Iowa-2017-HF2151-Introduced
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:
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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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