Bill Text: IA HF415 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act differentiating between filing deadlines for incumbents and nonincumbents.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-02-18 - Introduced, referred to State Government. H.J. 303. [HF415 Detail]

Download: Iowa-2019-HF415-Introduced.html
House File 415 - Introduced HOUSE FILE 415 BY STAED A BILL FOR An Act differentiating between filing deadlines for incumbents 1 and nonincumbents. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2526YH (3) 88 ss/jh
H.F. 415 Section 1. Section 43.11, Code 2019, is amended to read as 1 follows: 2 43.11 Filing of nomination papers. 3 Nomination papers in behalf of a candidate shall be filed: 4 1. For an elective county office, in the office of the 5 county commissioner not earlier than ninety-two days nor later 6 than 5:00 p.m. on the sixty-ninth fifty-fifth day before 7 the day fixed for holding the primary election , except that 8 incumbent candidates shall file no later than 5:00 p.m. on the 9 sixty-ninth day before the day fixed for holding the primary 10 election . 11 2. For United States senator, for an elective state 12 office, for representative in Congress, and for member of the 13 general assembly, in the office of the state commissioner not 14 earlier than ninety-nine days nor later than 5:00 p.m. on the 15 eighty-first sixty-seventh day before the day fixed for holding 16 the primary election , except that incumbent candidates shall 17 file no later than 5:00 p.m. on the eighty-first day before the 18 day fixed for holding the primary election . 19 Sec. 2. Section 44.4, subsection 1, Code 2019, is amended 20 to read as follows: 21 1. Nominations made pursuant to this chapter and chapter 22 45 which are required to be filed in the office of the state 23 commissioner shall be filed in that office not more than 24 ninety-nine days nor later than 5:00 p.m. on the seventy-third 25 fifty-ninth day before the date of the general election to be 26 held in November , except that incumbent candidates shall file 27 no later than 5:00 p.m. on the seventy-third day before the 28 date of the general election . Nominations made for a special 29 election called pursuant to section 69.14 shall be filed by 30 5:00 p.m. not less than twenty-five eleven days before the date 31 of an election called upon at least forty days’ notice , except 32 that incumbent candidates shall file no later than 5:00 p.m. 33 twenty-five days before such an election, and not less than 34 fourteen days before the date of an election called upon at 35 -1- LSB 2526YH (3) 88 ss/jh 1/ 4
H.F. 415 least eighteen days’ notice. Nominations made for a special 1 election called pursuant to section 69.14A shall be filed by 2 5:00 p.m. not less than twenty-five eleven days before the 3 date of the election , except that incumbent candidates shall 4 file no later than 5:00 p.m. twenty-five days before such 5 an election . Nominations made pursuant to this chapter and 6 chapter 45 which are required to be filed in the office of 7 the commissioner shall be filed in that office not more than 8 ninety-two days nor later than 5:00 p.m. on the sixty-ninth 9 fifty-fifth day before the date of the general election , except 10 that incumbent candidates shall file no later than 5:00 p.m. on 11 the sixty-ninth day before the date of the general election . 12 Nominations made pursuant to this chapter or chapter 45 for 13 city office shall be filed not more than seventy-two days 14 nor later than 5:00 p.m. on the forty-seventh thirty-third 15 day before the city election with the county commissioner 16 of elections responsible under section 47.2 for conducting 17 elections held for the city, who shall process them as provided 18 by law , except that incumbent candidates shall file no later 19 than 5:00 p.m. on the forty-seventh day before the election . 20 Sec. 3. Section 54.5, subsection 1, paragraph a, Code 2019, 21 is amended to read as follows: 22 a. The names of the candidates for president and vice 23 president of a political party as defined in the law relating 24 to primary elections, shall, by 5:00 p.m. on the eighty-first 25 sixty-seventh day before the election, be certified to the 26 state commissioner by the chairperson and secretary of the 27 state central committee of the party , except that incumbent 28 candidates shall be so certified no later than 5:00 p.m. on the 29 eighty-first day before the election . 30 Sec. 4. Section 69.12, subsection 1, paragraph b, 31 subparagraphs (3) and (4), Code 2019, are amended to read as 32 follows: 33 (3) The fortieth twenty-sixth day before a regularly 34 scheduled school election. 35 -2- LSB 2526YH (3) 88 ss/jh 2/ 4
H.F. 415 (4) The twenty-fifth eleventh day before a special 1 election. 2 Sec. 5. Section 372.13, subsection 2, paragraph b, 3 subparagraph (1), Code 2019, is amended to read as follows: 4 (1) By a special election held to fill the office for the 5 remaining balance of the unexpired term. If the council opts 6 for a special election or a valid petition is filed under 7 paragraph “a” , the special election may be held concurrently 8 with any pending election as provided by section 69.12 9 if by so doing the vacancy will be filled not more than 10 ninety days after it occurs. Otherwise, a special election 11 to fill the office shall be called by the council at the 12 earliest practicable date. The council shall give the county 13 commissioner at least thirty-two days’ written notice of the 14 date chosen for the special election. The council of a city 15 where a primary election may be required shall give the county 16 commissioner at least sixty days’ written notice of the date 17 chosen for the special election. A special election held under 18 this subsection is subject to sections 376.4 through 376.11 , 19 but the dates for actions in relation to the special election 20 shall be calculated with regard to the date for which the 21 special election is called. However, a nomination petition 22 must be filed not less than twenty-five eleven days before the 23 date of the special election and, where a primary election may 24 be required, a nomination petition must be filed not less than 25 fifty-three thirty-nine days before the date of the special 26 election. 27 Sec. 6. Section 376.4, subsection 1, paragraph a, Code 2019, 28 is amended to read as follows: 29 a. An eligible elector of a city may become a candidate for 30 an elective city office by filing with the county commissioner 31 of elections responsible under section 47.2 for conducting 32 elections held for the city a valid petition requesting that 33 the elector’s name be placed on the ballot for that office, or 34 by filing a valid petition with the designated city clerk. The 35 -3- LSB 2526YH (3) 88 ss/jh 3/ 4
H.F. 415 petition must be filed not more than seventy-one days and not 1 less than forty-seven thirty-three days before the date of the 2 election, except that incumbent candidates shall file no later 3 than forty-seven days before the election, and must be signed 4 by eligible electors equal in number to at least two percent 5 of those who voted to fill the same office at the last regular 6 city election, but not less than ten persons. However, for 7 those cities which may be required to hold a primary election, 8 the petition must be filed not more than eighty-five days and 9 not less than sixty-eight fifty-four days before the date of 10 the regular city election , except that incumbent candidates 11 shall file no later than sixty-eight days before the date of 12 the regular city election . Nomination petitions shall be filed 13 not later than 5:00 p.m. on the last day for filing. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill extends the filing deadline for nonincumbent 18 candidates by two weeks for all city, county, state, and 19 federal elections except special elections called with at least 20 18 days’ but less than 40 days’ notice, including elections 21 to fill vacancies that occur during the term of an elected 22 official. 23 -4- LSB 2526YH (3) 88 ss/jh 4/ 4
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