Bill Text: IA HF2151 | 2017-2018 | 87th General Assembly | Introduced

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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

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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
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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 the sixty=ninth fifty=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 16 eighty=first sixty=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 the seventy=third
  1 26  fifty=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 than twenty=five eleven 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 than twenty=five eleven 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 the sixty=ninth
  2 10  fifty=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 the forty=seventh thirty=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 the eighty=first
  2 26  sixty=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)  The fortieth twenty=sixth day before a regularly
  2 35 scheduled school election.
  3  1    (4)  The twenty=fifth eleventh 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 than twenty=five eleven 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 26 fifty=three thirty=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 than forty=seven thirty=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 than sixty=eight fifty=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.
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