Text: HF00322 Text: HF00324 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 69.12, Code 1995, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 3. Write-in votes cast in an election 1 4 held pursuant to this section to fill a city office, including 1 5 a special charter city office, or a nonpartisan office shall 1 6 not be canvassed unless a notice of the write-in candidacy was 1 7 published in the applicable official newspaper in the district 1 8 in which the office is to be filled no later than seven days 1 9 before the special election, and an affidavit of publication 1 10 was filed with the county commissioner of elections no later 1 11 than four days before the date of the special election. The 1 12 notice may be published, and the affidavit filed, by a person 1 13 other than the write-in candidate. This subsection shall not 1 14 apply in a district where the number of candidates on the 1 15 ballot for a nonpartisan or special charter city office is 1 16 fewer than the number of vacancies to be filled for that 1 17 office. 1 18 Sec. 2. Section 161A.5, subsection 3, Code 1995, is 1 19 amended by adding the following new unnumbered paragraph: 1 20 NEW UNNUMBERED PARAGRAPH. Write-in votes cast in an 1 21 election to fill the office of commissioner shall not be 1 22 canvassed unless a notice of the write-in candidacy was 1 23 published in each official county newspaper in the district in 1 24 which the office is to be filled no later than seven days 1 25 before the election, and an affidavit of publication was filed 1 26 with the county commissioner of elections no later than four 1 27 days before the date of the election. The notice may be 1 28 published, and the affidavit filed, by a person other than the 1 29 write-in candidate. This paragraph shall not apply in a 1 30 district where the number of candidates on the ballot for the 1 31 office of commissioner is fewer than the number of vacancies 1 32 to be filled for that office. 1 33 Sec. 3. Section 176A.8, subsection 5, Code 1995, is 1 34 amended by adding the following new unnumbered paragraph: 1 35 NEW UNNUMBERED PARAGRAPH. Write-in votes cast in an 2 1 election to fill an office pursuant to this subsection shall 2 2 not be canvassed unless a notice of the write-in candidacy was 2 3 published in each official county newspaper in the district in 2 4 which the office is to be filled no later than seven days 2 5 before the special election, and an affidavit of publication 2 6 was filed with the county commissioner of elections no later 2 7 than four days before the date of the election. The notice 2 8 may be published, and the affidavit filed, by a person other 2 9 than the write-in candidate. This paragraph shall not apply 2 10 in a district where the number of candidates on the ballot for 2 11 the office of county agricultural extension council is fewer 2 12 than the number of vacancies to be filled for that office. 2 13 Sec. 4. Section 230A.5, Code 1995, is amended by adding 2 14 the following new unnumbered paragraph: 2 15 NEW UNNUMBERED PARAGRAPH. Write-in votes cast in an 2 16 election to fill the office of community health center trustee 2 17 shall not be canvassed unless a notice of the write-in 2 18 candidacy was published in each official county newspaper in 2 19 the district in which the office is to be filled no later than 2 20 seven days before the election, and an affidavit of 2 21 publication was filed with the county commissioner of 2 22 elections no later than four days before the date of the 2 23 election. The notice may be published, and the affidavit 2 24 filed, by a person other than the write-in candidate. This 2 25 paragraph shall not apply in a district where the number of 2 26 candidates on the ballot for the office of community health 2 27 center trustee is fewer than the number of vacancies to be 2 28 filled for that office. 2 29 Sec. 5. Section 256.63, Code 1995, is amended by adding 2 30 the following new unnumbered paragraph: 2 31 NEW UNNUMBERED PARAGRAPH. Write-in votes cast in an 2 32 election to fill the office of regional library board trustee 2 33 shall not be canvassed unless a notice of the write-in 2 34 candidacy was published in each official county newspaper in 2 35 the district in which the office is to be filled no later than 3 1 seven days before the election, and an affidavit of 3 2 publication was filed with the county commissioner of 3 3 elections no later than four days before the date of the 3 4 election. The notice may be published, and the affidavit 3 5 filed, by a person other than the write-in candidate. This 3 6 paragraph shall not apply in a district where the number of 3 7 candidates on the ballot for the office of regional library 3 8 board trustee is fewer than the number of vacancies to be 3 9 filled for that office. 3 10 Sec. 6. NEW SECTION. 277.4A WRITE-IN CANDIDATES. 3 11 Write-in votes cast in a school district board election 3 12 shall not be canvassed unless a notice of the write-in 3 13 candidacy was published in at least one newspaper published in 3 14 the district or, if there is none, in at least one newspaper 3 15 having general circulation within the district in which the 3 16 office is to be filled no later than seven days before the 3 17 election, and an affidavit of publication was filed with the 3 18 county commissioner of elections no later than four days 3 19 before the date of the election. The notice may be published, 3 20 and the affidavit filed, by a person other than the write-in 3 21 candidate. This section shall not apply in a district where 3 22 the number of candidates on the ballot for the office of 3 23 school district board member is fewer than the number of 3 24 vacancies to be filled for that office. 3 25 Sec. 7. Section 347.25, Code 1995, is amended by adding 3 26 the following new unnumbered paragraph after unnumbered 3 27 paragraph 1: 3 28 NEW UNNUMBERED PARAGRAPH. Write-in votes cast in an 3 29 election to fill the office of hospital trustee shall not be 3 30 canvassed unless a notice of the write-in candidacy was 3 31 published in each official county newspaper in the district in 3 32 which the office is to be filled no later than seven days 3 33 before the election, and an affidavit of publication was filed 3 34 with the county commissioner of elections no later than four 3 35 days before the date of the election. The notice may be 4 1 published, and the affidavit filed, by a person other than the 4 2 write-in candidate. This paragraph shall not apply in a 4 3 district where the number of candidates on the ballot for the 4 4 office of hospital trustee is fewer than the number of 4 5 vacancies to be filled for that office. 4 6 Sec. 8. Section 376.11, unnumbered paragraph 1, Code 1995, 4 7 is amended to read as follows: 4 8 Write-in votes are permitted to be cast in all elections 4 9 for city offices. A person who receives a sufficient number 4 10 of write-in votes to be elected to a city office shall be 4 11 declared the winner of the election. If a person who was 4 12 elected by write-in votes chooses not to serve in that office 4 13 the person shall submit a resignation in writing to the city 4 14 clerk not later than fiveo'clockp.m. on the day following 4 15 the canvass of the election. If a person who was elected by 4 16 write-in votes resigns at a later time, the office shall be 4 17 considered vacant at the end of the term and the council shall 4 18 fill the vacancy pursuant to the provisions of section 372.13, 4 19 subsection 2. However, write-in votes cast in an election to 4 20 fill a city office, including a special charter city office, 4 21 shall not be canvassed unless a notice of the write-in 4 22 candidacy was published in each official city newspaper in the 4 23 city in which the office is to be filled no later than seven 4 24 days before the election, and an affidavit of publication was 4 25 filed with the county commissioner of elections no later than 4 26 four days before the date of the election. The notice may be 4 27 published, and the affidavit filed, by a person other than the 4 28 write-in candidate. This publication and filing requirement 4 29 shall not apply in a district where the number of candidates 4 30 on the ballot for a city office is fewer than the number of 4 31 vacancies to be filled for that office. 4 32 Sec. 9. Section 420.137, Code 1995, is amended by adding 4 33 the following new unnumbered paragraph: 4 34 NEW UNNUMBERED PARAGRAPH. Write-in votes cast in an 4 35 election to fill a city office shall not be canvassed unless a 5 1 notice of the write-in candidacy was published in each 5 2 official city newspaper in the city in which the office is to 5 3 be filled no later than seven days before the election, and an 5 4 affidavit of publication was filed with the county 5 5 commissioner of elections no later than four days before the 5 6 date of the election. The notice may be published, and the 5 7 affidavit filed, by a person other than the write-in 5 8 candidate. This paragraph shall not apply in a district where 5 9 the number of candidates on the ballot for a city office is 5 10 fewer than the number of vacancies to be filled for that 5 11 office. 5 12 EXPLANATION 5 13 This bill requires that write-in votes cast to fill a 5 14 nonpartisan office or a city office, including a special 5 15 charter city, are not to be canvassed unless a notice of the 5 16 write-in candidacy was published in each official county 5 17 newspaper in the district in which the office is to be filled 5 18 no later than seven days before the election, and an affidavit 5 19 of publication was filed with the county commissioner of 5 20 elections no more than four days before the election. The 5 21 notice may be published, and the affidavit filed, by a person 5 22 other than the write-in candidate. The publication and filing 5 23 requirements do not apply in districts where the number of 5 24 candidates on the ballot for a nonpartisan or city office is 5 25 fewer than the number of vacancies to be filled. 5 26 The nonpartisan offices affected by this requirement are 5 27 regional library boards of trustees, public hospital boards of 5 28 trustees, soil and water conservation district commissioners, 5 29 county agricultural extension councils, community mental 5 30 health center boards of trustees, all city offices, and school 5 31 district boards of directors. 5 32 LSB 2411HH 76 5 33 sc/cf/24
Text: HF00322 Text: HF00324 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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