Text: HF00281 Text: HF00283 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 43.20, Code 1995, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 5. A person shall not be a candidate for
1 4 an elective state office to be filled at the primary election
1 5 if, on the final date upon which nomination papers may be
1 6 filed for that office, the person is serving a term for
1 7 another elective state office. A person who files nomination
1 8 papers for an elective state office while holding another
1 9 elective state office shall file with the state commissioner
1 10 of elections a written notice of resignation effective
1 11 February 1 of the year in which the primary election is to be
1 12 held. The notice of resignation shall be filed with the state
1 13 commissioner no later than five p.m. on the final date upon
1 14 which nomination papers for the primary election may be filed
1 15 with the state commissioner. If the required notice is not
1 16 filed, the candidate's name shall not be certified by the
1 17 state commissioner for the elective state office for which
1 18 nomination papers are filed with the state commissioner and
1 19 the county commissioner of elections shall not include the
1 20 candidate's name on the ballot for that office in any county.
1 21 For the purpose of this subsection, "elective state office"
1 22 means the office of governor, lieutenant governor, secretary
1 23 of state, treasurer of state, secretary of agriculture,
1 24 attorney general, state representative, or state senator.
1 25 Sec. 2. Section 49.41, Code 1995, is amended to read as
1 26 follows:
1 27 49.41 MORE THAN ONE OFFICE PROHIBITED.
1 28 1. a. A person shall not be a candidate for more than one
1 29 office to be filled at the same election. A person who has
1 30 been nominated for more than one office shall file a written
1 31 notice declaring the office for which the person wishes to
1 32 appear on the ballot.
1 33 b. If the nomination papers for all offices for which the
1 34 candidate has been nominated are required to be filed with the
1 35 same commissioner of elections, the candidate shall file a
2 1 written notice with that commissioner no later than five p.m.
2 2 on the final date upon which nomination papers may be filed
2 3 for the election. The notice shall state the office for which
2 4 the person wishes to appear on the ballot. If the required
2 5 notice is not filed, the candidate's name shall not be
2 6 certified by the state commissioner for any office for which
2 7 nomination papers are filed with the state commissioner and
2 8 the county commissioner of elections shall not include the
2 9 candidate's name on the ballot for any office in any county.
2 10 c. If a person is a candidate for one or more offices for
2 11 which nomination papers are required to be filed with the
2 12 state commissioner and one or more offices for which
2 13 nomination papers are required to be filed with the county
2 14 commissioner, the candidate shall notify the state
2 15 commissioner and the county commissioner in writing. The
2 16 notice shall state the office for which the person chooses to
2 17 remain a candidate. The notice shall be filed no later than
2 18 the last day to file nomination papers with the commissioner.
2 19 If the required notice is not filed, the candidate's name
2 20 shall not appear on the ballot for any office in any county.
2 21 d. If necessary, the county commissioner shall certify to
2 22 the state commissioner the name of any person who is a
2 23 candidate for more than one office which will appear on the
2 24 ballot for the election. The certification of dual candidacy
2 25 shall be made no later than five p.m. on the day following the
2 26 final day to file nomination papers in the office of the
2 27 commissioner.
2 28 e. When the state commissioner receives notice from the
2 29 county commissioner that a candidate for a state or federal
2 30 office has also been nominated for a county or township
2 31 office, the state commissioner shall amend the certificate
2 32 issued pursuant to section 43.73 and notify the commissioners
2 33 of any other counties to whom the candidate's name was
2 34 originally certified and instruct them to remove the
2 35 candidate's name from the ballot in those counties.
3 1 2. A person shall not be a candidate for an elective state
3 2 office if, on the final date upon which nomination papers may
3 3 be filed for that office at the general election, the person
3 4 is serving a term for another elective state office. A person
3 5 who has been nominated for an elective state office while
3 6 holding another elective state office shall file with the
3 7 state commissioner of elections a written notice of
3 8 resignation effective February 1 of the year in which the
3 9 general election is to be held. The notice of resignation
3 10 shall be filed with the state commissioner no later than five
3 11 p.m. on the final date upon which nomination papers may be
3 12 filed with the state commissioner. If the required notice is
3 13 not filed, the candidate's name shall not be certified by the
3 14 state commissioner for the elective state office for which
3 15 nomination papers are filed with the state commissioner and
3 16 the county commissioner of elections shall not include the
3 17 candidate's name on the ballot for that office in any county.
3 18 For the purpose of this subsection, "elective state office"
3 19 means the office of governor, lieutenant governor, secretary
3 20 of state, treasurer of state, secretary of agriculture,
3 21 attorney general, state representative, or state senator.
3 22 3. This section does not apply to the following public
3 23 offices: county agricultural extension council, soil and
3 24 water conservation district commission, or regional library
3 25 board of trustees.
3 26 EXPLANATION
3 27 This bill prohibits a person currently holding elective
3 28 state office from appearing on the primary or general election
3 29 ballot as a candidate for another elective state office
3 30 without first filing with the state commissioner of elections
3 31 (secretary of state) a written notice of resignation,
3 32 effective February 1 of the year in which the primary or
3 33 general election is held. Elective state office includes the
3 34 office of governor, lieutenant governor, secretary of state,
3 35 auditor of state, treasurer of state, secretary of
4 1 agriculture, attorney general, state representative, or state
4 2 senator.
4 3 LSB 1730HH 76
4 4 sc/sc/14
Text: HF00281 Text: HF00283 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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