Bill Text: IA SSB3056 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to city elections.
Spectrum: Unknown
Status: (N/A - Dead) 0000-00-00 - In State Government [SSB3056 Detail]
Download: Iowa-2013-SSB3056-Introduced.html
Senate
Study
Bill
3056
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
DANIELSON)
A
BILL
FOR
An
Act
relating
to
city
elections.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
44.4,
subsection
1,
Code
2014,
is
amended
1
to
read
as
follows:
2
1.
Nominations
made
pursuant
to
this
chapter
and
chapter
3
45
which
are
required
to
be
filed
in
the
office
of
the
state
4
commissioner
shall
be
filed
in
that
office
not
more
than
5
ninety-nine
days
nor
later
than
5:00
p.m.
on
the
eighty-first
6
day
before
the
date
of
the
general
election
to
be
held
in
7
November.
Nominations
made
for
a
special
election
called
8
pursuant
to
section
69.14
shall
be
filed
by
5:00
p.m.
not
less
9
than
twenty-five
days
before
the
date
of
an
election
called
10
upon
at
least
forty
days’
notice
and
not
less
than
fourteen
11
days
before
the
date
of
an
election
called
upon
at
least
12
eighteen
days’
notice.
Nominations
made
for
a
special
election
13
called
pursuant
to
section
69.14A
shall
be
filed
by
5:00
p.m.
14
not
less
than
twenty-five
days
before
the
date
of
the
election.
15
Nominations
made
pursuant
to
this
chapter
and
chapter
45
which
16
are
required
to
be
filed
in
the
office
of
the
commissioner
17
shall
be
filed
in
that
office
not
more
than
ninety-two
days
18
nor
later
than
5:00
p.m.
on
the
sixty-ninth
day
before
the
19
date
of
the
general
election.
Nominations
made
pursuant
to
20
this
chapter
or
chapter
45
for
city
office
shall
be
filed
not
21
more
than
seventy-two
days
nor
later
than
5:00
p.m.
on
the
22
forty-seventh
day
before
the
city
election
with
the
city
clerk
23
county
commissioner
of
elections
responsible
under
section
47.2
24
for
conducting
elections
held
for
the
city
,
who
shall
process
25
them
as
provided
by
law.
26
Sec.
2.
Section
44.4,
subsection
2,
paragraph
a,
27
subparagraphs
(2)
and
(3),
Code
2014,
are
amended
to
read
as
28
follows:
29
(2)
Those
filed
with
the
commissioner,
not
less
than
30
sixty-four
days
before
the
date
of
the
election
,
except
as
31
provided
in
subparagraph
(3)
.
32
(3)
Those
filed
with
the
city
clerk
commissioner
for
an
33
elective
city
office
,
at
least
forty-two
days
before
the
34
regularly
scheduled
or
special
city
election.
However,
for
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those
cities
that
may
be
required
to
hold
a
primary
election,
1
at
least
sixty-three
days
before
the
regularly
scheduled
or
2
special
city
election.
3
Sec.
3.
Section
44.7,
Code
2014,
is
amended
to
read
as
4
follows:
5
44.7
Hearing
before
commissioner.
6
Objections
Except
as
otherwise
provided
in
section
44.8,
7
objections
filed
with
the
commissioner
shall
be
considered
by
8
the
county
auditor,
county
treasurer,
and
county
attorney,
9
and
a
majority
decision
shall
be
final
;
but
.
However,
if
the
10
objection
is
to
the
certificate
of
nomination
of
one
or
more
11
of
the
above
named
county
officers,
the
officer
or
officers
12
objected
to
shall
not
pass
upon
the
objection,
but
their
places
13
shall
be
filled,
respectively,
by
the
chairperson
of
the
board
14
of
supervisors,
the
sheriff,
and
the
county
recorder.
15
Sec.
4.
Section
44.8,
Code
2014,
is
amended
to
read
as
16
follows:
17
44.8
Hearing
before
mayor.
18
1.
Objections
filed
with
the
city
clerk
pursuant
to
19
section
362.4
or
with
the
commissioner
for
an
elective
city
20
office
shall
be
considered
by
the
mayor
and
clerk
and
one
21
member
of
the
council
chosen
by
the
council
by
ballot,
and
22
a
majority
decision
shall
be
final
;
but
.
However,
if
the
23
objection
is
to
the
certificate
of
nomination
of
either
of
24
those
city
officials,
that
official
shall
not
pass
upon
said
25
the
objection,
but
the
official’s
place
shall
be
filled
by
a
26
member
of
the
council
against
whom
no
such
objection
exists,
27
chosen
as
above
provided.
28
2.
The
hearing
shall
be
held
within
twenty-four
hours
of
the
29
receipt
of
the
objection
if
a
primary
election
must
be
held
for
30
the
office
sought
by
the
candidate
against
whom
the
objection
31
has
been
filed.
32
Sec.
5.
Section
44.9,
subsections
2
and
6,
Code
2014,
are
33
amended
to
read
as
follows:
34
2.
In
the
office
of
the
proper
commissioner,
at
least
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sixty-four
days
before
the
date
of
the
election
,
except
as
1
otherwise
provided
in
subsection
6
.
2
6.
In
the
office
of
the
proper
city
clerk
commissioner
,
at
3
least
forty-two
days
before
the
regularly
scheduled
or
special
4
city
election.
However,
for
those
cities
that
may
be
required
5
to
hold
a
primary
election,
at
least
sixty-three
days
before
a
6
regularly
scheduled
or
special
city
election.
7
Sec.
6.
Section
44.11,
Code
2014,
is
amended
to
read
as
8
follows:
9
44.11
Vacancies
filled.
10
If
a
candidate
named
under
this
chapter
withdraws
before
the
11
deadline
established
in
section
44.9
,
declines
a
nomination,
12
or
dies
before
election
day,
or
if
a
certificate
of
nomination
13
is
held
insufficient
or
inoperative
by
the
officer
with
whom
14
it
is
required
to
be
filed,
or
in
case
any
objection
made
15
to
a
certificate
of
nomination,
or
to
the
eligibility
of
any
16
candidate
named
in
the
certificate,
is
sustained
by
the
board
17
appointed
to
determine
such
questions,
the
vacancy
or
vacancies
18
may
be
filled
by
the
convention,
or
caucus,
or
in
such
manner
19
as
such
convention
or
caucus
has
previously
provided.
The
20
vacancy
or
vacancies
shall
be
filled
not
less
than
seventy-four
21
days
before
the
election
in
the
case
of
nominations
required
to
22
be
filed
with
the
state
commissioner,
not
less
than
sixty-four
23
days
before
the
election
in
the
case
of
nominations
required
24
to
be
filed
with
the
commissioner,
not
less
than
thirty-five
25
days
before
the
election
in
the
case
of
nominations
required
26
to
be
filed
in
the
office
of
the
school
board
secretary,
27
and
not
less
than
forty-two
days
before
the
election
in
the
28
case
of
nominations
required
to
be
filed
with
the
city
clerk
29
commissioner
for
city
elections
.
30
Sec.
7.
Section
372.13,
subsection
2,
paragraph
a,
Code
31
2014,
is
amended
to
read
as
follows:
32
a.
(1)
By
appointment
by
the
remaining
members
of
the
33
council,
except
that
if
the
remaining
members
do
not
constitute
34
a
quorum
of
the
full
membership,
paragraph
“b”
shall
be
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followed.
The
appointment
shall
be
made
within
sixty
days
1
after
the
vacancy
occurs
and
shall
be
for
the
period
until
the
2
next
pending
election
as
defined
in
section
69.12
,
and
shall
3
be
made
within
forty
days
after
the
vacancy
occurs
regular
4
city
election
described
in
section
376.1,
unless
there
is
an
5
intervening
special
election
in
that
city,
in
which
event
6
the
election
for
the
office
shall
be
placed
on
the
ballot
7
at
such
special
election
.
If
the
council
fails
to
make
an
8
appointment
within
sixty
days
as
required
by
this
subsection,
9
the
city
clerk
shall
give
notice
of
the
vacancy
to
the
county
10
commissioner
and
the
county
commissioner
shall
call
a
special
11
election
to
fill
the
vacancy
at
the
earliest
practicable
date
12
but
no
fewer
than
thirty-two
days
after
the
notice
is
received
13
by
the
county
commissioner.
14
(2)
If
the
council
chooses
to
proceed
under
this
paragraph,
15
it
shall
publish
notice
in
the
manner
prescribed
by
section
16
362.3
,
stating
that
the
council
intends
to
fill
the
vacancy
17
by
appointment
but
that
the
electors
of
the
city
or
ward,
as
18
the
case
may
be,
have
the
right
to
file
a
petition
requiring
19
that
the
vacancy
be
filled
by
a
special
election.
The
council
20
may
publish
notice
in
advance
if
an
elected
official
submits
21
a
resignation
to
take
effect
at
a
future
date.
The
council
22
may
make
an
appointment
to
fill
the
vacancy
after
the
notice
23
is
published
or
after
the
vacancy
occurs,
whichever
is
later.
24
However,
if
within
fourteen
days
after
publication
of
the
25
notice
or
within
fourteen
days
after
the
appointment
is
made,
26
there
is
filed
with
the
city
clerk
a
petition
which
requests
a
27
special
election
to
fill
the
vacancy,
an
appointment
to
fill
28
the
vacancy
is
temporary
and
the
council
shall
call
a
special
29
election
to
fill
the
vacancy
permanently,
under
paragraph
“b”
.
30
The
number
of
signatures
of
eligible
electors
of
a
city
for
a
31
valid
petition
shall
be
determined
as
follows:
32
(1)
(a)
For
a
city
with
a
population
of
ten
thousand
or
33
less,
at
least
two
hundred
signatures
or
at
least
the
number
of
34
signatures
equal
to
fifteen
percent
of
the
voters
who
voted
for
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candidates
for
the
office
at
the
preceding
regular
election
at
1
which
the
office
was
on
the
ballot,
whichever
number
is
fewer.
2
(2)
(b)
For
a
city
with
a
population
of
more
than
ten
3
thousand
but
not
more
than
fifty
thousand,
at
least
one
4
thousand
signatures
or
at
least
the
number
of
signatures
equal
5
to
fifteen
percent
of
the
voters
who
voted
for
candidates
for
6
the
office
at
the
preceding
regular
election
at
which
the
7
office
was
on
the
ballot,
whichever
number
is
fewer.
8
(3)
(c)
For
a
city
with
a
population
of
more
than
fifty
9
thousand,
at
least
two
thousand
signatures
or
at
least
the
10
number
of
signatures
equal
to
ten
percent
of
the
voters
who
11
voted
for
candidates
for
the
office
at
the
preceding
regular
12
election
at
which
the
office
was
on
the
ballot,
whichever
13
number
is
fewer.
14
(4)
(d)
The
minimum
number
of
signatures
for
a
valid
15
petition
pursuant
to
subparagraphs
(1)
subparagraph
divisions
16
(a)
through
(3)
(c)
shall
not
be
fewer
than
ten.
In
17
determining
the
minimum
number
of
signatures
required,
if
at
18
the
last
preceding
election
more
than
one
position
was
to
be
19
filled
for
the
office
in
which
the
vacancy
exists,
the
number
20
of
voters
who
voted
for
candidates
for
the
office
shall
be
21
determined
by
dividing
the
total
number
of
votes
cast
for
the
22
office
by
the
number
of
seats
to
be
filled.
23
Sec.
8.
Section
376.1,
Code
2014,
is
amended
to
read
as
24
follows:
25
376.1
City
election
held
——
absentee
ballot
elections
26
authorized
.
27
1.
A
city
shall
hold
a
regular
city
election
on
the
first
28
Tuesday
after
the
first
Monday
in
November
of
each
odd-numbered
29
year.
A
city
shall
hold
regular,
special,
primary,
or
runoff
30
city
elections
as
provided
by
state
law.
31
2.
The
mayor
or
council
shall
give
notice
of
any
special
32
election
to
the
county
commissioner
of
elections.
The
county
33
commissioner
of
elections
shall
publish
notice
of
any
city
34
election
and
conduct
the
election
pursuant
to
the
provisions
of
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chapters
39
to
53
,
except
as
otherwise
specifically
provided
1
in
chapters
362
to
392
.
The
results
of
any
election
shall
be
2
canvassed
by
the
county
board
of
supervisors
and
certified
3
by
the
county
commissioner
of
elections
to
the
mayor
and
the
4
council
of
the
city
for
which
the
election
is
held.
5
3.
a.
The
council
of
a
city
with
a
population
of
two
6
hundred
or
less
according
to
the
most
recent
federal
decennial
7
census
may
adopt
an
ordinance
providing
that
elections
be
8
conducted
by
absentee
ballot.
If
the
city
council
adopts
9
such
an
ordinance,
the
clerk
shall
notify
the
commissioner
10
of
elections
of
the
adoption
of
the
ordinance,
and
the
11
commissioner
shall
mail
an
absentee
ballot
application
form
12
by
forwardable
mail
to
each
registered
voter
within
the
city
13
who
is
on
active
status
pursuant
to
section
48A.37
no
fewer
14
than
twenty-five
days
before
each
regular
city
election
or
15
special
election
for
the
city.
The
commissioner
shall
also
16
enclose
a
postage
paid
return
envelope
and
a
notice
in
the
form
17
prescribed
by
the
state
commissioner
informing
the
voter
that
18
voting
in
person
on
election
day
will
also
be
available
at
the
19
commissioner’s
office
during
the
time
the
polls
are
open.
The
20
commissioner
may
designate
one
additional
site
as
an
election
21
day
polling
place
for
a
city
that
adopts
an
ordinance
pursuant
22
to
this
subsection.
The
location
of
the
additional
polling
23
place
shall
be
included
in
the
notice
to
the
voter.
24
b.
The
additional
polling
place
designated
under
this
25
subsection
is
subject
to
the
requirements
of
section
49.21
26
relating
to
accessibility
to
persons
with
disabilities
27
and
relating
to
the
posting
of
signs.
The
location
of
the
28
additional
polling
place
shall
be
published
by
the
county
29
commissioner
of
elections
as
required
by
section
49.53.
30
c.
The
provisions
of
chapter
53,
insofar
as
applicable,
31
shall
apply
to
absentee
ballot
elections
authorized
under
this
32
subsection.
33
Sec.
9.
Section
376.4,
subsection
1,
paragraph
a,
Code
2014,
34
is
amended
to
read
as
follows:
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a.
An
eligible
elector
of
a
city
may
become
a
candidate
1
for
an
elective
city
office
by
filing
with
the
city
clerk
2
county
commissioner
of
elections
responsible
under
section
47.2
3
for
conducting
elections
held
for
the
city
a
valid
petition
4
requesting
that
the
elector’s
name
be
placed
on
the
ballot
5
for
that
office.
The
petition
must
be
filed
not
more
than
6
seventy-one
days
and
not
less
than
forty-seven
days
before
the
7
date
of
the
election,
and
must
be
signed
by
eligible
electors
8
equal
in
number
to
at
least
two
percent
of
those
who
voted
to
9
fill
the
same
office
at
the
last
regular
city
election,
but
not
10
less
than
ten
persons.
However,
for
those
cities
which
may
be
11
required
to
hold
a
primary
election,
the
petition
must
be
filed
12
not
more
than
eighty-five
days
and
not
less
than
sixty-eight
13
days
before
the
date
of
the
regular
city
election.
Nomination
14
petitions
shall
be
filed
not
later
than
5:00
p.m.
on
the
last
15
day
for
filing.
16
Sec.
10.
Section
376.4,
subsections
3,
4,
and
5,
Code
2014,
17
are
amended
to
read
as
follows:
18
3.
If
the
city
clerk
is
not
readily
available
during
normal
19
office
hours,
the
city
clerk
shall
designate
other
employees
or
20
officials
of
the
city
who
are
ordinarily
available
to
accept
21
nomination
papers
under
this
section
.
On
the
final
date
for
22
filing
nomination
papers
the
office
of
the
city
clerk
county
23
commissioner
shall
remain
open
until
5:00
p.m.
24
4.
The
city
clerk
county
commissioner
shall
review
each
25
petition
and
affidavit
of
candidacy
for
completeness
following
26
the
standards
in
section
45.5
and
shall
accept
the
petition
27
for
filing
if
on
its
face
it
appears
to
have
the
requisite
28
number
of
signatures
and
if
it
is
timely
filed.
The
city
29
clerk
county
commissioner
shall
note
upon
each
petition
and
30
affidavit
accepted
for
filing
the
date
and
time
that
they
were
31
filed.
The
clerk
county
commissioner
shall
return
any
rejected
32
nomination
papers
to
the
person
on
whose
behalf
the
nomination
33
papers
were
filed.
34
5.
Nomination
papers
filed
with
the
city
clerk
county
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commissioner
shall
be
available
for
public
inspection.
1
5A.
The
city
clerk
shall
deliver
all
nomination
papers
2
together
with
the
text
of
any
public
measure
being
submitted
by
3
the
city
council
to
the
electorate
to
the
county
commissioner
4
of
elections
on
the
day
following
no
later
than
the
last
day
5
on
which
nomination
petitions
can
be
filed,
and
not
later
than
6
5:00
p.m.
on
that
day.
7
Sec.
11.
Section
376.11,
subsections
3,
4,
and
5,
Code
2014,
8
are
amended
to
read
as
follows:
9
3.
In
city
primary
elections
any
person
who
receives
10
write-in
votes
shall
execute
an
affidavit
in
substantially
the
11
form
required
by
section
45.3
,
and
file
it
with
the
county
12
commissioner
of
elections
or
the
city
clerk
not
later
than
5:00
13
p.m.
on
the
day
after
the
canvass
of
the
primary
election.
14
If
any
person
who
received
write-in
votes
fails
to
file
the
15
affidavit
at
the
time
required,
the
county
commissioner
shall
16
disregard
the
write-in
votes
cast
for
that
person.
A
notation
17
shall
be
made
on
the
abstract
of
votes
showing
which
persons
18
who
received
write-in
votes
filed
affidavits.
The
total
number
19
of
votes
cast
for
each
office
on
the
ballot
shall
be
amended
by
20
subtracting
the
write-in
votes
of
those
candidates
who
failed
21
to
file
the
affidavit.
It
is
not
necessary
for
a
candidate
22
whose
name
was
printed
upon
the
ballot
to
file
an
affidavit.
23
Of
the
remaining
candidates,
those
who
receive
the
highest
24
number
of
votes
to
the
extent
of
twice
the
number
of
unfilled
25
positions
shall
be
placed
on
the
ballot
for
the
regular
city
26
election
as
candidates
for
that
office.
27
4.
In
cities
in
which
the
city
council
has
chosen
a
runoff
28
election
in
lieu
of
a
primary,
if
a
person
who
was
elected
29
by
write-in
votes
chooses
not
to
accept
the
office
by
filing
30
a
resignation
notice
with
the
city
clerk
or
commissioner
of
31
elections
not
later
than
5:00
p.m.
on
the
day
following
the
32
canvass,
all
remaining
persons
who
received
write-in
votes
and
33
who
wish
to
be
considered
candidates
for
the
runoff
election
34
shall
execute
an
affidavit
in
substantially
the
form
required
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by
section
45.3
and
file
it
with
the
county
commissioner
or
1
the
city
clerk
not
later
than
5:00
p.m.
of
the
fourth
day
2
following
the
canvass.
If
a
person
receiving
write-in
votes
3
fails
to
file
the
affidavit
at
the
time
required,
the
county
4
commissioner
of
elections
shall
disregard
the
write-in
votes
5
cast
for
that
person.
The
abstract
of
votes
shall
be
amended
6
to
show
that
the
person
who
was
declared
elected
declined
the
7
office
and
a
notation
shall
be
made
next
to
the
names
of
those
8
persons
who
did
not
file
the
affidavit.
A
runoff
election
9
shall
be
held
with
the
remaining
candidates
who
have
the
10
highest
number
of
votes
to
the
extent
of
twice
the
number
of
11
unfilled
positions.
12
5.
In
a
city
in
which
the
council
has
chosen
a
runoff
13
election,
if
no
person
was
declared
elected
for
an
office,
all
14
persons
who
received
write-in
votes
shall
execute
an
affidavit
15
in
substantially
the
form
required
by
section
45.3
and
file
it
16
with
the
county
commissioner
of
elections
or
the
city
clerk
not
17
later
than
5:00
p.m.
on
the
day
following
the
canvass
of
votes.
18
If
any
person
who
received
write-in
votes
fails
to
file
the
19
affidavit,
the
county
commissioner
of
elections
shall
disregard
20
the
write-in
votes
cast
for
that
person.
The
abstract
of
votes
21
shall
be
amended
to
note
which
of
the
write-in
candidates
22
failed
to
file
the
affidavit.
A
runoff
election
shall
be
held
23
with
the
remaining
candidates
who
have
the
highest
number
of
24
votes
to
the
extent
of
twice
the
number
of
unfilled
positions.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
city
elections.
29
The
bill
requires
that
if
a
vacancy
in
an
elective
city
30
office
is
filled
by
appointment
of
the
remaining
members
of
31
the
city
council,
that
such
appointment
be
for
the
period
32
until
the
next
regular
city
election,
as
defined
in
statute.
33
If,
however,
there
is
an
intervening
special
election
in
that
34
city,
then
the
election
for
the
office
shall
be
placed
on
the
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ballot
at
the
special
election.
The
bill
requires
that
if
1
an
appointment
is
not
made
within
60
days
after
the
vacancy
2
occurs,
the
county
commissioner
of
elections
shall
call
a
3
special
election
to
fill
the
vacancy.
4
The
bill
allows
cities
with
populations
of
200
or
less
to
5
adopt
an
ordinance
providing
that
city
elections
be
conducted
6
by
absentee
ballot.
The
bill
requires
the
county
commissioner
7
of
elections
responsible
for
conducting
elections
for
such
a
8
city
to
mail
an
absentee
ballot
application
form
by
forwardable
9
mail
to
each
active
status
registered
voter
within
the
city
10
no
fewer
than
25
days
before
each
regular
city
election
or
11
special
election
for
that
city.
The
bill
requires
that
the
12
county
commissioner
of
elections
also
enclose
a
postage
paid
13
return
envelope
and
a
notice
that
in-person
voting
will
also
14
be
available
at
the
county
commissioner’s
office
on
the
day
of
15
the
election
and,
if
applicable,
the
location
of
the
additional
16
polling
place.
The
bill
allows
the
county
commissioner
to
17
designate
one
additional
election
day
polling
place
for
such
18
cities.
19
The
bill
further
requires
that
nomination
petitions
and
20
affidavits
of
candidacy
for
elective
city
office,
withdrawals
21
of
such
nominations,
and
objections
to
nominations
be
filed
22
with
the
county
commissioner
of
elections
responsible
for
23
conducting
elections
for
the
city.
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