S.F. 10 Section 1. Section 43.52, Code 2015, is amended to read as 1 follows: 2 43.52 Nominees for county office. 3 1. a. The nominee of each political party for any office to 4 be filled by the voters of the entire county, or for the office 5 of county supervisor elected from a district within the county, 6 shall be the person receiving the highest number of votes cast 7 in the primary election by the voters of that party for the 8 office, and that person shall appear as the party’s candidate 9 for the office on the general election ballot. 10 b. If no candidate receives thirty-five percent or more 11 of the votes cast by voters of the candidate’s party for the 12 office sought, the primary is inconclusive and the nomination 13 shall be made as provided by section 43.78, subsection 1 , 14 paragraphs “d” and “e” subsection 3 . 15 2. When two or more nominees are required, as in the case 16 of at-large elections, the nominees shall likewise be the 17 required number of persons who receive the greatest highest 18 number of votes cast in the primary election by the voters of 19 the nominating party, but no candidate is nominated who fails 20 to receive thirty-five percent of the number of votes found by 21 dividing the number of votes cast by voters of the candidate’s 22 party for the office in question by the number of persons to be 23 elected to that office. If the primary is inconclusive under 24 this paragraph subsection , the necessary number of nominations 25 shall be made as provided by section 43.78, subsection 1 , 26 paragraphs “d” and “e” subsection 3 . 27 3. a. A primary runoff election shall be held only 28 for nominations unfilled because the primary election is 29 inconclusive under subsection 1 or 2. 30 (1) When one nominee is required for an office, the two 31 candidates who received the highest number of votes cast for 32 that nomination in the primary election shall be the candidates 33 in the primary runoff election. 34 (2) When two or more nominees are required for an office and 35 -1- LSB 1090XS (2) 86 aw/sc 1/ 7

S.F. 10 the necessary number of nominations cannot be made pursuant to 1 subsection 2, the number of candidates in the primary runoff 2 election shall equal one more than the necessary number of 3 nominations remaining unfilled. The candidates in the primary 4 runoff election shall be the remaining candidates who received 5 the highest number of votes cast in the primary election but 6 who did not receive at least thirty-five percent of the votes 7 cast in the primary election. 8 b. Primary runoff elections shall be held four weeks 9 after the date of the primary election and shall, insofar as 10 practicable, be conducted and the results canvassed in the same 11 manner as primary elections. 12 c. The candidates equal in number to the necessary number of 13 nominations remaining unfilled who receive the highest number 14 of votes cast by the voters of the nominating party shall be 15 the nominees of that party for that office in the general 16 election. 17 d. The fact that the candidate who receives the highest 18 number of votes cast for any party’s nomination for an office 19 under this subsection is a person whose name was not printed on 20 the official primary runoff election ballot shall not affect 21 the validity of the person’s nomination as a candidate for that 22 office in the general election. 23 Sec. 2. Section 43.65, Code 2015, is amended to read as 24 follows: 25 43.65 Who nominated. 26 1. The candidate of each political party for nomination 27 for each office to be filled by the voters of the entire 28 state, and for each seat in the United States house of 29 representatives, the Iowa house of representatives and each 30 seat in the Iowa senate which is to be filled, who receives 31 the highest number of votes cast by the voters of that party 32 for that nomination shall be the candidate of that party for 33 that office in the general election. However, if there are 34 more than two candidates for any nomination and none of the 35 -2- LSB 1090XS (2) 86 aw/sc 2/ 7

S.F. 10 candidates receives thirty-five percent or more of the votes 1 cast by voters of that party for that nomination, the primary 2 is inconclusive and the nomination shall be made as provided 3 by section 43.78, subsection 1 , paragraph “a”, “b” or “c”, 4 whichever is appropriate subsection 2 . 5 2. a. A primary runoff election shall be held only 6 for nominations unfilled because the primary election is 7 inconclusive under subsection 1. The two candidates who 8 received the highest number of votes cast for that nomination 9 in the primary election shall be the candidates in the primary 10 runoff election. 11 b. Primary runoff elections shall be held four weeks 12 after the date of the primary election and shall, insofar as 13 practicable, be conducted and the results canvassed in the same 14 manner as primary elections. 15 c. The candidate in the primary runoff election who 16 receives the highest number of votes cast by the voters of the 17 nominating party shall be the nominee of that party for that 18 office in the general election. 19 d. The fact that the candidate who receives the highest 20 number of votes cast for any party’s nomination for an office 21 under this subsection is a person whose name was not printed on 22 the official primary runoff election ballot shall not affect 23 the validity of the person’s nomination as a candidate for that 24 office in the general election. 25 Sec. 3. Section 43.66, Code 2015, is amended to read as 26 follows: 27 43.66 Write-in candidates. 28 The fact that the candidate who receives the highest number 29 of votes cast for any party’s nomination for an office to 30 which section 43.52 or 43.65 is applicable is a person whose 31 name was not printed on the official primary election ballot 32 shall not affect the validity of the person’s nomination as a 33 candidate for that office in the general election. However, 34 if there is no candidate on the official primary ballot of 35 -3- LSB 1090XS (2) 86 aw/sc 3/ 7

S.F. 10 a political party for nomination to a particular office, a 1 write-in candidate may obtain the party’s nomination to that 2 office in the primary if the candidate receives a number of 3 votes equal to at least thirty-five percent of the total vote 4 cast for all of that party’s candidates for that office in 5 the last preceding primary election for which the party had 6 candidates on the ballot for that office. If there have been 7 no candidates from a political party for a seat in the general 8 assembly since the most recent redistricting of the general 9 assembly, a write-in candidate shall be considered nominated 10 who receives a number of votes equal to at least thirty-five 11 percent of the total votes cast, at the last preceding primary 12 election in the precincts which currently constitute the 13 general assembly district, for all of that party’s candidates 14 for representative in the Congress of the United States or 15 who receives at least one hundred votes, whichever number is 16 greater. When two or more nominees are required, the division 17 procedure prescribed in section 43.52 shall be applied to 18 establish the minimum number of write-in votes necessary for 19 nomination. If the primary is inconclusive, the necessary 20 nominations shall be made in accordance with section 43.78, 21 subsection 1 43.52, subsection 3, or section 43.65, subsection 22 2, as applicable . 23 Sec. 4. Section 43.67, subsection 1, Code 2015, is amended 24 to read as follows: 25 1. Each candidate nominated pursuant to section 43.52 26 or 43.65 is entitled to have the candidate’s name printed 27 on the official ballot to be voted at the general election 28 without other certificate unless the candidate was nominated 29 by write-in votes. Immediately after the completion of the 30 canvass for the primary election held under section 43.49 , the 31 county auditor shall notify each person who was nominated by 32 write-in votes for a county office that the person is required 33 to file an affidavit of candidacy if the person wishes to be a 34 candidate for that office at the general election. Immediately 35 -4- LSB 1090XS (2) 86 aw/sc 4/ 7

S.F. 10 after the completion of the canvass for the primary election 1 held under section 43.63 , the secretary of state shall notify 2 each person who was nominated by write-in votes for a state or 3 federal office that the person is required to file an affidavit 4 of candidacy if the person wishes to be a candidate for that 5 office at the general election. If a person receives enough 6 votes to be placed on a primary runoff election ballot, the 7 county commissioner of elections or the state commissioner of 8 elections, as appropriate, shall immediately after the canvass 9 of the primary election notify the person that the person is 10 required to file an affidavit of candidacy if the person wishes 11 to be a candidate for nomination to that office at the primary 12 runoff election. If the affidavit is not filed by 5:00 p.m. 13 on the seventh day after the completion of the canvass, that 14 person’s name shall not be placed upon the official general 15 election ballot or the primary election runoff ballot, as 16 applicable . The affidavit shall be signed by the candidate, 17 notarized, and filed with the county auditor or the secretary 18 of state, whichever is applicable. 19 Sec. 5. Section 43.67, subsection 2, paragraph f, Code 2015, 20 is amended to read as follows: 21 f. A declaration that if the candidate is elected to the 22 office sought the candidate will qualify by taking the oath of 23 office. 24 Sec. 6. Section 43.77, subsection 2, Code 2015, is amended 25 to read as follows: 26 2. The primary election was inconclusive as to that office 27 because no candidate for the party’s nomination for that office 28 received the number of votes required by section 43.52 , section 29 43.53 , or 43.65 , whichever is applicable . 30 Sec. 7. IMPLEMENTATION OF ACT. Section 25B.2, subsection 31 3, shall not apply to this Act. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -5- LSB 1090XS (2) 86 aw/sc 5/ 7

S.F. 10 This bill requires a primary runoff election be held to 1 determine a party’s nominee in the case of an inconclusive 2 primary election for certain offices. Current law provides 3 that nominations following an inconclusive primary be filled 4 by the party’s state convention, congressional district 5 convention, party precinct committee members, county convention 6 delegates, or county convention precinct delegates, as 7 applicable. Under current law, an inconclusive primary 8 occurs when there is not a sufficient number of candidates 9 who received at least 35 percent of the vote in the primary 10 election to fill the necessary number of nominations for an 11 office. 12 Primary runoff elections are to be held four weeks after 13 the primary election and are to be conducted and the results 14 canvassed in the same manner as primary elections. 15 Relating to primary runoff elections for county offices, 16 the bill provides that when one nominee is required, the two 17 candidates who received the highest number of votes cast for 18 the nomination shall be the candidates in the primary runoff 19 election. When two or more nominees are required and the 20 necessary number of nominations were not made at the primary 21 election, the number of candidates in the primary runoff 22 election shall equal one more than the remaining necessary 23 number of nominations, and the candidates shall be the 24 remaining candidates who received the highest number of votes 25 cast in the primary election but who did not receive at least 26 35 percent of the vote cast to be nominated in the primary 27 election. The candidate or candidates who receive the highest 28 number of votes cast by voters of the nominating party in the 29 primary runoff election shall be the nominee or nominees of 30 that party for that office in the general election. 31 Relating to primary runoff elections for statewide office, 32 congressional office, and members of the general assembly, 33 the bill provides that the two candidates who received the 34 highest number of votes cast in the primary election shall be 35 -6- LSB 1090XS (2) 86 aw/sc 6/ 7

S.F. 10 the candidates in the primary runoff election. The candidate 1 in the primary runoff election who receives the highest number 2 of votes cast by voters of the nominating party shall be the 3 nominee of that party for that office in the general election. 4 The bill requires that if a person receives enough write-in 5 votes at an inconclusive primary election to be placed on 6 a primary runoff election ballot, the county commissioner 7 of elections or the state commissioner of elections, as 8 appropriate, shall immediately after the canvass of the primary 9 election notify the person that the person is required to 10 file an affidavit of candidacy if the person wishes to be a 11 candidate for nomination to that office at the primary runoff 12 election. 13 The bill may include a state mandate as defined in Code 14 section 25B.3. The bill makes inapplicable Code section 25B.2, 15 subsection 3, which would relieve a political subdivision from 16 complying with a state mandate if funding for the cost of 17 the state mandate is not provided or specified. Therefore, 18 political subdivisions are required to comply with any state 19 mandate included in the bill. 20 -7- LSB 1090XS (2) 86 aw/sc 7/ 7