49.16 - TENURE OF ELECTION BOARD PANEL.
49.16 TENURE OF ELECTION BOARD PANEL.
Each person whose name is placed on the election board panel as
provided in section 49.15, shall remain available for appointment to
the election board of the precinct, subject to the provisions of
section 49.12, until a new panel is drawn up unless the person's name
is sooner deleted from the panel by the commissioner. The election
board for each election held in the precinct shall be drawn from the
panel, however:
1. No person shall serve on the election board at any election in
which the person or any person related to the person within the third
degree of consanguinity or affinity is a candidate to be voted upon
in that precinct, and it shall be the responsibility of each person
whose name is listed on the election board panel to notify the
commissioner not less than fifteen days before any election at which
the person is ineligible to serve by reason of this subsection.
However, this subsection shall not apply in the case of any candidate
or relative of a candidate seeking an office or nomination which no
opposing candidate is seeking. Any candidate for an office or for
nomination to an office to which two or more persons are to be
elected at large is unopposed, for the purpose of this subsection, if
the number of candidates for the office or nomination does not exceed
the number of persons to be elected or nominated.
2. When all or portions of two or more precincts are merged for
any election as permitted by section 49.11, subsection 3, paragraph
"a", the commissioner may appoint the election board for the
merged precinct from the election board panels of any of the
precincts so merged. When any permanent precinct is divided as
permitted by section 49.11, subsection 3, paragraph "c", the
commissioner shall so far as possible appoint the election board for
each of the temporary precincts so created from the election board
panel of the permanent precinct.
3. Persons whose names are listed on the election board panel
shall not be required to serve on the election board for any election
which by the terms of the statute authorizing it is exempt from the
provisions of this chapter. The necessary officers for such
elections shall be designated as provided by law or, if there is no
applicable statute, by the commissioner.
4. In appointing the election board for any election conducted
for a city of three thousand five hundred or less population, or any
school district, the commissioner may give preference to any persons
who are willing to serve without pay at those elections.
5. A person shall not serve on the precinct election board as a
representative of a political party if the person has changed
political party affiliation from that of the political party which
selected the person to serve as a precinct election official. If a
precinct election official records a change of political party, the
official's name shall be removed from the list of precinct election
officials for that political party. The chairperson of the political
party shall be notified of the vacancy and may designate a
replacement. If the chairperson of another political party later
designates the person as a precinct election official, the person may
serve, if qualified. Section History: Early Form
[C75, 77, 79, 81, § 49.16] Section History: Recent Form
97 Acts, ch 170, § 24; 2008 Acts, ch 1032, §195
Referred to in § 49.14, 49.19