Bill Text: IA HF56 | 2019-2020 | 88th General Assembly | Introduced


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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-02-12 - Subcommittee recommends amendment and passage. [HF56 Detail]

Download: Iowa-2019-HF56-Introduced.html
House File 56 - Introduced HOUSE FILE 56 BY McKEAN A BILL FOR An Act providing for the nonpartisan election and nomination by 1 county primary election of county officers. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1499HH (4) 88 ss/jh
H.F. 56 Section 1. Section 39.21, Code 2019, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5. The county officers described in 3 sections 39.17 and 39.18. 4 Sec. 2. Section 43.6, Code 2019, is amended to read as 5 follows: 6 43.6 Nomination of U. S. senators , and state and county 7 officers. 8 1. Candidates for the office of senator in the Congress 9 of the United States , and the offices listed in section 39.9 , 10 county supervisor, and the offices listed in section 39.17 11 shall be nominated in the year preceding the expiration of the 12 term of office of the incumbent. 13 1. 2. When a vacancy occurs in the office of senator in 14 the Congress of the United States, secretary of state, auditor 15 of state, treasurer of state, secretary of agriculture, or 16 attorney general and section 69.13 requires that the vacancy 17 be filled for the balance of the unexpired term at a general 18 election, candidates for the office shall be nominated in the 19 preceding primary election if the vacancy occurs eighty-nine 20 or more days before the date of that primary election. If the 21 vacancy occurs less than one hundred four days before the date 22 of that primary election, the state commissioner shall accept 23 nomination papers for that office only until 5:00 p.m. on the 24 seventy-fourth day before the primary election, the provisions 25 of section 43.11 notwithstanding. If the vacancy occurs later 26 than eighty-nine days before the date of that primary election, 27 but not less than eighty-one days before the date of the 28 general election, the nominations shall be made in the manner 29 prescribed by this chapter for filling vacancies in nominations 30 for offices to be voted for at the general election. 31 2. When a vacancy occurs in the office of county supervisor 32 or any of the offices listed in section 39.17 and more than 33 seventy days remain in the term of office following the next 34 general election, the office shall be filled for the balance 35 -1- LSB 1499HH (4) 88 ss/jh 1/ 11
H.F. 56 of the unexpired term at that general election unless the 1 vacancy has been filled by a special election called more 2 than seventy-three days before the primary election. If 3 the vacancy occurs more than seventy-three days before the 4 primary election, political party candidates for that office 5 at the next general election shall be nominated at the primary 6 election. If an appointment to fill the vacancy in office is 7 made eighty-eight or more days before the primary election and 8 a petition requesting a special election has not been received 9 within fourteen days after the appointment is made, candidates 10 for the office shall be nominated at the primary election. 11 Sec. 3. Section 43.11, Code 2019, is amended to read as 12 follows: 13 43.11 Filing of nomination papers. 14 Nomination papers in behalf of a candidate shall be filed: 15 1. For an elective county office, in the office of the 16 county commissioner not earlier than ninety-two days nor later 17 than 5:00 p.m. on the sixty-ninth day before the day fixed for 18 holding the primary election. 19 2. For Nomination papers in behalf of a candidate 20 for United States senator, for an elective state office, 21 for representative in Congress, and for member of the 22 general assembly, shall be filed in the office of the state 23 commissioner not earlier than ninety-nine days nor later than 24 5:00 p.m. on the eighty-first day before the day fixed for 25 holding the primary election. 26 Sec. 4. Section 43.15, subsection 3, Code 2019, is amended 27 to read as follows: 28 3. All signers, for all nominations, of each separate 29 part of a nomination paper, shall reside in the same county, 30 representative or senatorial district for members of the 31 general assembly. In counties where the supervisors are 32 elected from districts, signers of nomination petitions for 33 supervisor candidates shall reside in the supervisor district 34 the candidate seeks to represent. 35 -2- LSB 1499HH (4) 88 ss/jh 2/ 11
H.F. 56 Sec. 5. Section 43.20, subsection 1, paragraph d, Code 2019, 1 is amended by striking the paragraph. 2 Sec. 6. Section 43.24, subsection 1, paragraph b, 3 subparagraph (2), Code 2019, is amended by striking the 4 subparagraph. 5 Sec. 7. Section 43.24, subsection 3, paragraph b, Code 2019, 6 is amended by striking the paragraph. 7 Sec. 8. Section 43.51, Code 2019, is amended to read as 8 follows: 9 43.51 Finality of canvass. 10 Such canvass and certificate shall be final as to all 11 candidates for nomination to any elective county office or 12 office of a subdivision of a county special charter city . 13 Sec. 9. Section 43.53, Code 2019, is amended to read as 14 follows: 15 43.53 Nominees for subdivision special charter city office 16 —— write-in candidates. 17 The nominee of each political party for any office to be 18 filled by the voters of any political subdivision special 19 charter city within the county shall be the person receiving 20 the highest number of votes cast in the primary election by 21 the voters of that party for the office. That person shall 22 appear as the party’s candidate for the office on the general 23 election ballot. A person whose name is not printed on the 24 official primary ballot shall not be declared nominated as a 25 candidate for such office in the general regular city election 26 unless that person receives at least five votes. Nomination of 27 a candidate for the office of county supervisor elected from a 28 district within the county shall be governed by section 43.52 29 and not by this section . 30 Sec. 10. Section 43.66, Code 2019, is amended to read as 31 follows: 32 43.66 Write-in candidates. 33 The fact that the candidate who receives the highest number 34 of votes cast for any party’s nomination for an office to 35 -3- LSB 1499HH (4) 88 ss/jh 3/ 11
H.F. 56 which section 43.52 or 43.65 is applicable is a person whose 1 name was not printed on the official primary election ballot 2 shall not affect the validity of the person’s nomination as a 3 candidate for that office in the general election. However, 4 if there is no candidate on the official primary ballot of 5 a political party for nomination to a particular office, a 6 write-in candidate may obtain the party’s nomination to that 7 office in the primary if the candidate receives a number of 8 votes equal to at least thirty-five percent of the total vote 9 cast for all of that party’s candidates for that office in 10 the last preceding primary election for which the party had 11 candidates on the ballot for that office. If there have been 12 no candidates from a political party for a seat in the general 13 assembly since the most recent redistricting of the general 14 assembly, a write-in candidate shall be considered nominated 15 who receives a number of votes equal to at least thirty-five 16 percent of the total votes cast, at the last preceding primary 17 election in the precincts which currently constitute the 18 general assembly district, for all of that party’s candidates 19 for representative in the Congress of the United States or 20 who receives at least one hundred votes, whichever number is 21 greater. When two or more nominees are required, the division 22 procedure prescribed in section 43.52 shall be applied to 23 establish the minimum number of write-in votes necessary for 24 nomination. If the primary is inconclusive, the necessary 25 nominations shall be made in accordance with section 43.78, 26 subsection 1 . 27 Sec. 11. Section 43.67, subsection 1, Code 2019, is amended 28 to read as follows: 29 1. Each candidate nominated pursuant to section 43.52 30 or 43.65 or 43A.3 is entitled to have the candidate’s name 31 printed on the official ballot to be voted at the general 32 election without other certificate unless the candidate was 33 nominated by write-in votes. Immediately after the completion 34 of the canvass held under section 43.49 , the county auditor 35 -4- LSB 1499HH (4) 88 ss/jh 4/ 11
H.F. 56 shall notify each person who was nominated by write-in votes 1 for a county office that the person is required to file an 2 affidavit of candidacy if the person wishes to be a candidate 3 for that office at the general election. Immediately after 4 the completion of the canvass held under section 43.63 , the 5 secretary of state shall notify each person who was nominated 6 by write-in votes for a state or federal office that the 7 person is required to file an affidavit of candidacy if the 8 person wishes to be a candidate for that office at the general 9 election. If the affidavit is not filed by 5:00 p.m. on the 10 seventh day after the completion of the canvass, that person’s 11 name shall not be placed upon the official general election 12 ballot. The affidavit shall be signed by the candidate, 13 notarized, and filed with the county auditor or the secretary 14 of state , whichever is applicable . 15 Sec. 12. Section 43.77, subsection 2, Code 2019, is amended 16 to read as follows: 17 2. The primary election was inconclusive as to that office 18 because no candidate for the party’s nomination for that office 19 received the number of votes required by section 43.52, 43.53 , 20 or 43.65 , whichever is applicable. 21 Sec. 13. Section 43.77, subsection 5, Code 2019, is amended 22 by striking the subsection. 23 Sec. 14. Section 43.78, subsection 1, paragraphs d, e, and 24 f, Code 2019, are amended by striking the paragraphs. 25 Sec. 15. Section 43.78, subsection 3, Code 2019, is amended 26 by striking the subsection. 27 Sec. 16. Section 43.78, subsection 4, Code 2019, is amended 28 to read as follows: 29 4. Political party candidates for a vacant seat in 30 the United States house of representatives , the board of 31 supervisors, the elected county offices, or the general 32 assembly which is to be filled at a special election called 33 pursuant to section 69.14 or 69.14A shall be nominated in the 34 manner provided by subsection 1 of this section for filling a 35 -5- LSB 1499HH (4) 88 ss/jh 5/ 11
H.F. 56 vacancy on the general election ballot for the same office. 1 The name of a candidate so nominated shall be submitted in 2 writing to the appropriate commissioner, as required by section 3 43.88 , at the earliest practicable time. 4 Sec. 17. Section 43.79, Code 2019, is amended to read as 5 follows: 6 43.79 Death of candidate after time for withdrawal. 7 The death of a candidate nominated as provided by law for any 8 office to be filled at a general election, during the period 9 beginning on the eighty-first day before the general election , 10 in the case of any candidate whose nomination papers were filed 11 with the state commissioner, or beginning on the seventy-third 12 day before the general election, in the case of any candidate 13 whose nomination papers were filed with the commissioner, 14 and ending on the last day before the general election shall 15 not operate to remove the deceased candidate’s name from the 16 general election ballot. If the deceased candidate was seeking 17 the office of senator or representative in the Congress of 18 the United States, governor, attorney general, or senator or 19 representative in the general assembly or county supervisor , 20 section 49.58 shall control. If the deceased candidate was 21 seeking any other office, and as a result of the candidate’s 22 death a vacancy is subsequently found to exist, the vacancy 23 shall be filled as provided by chapter 69 . 24 Sec. 18. NEW SECTION . 43A.1 County primary election. 25 At the same time and on the same ballot as the primary 26 election, and in all respects governed and conducted as 27 prescribed by law for the primary election, except as otherwise 28 provided in this chapter, there shall be conducted a county 29 primary election for the nonpartisan county offices described 30 in sections 39.17 and 39.18. 31 Sec. 19. NEW SECTION . 43A.2 Nominations —— objections. 32 1. Nomination papers in behalf of a candidate for an 33 elective county office, required pursuant to chapter 44 or 45, 34 shall be filed in the office of the county commissioner not 35 -6- LSB 1499HH (4) 88 ss/jh 6/ 11
H.F. 56 earlier than ninety-two days nor later than 5:00 p.m. on the 1 sixty-ninth day before the day fixed for holding the county 2 primary election. 3 2. In counties where the supervisors are elected from 4 districts, signers of nomination petitions for supervisor 5 candidates shall reside in the supervisor district the 6 candidate seeks to represent and be signed by eligible electors 7 who are residents of the district equal in number to at least 8 one percent of the number of registered voters in the district 9 on July 1 in the year preceding the year in which the office 10 will appear on the ballot, or by at least two hundred fifty 11 eligible electors who are residents of the county, whichever 12 is less. 13 3. Objections shall be filed with the commissioner not less 14 than sixty-four days before the date of the election. 15 Sec. 20. NEW SECTION . 43A.3 Finality of canvass. 16 The canvass by the board of supervisors conducted pursuant 17 to section 43.49 and certification under section 43.50 shall 18 be final as to all candidates for nomination to any elective 19 county office. 20 Sec. 21. NEW SECTION . 43A.4 Nominees for county office. 21 1. The nominees for any office to be filled by the voters 22 of the entire county, except for the nominees for county 23 supervisor when multiple county supervisors will be elected 24 at the same general election, or for the office of county 25 supervisor elected from a district within the county, shall be 26 the two persons receiving the greatest number of votes cast in 27 the county primary election by the voters, and those persons 28 shall appear on the general election ballot. 29 2. For the nominees for county supervisor to be filled 30 by the voters of the entire county when multiple county 31 supervisors will be elected at the same general election, the 32 number of nominees to appear on the election ballot shall 33 be twice the number of seats to be elected at the general 34 election. The required number of persons who receive the 35 -7- LSB 1499HH (4) 88 ss/jh 7/ 11
H.F. 56 greatest number of votes cast in the county primary election by 1 the voters of the county shall be the nominees for the general 2 election, but no candidate is nominated who fails to receive 3 thirty-five percent of the number of votes found by dividing 4 the number of votes cast by voters for the office in question 5 by the number of persons to be elected to that office. If the 6 county primary election is inconclusive under this paragraph, 7 the names of all candidates that appeared on the county primary 8 election ballot shall appear on the general election ballot. 9 3. Immediately after the completion of the canvass, the 10 county auditor shall notify each person who was nominated by 11 write-in votes for a county office that the person is required 12 to file an affidavit of candidacy if the person wishes to be 13 a candidate for that office at the general election. The 14 affidavit shall be signed by the candidate, notarized, and 15 filed with the county auditor. 16 Sec. 22. NEW SECTION . 43A.5 Withdrawal of nominated 17 candidate. 18 A candidate nominated for a county office in a county primary 19 election may withdraw as a nominee for that office on or 20 before, but not later than, the seventy-fourth day before the 21 date of the general election by so notifying the commissioner 22 in writing. 23 Sec. 23. NEW SECTION . 43A.6 Right to place on ballot. 24 Each candidate nominated pursuant to section 43A.3 is 25 entitled to have the candidate’s name printed on the official 26 ballot to be voted for at the general election if the candidate 27 files an affidavit in the form required by section 43.67 28 not later than 5:00 p.m. on the seventh day following the 29 completion of the canvass. 30 Sec. 24. Section 49.37, subsection 4, Code 2019, is amended 31 to read as follows: 32 4. The commissioner shall arrange the partisan county 33 offices on the ballot with the board of supervisors first, 34 followed by the other county offices in the same sequence in 35 -8- LSB 1499HH (4) 88 ss/jh 8/ 11
H.F. 56 which they appear in section 39.17 . Nonpartisan , followed by 1 the offices shall be listed after partisan offices in section 2 39.21, in the same sequence in which they appear in that 3 section . 4 Sec. 25. Section 49.104, subsection 5, Code 2019, is amended 5 to read as follows: 6 5. One observer at a time representing any nonparty 7 political organization, any candidate nominated by petition 8 pursuant to chapter 45 , or any other nonpartisan candidate 9 in a city or school election, appearing on the ballot of the 10 election in progress. Candidates who send observers to the 11 polls shall provide each observer with a letter of appointment 12 in the form prescribed by the state commissioner. 13 Sec. 26. Section 53.23, subsection 4, Code 2019, is amended 14 to read as follows: 15 4. The room where members of the special precinct election 16 board are engaged in counting absentee ballots on the day 17 before the election pursuant to subsection 3 , paragraph “c” , 18 or during the hours the polls are open shall be policed so 19 as to prevent any person other than those whose presence is 20 authorized by this subsection from obtaining information 21 about the progress of the count. The only persons who may 22 be admitted to that room are the members of the board, five 23 challengers representing each political party, one observer 24 representing any nonparty political organization or any 25 candidate nominated by petition pursuant to chapter 45 or 26 any other nonpartisan candidate in a city or school election 27 appearing on the ballot of the election in progress, one 28 observer representing persons supporting a public measure 29 appearing on the ballot and one observer representing 30 persons opposed to such measure, and the commissioner or the 31 commissioner’s designee. It shall be unlawful for any of these 32 persons to communicate or attempt to communicate, directly or 33 indirectly, information regarding the progress of the count at 34 any time while the board is convened pursuant to subsection 3 , 35 -9- LSB 1499HH (4) 88 ss/jh 9/ 11
H.F. 56 paragraph “c” , or at any time before the polls are closed. 1 Sec. 27. Section 69.12, unnumbered paragraph 1, Code 2019, 2 is amended to read as follows: 3 When Except as otherwise provided in section 69.14A, when 4 a vacancy occurs in any nonpartisan elective office of a 5 political subdivision of this state, and the statutes governing 6 the office in which the vacancy occurs require that it be 7 filled by election or are silent as to the method of filling 8 the vacancy, it shall be filled pursuant to this section . As 9 used in this section , “pending election” means any election 10 at which there will be on the ballot either the office in 11 which the vacancy exists, or any other office to be filled or 12 any public question to be decided by the voters of the same 13 political subdivision in which the vacancy exists. 14 Sec. 28. Section 69.14A, subsection 4, Code 2019, is amended 15 by striking the subsection. 16 Sec. 29. Section 331.238, subsection 3, Code 2019, is 17 amended to read as follows: 18 3. An alternative form of county government shall provide 19 for the partisan nonpartisan election of its officers. 20 Sec. 30. Section 331.261, subsection 1, paragraph k, Code 21 2019, is amended to read as follows: 22 k. The partisan nonpartisan election of community 23 commonwealth government officials. 24 Sec. 31. Section 331.383, Code 2019, is amended to read as 25 follows: 26 331.383 Duties and powers relating to elections. 27 The board shall ensure that the county commissioner of 28 elections conducts primary, county primary, general, city, 29 school, and special elections in accordance with applicable 30 state law. The board shall canvass elections in accordance 31 with sections 43.49 to 43.51 , 43.60 to 43.62 , 46.24 , 50.13 , 32 50.24 to 50.29 , 50.44 to 50.47 , 260C.39 , 275.25 , 277.20 , 376.1 , 33 376.7 , and 376.9 . The board shall prepare and deliver a list 34 of persons nominated in accordance with section 43.55 , provide 35 -10- LSB 1499HH (4) 88 ss/jh 10/ 11
H.F. 56 for a recount in accordance with section 50.48 , provide for 1 election precincts in accordance with sections 49.3 , 49.4 , 49.6 2 to 49.8 , and 49.11 , pay election costs as provided in section 3 47.3 , participate in election contests as provided in sections 4 62.1A and 62.9 , and perform other election duties required by 5 state law. The board may provide for the use of an optical scan 6 voting system as provided in sections 52.2 , 52.3 , and 52.8 , and 7 exercise other election powers as provided by state law. 8 Sec. 32. REPEAL. Sections 43.52 and 43.54, Code 2019, are 9 repealed. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill requires that county supervisors, auditors, 14 sheriffs, treasurers, recorders, and attorneys be nominated and 15 elected on a nonpartisan basis. The bill establishes a county 16 primary election for the nomination of nonpartisan county 17 officers to the general election ballot. The county primary 18 election is required to be administered concurrently with the 19 primary election, as provided for in the bill. Under the bill, 20 the number of candidates to be nominated at the county primary 21 election is required to be twice the number of officers to 22 be elected to a particular office at the general election. 23 The candidates receiving the greatest number of votes in the 24 county primary election are nominated and entitled to have the 25 candidate’s name printed on the official ballot to be voted for 26 at the general election, as provided for under the bill. 27 Under the bill, nonpartisan candidates for county office 28 and other nonpartisan candidates are extended the same rights 29 to observe elections conduct that are provided to nonpartisan 30 candidates for city and school district office under current 31 law. The bill also makes corresponding changes, and maintains 32 current law related to the conduct of partisan elections for 33 special charter cities. 34 -11- LSB 1499HH (4) 88 ss/jh 11/ 11
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