House File 363 - Introduced HOUSE FILE 363 BY McKEAN A BILL FOR An Act changing the date of the primary election. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2056HH (3) 87 aw/sc
H.F. 363 Section 1. Section 43.7, Code 2017, is amended to read as 1 follows: 2 43.7 Time of holding. 3 The primary election by all political parties shall be held 4 at the usual voting places of the several precincts on the 5 first Tuesday after the first Monday in June September in each 6 even-numbered year. 7 Sec. 2. Section 43.73, unnumbered paragraph 1, Code 2017, 8 is amended to read as follows: 9 Not less than sixty-nine forty-six days before the general 10 election the state commissioner shall certify to each 11 commissioner, under separate party headings, the name of each 12 person nominated as shown by the official canvass made by the 13 executive council, or as certified to the state commissioner 14 by the proper persons when any person has been nominated by 15 a convention or by a party committee, or by petition, the 16 office to which the person is nominated, and the order in which 17 federal and state offices, judges, constitutional amendments, 18 and state public measures shall appear on the official ballot. 19 Sec. 3. Section 43.76, Code 2017, is amended to read as 20 follows: 21 43.76 Withdrawal of nominated candidates. 22 1. A candidate nominated in a primary election for any 23 office for which nomination papers are required to be filed 24 with the state commissioner may withdraw as a nominee for that 25 office on or before, but not later than, the eighty-ninth 26 fiftieth day before the date of the general election by so 27 notifying the state commissioner in writing. 28 2. A candidate nominated in a primary election for any 29 office for which nomination papers are required to be filed 30 with the commissioner may withdraw as a nominee for that 31 office on or before, but not later than, the seventy-fourth 32 fifty-fifth day before the date of the general election by so 33 notifying the commissioner in writing. 34 Sec. 4. Section 43.78, subsections 2 and 3, Code 2017, are 35 -1- LSB 2056HH (3) 87 aw/sc 1/ 3
H.F. 363 amended to read as follows: 1 2. The name of any candidate designated to fill a vacancy on 2 the general election ballot in accordance with subsection 1 , 3 paragraph “a” , “b” , or “c” , shall be submitted in writing to the 4 state commissioner not later than 5:00 p.m. on the eighty-first 5 forty-sixth day before the date of the general election. 6 3. The name of any candidate designated to fill a vacancy 7 on the general election ballot in accordance with subsection 8 1 , paragraph “d” , “e” , or “f” , shall be submitted in writing to 9 the commissioner not later than 5:00 p.m. on the sixty-ninth 10 fifty-sixth day before the date of the general election. 11 Sec. 5. Section 43.77, subsection 3, Code 2017, is amended 12 to read as follows: 13 3. The person nominated in the primary election as the 14 party’s candidate for that office subsequently withdrew as 15 permitted by section 43.76 , was found to lack the requisite 16 qualifications for the office, or died, at a time not later 17 than the eighty-ninth fiftieth day before the date of the 18 general election in the case of an office for which nomination 19 papers must be filed with the state commissioner and not later 20 than the seventy-fourth fifty-fifth day before the date of the 21 general election in the case of an office for which nomination 22 papers must be filed with the county commissioner. 23 Sec. 6. Section 43.79, Code 2017, is amended to read as 24 follows: 25 43.79 Death of candidate after time for withdrawal. 26 The death of a candidate nominated as provided by law for any 27 office to be filled at a general election, during the period 28 beginning on the eighty-eighth fiftieth day before the general 29 election, in the case of any candidate whose nomination papers 30 were filed with the state commissioner, or beginning on the 31 seventy-third fifty-fifth day before the general election, in 32 the case of any candidate whose nomination papers were filed 33 with the commissioner, and ending on the last day before the 34 general election shall not operate to remove the deceased 35 -2- LSB 2056HH (3) 87 aw/sc 2/ 3
H.F. 363 candidate’s name from the general election ballot. If the 1 deceased candidate was seeking the office of senator or 2 representative in the Congress of the United States, governor, 3 attorney general, senator or representative in the general 4 assembly or county supervisor, section 49.58 shall control. If 5 the deceased candidate was seeking any other office, and as a 6 result of the candidate’s death a vacancy is subsequently found 7 to exist, the vacancy shall be filled as provided by chapter 8 69 . 9 Sec. 7. Section 53.2, subsection 1, paragraph a, Code 2017, 10 is amended to read as follows: 11 a. Any registered voter, under the circumstances specified 12 in section 53.1 , may on any day, except election day, and 13 not more than seventy forty-five days prior to before the 14 date of the general election and not more than seventy days 15 before the date of any other election , apply in person for an 16 absentee ballot at the commissioner’s office or at any location 17 designated by the commissioner. However, for those elections 18 in which the commissioner directs the polls be opened at noon 19 pursuant to section 49.73 , a voter may apply in person for an 20 absentee ballot at the commissioner’s office from 8:00 a.m. 21 until 11:00 a.m. on election day. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill changes the date of holding the primary election 26 from the first Tuesday after the first Monday in June in each 27 even-numbered year to the first Tuesday after the first Monday 28 in September in each even-numbered year. The dates for other 29 deadlines related to the primary and general election are 30 changed accordingly. Additional corresponding changes may be 31 required. 32 -3- LSB 2056HH (3) 87 aw/sc 3/ 3