HF 2151 (LSB 5161YH (5) 87)

HOUSE FILE 2151

BY  STAED, ISENHART, McKEAN, NIELSEN, WOLFE, KURTH, LENSING, WINCKLER, and GAINES

A BILL FOR

An Act differentiating between filing deadlines for incumbents and nonincumbents.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 43.11, Code 2018, is amended to read as follows:
   43.11  Filing of nomination papers.
   Nomination papers in behalf of a candidate shall be filed:
   1.  For an elective county office, in the office of the county commissioner not earlier than ninety-two days nor later than 5:00 p.m. on the sixty-ninth fifty-fifth day before the day fixed for holding the primary election, except that incumbent candidates shall file no later than 5:00 p.m. on the sixty-ninth day before the day fixed for holding the primary election.
   2.  For United States senator, for an elective state office, for representative in Congress, and for member of the general assembly, in the office of the state commissioner not earlier than ninety-nine days nor later than 5:00 p.m. on the eighty-first sixty-seventh day before the day fixed for holding the primary election, except that incumbent candidates shall file no later than 5:00 p.m. on the eighty-first day before the day fixed for holding the primary election.
    Sec. 2.  Section 44.4, subsection 1, Code 2018, is amended to read as follows:
   1.  Nominations made pursuant to this chapter and chapter 45 which are required to be filed in the office of the state commissioner shall be filed in that office not more than ninety-nine days nor later than 5:00 p.m. on the seventy-third fifty-ninth day before the date of the general election to be held in November, except that incumbent candidates shall file no later than 5:00 p.m. on the seventy-third day before the date of the general election. Nominations made for a special election called pursuant to section 69.14 shall be filed by 5:00 p.m. not less than twenty-five eleven days before the date of an election called upon at least forty days’ notice, except that incumbent candidates shall file no later than 5:00 p.m. twenty-five days before such an election, and not less than fourteen days before the date of an election called upon at least eighteen days’ notice. Nominations made for a special election called pursuant to section 69.14A shall be filed by 5:00 p.m. not less than twenty-five eleven days before the date of the election, except that incumbent candidates shall file no later than 5:00 p.m. twenty-five days before such an election. Nominations made pursuant to this chapter and chapter 45 which are required to be filed in the office of the commissioner shall be filed in that office not more than ninety-two days nor later than 5:00 p.m. on the sixty-ninth fifty-fifth day before the date of the general election, except that incumbent candidates shall file no later than 5:00 p.m. on the sixty-ninth day before the date of the general election. Nominations made pursuant to this chapter or chapter 45 for city office shall be filed not more than seventy-two days nor later than 5:00 p.m. on the forty-seventh thirty-third day before the city election with the county commissioner of elections responsible under section 47.2 for conducting elections held for the city, who shall process them as provided by law, except that incumbent candidates shall file no later than 5:00 p.m. on the forty-seventh day before the election.
    Sec. 3.  Section 54.5, subsection 1, paragraph a, Code 2018, is amended to read as follows:
   a.  The names of the candidates for president and vice president of a political party as defined in the law relating to primary elections, shall, by 5:00 p.m. on the eighty-first sixty-seventh day before the election, be certified to the state commissioner by the chairperson and secretary of the state central committee of the party, except that incumbent candidates shall be so certified no later than 5:00 p.m. on the eighty-first day before the election.
    Sec. 4.  Section 69.12, subsection 1, paragraph b, subparagraphs (3) and (4), Code 2018, are amended to read as follows:
   (3)  The fortieth twenty-sixth day before a regularly scheduled school election.
   (4)  The twenty-fifth eleventh day before a special election.
    Sec. 5.  Section 372.13, subsection 2, paragraph b, subparagraph (1), Code 2018, is amended to read as follows:
   (1)  By a special election held to fill the office for the remaining balance of the unexpired term. If the council opts for a special election or a valid petition is filed under paragraph “a”, the special election may be held concurrently with any pending election as provided by section 69.12 if by so doing the vacancy will be filled not more than ninety days after it occurs. Otherwise, a special election to fill the office shall be called by the council at the earliest practicable date. The council shall give the county commissioner at least thirty-two days’ written notice of the date chosen for the special election. The council of a city where a primary election may be required shall give the county commissioner at least sixty days’ written notice of the date chosen for the special election. A special election held under this subsection is subject to sections 376.4 through 376.11, but the dates for actions in relation to the special election shall be calculated with regard to the date for which the special election is called. However, a nomination petition must be filed not less than twenty-five eleven days before the date of the special election and, where a primary election may be required, a nomination petition must be filed not less than fifty-three thirty-nine days before the date of the special election.
    Sec. 6.  Section 376.4, subsection 1, paragraph a, Code 2018, is amended to read as follows:
   a.  An eligible elector of a city may become a candidate for an elective city office by filing with the county commissioner of elections responsible under section 47.2 for conducting elections held for the city a valid petition requesting that the elector’s name be placed on the ballot for that office, or by filing a valid petition with the designated city clerk. The petition must be filed not more than seventy-one days and not less than forty-seven thirty-three days before the date of the election, except that incumbent candidates shall file no later than forty-seven days before the election, and must be signed by eligible electors equal in number to at least two percent of those who voted to fill the same office at the last regular city election, but not less than ten persons. However, for those cities which may be required to hold a primary election, the petition must be filed not more than eighty-five days and not less than sixty-eight fifty-four days before the date of the regular city election, except that incumbent candidates shall file no later than sixty-eight days before the date of the regular city election. Nomination petitions shall be filed not later than 5:00 p.m. on the last day for filing.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill extends the filing deadline for nonincumbent candidates by two weeks for all city, county, state, and federal elections except special elections called with at least 18 days’ but less than 40 days’ notice, including elections to fill vacancies that occur during the term of an elected official.