HF 2016 (LSB 5129YH (5) 87)

HOUSE FILE 2016

BY  HUNTER

A BILL FOR

An Act concerning the regulation of elections by establishing requirements for election to public office, assessing election costs to candidates, and affecting vote tabulations for public referenda.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  39.28  Votes required for election.
   1.  A candidate for public office shall not be elected to the office who has not received a number of votes equal to at least half the number of registered voters eligible to cast a ballot for the office.
   2.  If no candidate for a public office receives the number of votes required for election pursuant to subsection 1, a runoff election shall be held between the two candidates for the office who received the highest number of votes. The candidate who receives the highest number of votes in the runoff election shall be elected.
    Sec. 2.  Section 47.3, subsections 1 and 2, Code 2018, are amended to read as follows:
   1.  The costs of conducting a special election called by the governor, general election, and the primary election held prior to the general election shall be paid proportionally, as determined by the state commissioner of elections, by the county each candidate or candidate’s committee, as defined in section 68A.102, included on the ballot.
   2.  The cost of conducting other elections shall be paid by the political subdivision for which the election is held each candidate or candidate’s committee, as defined in section 68A.102. The costs shall include but not be limited to the printing of the ballots and the election register, publication of notices, printing of declaration of eligibility affidavits, compensation for precinct election boards, canvass materials, and the preparation and installation of voting equipment. The county commissioner of elections shall certify to the county board of supervisors a statement of cost for an election. The cost shall be assessed proportionally by the county board of supervisors against the political subdivision for which the election was held each candidate or candidate’s committee, as defined in section 68A.102, included on the ballot.
    Sec. 3.  Section 47.3, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  The costs of runoff elections shall be paid by the candidates included on the ballot.
    Sec. 4.  NEW SECTION.  49A.12  Failure to vote tabulated as a “no” vote.
   When a public measure or constitutional amendment is submitted to a general election pursuant to section 49A.4, a constitutional amendment is submitted to a special election pursuant to section 49A.5, or the question of holding a constitutional convention is submitted to a general or special election pursuant to Article X, section 3 of the Constitution of the State of Iowa, a registered voter who does not cast a ballot on the measure, amendment, or convention shall be counted as having voted against the measure, amendment, or convention.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires that a candidate for any public office receive votes equal to at least half the number of registered voters eligible to cast a ballot for that office in order to be elected. If no candidate for an office meets this requirement, the bill requires that a runoff election be held between the two candidates who received the highest number of votes. 
   The bill requires candidates or their candidates’ committees to pay the costs of administering any elections in which they participate. Any runoff elections must be paid for by the candidates personally. The bill also requires that any registered voter who does not cast a ballot on a public measure, constitutional amendment, or constitutional convention be counted as having voted against that measure, amendment, or convention.