Bill Text: IA SF23 | 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: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-01-12 - Subcommittee: Cournoyer, Celsi, and Salmon. S.J. 119. [SF23 Detail]
Download: Iowa-2023-SF23-Introduced.html
Senate
File
23
-
Introduced
SENATE
FILE
23
BY
ZAUN
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
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90
ss/ns
S.F.
23
Section
1.
Section
43.24,
subsection
1,
paragraph
b,
1
subparagraph
(4),
Code
2023,
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
2023,
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
2023,
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
2023,
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-
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16
S.F.
23
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
2023,
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
elections
are
held.
16
Sec.
6.
Section
43.115,
subsection
1,
Code
2023,
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
2023,
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
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2/
16
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23
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
2023,
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
1303XS
(4)
90
ss/ns
3/
16
S.F.
23
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
2023,
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
10,
Code
2023,
is
amended
19
by
striking
the
subsection.
20
Sec.
11.
Section
49.31,
subsection
2,
paragraph
d,
Code
21
2023,
is
amended
to
read
as
follows:
22
d.
On
the
regular
and
special
city
election
and
school
23
election
ballots
the
names
of
candidates
for
city,
school
24
district,
and
merged
area
offices
shall
be
arranged
by
drawing
25
lots
for
position.
The
commissioner
shall
hold
the
drawing
on
26
the
second
business
day
following
the
deadline
for
filing
of
27
nomination
papers
or
petitions
under
sections
260C.15
,
277.4
,
28
and
376.4
.
If
a
candidate
withdraws,
dies,
or
is
removed
29
from
the
ballot
after
the
ballot
position
of
names
has
been
30
determined,
such
candidate’s
name
shall
be
removed
from
the
31
ballot,
and
the
order
of
the
remaining
names
shall
not
be
32
changed.
33
Sec.
12.
Section
50.48,
subsection
1,
paragraph
a,
34
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
35
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23
follows:
1
The
county
board
of
canvassers
shall
order
a
recount
of
the
2
votes
cast
for
a
particular
office
or
nomination
in
one
or
3
more
specified
election
precincts
in
that
county
if
a
written
4
request
for
a
recount
is
made
not
later
than
5:00
p.m.
on
the
5
third
day
following
the
county
board’s
canvass
of
the
election
6
in
question.
For
a
city
runoff
election
held
pursuant
to
7
section
376.9
,
the
written
request
must
be
made
not
later
than
8
5:00
p.m.
on
the
day
following
the
county
board’s
canvass
of
9
the
city
runoff
election.
The
request
shall
be
filed
with
the
10
commissioner
of
that
county
and
shall
be
signed
by
either
of
11
the
following:
12
Sec.
13.
Section
50.48,
subsection
8,
Code
2023,
is
amended
13
by
striking
the
subsection.
14
Sec.
14.
Section
69.12,
subsection
1,
paragraph
b,
15
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
16
(2)
The
candidate
filing
deadline
specified
in
section
17
376.4
for
the
regular
city
election
or
the
filing
deadline
18
specified
in
section
372.13,
subsection
2
,
for
a
special
city
19
election.
20
Sec.
15.
Section
260C.15,
subsections
2
and
3,
Code
2023,
21
are
amended
to
read
as
follows:
22
2.
A
candidate
for
member
of
the
board
of
directors
of
a
23
merged
area
shall
be
nominated
by
a
petition
signed
by
not
24
less
than
fifty
eligible
electors
of
the
director
district
25
from
which
the
member
is
to
be
elected.
The
petition
shall
26
state
the
number
of
the
director
district
from
which
the
27
candidate
seeks
election,
and
the
candidate’s
name
and
status
28
as
an
eligible
elector
of
the
director
district.
Signers
of
29
the
petition,
in
addition
to
signing
their
names,
shall
show
30
their
residence,
including
street
and
number
if
any,
the
school
31
district
in
which
they
reside,
and
the
date
they
signed
the
32
petition.
A
person
may
sign
nomination
petitions
for
more
33
than
one
candidate
for
the
same
office,
and
the
signature
34
is
not
invalid
solely
because
the
person
signed
nomination
35
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S.F.
23
petitions
for
one
or
more
other
candidates
for
the
office.
The
1
petition
shall
include
the
affidavit
of
the
candidate
being
2
nominated,
stating
the
candidate’s
name
and
residence,
and
3
that
the
individual
is
a
candidate,
is
eligible
for
the
office
4
sought,
and
if
elected
will
qualify
for
the
office
as
provided
5
in
section
277.4
.
6
3.
Nomination
papers
on
behalf
of
candidates
for
member
of
7
the
board
of
directors
of
a
merged
area
shall
be
filed
with
8
the
secretary
of
the
board
not
earlier
than
seventy-one
days
9
nor
later
than
5:00
p.m.
on
the
forty-seventh
day
prior
to
10
the
election
at
which
members
of
the
board
are
to
be
elected.
11
On
the
day
following
the
last
day
on
which
certificates
of
12
nomination
petitions
can
be
filed,
and
no
later
than
5:00
p.m.
13
on
that
day,
the
secretary
shall
deliver
all
certificates
14
of
nomination
petitions
so
filed,
together
with
the
text
of
15
any
public
measure
being
submitted
by
the
board
of
directors
16
to
the
electorate,
to
the
merged
area’s
controlling
county
17
commissioner
of
elections
under
section
47.2
.
That
controlling
18
commissioner
shall
certify
the
names
of
candidates,
and
the
19
text
and
summary
of
any
public
measure
being
submitted
to
the
20
electorate,
to
all
county
commissioners
of
elections
in
the
21
merged
area
by
the
forty-second
day
prior
to
the
election.
22
Sec.
16.
Section
260C.15,
subsection
4,
paragraphs
a
and
b,
23
Code
2023,
are
amended
to
read
as
follows:
24
a.
Objections
to
the
legal
sufficiency
of
a
nomination
25
petition
or
to
the
eligibility
of
a
candidate
may
be
filed
by
26
any
person
who
would
have
the
right
to
vote
for
a
candidate
for
27
the
office
in
question.
28
b.
The
objection
must
be
filed
with
the
secretary
of
the
29
board
at
least
forty-two
days
before
the
day
of
the
election
30
at
which
members
of
the
board
are
elected.
When
objections
31
are
filed,
notice
shall
immediately
be
given
to
the
candidate
32
affected,
addressed
to
the
candidate’s
place
of
residence
as
33
given
on
the
candidate’s
affidavit,
stating
that
objections
34
have
been
made
to
the
legal
sufficiency
of
the
petition
or
to
35
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90
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6/
16
S.F.
23
the
eligibility
of
the
candidate,
and
also
stating
the
time
and
1
place
the
objections
will
be
considered.
The
board
secretary
2
shall
also
attempt
to
notify
the
candidate
by
telephone
if
3
the
candidate
provided
a
telephone
number
on
the
candidate’s
4
affidavit.
5
Sec.
17.
Section
275.25,
subsection
1,
paragraph
b,
Code
6
2023,
is
amended
to
read
as
follows:
7
b.
The
election
shall
be
conducted
as
provided
in
section
8
sections
277.3
,
and
nomination
petitions
shall
be
filed
9
pursuant
to
section
277.4
,
except
as
otherwise
provided
in
10
this
subsection
.
Nomination
petitions
shall
be
filed
with
the
11
secretary
of
the
board
of
the
existing
school
district
in
which
12
the
candidate
resides
not
less
than
twenty-eight
days
before
13
the
date
set
for
the
special
school
election.
The
secretary
of
14
the
board,
or
the
secretary’s
designee,
shall
be
present
in
the
15
secretary’s
office
until
5:00
p.m.
on
the
final
day
to
file
the
16
nomination
papers.
The
nomination
papers
shall
be
delivered
to
17
the
commissioner
no
later
than
5:00
p.m.
on
the
twenty-seventh
18
day
before
the
election.
19
Sec.
18.
Section
277.4,
Code
2023,
is
amended
by
striking
20
the
section
and
inserting
in
lieu
thereof
the
following:
21
277.4
Nominations
——
primary
elections.
22
Nominations
shall
be
made
by
primary
elections
held
pursuant
23
to
sections
43.112
through
43.118
and
277.8
through
277.19.
24
Sec.
19.
Section
277.5,
subsection
1,
Code
2023,
is
amended
25
to
read
as
follows:
26
1.
Objections
to
the
legal
sufficiency
of
a
nomination
27
petition
or
to
the
eligibility
of
a
candidate
may
be
filed
by
28
any
person
who
would
have
the
right
to
vote
for
a
candidate
for
29
the
office
in
question.
The
objection
must
be
filed
with
the
30
secretary
of
the
school
board
at
least
forty-two
days
before
31
the
day
of
the
school
election.
When
objections
are
filed
32
notice
shall
forthwith
be
given
to
the
candidate
affected,
33
addressed
to
the
candidate’s
place
of
residence
as
given
on
the
34
candidate’s
affidavit,
stating
that
objections
have
been
made
35
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16
S.F.
23
to
the
legal
sufficiency
of
the
petition
or
to
the
eligibility
1
of
the
candidate,
and
also
stating
the
time
and
place
the
2
objections
will
be
considered.
3
Sec.
20.
NEW
SECTION
.
277.8
School
district
convention.
4
Political
parties
in
school
districts
shall
hold
a
school
5
district
convention
within
the
school
district
on
the
second
6
Friday
following
the
primary
election.
The
school
district
7
central
committee
shall
set
the
time
and
place
of
the
8
convention
and
shall
file
the
same
in
the
office
of
the
school
9
board
at
least
ten
days
prior
to
the
convention.
10
Sec.
21.
NEW
SECTION
.
277.9
School
district
convention
——
11
delegates
elected.
12
Delegates
to
school
district
conventions
of
their
respective
13
political
parties
shall
be
elected
at
precinct
caucuses
held
14
at
8:00
p.m.
on
the
third
Monday
in
August
of
the
same
year
in
15
which
the
school
election
is
conducted.
The
precinct
caucuses
16
shall
be
convened
within
the
boundaries
of
each
precinct
at
17
places
designated
by
the
school
district
central
committee.
18
The
chairperson
of
the
school
district
central
committee
shall
19
file
with
the
school
board
a
certified
list
of
places
where
the
20
precinct
caucuses
will
be
held
not
later
than
ten
days
prior
21
to
the
date
of
the
caucus
and
shall
cause
the
time
and
place
of
22
said
caucus
to
be
published
in
two
newspapers
within
the
school
23
district
not
later
than
ten
days
prior
to
the
convening
of
the
24
precinct
caucus.
25
Sec.
22.
NEW
SECTION
.
277.10
School
district
convention
26
——
chairperson
and
secretary.
27
The
school
district
precinct
caucus
shall
elect,
by
a
28
majority
vote
of
those
present,
a
chairperson
and
secretary
29
who
shall
certify
to
the
school
district
central
committee
30
and
school
board
the
names
and
addresses
of
those
elected
as
31
delegates
to
the
school
district
convention.
The
number
of
32
delegates
from
each
voting
precinct
shall
be
determined
by
33
a
ratio
adopted
by
the
respective
political
party’s
school
34
district
central
committee,
and
the
chairperson
of
the
school
35
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23
district
central
committee
shall
file
with
the
school
board
a
1
statement
designating
the
number
of
delegates
for
each
voting
2
precinct
in
the
school
district
not
less
than
twenty-five
days
3
before
the
date
of
the
precinct
caucuses.
If
the
chairperson
4
of
the
school
district
central
committee
fails
to
so
act,
the
5
county
chairperson
shall
designate
the
number
of
delegates
6
to
be
elected
from
each
voting
precinct
and
shall
cause
such
7
information
to
be
published
in
two
newspapers
within
the
school
8
district
at
least
ten
days
prior
to
holding
the
precinct
9
caucuses.
10
Sec.
23.
NEW
SECTION
.
277.11
School
district
convention
11
delegates
——
term.
12
The
delegates
shall
hold
office
from
the
day
following
the
13
election
for
a
period
of
two
years.
14
Sec.
24.
NEW
SECTION
.
277.12
School
district
precinct
15
candidates
——
affidavit
of
candidacy.
16
Candidates
for
school
district
precinct
committee
member
17
shall
cause
their
names
to
be
printed
on
the
primary
ballot
by
18
filing
an
affidavit
as
provided
for
in
section
43.18
with
the
19
county
commissioner
of
elections
at
least
forty
days
prior
to
20
the
day
fixed
for
conducting
the
primary
election.
21
Sec.
25.
NEW
SECTION
.
277.13
Members
from
each
school
22
district
precinct.
23
Two
persons
for
each
political
party
shall
be
elected
from
24
each
precinct
to
the
school
district
central
committee
at
25
the
primary
election.
They
shall
hold
office
for
a
period
26
of
two
years
immediately
following
the
adjournment
of
the
27
school
district
convention,
or
until
their
successors
are
duly
28
elected
and
qualified,
unless
sooner
removed
by
the
school
29
district
central
committee
for
failing
to
perform
the
duties
30
of
committee
members,
incompetency,
or
failing
to
support
the
31
ticket
nominated
by
their
respective
party.
32
Sec.
26.
NEW
SECTION
.
277.14
School
district
committee
33
meetings
——
vacancies.
34
The
school
district
central
committee
shall
commence
35
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90
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9/
16
S.F.
23
performing
their
duties
on
the
day
of
the
school
district
1
convention
and
vacancies
occurring
therein
may
be
filled
by
2
the
school
district
chairperson
subject
to
confirmation
of
the
3
central
committee.
4
Sec.
27.
NEW
SECTION
.
277.15
School
district
central
5
committee
——
returns
of
election.
6
Election
judges
shall
make
returns
of
the
election
of
7
members
of
the
school
district
central
committee
in
the
same
8
manner
as
returns
are
conducted
for
other
officers
except
that
9
the
election
judges
shall
canvass
the
returns
as
to
members
10
of
the
school
district
central
committee,
and
certify
the
11
results
thereof
to
the
county
commissioner
of
elections
with
12
the
returns.
13
Sec.
28.
NEW
SECTION
.
277.16
School
district
central
14
committee
——
certified
list
of
those
elected.
15
After
the
canvass
of
votes
by
the
county
board
of
16
supervisors,
the
county
commissioner
of
elections
shall
notify
17
the
members
of
the
school
district
central
committee
who
have
18
been
elected
of
the
time
and
place
of
holding
the
school
19
district
convention,
and
shall
deliver
a
certified
list
of
20
those
elected
to
the
chairperson
of
their
respective
political
21
party’s
central
committee
in
the
school
district
on
or
before
22
the
second
Thursday
following
the
primary
election.
23
Sec.
29.
NEW
SECTION
.
277.17
School
district
convention
——
24
elected
delegates.
25
The
school
district
convention
shall
be
composed
of
the
26
delegates
elected
at
the
last
preceding
school
district
27
precinct
caucus,
and
the
secretary
of
the
school
board
shall
28
forward
a
certified
list
of
said
elected
delegates
at
least
ten
29
days
prior
to
the
school
district
convention
to
the
chairperson
30
of
the
school
district
central
committee.
31
Sec.
30.
NEW
SECTION
.
277.18
Duties
of
school
board
32
secretary.
33
The
secretary
of
the
school
board
shall
keep
a
certified
34
list
of
delegates
to
the
school
district
convention
elected
at
35
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10/
16
S.F.
23
the
precinct
caucuses
and
a
record
of
the
precinct
committee
1
members
elected
at
the
primary
election.
The
secretary
of
the
2
school
board
shall
maintain
a
current
list
of
all
members
of
3
the
school
district
central
committee.
The
certified
list
and
4
records
shall
be
maintained
by
the
secretary
of
the
school
5
district
for
at
least
two
years
subsequent
to
the
election
6
of
the
delegates
and
precinct
committee
members
and
shall
be
7
available
for
public
inspection.
8
Sec.
31.
NEW
SECTION
.
277.19
Applicable
laws.
9
All
laws
governing
political
parties
and
the
nomination
of
10
candidates
in
elections
shall,
as
far
as
applicable,
govern
the
11
political
parties
and
nomination
and
election
of
candidates
in
12
school
districts.
13
Sec.
32.
Section
279.6,
subsection
1,
paragraph
b,
14
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
15
(1)
If
within
fourteen
days
after
publication
of
a
notice
16
required
pursuant
to
paragraph
“a”
for
a
vacancy
that
occurs
17
more
than
one
hundred
eighty
days
before
the
next
regular
18
school
election,
or
after
the
filing
period
closes
pursuant
19
to
section
277.4,
subsection
1,
for
the
next
regular
school
20
election,
there
is
filed
with
the
secretary
of
the
school
board
21
a
petition
requesting
a
special
election
to
fill
the
vacancy,
22
an
appointment
to
fill
the
vacancy
is
temporary
until
a
23
successor
is
elected
and
qualified,
and
the
board
shall
call
a
24
special
election
pursuant
to
section
279.7
,
to
fill
the
vacancy
25
for
the
remaining
balance
of
the
unexpired
term.
26
Sec.
33.
Section
279.7,
subsection
4,
Code
2023,
is
amended
27
to
read
as
follows:
28
4.
Nomination
petitions
Nominations
shall
be
filed
made
in
29
the
manner
provided
in
section
277.4
,
except
that
the
petitions
30
shall
be
filed
not
less
than
twenty-five
days
before
the
date
31
set
for
the
election
.
32
Sec.
34.
Section
331.383,
Code
2023,
is
amended
to
read
as
33
follows:
34
331.383
Duties
and
powers
relating
to
elections.
35
-11-
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16
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23
The
board
shall
ensure
that
the
county
commissioner
of
1
elections
conducts
primary,
general,
city,
school,
and
special
2
elections
in
accordance
with
applicable
state
law.
The
board
3
shall
canvass
elections
in
accordance
with
sections
43.49
4
through
43.51
,
43.60
through
43.62
,
46.24
,
50.13
,
50.24
through
5
50.29
,
50.44
through
50.47
,
260C.39
,
275.25
,
277.20
,
376.1
,
6
and
376.7
,
and
376.9
.
The
board
shall
prepare
and
deliver
a
7
list
of
persons
nominated
in
accordance
with
section
43.55
,
8
provide
for
a
recount
in
accordance
with
section
50.48
,
provide
9
for
election
precincts
in
accordance
with
sections
49.3
,
49.4
,
10
49.6
through
49.8
,
and
49.11
,
pay
election
costs
as
provided
11
in
section
47.3
,
participate
in
election
contests
as
provided
12
in
sections
62.1A
and
62.9
,
and
perform
other
election
duties
13
required
by
state
law.
The
board
shall
provide
for
the
use
of
14
an
optical
scan
voting
system
as
provided
in
sections
52.2
and
15
52.3
,
and
exercise
other
election
powers
as
provided
by
state
16
law.
17
Sec.
35.
Section
376.3,
Code
2023,
is
amended
to
read
as
18
follows:
19
376.3
Nominations.
20
Candidates
for
elective
city
offices
must
be
nominated
as
21
provided
in
sections
376.4
through
376.9
unless
by
ordinance
22
a
city
chooses
the
provisions
of
chapter
44
or
45
.
However,
23
a
city
acting
under
a
special
charter
in
1973
and
having
a
24
population
of
over
fifty
thousand
shall
continue
to
hold
25
partisan
elections
as
provided
in
sections
43.112
through
26
43.118
and
sections
420.126
376.12
through
420.137
unless
the
27
city
by
election
as
provided
in
section
43.112
chooses
to
28
conduct
city
elections
under
this
chapter
or
chapter
44
or
45
29
376.23
.
The
choice
of
one
of
these
options
by
such
a
special
30
charter
city
does
not
otherwise
affect
the
validity
of
the
31
city’s
charter.
However,
special
charter
cities
which
choose
32
to
exercise
the
option
to
conduct
nonpartisan
city
elections
33
may
choose
in
the
same
manner
the
original
decision
was
made,
34
to
resume
holding
city
elections
on
a
partisan
basis.
35
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16
S.F.
23
Sec.
36.
Section
376.4,
subsections
1,
2,
3,
4,
5,
and
7,
1
Code
2023,
are
amended
by
striking
the
subsections.
2
Sec.
37.
Section
376.5,
Code
2023,
is
amended
to
read
as
3
follows:
4
376.5
Publication
of
ballot.
5
Notice
for
each
regular,
special,
primary,
or
runoff
city
6
election
shall
be
published
by
the
county
commissioner
of
7
elections
as
provided
in
section
362.3
,
except
that
notice
of
a
8
regular,
primary,
or
runoff
election
may
be
published
not
less
9
than
four
days
before
the
date
of
the
election.
The
published
10
notice
must
list
the
names
of
all
candidates
,
and
must
not
11
contain
any
party
designations
.
The
published
notice
must
12
include
any
question
to
be
submitted
to
the
voters.
The
notice
13
may
contain
one
or
more
facsimiles
of
the
portion
of
the
ballot
14
containing
the
first
arrangement
of
candidates
as
prescribed
15
by
section
49.31,
subsection
2
.
16
Sec.
38.
Section
376.7,
subsection
1,
Code
2023,
is
amended
17
to
read
as
follows:
18
1.
If
a
primary
election
is
necessary,
it
The
primary
19
election
shall
be
held
on
the
Tuesday
four
weeks
before
the
20
date
of
the
regular
city
election.
For
each
office
on
the
21
ballot,
a
voter
shall
only
vote
for
the
number
of
persons
to
22
be
elected
to
that
office
at
the
regular
city
election.
The
23
county
board
of
supervisors
shall
publicly
canvass
the
tally
24
lists
of
the
vote
cast
in
the
primary
election,
following
the
25
procedures
prescribed
in
section
50.24
,
at
a
meeting
to
be
held
26
on
the
second
day
following
the
primary
election,
and
beginning
27
no
earlier
than
1:00
p.m.
on
that
day.
28
Sec.
39.
Section
376.8,
subsections
2
and
3,
Code
2023,
are
29
amended
by
striking
the
subsections.
30
Sec.
40.
Section
376.11,
subsection
2,
Code
2023,
is
amended
31
to
read
as
follows:
32
2.
Except
in
cities
where
the
council
has
chosen
a
runoff
33
election
in
lieu
of
a
primary,
following
Following
the
34
resignation
of
a
person
who
was
elected
by
write-in
votes,
35
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90
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23
the
city
clerk
shall
notify
the
person
who
received
the
next
1
highest
number
of
votes
cast
for
the
office
that
the
person
2
may
assume
the
office.
If
there
is
more
than
one
person
who
3
received
the
next
highest
number
of
votes
cast
for
the
office,
4
lots
shall
be
drawn
pursuant
to
section
50.44
to
determine
the
5
person
who
received
the
next
highest
number
of
votes.
If
the
6
person
accepts
the
position,
the
person
shall
be
considered
the
7
duly
elected
officer
unless,
within
ten
days
after
the
clerk
8
has
given
notice,
a
petition
requesting
a
special
election
9
is
filed
by
eligible
electors
of
the
city
equal
in
number
to
10
twenty-five
percent
of
the
number
of
persons
who
voted
for
the
11
office
at
the
election.
If
the
person
declines,
the
person
12
shall
do
so
in
writing
to
the
city
clerk
within
ten
days
and
the
13
office
shall
be
considered
vacant
at
the
end
of
the
term.
The
14
vacancy
shall
be
filled
pursuant
to
the
provisions
of
section
15
372.13,
subsection
2
.
If
the
council
chooses
to
appoint,
the
16
appointment
may
be
made
before
the
end
of
the
current
term.
17
Sec.
41.
Section
376.11,
subsections
4
and
5,
Code
2023,
are
18
amended
by
striking
the
subsections.
19
Sec.
42.
Section
420.126,
Code
2023,
is
amended
to
read
as
20
follows:
21
420.126
City
convention.
22
Political
parties
in
special
charter
cities
having
a
23
population
of
fifty
thousand
or
more
a
city
shall
hold
a
city
24
convention
within
the
city
on
the
second
Friday
following
the
25
primary
election.
The
city
central
committee
shall
set
the
26
time
and
place
of
the
convention
and
shall
file
the
same
in
27
the
office
of
the
city
clerk
at
least
ten
days
prior
to
the
28
convention.
29
Sec.
43.
Section
420.137,
Code
2023,
is
amended
to
read
as
30
follows:
31
420.137
Applicable
laws.
32
All
laws
governing
political
parties
and
the
nomination
of
33
candidates
in
elections
shall,
as
far
as
applicable,
govern
the
34
political
parties
and
nomination
and
election
of
candidates
35
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23
in
cities
acting
under
a
special
charter
in
1973
and
having
a
1
population
of
fifty
thousand
or
more,
except
where
such
a
city
2
by
election
chooses
to
conduct
city
elections
under
chapter
44
,
3
45
,
or
376
.
4
Sec.
44.
CODE
EDITOR
DIRECTIVE.
5
1.
The
Code
editor
is
directed
to
make
the
following
6
transfers:
7
a.
Section
420.126,
as
amended
by
this
Act,
to
section
8
376.12.
9
b.
Section
420.127
to
section
376.13.
10
c.
Section
420.128
to
section
376.14.
11
d.
Section
420.129
to
section
376.15.
12
e.
Section
420.130
to
section
376.16.
13
f.
Section
420.131
to
section
376.17.
14
g.
Section
420.132
to
section
376.18.
15
h.
Section
420.133
to
section
376.19.
16
i.
Section
420.134
to
section
376.20.
17
j.
Section
420.135
to
section
376.21.
18
k.
Section
420.136
to
section
376.22.
19
l.
Section
420.137,
as
amended
by
this
Act,
to
section
20
376.23.
21
2.
The
Code
editor
shall
correct
internal
references
in
the
22
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
23
enactment
of
this
section.
24
Sec.
45.
REPEAL.
Sections
376.4A,
376.6,
and
376.9,
Code
25
2023,
are
repealed.
26
Sec.
46.
APPLICABILITY.
This
Act
applies
to
elections
held
27
on
or
after
January
1,
2025.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
nominations
of
candidates
for
elections
32
to
city,
school
district,
and
merged
area
offices.
The
bill
33
requires
candidates
for
such
elections
to
be
nominated
by
34
primary
elections
held
pursuant
to
Code
chapter
43
(partisan
35
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23
nominations
——
primary
election).
Currently
such
elections
1
are
nonpartisan
except
for
special
charter
cities
under
Code
2
chapter
420.
The
bill
repeals
other
methods
for
the
nomination
3
of
candidates,
including
nominations
by
petition
and
runoff
4
elections.
The
bill
requires
political
parties
in
school
5
districts
to
hold
conventions
for
the
nomination
of
members
6
to
the
school
district
central
committee
for
the
purpose
of
7
holding
primary
elections
in
school
districts
and
merged
areas.
8
The
bill
applies
to
elections
held
on
or
after
January
1,
2025.
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