Bill Text: IA HF430 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act providing for the nonpartisan election and nomination by county primary election of county officers.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2017-02-23 - Introduced, referred to State Government. H.J. 459. [HF430 Detail]

Download: Iowa-2017-HF430-Introduced.html

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House File 430 - Introduced




                                 HOUSE FILE       
                                 BY  McKEAN, LUNDGREN,
                                     McCONKEY, and NUNN

                                      A BILL FOR

  1 An Act providing for the nonpartisan election and nomination by
  2    county primary election of county officers.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2039HH (5) 87
    aw/jh/sc

PAG LIN



  1  1    Section 1.  Section 39.21, Code 2017, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  5.  The county officers described in
  1  4 sections 39.17 and 39.18.
  1  5    Sec. 2.  Section 43.6, Code 2017, is amended to read as
  1  6 follows:
  1  7    43.6  Nomination of U. S. senators, and state and county
  1  8  officers.
  1  9    1.  Candidates for the office of senator in the Congress
  1 10 of the United States, and the offices listed in section 39.9,
  1 11 county supervisor, and the offices listed in section 39.17
  1 12  shall be nominated in the year preceding the expiration of the
  1 13 term of office of the incumbent.
  1 14    1.  2.  When a vacancy occurs in the office of senator in
  1 15 the Congress of the United States, secretary of state, auditor
  1 16 of state, treasurer of state, secretary of agriculture, or
  1 17 attorney general and section 69.13 requires that the vacancy
  1 18 be filled for the balance of the unexpired term at a general
  1 19 election, candidates for the office shall be nominated in the
  1 20 preceding primary election if the vacancy occurs eighty=nine
  1 21 or more days before the date of that primary election. If the
  1 22 vacancy occurs less than one hundred four days before the date
  1 23 of that primary election, the state commissioner shall accept
  1 24 nomination papers for that office only until 5:00 p.m. on the
  1 25 seventy=fourth day before the primary election, the provisions
  1 26 of section 43.11 notwithstanding. If the vacancy occurs later
  1 27 than eighty=nine days before the date of that primary election,
  1 28 but not less than eighty=nine days before the date of the
  1 29 general election, the nominations shall be made in the manner
  1 30 prescribed by this chapter for filling vacancies in nominations
  1 31 for offices to be voted for at the general election.
  1 32    2.  When a vacancy occurs in the office of county supervisor
  1 33 or any of the offices listed in section 39.17 and more than
  1 34 seventy days remain in the term of office following the next
  1 35 general election, the office shall be filled for the balance
  2  1 of the unexpired term at that general election unless the
  2  2 vacancy has been filled by a special election called more
  2  3 than seventy=three days before the primary election. If
  2  4 the vacancy occurs more than seventy=three days before the
  2  5 primary election, political party candidates for that office
  2  6 at the next general election shall be nominated at the primary
  2  7 election. If an appointment to fill the vacancy in office is
  2  8 made eighty=eight or more days before the primary election and
  2  9 a petition requesting a special election has not been received
  2 10 within fourteen days after the appointment is made, candidates
  2 11 for the office shall be nominated at the primary election.
  2 12    Sec. 3.  Section 43.11, Code 2017, is amended to read as
  2 13 follows:
  2 14    43.11  Filing of nomination papers.
  2 15    Nomination papers in behalf of a candidate shall be filed:
  2 16    1.  For an elective county office, in the office of the
  2 17 county commissioner not earlier than ninety=two days nor later
  2 18 than 5:00 p.m. on the sixty=ninth day before the day fixed for
  2 19 holding the primary election.
  2 20    2.  For Nomination papers in behalf of a candidate
  2 21 for United States senator, for an elective state office,
  2 22 for representative in Congress, and for member of the
  2 23 general assembly, shall be filed in the office of the state
  2 24 commissioner not earlier than ninety=nine days nor later than
  2 25 5:00 p.m. on the eighty=first day before the day fixed for
  2 26 holding the primary election.
  2 27    Sec. 4.  Section 43.15, subsection 3, Code 2017, is amended
  2 28 to read as follows:
  2 29    3.  All signers, for all nominations, of each separate
  2 30 part of a nomination paper, shall reside in the same county,
  2 31  representative or senatorial district for members of the
  2 32 general assembly. In counties where the supervisors are
  2 33 elected from districts, signers of nomination petitions for
  2 34 supervisor candidates shall reside in the supervisor district
  2 35 the candidate seeks to represent.
  3  1    Sec. 5.  Section 43.20, subsection 1, paragraph d, Code 2017,
  3  2 is amended by striking the paragraph.
  3  3    Sec. 6.  Section 43.24, subsection 1, paragraph b,
  3  4 subparagraph (2), Code 2017, is amended by striking the
  3  5 subparagraph.
  3  6    Sec. 7.  Section 43.24, subsection 3, paragraph b, Code 2017,
  3  7 is amended by striking the paragraph.
  3  8    Sec. 8.  Section 43.51, Code 2017, is amended to read as
  3  9 follows:
  3 10    43.51  Finality of canvass.
  3 11    Such canvass and certificate shall be final as to all
  3 12 candidates for nomination to any elective county office or
  3 13  office of a subdivision of a county special charter city.
  3 14    Sec. 9.  Section 43.53, Code 2017, is amended to read as
  3 15 follows:
  3 16    43.53  Nominees for subdivision special charter city office
  3 17 ==== write=in candidates.
  3 18    The nominee of each political party for any office to be
  3 19 filled by the voters of any political subdivision special
  3 20 charter city within the county shall be the person receiving
  3 21 the highest number of votes cast in the primary election by
  3 22 the voters of that party for the office. That person shall
  3 23 appear as the party's candidate for the office on the general
  3 24 election ballot. A person whose name is not printed on the
  3 25 official primary ballot shall not be declared nominated as a
  3 26 candidate for such office in the general regular city election
  3 27 unless that person receives at least five votes. Nomination of
  3 28 a candidate for the office of county supervisor elected from a
  3 29 district within the county shall be governed by section 43.52
  3 30  and not by this section.
  3 31    Sec. 10.  Section 43.66, Code 2017, is amended to read as
  3 32 follows:
  3 33    43.66  Write=in candidates.
  3 34    The fact that the candidate who receives the highest number
  3 35 of votes cast for any party's nomination for an office to
  4  1 which section 43.52 or 43.65 is applicable is a person whose
  4  2 name was not printed on the official primary election ballot
  4  3 shall not affect the validity of the person's nomination as a
  4  4 candidate for that office in the general election. However,
  4  5 if there is no candidate on the official primary ballot of
  4  6 a political party for nomination to a particular office, a
  4  7 write=in candidate may obtain the party's nomination to that
  4  8 office in the primary if the candidate receives a number of
  4  9 votes equal to at least thirty=five percent of the total vote
  4 10 cast for all of that party's candidates for that office in
  4 11 the last preceding primary election for which the party had
  4 12 candidates on the ballot for that office. If there have been
  4 13 no candidates from a political party for a seat in the general
  4 14 assembly since the most recent redistricting of the general
  4 15 assembly, a write=in candidate shall be considered nominated
  4 16 who receives a number of votes equal to at least thirty=five
  4 17 percent of the total votes cast, at the last preceding primary
  4 18 election in the precincts which currently constitute the
  4 19 general assembly district, for all of that party's candidates
  4 20 for representative in the Congress of the United States or
  4 21 who receives at least one hundred votes, whichever number is
  4 22 greater. When two or more nominees are required, the division
  4 23 procedure prescribed in section 43.52 shall be applied to
  4 24 establish the minimum number of write=in votes necessary for
  4 25 nomination. If the primary is inconclusive, the necessary
  4 26 nominations shall be made in accordance with section 43.78,
  4 27 subsection 1.
  4 28    Sec. 11.  Section 43.67, subsection 1, Code 2017, is amended
  4 29 to read as follows:
  4 30    1.  Each candidate nominated pursuant to section 43.52
  4 31 or 43.65 or 43A.3 is entitled to have the candidate's name
  4 32 printed on the official ballot to be voted at the general
  4 33 election without other certificate unless the candidate was
  4 34 nominated by write=in votes. Immediately after the completion
  4 35 of the canvass held under section 43.49, the county auditor
  5  1 shall notify each person who was nominated by write=in votes
  5  2 for a county office that the person is required to file an
  5  3 affidavit of candidacy if the person wishes to be a candidate
  5  4 for that office at the general election. Immediately after
  5  5 the completion of the canvass held under section 43.63, the
  5  6 secretary of state shall notify each person who was nominated
  5  7 by write=in votes for a state or federal office that the
  5  8 person is required to file an affidavit of candidacy if the
  5  9 person wishes to be a candidate for that office at the general
  5 10 election. If the affidavit is not filed by 5:00 p.m. on the
  5 11 seventh day after the completion of the canvass, that person's
  5 12 name shall not be placed upon the official general election
  5 13 ballot. The affidavit shall be signed by the candidate,
  5 14 notarized, and filed with the county auditor or the secretary
  5 15 of state, whichever is applicable.
  5 16    Sec. 12.  Section 43.77, subsection 2, Code 2017, is amended
  5 17 to read as follows:
  5 18    2.  The primary election was inconclusive as to that office
  5 19 because no candidate for the party's nomination for that office
  5 20 received the number of votes required by section 43.52, 43.53,
  5 21  or 43.65, whichever is applicable.
  5 22    Sec. 13.  Section 43.77, subsection 5, Code 2017, is amended
  5 23 by striking the subsection.
  5 24    Sec. 14.  Section 43.78, subsection 1, paragraphs d, e, and
  5 25 f, Code 2017, are amended by striking the paragraphs.
  5 26    Sec. 15.  Section 43.78, subsection 3, Code 2017, is amended
  5 27 by striking the subsection.
  5 28    Sec. 16.  Section 43.78, subsection 4, Code 2017, is amended
  5 29 to read as follows:
  5 30    4.  Political party candidates for a vacant seat in
  5 31 the United States house of representatives, the board of
  5 32 supervisors, the elected county offices, or the general
  5 33 assembly which is to be filled at a special election called
  5 34 pursuant to section 69.14 or 69.14A shall be nominated in the
  5 35 manner provided by subsection 1 of this section for filling a
  6  1 vacancy on the general election ballot for the same office.
  6  2 The name of a candidate so nominated shall be submitted in
  6  3 writing to the appropriate commissioner, as required by section
  6  4 43.88, at the earliest practicable time.
  6  5    Sec. 17.  Section 43.79, Code 2017, is amended to read as
  6  6 follows:
  6  7    43.79  Death of candidate after time for withdrawal.
  6  8    The death of a candidate nominated as provided by law for any
  6  9 office to be filled at a general election, during the period
  6 10 beginning on the eighty=eighth day before the general election,
  6 11 in the case of any candidate whose nomination papers were filed
  6 12 with the state commissioner, or beginning on the seventy=third
  6 13 day before the general election, in the case of any candidate
  6 14 whose nomination papers were filed with the commissioner,
  6 15  and ending on the last day before the general election shall
  6 16 not operate to remove the deceased candidate's name from the
  6 17 general election ballot. If the deceased candidate was seeking
  6 18 the office of senator or representative in the Congress of
  6 19 the United States, governor, attorney general, or senator or
  6 20 representative in the general assembly or county supervisor,
  6 21 section 49.58 shall control. If the deceased candidate was
  6 22 seeking any other office, and as a result of the candidate's
  6 23 death a vacancy is subsequently found to exist, the vacancy
  6 24 shall be filled as provided by chapter 69.
  6 25    Sec. 18.  NEW SECTION.  43A.1  County primary election.
  6 26    At the same time and on the same ballot as the primary
  6 27 election, and in all respects governed and conducted as
  6 28 prescribed by law for the primary election, except as otherwise
  6 29 provided in this chapter, there shall be conducted a county
  6 30 primary election for the nonpartisan county offices described
  6 31 in sections 39.17 and 39.18.
  6 32    Sec. 19.  NEW SECTION.  43A.2  Nominations == objections.
  6 33    1.  Nomination papers in behalf of a candidate for an
  6 34 elective county office, required pursuant to chapter 44 or 45,
  6 35 shall be filed in the office of the county commissioner not
  7  1 earlier than ninety=two days nor later than 5:00 p.m. on the
  7  2 sixty=ninth day before the day fixed for holding the county
  7  3 primary election.
  7  4    2.  In counties where the supervisors are elected from
  7  5 districts, signers of nomination petitions for supervisor
  7  6 candidates shall reside in the supervisor district the
  7  7 candidate seeks to represent and be signed by eligible electors
  7  8 who are residents of the district equal in number to at least
  7  9 one percent of the number of registered voters in the district
  7 10 on July 1 in the year preceding the year in which the office
  7 11 will appear on the ballot, or by at least two hundred fifty
  7 12 eligible electors who are residents of the county, whichever
  7 13 is less.
  7 14    3.  Objections shall be filed with the commissioner not less
  7 15 than sixty=four days before the date of the election.
  7 16    Sec. 20.  NEW SECTION.  43A.3  Finality of canvass.
  7 17    The canvass by the board of supervisors conducted pursuant
  7 18 to section 43.49 and certification under section 43.50 shall
  7 19 be final as to all candidates for nomination to any elective
  7 20 county office.
  7 21    Sec. 21.  NEW SECTION.  43A.4  Nominees for county office.
  7 22    1.  The nominees for any office to be filled by the voters
  7 23 of the entire county, except for the nominees for county
  7 24 supervisor when multiple county supervisors will be elected
  7 25 at the same general election, or for the office of county
  7 26 supervisor elected from a district within the county, shall be
  7 27 the two persons receiving the greatest number of votes cast in
  7 28 the county primary election by the voters, and those persons
  7 29 shall appear on the general election ballot.
  7 30    2.  For the nominees for county supervisor to be filled
  7 31 by the voters of the entire county when multiple county
  7 32 supervisors will be elected at the same general election, the
  7 33 number of nominees to appear on the election ballot shall
  7 34 be twice the number of seats to be elected at the general
  7 35 election. The required number of persons who receive the
  8  1 greatest number of votes cast in the county primary election by
  8  2 the voters of the county shall be the nominees for the general
  8  3 election, but no candidate is nominated who fails to receive
  8  4 thirty=five percent of the number of votes found by dividing
  8  5 the number of votes cast by voters for the office in question
  8  6 by the number of persons to be elected to that office. If the
  8  7 county primary election is inconclusive under this paragraph,
  8  8 the names of all candidates that appeared on the county primary
  8  9 election ballot shall appear on the general election ballot.
  8 10    3.  Immediately after the completion of the canvass, the
  8 11 county auditor shall notify each person who was nominated by
  8 12 write=in votes for a county office that the person is required
  8 13 to file an affidavit of candidacy if the person wishes to be
  8 14 a candidate for that office at the general election. The
  8 15 affidavit shall be signed by the candidate, notarized, and
  8 16 filed with the county auditor.
  8 17    Sec. 22.  NEW SECTION.  43A.5  Withdrawal of nominated
  8 18 candidate.
  8 19    A candidate nominated for a county office in a county primary
  8 20 election may withdraw as a nominee for that office on or
  8 21 before, but not later than, the seventy=fourth day before the
  8 22 date of the general election by so notifying the commissioner
  8 23 in writing.
  8 24    Sec. 23.  NEW SECTION.  43A.6  Right to place on ballot.
  8 25    Each candidate nominated pursuant to section 43A.3 is
  8 26 entitled to have the candidate's name printed on the official
  8 27 ballot to be voted for at the general election if the candidate
  8 28 files an affidavit in the form required by section 43.67
  8 29 not later than 5:00 p.m. on the seventh day following the
  8 30 completion of the canvass.
  8 31    Sec. 24.  Section 49.37, subsection 3, Code 2017, is amended
  8 32 to read as follows:
  8 33    3.  The commissioner shall arrange the partisan county
  8 34 offices on the ballot with the board of supervisors first,
  8 35 followed by the other county offices in the same sequence in
  9  1 which they appear in section 39.17. Nonpartisan, followed by
  9  2 the offices shall be listed after partisan offices in section
  9  3 39.21, in the same sequence in which they appear in that
  9  4 section.
  9  5    Sec. 25.  Section 49.104, subsection 5, Code 2017, is amended
  9  6 to read as follows:
  9  7    5.  One observer at a time representing any nonparty
  9  8 political organization, any candidate nominated by petition
  9  9 pursuant to chapter 45, or any other nonpartisan candidate
  9 10 in a city or school election, appearing on the ballot of the
  9 11 election in progress. Candidates who send observers to the
  9 12 polls shall provide each observer with a letter of appointment
  9 13 in the form prescribed by the state commissioner.
  9 14    Sec. 26.  Section 53.23, subsection 4, Code 2017, is amended
  9 15 to read as follows:
  9 16    4.  The room where members of the special precinct election
  9 17 board are engaged in counting absentee ballots on the day
  9 18 before the election pursuant to subsection 3, paragraph "c",
  9 19 or during the hours the polls are open shall be policed so
  9 20 as to prevent any person other than those whose presence is
  9 21 authorized by this subsection from obtaining information
  9 22 about the progress of the count. The only persons who may
  9 23 be admitted to that room are the members of the board, one
  9 24 challenger representing each political party, one observer
  9 25 representing any nonparty political organization or any
  9 26 candidate nominated by petition pursuant to chapter 45 or
  9 27 any other nonpartisan candidate in a city or school election
  9 28  appearing on the ballot of the election in progress, one
  9 29 observer representing persons supporting a public measure
  9 30 appearing on the ballot and one observer representing
  9 31 persons opposed to such measure, and the commissioner or the
  9 32 commissioner's designee. It shall be unlawful for any of these
  9 33 persons to communicate or attempt to communicate, directly or
  9 34 indirectly, information regarding the progress of the count at
  9 35 any time while the board is convened pursuant to subsection 3,
 10  1 paragraph "c", or at any time before the polls are closed.
 10  2    Sec. 27.  Section 69.12, unnumbered paragraph 1, Code 2017,
 10  3 is amended to read as follows:
 10  4    When Except as otherwise provided in section 69.14A, when
 10  5  a vacancy occurs in any nonpartisan elective office of a
 10  6 political subdivision of this state, and the statutes governing
 10  7 the office in which the vacancy occurs require that it be
 10  8 filled by election or are silent as to the method of filling
 10  9 the vacancy, it shall be filled pursuant to this section. As
 10 10 used in this section, "pending election" means any election
 10 11 at which there will be on the ballot either the office in
 10 12 which the vacancy exists, or any other office to be filled or
 10 13 any public question to be decided by the voters of the same
 10 14 political subdivision in which the vacancy exists.
 10 15    Sec. 28.  Section 69.14A, subsection 4, Code 2017, is amended
 10 16 by striking the subsection.
 10 17    Sec. 29.  Section 331.238, subsection 3, Code 2017, is
 10 18 amended to read as follows:
 10 19    3.  An alternative form of county government shall provide
 10 20 for the partisan nonpartisan election of its officers.
 10 21    Sec. 30.  Section 331.261, subsection 1, paragraph k, Code
 10 22 2017, is amended to read as follows:
 10 23    k.  The partisan nonpartisan election of community
 10 24 commonwealth government officials.
 10 25    Sec. 31.  Section 331.383, Code 2017, is amended to read as
 10 26 follows:
 10 27    331.383  Duties and powers relating to elections.
 10 28    The board shall ensure that the county commissioner of
 10 29 elections conducts primary, county primary, general, city,
 10 30 school, and special elections in accordance with applicable
 10 31 state law. The board shall canvass elections in accordance
 10 32 with sections 43.49 to 43.51, 43.60 to 43.62, 46.24, 50.13,
 10 33 50.24 to 50.29, 50.44 to 50.47, 260C.39, 275.25, 277.20, 376.1,
 10 34 376.7, and 376.9. The board shall prepare and deliver a list
 10 35 of persons nominated in accordance with section 43.55, provide
 11  1 for a recount in accordance with section 50.48, provide for
 11  2 election precincts in accordance with sections 49.3, 49.4, 49.6
 11  3 to 49.8, and 49.11, pay election costs as provided in section
 11  4 47.3, participate in election contests as provided in sections
 11  5 62.1A and 62.9, and perform other election duties required by
 11  6 state law. The board may provide for the use of an optical scan
 11  7 voting system as provided in sections 52.2, 52.3, and 52.8, and
 11  8 exercise other election powers as provided by state law.
 11  9    Sec. 32.  REPEAL.  Sections 43.52 and 43.54, Code 2017, are
 11 10 repealed.
 11 11                           EXPLANATION
 11 12 The inclusion of this explanation does not constitute agreement with
 11 13 the explanation's substance by the members of the general assembly.
 11 14    This bill requires that county supervisors, auditors,
 11 15 sheriffs, treasurers, recorders, and attorneys be nominated and
 11 16 elected on a nonpartisan basis. The bill establishes a county
 11 17 primary election for the nomination of nonpartisan county
 11 18 officers to the general election ballot. The county primary
 11 19 election is required to be administered concurrently with the
 11 20 primary election, as provided for in the bill. Under the bill,
 11 21 the number of candidates to be nominated at the county primary
 11 22 election is required to be twice the number of officers to
 11 23 be elected to a particular office at the general election.
 11 24 The candidates receiving the greatest number of votes in the
 11 25 county primary election are nominated and entitled to have the
 11 26 candidate's name printed on the official ballot to be voted for
 11 27 at the general election, as provided for under the bill.
 11 28    Under the bill, nonpartisan candidates for county office
 11 29 and other nonpartisan candidates are extended the same rights
 11 30 to observe elections conduct that are provided to nonpartisan
 11 31 candidates for city and school district office under current
 11 32 law. The bill also makes corresponding changes, and maintains
 11 33 current law related to the conduct of partisan elections for
 11 34 special charter cities.
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