Bill Text: IA HSB633 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act requiring primary elections for the nomination of candidates for city, school district, and merged area elections, and including applicability provisions.
Spectrum: Committee Bill
Status: (Introduced) 2024-02-07 - Subcommittee recommends passage. Vote Total: 2-0. [HSB633 Detail]
Download: Iowa-2023-HSB633-Introduced.html
House
Study
Bill
633
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
EDUCATION
BILL
BY
CHAIRPERSON
WHEELER)
A
BILL
FOR
An
Act
requiring
primary
elections
for
the
nomination
of
1
candidates
for
city,
school
district,
and
merged
area
2
elections,
and
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5261YC
(5)
90
ss/ns
H.F.
_____
Section
1.
Section
43.24,
subsection
1,
paragraph
b,
1
subparagraph
(4),
Code
2024,
is
amended
to
read
as
follows:
2
(4)
Those
filed
with
the
city
clerk
or
the
secretary
of
3
the
school
board
under
this
chapter
,
at
least
thirty-six
days
4
before
the
city
or
school
primary
election.
5
Sec.
2.
Section
43.24,
subsection
3,
Code
2024,
is
amended
6
by
adding
the
following
new
paragraph:
7
NEW
PARAGRAPH
.
d.
Objections
filed
with
the
secretary
of
8
the
school
board
shall
be
considered
by
three
members
of
the
9
school
board
against
whom
no
objection
exists
chosen
by
the
10
school
board
by
ballot,
and
a
majority
decision
shall
be
final.
11
Sec.
3.
Section
43.78,
subsection
1,
paragraph
f,
Code
2024,
12
is
amended
to
read
as
follows:
13
f.
For
any
other
partisan
office
filled
by
the
voters
of
a
14
subdivision
of
a
county,
by
those
members
of
the
party’s
county
15
central
committee
who
represent
the
precincts
lying
within
that
16
district,
who
shall
be
convened
or
reconvened
as
appropriate
by
17
the
county
party
chairperson.
However,
this
paragraph
shall
18
not
apply
to
partisan
city
offices
in
special
charter
cities
19
for
which
candidates
are
nominated
under
this
chapter
,
but
such
20
ballot
vacancies
shall
be
filled
as
provided
by
section
43.116
.
21
Sec.
4.
Section
43.112,
Code
2024,
is
amended
to
read
as
22
follows:
23
43.112
Nominations
in
certain
cities
and
school
districts
.
24
1.
This
chapter
shall,
so
far
as
applicable,
govern
the
25
nominations
of
candidates
by
political
parties
for
all
offices
26
to
be
filled
by
a
direct
vote
of
the
people
in
cities
acting
27
under
a
special
charter
in
1973
and
having
a
population
of
28
over
fifty
thousand,
except
all
such
cities
as
choose
by
29
special
election
to
conduct
nonpartisan
city
elections
under
30
the
provisions
of
chapter
44
,
45
,
or
376
.
An
election
on
the
31
question
of
conducting
city
elections
in
such
a
special
charter
32
city
on
a
nonpartisan
basis
may
be
called
by
the
city
council
33
on
its
own
initiative,
and
shall
be
called
by
the
council
upon
34
receipt
of
a
petition
of
the
voters
which
so
requests
and
35
-1-
LSB
5261YC
(5)
90
ss/ns
1/
16
H.F.
_____
is
presented
in
conformity
with
section
362.4
,
but
a
special
1
election
on
that
question
shall
be
held
concurrently
with
any
2
election
being
held
on
the
first
Tuesday
after
the
first
Monday
3
in
November
of
any
odd-numbered
year
and
school
districts
.
4
2.
Sections
43.114
through
43.118
shall
apply
only
to
all
5
cities
to
which
this
chapter
is
made
applicable
by
this
section
6
and
school
districts
.
7
Sec.
5.
Section
43.114,
Code
2024,
is
amended
to
read
as
8
follows:
9
43.114
Time
of
holding
special
charter
city
or
school
10
district
primary.
11
In
special
charter
cities
and
school
districts
holding
a
12
city
or
school
district
primary
election
under
the
provisions
13
of
section
43.112
,
the
primary
shall
be
held
on
the
first
14
Tuesday
in
October
of
the
year
in
which
regular
city
or
school
15
district
elections
are
held.
16
Sec.
6.
Section
43.115,
subsection
1,
Code
2024,
is
amended
17
to
read
as
follows:
18
1.
All
candidates
for
nominations
to
be
made
in
city
primary
19
elections
held
pursuant
to
section
43.112
shall
file
nomination
20
papers
with
the
city
clerk
no
later
than
5:00
p.m.
forty
days
21
before
the
date
of
the
election
as
established
by
section
22
43.114
,
except
that
candidates
for
precinct
committee
member
23
shall
file
affidavits
of
candidacy
as
required
by
section
24
420.130
376.16
.
The
number
of
eligible
electors
signing
25
petitions
required
for
printing
the
name
of
a
candidate
upon
26
the
official
primary
ballot
shall
be
one
hundred
for
an
office
27
to
be
filled
by
the
voters
of
the
entire
city
and
twenty-five
28
for
an
office
to
be
filled
by
the
voters
of
a
subdivision
of
the
29
city.
30
Sec.
7.
Section
43.115,
Code
2024,
is
amended
by
adding
the
31
following
new
subsection:
32
NEW
SUBSECTION
.
1A.
All
candidates
for
nominations
to
be
33
made
in
school
district
primary
elections
held
pursuant
to
34
section
43.112
shall
file
nomination
papers
with
the
secretary
35
-2-
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5261YC
(5)
90
ss/ns
2/
16
H.F.
_____
of
the
school
board
no
later
than
5:00
p.m.
forty
days
before
1
the
date
of
the
election
as
established
by
section
43.114.
The
2
number
of
eligible
electors
signing
petitions
required
for
3
printing
the
name
of
a
candidate
upon
the
official
primary
4
ballot
shall
be
twenty-five
for
a
seat
to
be
filled
by
the
5
voters
of
the
entire
school
district
and
ten
for
a
seat
to
be
6
filled
by
the
voters
of
a
director
district.
7
Sec.
8.
Section
43.116,
Code
2024,
is
amended
to
read
as
8
follows:
9
43.116
Ballot
vacancies
in
special
charter
city
and
school
10
district
elections.
11
1.
A
vacancy
on
the
ballot
for
an
election
at
which
city
12
officers
or
school
board
members
are
to
be
chosen,
and
for
13
which
candidates
have
been
nominated
under
this
chapter
,
exists
14
when
any
political
party
lacks
a
candidate
for
an
office
to
be
15
filled
at
that
election
because:
16
a.
Either
no
person
filed
at
the
time
required
by
section
17
43.115
as
a
candidate
for
the
party’s
nomination
for
that
18
office
in
the
city
or
school
primary
election
held
under
19
section
43.112
,
or
all
persons
who
did
so
subsequently
withdrew
20
as
candidates,
were
found
to
lack
the
requisite
requirements
21
for
the
office,
or
died
before
the
date
of
the
city
or
school
22
primary
election,
and
no
candidate
received
a
number
of
23
write-in
votes
sufficient
for
nomination
under
section
43.53
;
24
or
25
b.
The
person
nominated
in
the
city
or
school
primary
26
election
as
the
party’s
candidate
for
that
office
withdrew
27
by
giving
written
notice
to
that
effect
to
the
city
clerk
or
28
secretary
of
the
school
board
not
later
than
5:00
p.m.
on
the
29
day
of
the
canvass
of
that
city
or
school
primary
election.
30
2.
A
ballot
vacancy
as
defined
by
this
section
may
be
31
filled
by
the
city
or
school
district
central
committee
of
32
the
party
on
whose
ticket
the
vacancy
exists
or,
in
the
case
33
of
an
officer
elected
by
the
voters
of
a
district
within
the
34
city
or
school
district
,
by
those
members
of
the
committee
who
35
-3-
LSB
5261YC
(5)
90
ss/ns
3/
16
H.F.
_____
represent
the
precincts
lying
within
that
district.
The
name
1
of
a
candidate
so
designated
to
fill
such
a
ballot
vacancy
2
shall
be
submitted
in
writing
to
the
city
clerk
or
school
3
district
not
later
than
5:00
p.m.
on
the
seventh
day
following
4
the
city
or
school
primary
election.
5
3.
If
a
special
election
is
held
to
fill
a
vacancy
in
an
6
elective
city
office
or
school
board
seat
,
nominations
by
7
political
parties
shall
be
made
following
the
provisions
of
8
subsection
2
.
9
Sec.
9.
Section
43.118,
Code
2024,
is
amended
to
read
as
10
follows:
11
43.118
Expense.
12
1.
The
entire
expense
of
conducting
the
city
primary
13
election
and
preparation
of
election
registers
shall
be
audited
14
by
the
city
council
and
paid
by
the
city.
15
2.
The
entire
expense
of
conducting
the
school
primary
16
election
and
preparation
of
election
registers
shall
be
audited
17
by
the
school
board
and
paid
by
the
school
district.
18
Sec.
10.
Section
45.1,
subsection
9,
paragraph
a,
Code
2024,
19
is
amended
to
read
as
follows:
20
a.
Except
as
otherwise
provided
in
subsection
10
,
in
21
In
cities
having
a
population
of
twenty-five
thousand
or
22
greater
according
to
the
most
recent
federal
decennial
census,
23
nominations
may
be
made
by
nomination
papers
signed
by
not
less
24
than
seventy-five
eligible
electors
who
are
residents
of
the
25
city
or
ward.
26
Sec.
11.
Section
45.1,
subsection
10,
Code
2024,
is
amended
27
by
striking
the
subsection.
28
Sec.
12.
Section
49.31,
subsection
2,
paragraph
d,
Code
29
2024,
is
amended
to
read
as
follows:
30
d.
On
the
regular
and
special
city
election
and
school
31
election
ballots
the
names
of
candidates
for
city,
school
32
district,
and
merged
area
offices
shall
be
arranged
by
drawing
33
lots
for
position.
The
commissioner
shall
hold
the
drawing
on
34
the
second
business
day
following
the
deadline
for
filing
of
35
-4-
LSB
5261YC
(5)
90
ss/ns
4/
16
H.F.
_____
nomination
papers
or
petitions
under
sections
260C.15
,
277.4
,
1
and
376.4
.
If
a
candidate
withdraws,
dies,
or
is
removed
2
from
the
ballot
after
the
ballot
position
of
names
has
been
3
determined,
such
candidate’s
name
shall
be
removed
from
the
4
ballot,
and
the
order
of
the
remaining
names
shall
not
be
5
changed.
6
Sec.
13.
Section
50.48,
subsection
1,
paragraph
a,
7
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
8
follows:
9
The
county
board
of
canvassers
shall
order
a
recount
of
the
10
votes
cast
for
a
particular
office
or
nomination
in
one
or
11
more
specified
election
precincts
in
that
county
if
a
written
12
request
for
a
recount
is
made
not
later
than
5:00
p.m.
on
the
13
third
day
following
the
county
board’s
canvass
of
the
election
14
in
question.
For
a
city
runoff
election
held
pursuant
to
15
section
376.9
,
the
written
request
must
be
made
not
later
than
16
5:00
p.m.
on
the
day
following
the
county
board’s
canvass
of
17
the
city
runoff
election.
The
request
shall
be
filed
with
the
18
commissioner
of
that
county
and
shall
be
signed
by
either
of
19
the
following:
20
Sec.
14.
Section
50.48,
subsection
8,
Code
2024,
is
amended
21
by
striking
the
subsection.
22
Sec.
15.
Section
69.12,
subsection
1,
paragraph
b,
23
subparagraph
(2),
Code
2024,
is
amended
to
read
as
follows:
24
(2)
The
candidate
filing
deadline
specified
in
section
25
376.4
for
the
regular
city
election
or
the
filing
deadline
26
specified
in
section
372.13,
subsection
2
,
for
a
special
city
27
election.
28
Sec.
16.
Section
260C.15,
subsections
2
and
3,
Code
2024,
29
are
amended
to
read
as
follows:
30
2.
A
candidate
for
member
of
the
board
of
directors
of
a
31
merged
area
shall
be
nominated
by
a
petition
signed
by
not
32
less
than
fifty
eligible
electors
of
the
director
district
33
from
which
the
member
is
to
be
elected.
The
petition
shall
34
state
the
number
of
the
director
district
from
which
the
35
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H.F.
_____
candidate
seeks
election,
and
the
candidate’s
name
and
status
1
as
an
eligible
elector
of
the
director
district.
Signers
of
2
the
petition,
in
addition
to
signing
their
names,
shall
show
3
their
residence,
including
street
and
number
if
any,
the
school
4
district
in
which
they
reside,
and
the
date
they
signed
the
5
petition.
A
person
may
sign
nomination
petitions
for
more
6
than
one
candidate
for
the
same
office,
and
the
signature
7
is
not
invalid
solely
because
the
person
signed
nomination
8
petitions
for
one
or
more
other
candidates
for
the
office.
The
9
petition
shall
include
the
affidavit
of
the
candidate
being
10
nominated,
stating
the
candidate’s
name
and
residence,
and
11
that
the
individual
is
a
candidate,
is
eligible
for
the
office
12
sought,
and
if
elected
will
qualify
for
the
office
as
provided
13
in
section
277.4
.
14
3.
Nomination
papers
on
behalf
of
candidates
for
member
of
15
the
board
of
directors
of
a
merged
area
shall
be
filed
with
16
the
secretary
of
the
board
not
earlier
than
seventy-one
days
17
nor
later
than
5:00
p.m.
on
the
forty-seventh
day
prior
to
18
the
election
at
which
members
of
the
board
are
to
be
elected.
19
On
the
day
following
the
last
day
on
which
certificates
of
20
nomination
petitions
can
be
filed,
and
no
later
than
5:00
p.m.
21
on
that
day,
the
secretary
shall
deliver
all
certificates
22
of
nomination
petitions
so
filed,
together
with
the
text
of
23
any
public
measure
being
submitted
by
the
board
of
directors
24
to
the
electorate,
to
the
merged
area’s
controlling
county
25
commissioner
of
elections
under
section
47.2
.
That
controlling
26
commissioner
shall
certify
the
names
of
candidates,
and
the
27
text
and
summary
of
any
public
measure
being
submitted
to
the
28
electorate,
to
all
county
commissioners
of
elections
in
the
29
merged
area
by
the
forty-second
day
prior
to
the
election.
30
Sec.
17.
Section
260C.15,
subsection
4,
paragraphs
a
and
b,
31
Code
2024,
are
amended
to
read
as
follows:
32
a.
Objections
to
the
legal
sufficiency
of
a
nomination
33
petition
or
to
the
eligibility
of
a
candidate
may
be
filed
by
34
any
person
who
would
have
the
right
to
vote
for
a
candidate
for
35
-6-
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6/
16
H.F.
_____
the
office
in
question.
1
b.
The
objection
must
be
filed
with
the
secretary
of
the
2
board
at
least
forty-two
days
before
the
day
of
the
election
3
at
which
members
of
the
board
are
elected.
When
objections
4
are
filed,
notice
shall
immediately
be
given
to
the
candidate
5
affected,
addressed
to
the
candidate’s
place
of
residence
as
6
given
on
the
candidate’s
affidavit,
stating
that
objections
7
have
been
made
to
the
legal
sufficiency
of
the
petition
or
to
8
the
eligibility
of
the
candidate,
and
also
stating
the
time
and
9
place
the
objections
will
be
considered.
The
board
secretary
10
shall
also
attempt
to
notify
the
candidate
by
telephone
if
11
the
candidate
provided
a
telephone
number
on
the
candidate’s
12
affidavit.
13
Sec.
18.
Section
275.25,
subsection
1,
paragraph
b,
Code
14
2024,
is
amended
to
read
as
follows:
15
b.
The
election
shall
be
conducted
as
provided
in
section
16
sections
277.3
,
and
nomination
petitions
shall
be
filed
17
pursuant
to
section
277.4
,
except
as
otherwise
provided
in
18
this
subsection
.
Nomination
petitions
shall
be
filed
with
the
19
secretary
of
the
board
of
the
existing
school
district
in
which
20
the
candidate
resides
not
less
than
twenty-eight
days
before
21
the
date
set
for
the
special
school
election.
The
secretary
22
of
the
board,
or
the
secretary’s
designee,
shall
be
present
in
23
the
secretary’s
office
until
5:00
p.m.
on
the
final
day
to
24
file
the
nomination
papers.
The
nomination
papers
shall
be
25
delivered
to
the
commissioner
no
later
than
5:00
p.m.
on
the
26
twenty-seventh
day
before
the
election.
27
Sec.
19.
Section
277.4,
Code
2024,
is
amended
by
striking
28
the
section
and
inserting
in
lieu
thereof
the
following:
29
277.4
Nominations
——
primary
elections.
30
Nominations
shall
be
made
by
primary
elections
held
pursuant
31
to
sections
43.112
through
43.118
and
277.8
through
277.19.
32
Sec.
20.
Section
277.5,
subsection
1,
Code
2024,
is
amended
33
to
read
as
follows:
34
1.
Objections
to
the
legal
sufficiency
of
a
nomination
35
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5261YC
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7/
16
H.F.
_____
petition
or
to
the
eligibility
of
a
candidate
may
be
filed
by
1
any
person
who
would
have
the
right
to
vote
for
a
candidate
for
2
the
office
in
question.
The
objection
must
be
filed
with
the
3
secretary
of
the
school
board
at
least
forty-two
days
before
4
the
day
of
the
school
election.
When
objections
are
filed
5
notice
shall
forthwith
be
given
to
the
candidate
affected,
6
addressed
to
the
candidate’s
place
of
residence
as
given
on
the
7
candidate’s
affidavit,
stating
that
objections
have
been
made
8
to
the
legal
sufficiency
of
the
petition
or
to
the
eligibility
9
of
the
candidate,
and
also
stating
the
time
and
place
the
10
objections
will
be
considered.
11
Sec.
21.
NEW
SECTION
.
277.8
School
district
convention.
12
Political
parties
in
school
districts
shall
hold
a
school
13
district
convention
within
the
school
district
on
the
second
14
Friday
following
the
primary
election.
The
school
district
15
central
committee
shall
set
the
time
and
place
of
the
16
convention
and
shall
file
the
same
in
the
office
of
the
school
17
board
at
least
ten
days
prior
to
the
convention.
18
Sec.
22.
NEW
SECTION
.
277.9
School
district
convention
——
19
delegates
elected.
20
Delegates
to
school
district
conventions
of
their
respective
21
political
parties
shall
be
elected
at
precinct
caucuses
held
22
at
8:00
p.m.
on
the
third
Monday
in
August
of
the
same
year
in
23
which
the
school
election
is
conducted.
The
precinct
caucuses
24
shall
be
convened
within
the
boundaries
of
each
precinct
at
25
places
designated
by
the
school
district
central
committee.
26
The
chairperson
of
the
school
district
central
committee
shall
27
file
with
the
school
board
a
certified
list
of
places
where
the
28
precinct
caucuses
will
be
held
not
later
than
ten
days
prior
29
to
the
date
of
the
caucus
and
shall
cause
the
time
and
place
of
30
said
caucus
to
be
published
in
two
newspapers
within
the
school
31
district
not
later
than
ten
days
prior
to
the
convening
of
the
32
precinct
caucus.
33
Sec.
23.
NEW
SECTION
.
277.10
School
district
convention
34
——
chairperson
and
secretary.
35
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5261YC
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90
ss/ns
8/
16
H.F.
_____
The
school
district
precinct
caucus
shall
elect,
by
a
1
majority
vote
of
those
present,
a
chairperson
and
secretary
2
who
shall
certify
to
the
school
district
central
committee
3
and
school
board
the
names
and
addresses
of
those
elected
as
4
delegates
to
the
school
district
convention.
The
number
of
5
delegates
from
each
voting
precinct
shall
be
determined
by
6
a
ratio
adopted
by
the
respective
political
party’s
school
7
district
central
committee,
and
the
chairperson
of
the
school
8
district
central
committee
shall
file
with
the
school
board
a
9
statement
designating
the
number
of
delegates
for
each
voting
10
precinct
in
the
school
district
not
less
than
twenty-five
days
11
before
the
date
of
the
precinct
caucuses.
If
the
chairperson
12
of
the
school
district
central
committee
fails
to
so
act,
the
13
county
chairperson
shall
designate
the
number
of
delegates
14
to
be
elected
from
each
voting
precinct
and
shall
cause
such
15
information
to
be
published
in
two
newspapers
within
the
school
16
district
at
least
ten
days
prior
to
holding
the
precinct
17
caucuses.
18
Sec.
24.
NEW
SECTION
.
277.11
School
district
convention
19
delegates
——
term.
20
The
delegates
shall
hold
office
from
the
day
following
the
21
election
for
a
period
of
two
years.
22
Sec.
25.
NEW
SECTION
.
277.12
School
district
precinct
23
candidates
——
affidavit
of
candidacy.
24
Candidates
for
school
district
precinct
committee
member
25
shall
cause
their
names
to
be
printed
on
the
primary
ballot
by
26
filing
an
affidavit
as
provided
for
in
section
43.18
with
the
27
county
commissioner
of
elections
at
least
forty
days
prior
to
28
the
day
fixed
for
conducting
the
primary
election.
29
Sec.
26.
NEW
SECTION
.
277.13
Members
from
each
school
30
district
precinct.
31
Two
persons
for
each
political
party
shall
be
elected
from
32
each
precinct
to
the
school
district
central
committee
at
33
the
primary
election.
They
shall
hold
office
for
a
period
34
of
two
years
immediately
following
the
adjournment
of
the
35
-9-
LSB
5261YC
(5)
90
ss/ns
9/
16
H.F.
_____
school
district
convention,
or
until
their
successors
are
duly
1
elected
and
qualified,
unless
sooner
removed
by
the
school
2
district
central
committee
for
failing
to
perform
the
duties
3
of
committee
members,
incompetency,
or
failing
to
support
the
4
ticket
nominated
by
their
respective
party.
5
Sec.
27.
NEW
SECTION
.
277.14
School
district
committee
6
meetings
——
vacancies.
7
The
school
district
central
committee
shall
commence
8
performing
their
duties
on
the
day
of
the
school
district
9
convention
and
vacancies
occurring
therein
may
be
filled
by
10
the
school
district
chairperson
subject
to
confirmation
of
the
11
central
committee.
12
Sec.
28.
NEW
SECTION
.
277.15
School
district
central
13
committee
——
returns
of
election.
14
Election
judges
shall
make
returns
of
the
election
of
15
members
of
the
school
district
central
committee
in
the
same
16
manner
as
returns
are
conducted
for
other
officers
except
that
17
the
election
judges
shall
canvass
the
returns
as
to
members
18
of
the
school
district
central
committee,
and
certify
the
19
results
thereof
to
the
county
commissioner
of
elections
with
20
the
returns.
21
Sec.
29.
NEW
SECTION
.
277.16
School
district
central
22
committee
——
certified
list
of
those
elected.
23
After
the
canvass
of
votes
by
the
county
board
of
24
supervisors,
the
county
commissioner
of
elections
shall
notify
25
the
members
of
the
school
district
central
committee
who
have
26
been
elected
of
the
time
and
place
of
holding
the
school
27
district
convention,
and
shall
deliver
a
certified
list
of
28
those
elected
to
the
chairperson
of
their
respective
political
29
party’s
central
committee
in
the
school
district
on
or
before
30
the
second
Thursday
following
the
primary
election.
31
Sec.
30.
NEW
SECTION
.
277.17
School
district
convention
——
32
elected
delegates.
33
The
school
district
convention
shall
be
composed
of
the
34
delegates
elected
at
the
last
preceding
school
district
35
-10-
LSB
5261YC
(5)
90
ss/ns
10/
16
H.F.
_____
precinct
caucus,
and
the
secretary
of
the
school
board
shall
1
forward
a
certified
list
of
said
elected
delegates
at
least
ten
2
days
prior
to
the
school
district
convention
to
the
chairperson
3
of
the
school
district
central
committee.
4
Sec.
31.
NEW
SECTION
.
277.18
Duties
of
school
board
5
secretary.
6
The
secretary
of
the
school
board
shall
keep
a
certified
7
list
of
delegates
to
the
school
district
convention
elected
at
8
the
precinct
caucuses
and
a
record
of
the
precinct
committee
9
members
elected
at
the
primary
election.
The
secretary
of
the
10
school
board
shall
maintain
a
current
list
of
all
members
of
11
the
school
district
central
committee.
The
certified
list
and
12
records
shall
be
maintained
by
the
secretary
of
the
school
13
district
for
at
least
two
years
subsequent
to
the
election
14
of
the
delegates
and
precinct
committee
members
and
shall
be
15
available
for
public
inspection.
16
Sec.
32.
NEW
SECTION
.
277.19
Applicable
laws.
17
All
laws
governing
political
parties
and
the
nomination
of
18
candidates
in
elections
shall,
as
far
as
applicable,
govern
the
19
political
parties
and
nomination
and
election
of
candidates
in
20
school
districts.
21
Sec.
33.
Section
279.6,
subsection
1,
paragraph
b,
22
subparagraph
(1),
Code
2024,
is
amended
to
read
as
follows:
23
(1)
If
within
fourteen
days
after
publication
of
a
notice
24
required
pursuant
to
paragraph
“a”
for
a
vacancy
that
occurs
25
more
than
one
hundred
eighty
days
before
the
next
regular
26
school
election,
or
after
the
filing
period
closes
pursuant
27
to
section
277.4
,
subsection
1,
for
the
next
regular
school
28
election,
there
is
filed
with
the
secretary
of
the
school
board
29
a
petition
requesting
a
special
election
to
fill
the
vacancy,
30
an
appointment
to
fill
the
vacancy
is
temporary
until
a
31
successor
is
elected
and
qualified,
and
the
board
shall
call
a
32
special
election
pursuant
to
section
279.7
,
to
fill
the
vacancy
33
for
the
remaining
balance
of
the
unexpired
term.
34
Sec.
34.
Section
279.7,
subsection
4,
Code
2024,
is
amended
35
-11-
LSB
5261YC
(5)
90
ss/ns
11/
16
H.F.
_____
to
read
as
follows:
1
4.
Nomination
petitions
Nominations
shall
be
filed
made
in
2
the
manner
provided
in
section
277.4
,
except
that
the
petitions
3
shall
be
filed
not
less
than
twenty-five
days
before
the
date
4
set
for
the
election
.
5
Sec.
35.
Section
331.383,
Code
2024,
is
amended
to
read
as
6
follows:
7
331.383
Duties
and
powers
relating
to
elections.
8
The
board
shall
ensure
that
the
county
commissioner
of
9
elections
conducts
primary,
general,
city,
school,
and
special
10
elections
in
accordance
with
applicable
state
law.
The
board
11
shall
canvass
elections
in
accordance
with
sections
43.49
12
through
43.51
,
43.60
through
43.62
,
46.24
,
50.13
,
50.24
through
13
50.29
,
50.44
through
50.47
,
260C.39
,
275.25
,
277.20
,
376.1
,
14
and
376.7
,
and
376.9
.
The
board
shall
prepare
and
deliver
a
15
list
of
persons
nominated
in
accordance
with
section
43.55
,
16
provide
for
a
recount
in
accordance
with
section
50.48
,
provide
17
for
election
precincts
in
accordance
with
sections
49.3
,
49.4
,
18
49.6
through
49.8
,
and
49.11
,
pay
election
costs
as
provided
19
in
section
47.3
,
participate
in
election
contests
as
provided
20
in
sections
62.1A
and
62.9
,
and
perform
other
election
duties
21
required
by
state
law.
The
board
shall
provide
for
the
use
of
22
an
optical
scan
voting
system
as
provided
in
sections
52.2
and
23
52.3
,
and
exercise
other
election
powers
as
provided
by
state
24
law.
25
Sec.
36.
Section
376.3,
Code
2024,
is
amended
to
read
as
26
follows:
27
376.3
Nominations.
28
Candidates
for
elective
city
offices
must
be
nominated
as
29
provided
in
sections
376.4
through
376.9
,
unless
by
ordinance
30
a
city
chooses
the
provisions
of
chapter
44
or
45
.
However,
31
a
city
acting
under
a
special
charter
in
1973
and
having
a
32
population
of
over
fifty
thousand
shall
continue
to
hold
33
partisan
elections
as
provided
in
sections
43.112
through
34
43.118
and
sections
420.126
376.12
through
420.137,
unless
35
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LSB
5261YC
(5)
90
ss/ns
12/
16
H.F.
_____
the
city
by
election
as
provided
in
section
43.112
chooses
to
1
conduct
city
elections
under
this
chapter
or
chapter
44
or
45
2
376.23
.
The
choice
of
one
of
these
options
by
such
a
special
3
charter
city
does
not
otherwise
affect
the
validity
of
the
4
city’s
charter.
However,
special
charter
cities
which
choose
5
to
exercise
the
option
to
conduct
nonpartisan
city
elections
6
may
choose,
in
the
same
manner
the
original
decision
was
made,
7
to
resume
holding
city
elections
on
a
partisan
basis.
8
Sec.
37.
Section
376.4,
subsections
1,
2,
3,
4,
5,
and
7,
9
Code
2024,
are
amended
by
striking
the
subsections.
10
Sec.
38.
Section
376.4,
subsection
6,
Code
2024,
is
amended
11
to
read
as
follows:
12
6.
The
city
clerk
shall
deliver
the
text
of
any
public
13
measure
being
submitted
by
the
city
council
to
the
electorate
14
to
the
county
commissioner
of
elections.
If
the
county
15
commissioner
has
designated
the
city
clerk
to
receive
16
nomination
papers
for
elective
city
offices
pursuant
to
17
subsection
1
,
the
city
clerk
shall
deliver
the
nomination
18
papers
accepted
for
filing
to
the
county
commissioner.
The
19
text
of
any
public
measure
and
nomination
papers
required
to
20
be
delivered
under
this
subsection
shall
be
delivered
no
later
21
than
the
day
after
the
last
day
on
which
nomination
petitions
22
can
be
filed,
and
not
later
than
12:00
noon
on
that
day.
23
Sec.
39.
Section
376.5,
Code
2024,
is
amended
to
read
as
24
follows:
25
376.5
Publication
of
ballot.
26
Notice
for
each
regular,
special,
primary,
or
runoff
city
27
election
shall
be
published
by
the
county
commissioner
of
28
elections
as
provided
in
section
362.3
,
except
that
notice
of
a
29
regular,
primary,
or
runoff
election
may
be
published
not
less
30
than
four
days
before
the
date
of
the
election.
The
published
31
notice
must
list
the
names
of
all
candidates
,
and
must
not
32
contain
any
party
designations
.
The
published
notice
must
33
include
any
question
to
be
submitted
to
the
voters.
The
notice
34
may
contain
one
or
more
facsimiles
of
the
portion
of
the
ballot
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containing
the
first
arrangement
of
candidates
as
prescribed
1
by
section
49.31,
subsection
2
.
2
Sec.
40.
Section
376.7,
subsection
1,
Code
2024,
is
amended
3
to
read
as
follows:
4
1.
If
a
primary
election
is
necessary,
it
The
primary
5
election
shall
be
held
on
the
Tuesday
four
weeks
before
the
6
date
of
the
regular
city
election.
For
each
office
on
the
7
ballot,
a
voter
shall
only
vote
for
the
number
of
persons
to
8
be
elected
to
that
office
at
the
regular
city
election.
The
9
county
board
of
supervisors
shall
publicly
canvass
the
tally
10
lists
of
the
vote
cast
in
the
primary
election,
following
the
11
procedures
prescribed
in
section
50.24
,
at
a
meeting
to
be
held
12
on
the
second
day
following
the
primary
election,
and
beginning
13
no
earlier
than
1:00
p.m.
on
that
day.
14
Sec.
41.
Section
376.8,
subsections
2
and
3,
Code
2024,
are
15
amended
by
striking
the
subsections.
16
Sec.
42.
Section
376.11,
subsection
2,
Code
2024,
is
amended
17
to
read
as
follows:
18
2.
Except
in
cities
where
the
council
has
chosen
a
runoff
19
election
in
lieu
of
a
primary,
following
Following
the
20
resignation
of
a
person
who
was
elected
by
write-in
votes,
21
the
city
clerk
shall
notify
the
person
who
received
the
next
22
highest
number
of
votes
cast
for
the
office
that
the
person
23
may
assume
the
office.
If
there
is
more
than
one
person
who
24
received
the
next
highest
number
of
votes
cast
for
the
office,
25
lots
shall
be
drawn
pursuant
to
section
50.44
to
determine
the
26
person
who
received
the
next
highest
number
of
votes.
If
the
27
person
accepts
the
position,
the
person
shall
be
considered
the
28
duly
elected
officer
unless,
within
ten
days
after
the
clerk
29
has
given
notice,
a
petition
requesting
a
special
election
30
is
filed
by
eligible
electors
of
the
city
equal
in
number
to
31
twenty-five
percent
of
the
number
of
persons
who
voted
for
the
32
office
at
the
election.
If
the
person
declines,
the
person
33
shall
do
so
in
writing
to
the
city
clerk
within
ten
days
and
the
34
office
shall
be
considered
vacant
at
the
end
of
the
term.
The
35
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vacancy
shall
be
filled
pursuant
to
the
provisions
of
section
1
372.13,
subsection
2
.
If
the
council
chooses
to
appoint,
the
2
appointment
may
be
made
before
the
end
of
the
current
term.
3
Sec.
43.
Section
376.11,
subsections
4
and
5,
Code
2024,
are
4
amended
by
striking
the
subsections.
5
Sec.
44.
Section
420.126,
Code
2024,
is
amended
to
read
as
6
follows:
7
420.126
City
convention.
8
Political
parties
in
special
charter
cities
having
a
9
population
of
fifty
thousand
or
more
a
city
shall
hold
a
city
10
convention
within
the
city
on
the
second
Friday
following
the
11
primary
election.
The
city
central
committee
shall
set
the
12
time
and
place
of
the
convention
and
shall
file
the
same
in
13
the
office
of
the
city
clerk
at
least
ten
days
prior
to
the
14
convention.
15
Sec.
45.
Section
420.137,
Code
2024,
is
amended
to
read
as
16
follows:
17
420.137
Applicable
laws.
18
All
laws
governing
political
parties
and
the
nomination
of
19
candidates
in
elections
shall,
as
far
as
applicable,
govern
the
20
political
parties
and
nomination
and
election
of
candidates
21
in
cities
acting
under
a
special
charter
in
1973
and
having
a
22
population
of
fifty
thousand
or
more,
except
where
such
a
city
23
by
election
chooses
to
conduct
city
elections
under
chapter
44
,
24
45
,
or
376
.
25
Sec.
46.
CODE
EDITOR
DIRECTIVE.
26
1.
The
Code
editor
is
directed
to
make
the
following
27
transfers:
28
a.
Section
420.126
to
section
376.12.
29
b.
Section
420.127
to
section
376.13.
30
c.
Section
420.128
to
section
376.14.
31
d.
Section
420.129
to
section
376.15.
32
e.
Section
420.130
to
section
376.16.
33
f.
Section
420.131
to
section
376.17.
34
g.
Section
420.132
to
section
376.18.
35
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h.
Section
420.133
to
section
376.19.
1
i.
Section
420.134
to
section
376.20.
2
j.
Section
420.135
to
section
376.21.
3
k.
Section
420.136
to
section
376.22.
4
l.
Section
420.137
to
section
376.23.
5
2.
The
Code
editor
shall
correct
internal
references
in
the
6
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
7
enactment
of
this
section.
8
Sec.
47.
REPEAL.
Sections
376.4A,
376.6,
and
376.9,
Code
9
2024,
are
repealed.
10
Sec.
48.
APPLICABILITY.
This
Act
applies
to
elections
held
11
on
or
after
January
1,
2026.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
nominations
of
candidates
for
elections
16
to
city,
school
district,
and
merged
area
offices.
The
bill
17
requires
candidates
for
such
elections
to
be
nominated
by
18
primary
elections
held
pursuant
to
Code
chapter
43
(partisan
19
nominations
——
primary
election).
Currently
such
elections
20
are
nonpartisan
except
for
special
charter
cities
under
Code
21
chapter
420.
The
bill
repeals
other
methods
for
the
nomination
22
of
candidates,
including
nominations
by
petition
and
runoff
23
elections.
The
bill
requires
political
parties
in
school
24
districts
to
hold
conventions
for
the
nomination
of
members
25
to
the
school
district
central
committee
for
the
purpose
of
26
holding
primary
elections
in
school
districts
and
merged
areas.
27
The
bill
applies
to
elections
held
on
or
after
January
1,
2026.
28
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