Bill Text: IA HF363 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act changing the date of the primary election.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-16 - Introduced, referred to State Government. H.J. 409. [HF363 Detail]

Download: Iowa-2017-HF363-Introduced.html

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House File 363 - Introduced




                                 HOUSE FILE       
                                 BY  McKEAN

                                      A BILL FOR

  1 An Act changing the date of the primary election.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2056HH (3) 87
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PAG LIN



  1  1    Section 1.  Section 43.7, Code 2017, is amended to read as
  1  2 follows:
  1  3    43.7  Time of holding.
  1  4    The primary election by all political parties shall be held
  1  5 at the usual voting places of the several precincts on the
  1  6 first Tuesday after the first Monday in June September in each
  1  7 even=numbered year.
  1  8    Sec. 2.  Section 43.73, unnumbered paragraph 1, Code 2017,
  1  9 is amended to read as follows:
  1 10    Not less than sixty=nine forty=six days before the general
  1 11 election the state commissioner shall certify to each
  1 12 commissioner, under separate party headings, the name of each
  1 13 person nominated as shown by the official canvass made by the
  1 14 executive council, or as certified to the state commissioner
  1 15 by the proper persons when any person has been nominated by
  1 16 a convention or by a party committee, or by petition, the
  1 17 office to which the person is nominated, and the order in which
  1 18 federal and state offices, judges, constitutional amendments,
  1 19 and state public measures shall appear on the official ballot.
  1 20    Sec. 3.  Section 43.76, Code 2017, is amended to read as
  1 21 follows:
  1 22    43.76  Withdrawal of nominated candidates.
  1 23    1.  A candidate nominated in a primary election for any
  1 24 office for which nomination papers are required to be filed
  1 25 with the state commissioner may withdraw as a nominee for that
  1 26 office on or before, but not later than, the eighty=ninth
  1 27  fiftieth day before the date of the general election by so
  1 28 notifying the state commissioner in writing.
  1 29    2.  A candidate nominated in a primary election for any
  1 30 office for which nomination papers are required to be filed
  1 31 with the commissioner may withdraw as a nominee for that
  1 32 office on or before, but not later than, the seventy=fourth
  1 33  fifty=fifth day before the date of the general election by so
  1 34 notifying the commissioner in writing.
  1 35    Sec. 4.  Section 43.78, subsections 2 and 3, Code 2017, are
  2  1 amended to read as follows:
  2  2    2.  The name of any candidate designated to fill a vacancy on
  2  3 the general election ballot in accordance with subsection 1,
  2  4 paragraph "a", "b", or "c", shall be submitted in writing to the
  2  5 state commissioner not later than 5:00 p.m. on the eighty=first
  2  6  forty=sixth day before the date of the general election.
  2  7    3.  The name of any candidate designated to fill a vacancy
  2  8 on the general election ballot in accordance with subsection
  2  9 1, paragraph "d", "e", or "f", shall be submitted in writing to
  2 10 the commissioner not later than 5:00 p.m. on the sixty=ninth
  2 11  fifty=sixth day before the date of the general election.
  2 12    Sec. 5.  Section 43.77, subsection 3, Code 2017, is amended
  2 13 to read as follows:
  2 14    3.  The person nominated in the primary election as the
  2 15 party's candidate for that office subsequently withdrew as
  2 16 permitted by section 43.76, was found to lack the requisite
  2 17 qualifications for the office, or died, at a time not later
  2 18 than the eighty=ninth fiftieth day before the date of the
  2 19 general election in the case of an office for which nomination
  2 20 papers must be filed with the state commissioner and not later
  2 21 than the seventy=fourth fifty=fifth day before the date of the
  2 22 general election in the case of an office for which nomination
  2 23 papers must be filed with the county commissioner.
  2 24    Sec. 6.  Section 43.79, Code 2017, is amended to read as
  2 25 follows:
  2 26    43.79  Death of candidate after time for withdrawal.
  2 27    The death of a candidate nominated as provided by law for any
  2 28 office to be filled at a general election, during the period
  2 29 beginning on the eighty=eighth fiftieth day before the general
  2 30 election, in the case of any candidate whose nomination papers
  2 31 were filed with the state commissioner, or beginning on the
  2 32 seventy=third fifty=fifth day before the general election, in
  2 33 the case of any candidate whose nomination papers were filed
  2 34 with the commissioner, and ending on the last day before the
  2 35 general election shall not operate to remove the deceased
  3  1 candidate's name from the general election ballot. If the
  3  2 deceased candidate was seeking the office of senator or
  3  3 representative in the Congress of the United States, governor,
  3  4 attorney general, senator or representative in the general
  3  5 assembly or county supervisor, section 49.58 shall control. If
  3  6 the deceased candidate was seeking any other office, and as a
  3  7 result of the candidate's death a vacancy is subsequently found
  3  8 to exist, the vacancy shall be filled as provided by chapter
  3  9 69.
  3 10    Sec. 7.  Section 53.2, subsection 1, paragraph a, Code 2017,
  3 11 is amended to read as follows:
  3 12    a.  Any registered voter, under the circumstances specified
  3 13 in section 53.1, may on any day, except election day, and
  3 14 not more than seventy forty=five days prior to before the
  3 15 date of the general election and not more than seventy days
  3 16 before the date of any other election, apply in person for an
  3 17 absentee ballot at the commissioner's office or at any location
  3 18 designated by the commissioner. However, for those elections
  3 19 in which the commissioner directs the polls be opened at noon
  3 20 pursuant to section 49.73, a voter may apply in person for an
  3 21 absentee ballot at the commissioner's office from 8:00 a.m.
  3 22 until 11:00 a.m. on election day.
  3 23                           EXPLANATION
  3 24 The inclusion of this explanation does not constitute agreement with
  3 25 the explanation's substance by the members of the general assembly.
  3 26    This bill changes the date of holding the primary election
  3 27 from the first Tuesday after the first Monday in June in each
  3 28 even=numbered year to the first Tuesday after the first Monday
  3 29 in September in each even=numbered year. The dates for other
  3 30 deadlines related to the primary and general election are
  3 31 changed accordingly. Additional corresponding changes may be
  3 32 required.
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