Bill Text: IA HF55 | 2019-2020 | 88th General Assembly | Introduced

Iowa House Bill 55 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-02-07 - Subcommittee Meeting: 02/11/2019 2:30PM House Lounge. [HF55 Detail]

Download: Iowa-2019-HF55-Introduced.html

House File 55 - Introduced HOUSE FILE 55 BY McKEAN A BILL FOR An Act changing the date of the primary election. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1506HH (4) 88 ss/jh

H.F. 55 Section 1. Section 43.7, Code 2019, is amended to read as 1 follows: 2 43.7 Time of holding. 3 The primary election by all political parties shall be held 4 at the usual voting places of the several precincts on the 5 first Tuesday after the first Monday in June September in each 6 even-numbered year. 7 Sec. 2. Section 43.73, subsection 1, Code 2019, is amended 8 to read as follows: 9 1. Not less than sixty-four forty-six days before the 10 general election the state commissioner shall certify to each 11 commissioner, under separate party headings, the name of each 12 person nominated as shown by the official canvass made by the 13 executive council, or as certified to the state commissioner 14 by the proper persons when any person has been nominated by 15 a convention or by a party committee, or by petition, the 16 office to which the person is nominated, and the order in which 17 federal and state offices, judges, constitutional amendments, 18 and state public measures shall appear on the official ballot. 19 Sec. 3. Section 43.76, Code 2019, is amended to read as 20 follows: 21 43.76 Withdrawal of nominated candidates. 22 1. A candidate nominated in a primary election for any 23 office for which nomination papers are required to be filed 24 with the state commissioner may withdraw as a nominee for that 25 office on or before, but not later than, the eighty-first 26 fiftieth day before the date of the general election by so 27 notifying the state commissioner in writing. 28 2. A candidate nominated in a primary election for any 29 office for which nomination papers are required to be filed 30 with the commissioner may withdraw as a nominee for that 31 office on or before, but not later than, the seventy-fourth 32 fifty-fifth day before the date of the general election by so 33 notifying the commissioner in writing. 34 Sec. 4. Section 43.77, subsection 3, Code 2019, is amended 35 -1- LSB 1506HH (4) 88 ss/jh 1/ 3

H.F. 55 to read as follows: 1 3. The person nominated in the primary election as the 2 party’s candidate for that office subsequently withdrew as 3 permitted by section 43.76 , was found to lack the requisite 4 qualifications for the office, or died, at a time not later 5 than the eighty-first fiftieth day before the date of the 6 general election in the case of an office for which nomination 7 papers must be filed with the state commissioner and not later 8 than the seventy-fourth fifty-fifth day before the date of the 9 general election in the case of an office for which nomination 10 papers must be filed with the county commissioner. 11 Sec. 5. Section 43.78, subsections 2 and 3, Code 2019, are 12 amended to read as follows: 13 2. The name of any candidate designated to fill a vacancy 14 on the general election ballot in accordance with subsection 15 1 , paragraph “a” , “b” , or “c” shall be submitted in writing 16 to the state commissioner not later than 5:00 p.m. on the 17 seventy-third forty-sixth day before the date of the general 18 election. 19 3. The name of any candidate designated to fill a vacancy 20 on the general election ballot in accordance with subsection 21 1 , paragraph “d” , “e” , or “f” shall be submitted in writing to 22 the commissioner not later than 5:00 p.m. on the sixty-ninth 23 fifty-fifth day before the date of the general election. 24 Sec. 6. Section 43.79, Code 2019, is amended to read as 25 follows: 26 43.79 Death of candidate after time for withdrawal. 27 The death of a candidate nominated as provided by law for 28 any office to be filled at a general election, during the 29 period beginning on the eighty-first fiftieth day before the 30 general election, in the case of any candidate whose nomination 31 papers were filed with the state commissioner, or beginning 32 on the seventy-third fifty-fifth day before the general 33 election, in the case of any candidate whose nomination papers 34 were filed with the commissioner, and ending on the last day 35 -2- LSB 1506HH (4) 88 ss/jh 2/ 3

H.F. 55 before the general election shall not operate to remove the 1 deceased candidate’s name from the general election ballot. If 2 the deceased candidate was seeking the office of senator or 3 representative in the Congress of the United States, governor, 4 attorney general, senator or representative in the general 5 assembly or county supervisor, section 49.58 shall control. If 6 the deceased candidate was seeking any other office, and as a 7 result of the candidate’s death a vacancy is subsequently found 8 to exist, the vacancy shall be filled as provided by chapter 9 69 . 10 Sec. 7. Section 53.2, subsection 1, paragraph a, Code 2019, 11 is amended to read as follows: 12 a. Any registered voter, under the circumstances specified 13 in section 53.1 , may on any day, except election day, and not 14 more than one hundred twenty forty-five days prior to before 15 the date of the general election and not more than seventy days 16 before the date of any other election , apply in person for an 17 absentee ballot at the commissioner’s office or at any location 18 designated by the commissioner. However, for those elections 19 in which the commissioner directs the polls be opened at noon 20 pursuant to section 49.73 , a voter may apply in person for an 21 absentee ballot at the commissioner’s office from 8:00 a.m. 22 until 11:00 a.m. on election day. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill changes the date of holding the primary election 27 from the first Tuesday after the first Monday in June in each 28 even-numbered year to the first Tuesday after the first Monday 29 in September in each even-numbered year. The dates for other 30 deadlines related to the primary and general election are 31 changed accordingly. Additional corresponding changes may be 32 required. 33 -3- LSB 1506HH (4) 88 ss/jh 3/ 3