Bill Text: IA HF2151 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act differentiating between filing deadlines for incumbents and nonincumbents.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced - Dead) 2018-01-30 - Subcommittee: Highfill, Hunter and Koester. H.J. 171. [HF2151 Detail]
Download: Iowa-2017-HF2151-Introduced.html
House File 2151 - Introduced HOUSE FILE BY STAED, ISENHART, McKEAN, NIELSEN, WOLFE, KURTH, LENSING, WINCKLER, and GAINES A BILL FOR 1 An Act differentiating between filing deadlines for incumbents 2 and nonincumbents. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5161YH (5) 87 ss/jh PAG LIN 1 1 Section 1. Section 43.11, Code 2018, is amended to read as 1 2 follows: 1 3 43.11 Filing of nomination papers. 1 4 Nomination papers in behalf of a candidate shall be filed: 1 5 1. For an elective county office, in the office of the 1 6 county commissioner not earlier than ninety=two days nor later 1 7 than 5:00 p.m. on thesixty=ninthfifty=fifth day before 1 8 the day fixed for holding the primary election, except that 1 9 incumbent candidates shall file no later than 5:00 p.m. on the 1 10 sixty=ninth day before the day fixed for holding the primary 1 11 election. 1 12 2. For United States senator, for an elective state 1 13 office, for representative in Congress, and for member of the 1 14 general assembly, in the office of the state commissioner not 1 15 earlier than ninety=nine days nor later than 5:00 p.m. on the 1 16eighty=firstsixty=seventh day before the day fixed for holding 1 17 the primary election, except that incumbent candidates shall 1 18 file no later than 5:00 p.m. on the eighty=first day before the 1 19 day fixed for holding the primary election. 1 20 Sec. 2. Section 44.4, subsection 1, Code 2018, is amended 1 21 to read as follows: 1 22 1. Nominations made pursuant to this chapter and chapter 1 23 45 which are required to be filed in the office of the state 1 24 commissioner shall be filed in that office not more than 1 25 ninety=nine days nor later than 5:00 p.m. on theseventy=third 1 26fifty=ninth day before the date of the general election to be 1 27 held in November, except that incumbent candidates shall file 1 28 no later than 5:00 p.m. on the seventy=third day before the 1 29 date of the general election. Nominations made for a special 1 30 election called pursuant to section 69.14 shall be filed by 1 31 5:00 p.m. not less thantwenty=fiveeleven days before the date 1 32 of an election called upon at least forty days' notice, except 1 33 that incumbent candidates shall file no later than 5:00 p.m. 1 34 twenty=five days before such an election, and not less than 1 35 fourteen days before the date of an election called upon at 2 1 least eighteen days' notice. Nominations made for a special 2 2 election called pursuant to section 69.14A shall be filed by 2 3 5:00 p.m. not less thantwenty=fiveeleven days before the 2 4 date of the election, except that incumbent candidates shall 2 5 file no later than 5:00 p.m. twenty=five days before such 2 6 an election. Nominations made pursuant to this chapter and 2 7 chapter 45 which are required to be filed in the office of 2 8 the commissioner shall be filed in that office not more than 2 9 ninety=two days nor later than 5:00 p.m. on thesixty=ninth 2 10fifty=fifth day before the date of the general election, except 2 11 that incumbent candidates shall file no later than 5:00 p.m. on 2 12 the sixty=ninth day before the date of the general election. 2 13 Nominations made pursuant to this chapter or chapter 45 for 2 14 city office shall be filed not more than seventy=two days 2 15 nor later than 5:00 p.m. on theforty=sevenththirty=third 2 16 day before the city election with the county commissioner 2 17 of elections responsible under section 47.2 for conducting 2 18 elections held for the city, who shall process them as provided 2 19 by law, except that incumbent candidates shall file no later 2 20 than 5:00 p.m. on the forty=seventh day before the election. 2 21 Sec. 3. Section 54.5, subsection 1, paragraph a, Code 2018, 2 22 is amended to read as follows: 2 23 a. The names of the candidates for president and vice 2 24 president of a political party as defined in the law relating 2 25 to primary elections, shall, by 5:00 p.m. on theeighty=first 2 26sixty=seventh day before the election, be certified to the 2 27 state commissioner by the chairperson and secretary of the 2 28 state central committee of the party, except that incumbent 2 29 candidates shall be so certified no later than 5:00 p.m. on the 2 30 eighty=first day before the election. 2 31 Sec. 4. Section 69.12, subsection 1, paragraph b, 2 32 subparagraphs (3) and (4), Code 2018, are amended to read as 2 33 follows: 2 34 (3) Thefortiethtwenty=sixth day before a regularly 2 35 scheduled school election. 3 1 (4) Thetwenty=fiftheleventh day before a special 3 2 election. 3 3 Sec. 5. Section 372.13, subsection 2, paragraph b, 3 4 subparagraph (1), Code 2018, is amended to read as follows: 3 5 (1) By a special election held to fill the office for the 3 6 remaining balance of the unexpired term. If the council opts 3 7 for a special election or a valid petition is filed under 3 8 paragraph "a", the special election may be held concurrently 3 9 with any pending election as provided by section 69.12 3 10 if by so doing the vacancy will be filled not more than 3 11 ninety days after it occurs. Otherwise, a special election 3 12 to fill the office shall be called by the council at the 3 13 earliest practicable date. The council shall give the county 3 14 commissioner at least thirty=two days' written notice of the 3 15 date chosen for the special election. The council of a city 3 16 where a primary election may be required shall give the county 3 17 commissioner at least sixty days' written notice of the date 3 18 chosen for the special election. A special election held under 3 19 this subsection is subject to sections 376.4 through 376.11, 3 20 but the dates for actions in relation to the special election 3 21 shall be calculated with regard to the date for which the 3 22 special election is called. However, a nomination petition 3 23 must be filed not less thantwenty=fiveeleven days before the 3 24 date of the special election and, where a primary election may 3 25 be required, a nomination petition must be filed not less than 3 26fifty=threethirty=nine days before the date of the special 3 27 election. 3 28 Sec. 6. Section 376.4, subsection 1, paragraph a, Code 2018, 3 29 is amended to read as follows: 3 30 a. An eligible elector of a city may become a candidate for 3 31 an elective city office by filing with the county commissioner 3 32 of elections responsible under section 47.2 for conducting 3 33 elections held for the city a valid petition requesting that 3 34 the elector's name be placed on the ballot for that office, or 3 35 by filing a valid petition with the designated city clerk. The 4 1 petition must be filed not more than seventy=one days and not 4 2 less thanforty=seventhirty=three days before the date of the 4 3 election, except that incumbent candidates shall file no later 4 4 than forty=seven days before the election, and must be signed 4 5 by eligible electors equal in number to at least two percent 4 6 of those who voted to fill the same office at the last regular 4 7 city election, but not less than ten persons. However, for 4 8 those cities which may be required to hold a primary election, 4 9 the petition must be filed not more than eighty=five days and 4 10 not less thansixty=eightfifty=four days before the date of 4 11 the regular city election, except that incumbent candidates 4 12 shall file no later than sixty=eight days before the date of 4 13 the regular city election. Nomination petitions shall be filed 4 14 not later than 5:00 p.m. on the last day for filing. 4 15 EXPLANATION 4 16 The inclusion of this explanation does not constitute agreement with 4 17 the explanation's substance by the members of the general assembly. 4 18 This bill extends the filing deadline for nonincumbent 4 19 candidates by two weeks for all city, county, state, and 4 20 federal elections except special elections called with at least 4 21 18 days' but less than 40 days' notice, including elections 4 22 to fill vacancies that occur during the term of an elected 4 23 official. LSB 5161YH (5) 87 ss/jh