoff

1

election

in

lieu

of

a

primary,

following

the

resignation

of

2

a

person

who

was

elected

by

write-in

votes,

the

city

clerk

3

shall

notify

the

person

who

received

the

next

highest

number

4

of

votes

cast

for

the

office

that

the

person

may

assume

the

5

office.

If

there

is

more

than

one

person

who

received

the

6

next

highest

number

of

votes

cast

for

the

office,

lots

shall

7

be

drawn

pursuant

to

section

50.44

to

determine

the

person

8

who

received

the

next

highest

number

of

votes.

If

the

person

9

accepts

the

position,

the

person

shall

be

considered

the

10

duly

elected

officer

unless,

within

ten

days

after

the

clerk

11

county

commissioner

of

elections

has

given

notice,

a

petition

12

requesting

a

special

election

is

filed

by

eligible

electors

of

13

the

city

equal

in

number

to

twenty-five

percent

of

the

number

14

of

persons

who

voted

for

the

office

at

the

election.

If

the

15

person

declines,

the

person

shall

do

so

in

writing

to

the

city

16

clerk

county

commissioner

of

elections

within

ten

days

and

the

17

office

shall

be

considered

vacant

at

the

end

of

the

term.

The

18

vacancy

shall

be

filled

pursuant

to

the

provisions

of

section

19

372.13,

subsection

2

.

If

the

council

chooses

to

appoint,

the

20

appointment

may

be

made

before

the

end

of

the

current

term.

21

EXPLANATION

22

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

23

the

explanation’s

substance

by

the

members

of

the

general

assembly.

24

This

bill

relates

to

the

conduct

of

elections.

25

DIVISION

I

——

ELECTION

MISCONDUCT

——

INVESTIGATION.

The

26

bill

defines

“election

day”

for

the

purposes

of

election

27

misconduct

to

include

any

day

on

which

voting

takes

place

in

28

person,

including

absentee

voting

at

the

offices

of

a

county

29

commissioner

of

elections

or

at

a

satellite

absentee

voting

30

station.

The

bill

requires

a

law

enforcement

agency

or

31

other

entity

of

a

state

or

political

subdivision

of

the

state

32

that

is

investigating

an

election,

the

actions

of

election

33

officials,

or

election

misconduct

to

immediately

notify

the

34

state

commissioner

of

elections,

or

the

governor

if

the

state

35

-11-

LSB

5495SV

(1)

91

ss/ns

11/

13

S.F.

2287

commissioner

of

elections

is

under

investigation.

1

DIVISION

II

——

CANCELLATION

OF

VOTER

REGISTRATION.

The

2

bill

requires

a

voter

registration

that

has

been

designated

as

3

incomplete,

pending,

or

unconfirmed

for

90

days

to

be

canceled

4

if

the

county

commissioner

of

elections

has

been

unable

to

5

contact

the

registrant

or

the

registrant

has

failed

to

submit

6

sufficient

information

to

complete,

verify,

or

correct

the

7

defect

in

the

registration.

8

DIVISION

III

——

ELECTION

RECOUNTS

——

PUBLIC

MEASURES.

The

9

bill

changes

the

minimum

threshold

for

conducting

a

recount

10

of

a

public

measure

that

is

not

voted

on

by

the

electors

of

11

the

entire

state

and

that

requires

an

affirmative

vote

of

at

12

least

60

percent

of

the

votes

cast

on

the

measure

to

be

a

13

difference

between

passage

and

defeat

of

at

least

1

percent

or

14

50

votes,

whichever

is

lesser.

The

bill

changes

the

makeup

of

15

a

recount

board

for

a

public

measure

to

consist

of

the

county

16

commissioner

of

elections

and

the

commissioner’s

staff,

which

17

may

include

persons

employed

by

the

commissioner

to

tally

18

ballots,

instead

of

a

designee

of

the

petitioner

requesting

the

19

recount,

a

designee

selected

by

the

commissioner,

and

a

third

20

person

chosen

jointly

by

the

other

designees.

21

DIVISION

IV

——

ELECTION

SECURITY.

The

bill

updates

22

references

to

the

United

States

election

assistance

commission

23

and

the

federal

Help

America

Vote

Act.

The

bill

requires

all

24

election

equipment,

including

election

equipment

that

is

not

25

currently

in

use,

to

be

secured

with

a

tamper-evident

seal

at

26

all

times.

27

DIVISION

V

——

SPECIAL

PRECINCT

ELECTION

BOARD.

The

bill

28

requires

a

county

commissioner

of

elections

to

set

a

convening

29

time

for

the

election

board

of

the

absentee

ballot

and

special

30

voters

precinct

of

no

later

than

9:00

a.m.

on

election

day

31

for

general

and

statewide

special

elections.

Under

current

32

law,

election

boards

of

absentee

ballot

and

special

voters

33

precincts

must

be

convened

by

9:00

a.m.

on

election

day

for

all

34

elections.

35

-12-

LSB

5495SV

(1)

91

ss/ns

12/

13

S.F.

2287

DIVISION

VI

——

LOCAL

ELECTION

FILINGS.

The

bill

requires

1

all

filings

for

city

and

school

elections

to

be

made

with

the

2

county

commissioner

of

elections

and

removes

the

authority

of

a

3

county

commissioner

of

elections

to

designate

a

city

clerk

to

4

accept

election

filings.

The

bill

also

requires

objections

to

5

petitions

in

city

elections

to

be

heard

by

the

county

auditor,

6

county

treasurer,

and

county

attorney.

7

-13-

LSB

5495SV

(1)

91

ss/ns

13/

13