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PAG LIN 1 1 Section 1. Section 43.26, unnumbered paragraphs 10 and 11, 1 2 Code 1995, are amended to read as follows: 1 3FOR TOWNSHIP CLERK1 4(Vote for no more than one.)1 5___ CANDIDATE'S NAME1 6___ CANDIDATE'S NAME1 7___ ................1 8FOR TOWNSHIP TRUSTEES1 9(Vote for no more than two.)1 10___ CANDIDATE'S NAME1 11___ CANDIDATE'S NAME1 12___ CANDIDATE'S NAME1 13___ ................1 14___ ................1 15 Sec. 2. Section 43.67, unnumbered paragraph 1, Code 1995, 1 16 is amended to read as follows: 1 17 Each candidate nominated pursuant to section 43.66 is 1 18 entitled to have the candidate's name printed on the official 1 19 ballot to be voted at the general election without other 1 20 certificate unless the candidate was nominated by write-in 1 21 votes. Immediately after the completion of the canvass held 1 22 under section 43.49, the county auditor shall notify each 1 23 person who was nominated by write-in votes for a countyor1 24townshipoffice that the person is required to file an 1 25 affidavit of candidacy if the person wishes to be a candidate 1 26 for that office at the general election. Immediately after 1 27 the completion of the canvass held under section 43.63, the 1 28 secretary of state shall notify each person who was nominated 1 29 by write-in votes for a state or federal office that the 1 30 person is required to file an affidavit of candidacy if the 1 31 person wishes to be a candidate for that office at the general 1 32 election. If the affidavit is not filed by five p.m. on the 1 33 seventh day after the completion of the canvass, that person's 1 34 name shall not be placed upon the official general election 1 35 ballot. The affidavit shall be signed by the candidate, 2 1 notarized, and filed with the county auditor or the secretary 2 2 of state, whichever is applicable. 2 3 Sec. 3. Section 49.41, unnumbered paragraph 5, Code 1995, 2 4 is amended to read as follows: 2 5 When the state commissioner receives notice from the county 2 6 commissioner that a candidate for a state or federal office 2 7 has also been nominated for a countyor townshipoffice, the 2 8 state commissioner shall amend the certificate issued pursuant 2 9 to section 43.73 and notify the commissioners of any other 2 10 counties to whom the candidate's name was originally certified 2 11 and instruct them to remove the candidate's name from the 2 12 ballot in those counties. 2 13 Sec. 4. Section 50.7, Code 1995, is amended to read as 2 14 follows: 2 15 50.7 ERROR ON COUNTY OFFICE&endash; TOWNSHIPOR OTHER LOCAL 2 16 OFFICE. 2 17 If, in case of such excess, the vote of the precinct where 2 18 the error occurred would change the result as to a county 2 19 office if the person appearing to be elected were deprived of 2 20 so many votes, then the election shall be set aside as to that 2 21 person in that precinct, and a new election orderedthereinin 2 22 that precinct; but no person who was not a registered voter in 2 23 that precinct at the time of the general election shall be 2 24 allowed to vote atsuchthe special election. If the error 2 25 occurs in relation to an office of a city, school district, 2 26township,or of any special district whose elections may be 2 27 conducted under this chapter, the governing body of the 2 28 political subdivision involved may order a new election or 2 29 not, intheirits discretion. 2 30 Sec. 5. Section 56.6, subsection 3, paragraph b, 2 31 subparagraph (1), Code 1995, is amended to read as follows: 2 32 (1) For any candidate for schoolor townshipoffice .. $ 25 2 33 Sec. 6. Section 69.8, subsection 5, Code 1995, is amended 2 34 by striking the subsection and inserting in lieu there of the 2 35 following: 3 1 5. When a vacancy occurs in the office of township clerk 3 2 or township trustee, the vacancy shall be filled by appoint- 3 3 ment by the board of supervisors of the county in which the 3 4 township is located. 3 5 Sec. 7. Section 331.238, subsection 2, paragraph h, Code 3 6 1995, is amended to read as follows: 3 7 h. In lieu of theelection orappointment of township 3 8 trustees, a method providing for the exercise of their powers 3 9 and duties by the board of supervisors or other governing body 3 10 of the county or another office. 3 11 Sec. 8. Section 359.11, Code 1995, is amended by striking 3 12 the section and inserting in lieu thereof the following: 3 13 359.11 OFFICERS TO BE APPOINTED. 3 14 The township trustees and the township clerk shall be 3 15 appointed by the board of supervisors of the county in which 3 16 the township is located. The township trustees shall be 3 17 appointed for overlapping terms of four years. The township 3 18 clerk shall be appointed to a term of four years. If a 3 19 vacancy occurs, a successor shall be appointed to serve the 3 20 remainder of the unexpired term. 3 21 Sec. 9. TRANSITION. Township trustees and township clerks 3 22 who are serving unexpired terms of office immediately before 3 23 the effective date of this Act may continue to serve their un- 3 24 expired terms. Successors shall be appointed by the board of 3 25 supervisors of the county in which the township is located as 3 26 provided in this Act. Incumbent township trustees and clerks 3 27 are eligible for appointment or reappointment to the office of 3 28 trustee or clerk. 3 29 Sec. 10. Sections 39.22, 43.21, 359.10, 359.12, and 3 30 359.13, Code 1995, are repealed. 3 31 EXPLANATION 3 32 This bill provides for the appointment of township trustees 3 33 and township clerks by the board of supervisors of the county 3 34 in which the township is located. Currently, the township 3 35 electorate, by referendum, may authorize the board of 4 1 supervisors to appoint the trustees and clerk. However, if 4 2 the appointing power is not granted, the trustees and clerk 4 3 are elected for four-year terms. If the bill is enacted, 4 4 incumbent trustees and clerks may continue to serve their 4 5 unexpired terms. 4 6 LSB 1739SS 76 4 7 tj/jw/5
Text: SF00219 Text: SF00221 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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