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PAG LIN 1 1 Section 1. Section 43.7, Code 1995, is amended to read as 1 2 follows: 1 3 43.7 TIME OF HOLDING. 1 4 The primary election by all political parties shall be held 1 5 at the usual voting places of the several precincts on the 1 6 first Tuesday after the first Monday inJuneSeptember in each 1 7 even-numbered year. 1 8 Sec. 2. Section 43.24, subsection 1, paragraphs a and b, 1 9 Code 1995, are amended to read as follows: 1 10 a. Those filed with the state commissioner, not less than 1 11seventy-fourfifty days before the date of the election. 1 12 b. Those filed with the commissioner, not less thansixty-1 13fourfifty days before the date of the election. 1 14 Sec. 3. Section 43.24, subsection 2, paragraph a, Code 1 15 1995, is amended to read as follows: 1 16 a. When objections have been filed, notice shall be mailed 1 17 withinseventy-twoforty-eight hours by certified mail to the 1 18 candidate affected, addressed to the candidate's place of 1 19 residence as stated in the candidate's affidavit of candidacy 1 20 or in the certificate of nomination, stating that objections 1 21 have been made, the nature of the objections, and the time and 1 22 place the objections will be considered. 1 23 Sec. 4. Section 43.49, unnumbered paragraph 1, Code 1995, 1 24 is amended to read as follows: 1 25 On the Mondayor Tuesdayfollowing the primary election, 1 26 the board of supervisors shall meet, open and canvass the 1 27 returns from each voting precinct in the county, and make 1 28 abstracts thereof, stating in words written at length: 1 29 Sec. 5. Section 43.63, Code 1995, is amended to read as 1 30 follows: 1 31 43.63 CANVASS BY STATE BOARD. 1 32 On the secondFridayMonday after the primary election, the 1 33executive council shall meet as a canvassing board, andstate 1 34 commissioner shall open and canvass the abstract returns 1 35 received from each county in the state. Theboard2 1 commissioner shall make an abstract ofitsthe canvass, 2 2 stating in words written at length, the number of ballots cast 2 3 by each political party, separately, for each office 2 4 designated in the abstracts forwarded to the state 2 5 commissioner, the names of all the persons voted for, and the 2 6 number of votes received by each person for each office, and 2 7 shall sign and certify thereto. 2 8 Sec. 6. Section 43.73, unnumbered paragraph 1, Code 1995, 2 9 is amended to read as follows: 2 10 Not less thansixty-nineforty-three days before the 2 11 general election the state commissioner shall certify to each 2 12 commissioner, under separate party headings, the name of each 2 13 person nominated as shown by the official canvass made by the 2 14 executive council, or as certified to the state commissioner 2 15 by the proper persons when any person has been nominated by a 2 16 convention or by a party committee, or by petition, the office 2 17 to which the person is nominated, and the order in which the 2 18 tickets of the several political parties shall appear on the 2 19 official ballot. 2 20 Sec. 7. Section 43.76, Code 1995, is amended to read as 2 21 follows: 2 22 43.76 WITHDRAWAL OF NOMINATED CANDIDATES. 2 23 1. A candidate nominated in a primary election for any 2 24 office for which nomination papers are required to be filed 2 25 with the state commissioner may withdraw as a nominee for that 2 26 office on or before, but not later than, theeighty-ninth2 27 forty-ninth day before the date of the general election by so 2 28 notifying the state commissioner in writing. 2 29 2. A candidate nominated in a primary election for any 2 30 office for which nomination papers are required to be filed 2 31 with the commissioner may withdraw as a nominee for that 2 32 office on or before, but not later than, theseventy-fourth2 33 forty-ninth day before the date of the general election by so 2 34 notifying the commissioner in writing. 2 35 Sec. 8. Section 43.78, subsections 2 and 3, Code 1995, are 3 1 amended to read as follows: 3 2 2. The name of any candidate designated to fill a vacancy 3 3 on the general election ballot in accordance with subsection 3 4 1, paragraph "a", "b", or "c" shall be submitted in writing to 3 5 the state commissioner not later than fiveo'clockp.m. on the 3 6eighty-firstforty-sixth day before the date of the general 3 7 election. 3 8 3. The name of any candidate designated to fill a vacancy 3 9 on the general election ballot in accordance with subsection 3 10 1, paragraph "d", "e", or "f" shall be submitted in writing to 3 11 the commissioner not later than fiveo'clockp.m. on the 3 12sixty-ninthforty-sixth day before the date of the general 3 13 election. 3 14 Sec. 9. Section 44.4, Code 1995, is amended to read as 3 15 follows: 3 16 44.4 NOMINATIONS AND OBJECTIONS &endash; TIME AND PLACE OF 3 17 FILING. 3 18 Nominations made pursuant to this chapter and chapter 45 3 19 which are required to be filed in the office of the state 3 20 commissioner shall be filed in that office not more than 3 21ninety-ninefifty-six days nor later than five p.m. on the 3 22eighty-firstfifty-third day before the date of the general 3 23 election to be held in November. Nominations made for a 3 24 special election called pursuant to section 69.14 shall be 3 25 filed by five p.m. not less than twenty days before the date 3 26 of an election called upon at least forty days' notice and not 3 27 less than seven days before the date of an election called 3 28 upon at least ten days' notice. Nominations made for a 3 29 special election called pursuant to section 69.14A shall be 3 30 filed by five p.m. not less than twenty days before the date 3 31 of the election. Nominations made pursuant to this chapter 3 32 and chapter 45 which are required to be filed in the office of 3 33 the commissioner shall be filed in that office not more than 3 34ninety-twofifty-six days nor later than five p.m. on the 3 35sixty-ninthfifty-third day before the date of the general 4 1 election. Nominations made pursuant to this chapter or 4 2 chapter 45 for city office shall be filed not more than 4 3 seventy-two days nor later than five p.m. on the forty-seventh 4 4 day before the city election with the city clerk, who shall 4 5 process them as provided by law. 4 6 Objections to the legal sufficiency of a certificate of 4 7 nomination or nomination petition or to the eligibility of a 4 8 candidate may be filed by any person who would have the right 4 9 to vote for a candidate for the office in question. The 4 10 objections must be filed with the officer with whom the 4 11 certificate or petition is filed and within the following 4 12 time: 4 13 1. Those filed with the state commissioner, not less than 4 14seventy-fourfifty days before the date of the election. 4 15 2. Those filed with the commissioner, not less thansixty-4 16fourfifty days before the date of the election. 4 17 3. Those filed with the city clerk, at least forty-two 4 18 days before the municipal election. 4 19 4. In the case of nominations to fill vacancies occurring 4 20 after the time when an original nomination for an office is 4 21 required to be filed, objections shall be filed within three 4 22 days after the filing of the certificate. 4 23 Objections shall be filed no later than five p.m. on the 4 24 final date for filing. 4 25 Sec. 10. Section 44.9, subsections 1 and 2, Code 1995, are 4 26 amended to read as follows: 4 27 1. In the office of the state commissioner, at least 4 28seventy-fourfifty days before the date of the election. 4 29 2. In the office of the proper commissioner, at least 4 30sixty-fourfifty days before the date of the election. 4 31 Sec. 11. Section 46.21, unnumbered paragraph 1, Code 1995, 4 32 is amended to read as follows: 4 33 At leastsixty-nineforty-three days before each judicial 4 34 election, the state commissioner of elections shall certify to 4 35 the county commissioner of elections of each county a list of 5 1 the judges of the supreme court, court of appeals, and 5 2 district court including district associate judges, and clerks 5 3 of the district court to be voted on in each county at that 5 4 election. The county commissioner of elections shall place 5 5 the names upon the ballot in the order in which they appear in 5 6 the certificate, unless only one county is voting thereon. 5 7 The state commissioner of elections shall rotate the names in 5 8 the certificate by county, or the county commissioner of 5 9 elections shall rotate them upon the ballot by precinct if 5 10 only one county is voting thereon. The names of all judges 5 11 and clerks to be voted on shall be placed upon one ballot, 5 12 which shall be in substantially the following form: 5 13 Sec. 12. Section 49.53, unnumbered paragraph 1, Code 1995, 5 14 is amended to read as follows: 5 15 The commissioner shall not less than four nor more than 5 16twentyfourteen days before the day of each election, except 5 17 those for which different publication requirements are 5 18 prescribed by law, publish notice of the election. The notice 5 19 shall contain a facsimile of the portion of the ballot 5 20 containing the first rotation as prescribed by section 49.31, 5 21 subsection 2, and shall show the names of all candidates or 5 22 nominees and the office each seeks, and all public questions, 5 23 to be voted upon at the election. The sample ballot published 5 24 as a part of the notice may at the discretion of the 5 25 commissioner be reduced in size relative to the actual ballot 5 26 but such reduction shall not cause upper case letters 5 27 appearing on the published sample ballot to be less than five 5 28 thirty-sixths of an inch high in candidates' names or in 5 29 summaries of public measures. The notice shall also state the 5 30 date of the election, the hours the polls will be open, the 5 31 location of each polling place at which voting is to occur in 5 32 the election, the location of the polling places designated as 5 33 early ballot pick-up sites, and the names of the precincts 5 34 voting at each polling place, but the statement need not set 5 35 forth any fact which is apparent from the portion of the 6 1 ballot appearing as a part of the same notice. The notice 6 2 shall include the full text of all public measures to be voted 6 3 upon at the election. 6 4 Sec. 13. Section 50.48, subsection 1, unnumbered paragraph 6 5 2, Code 1995, is amended to read as follows: 6 6 Immediately upon receipt of a request for a recount, the 6 7 commissioner shall send a copy of the request to the apparent 6 8 winner by certified mail. The commissioner shall also attempt 6 9 to contact the apparent winner by telephone. If the apparent 6 10 winner cannot be reached within four days, or within twenty- 6 11 four hours in the case of a primary election, the chairperson 6 12 of the political party or organization which nominated the 6 13 apparent winner shall be contacted and shall act on behalf of 6 14 the apparent winner, if necessary. For candidates for state 6 15 or federal offices, the chairperson of the state party shall 6 16 be contacted. For candidates for county offices, the county 6 17 chairperson of the party shall be contacted. 6 18 Sec. 14. Section 50.48, Code 1995, is amended by adding 6 19 the following new subsection: 6 20 NEW SUBSECTION. 8. If the election is a primary election, 6 21 the recount shall progress according to the times provided by 6 22 this subsection. If this subsection applies, the request for 6 23 a recount shall be made by the second day following the 6 24 canvass, the board shall convene to conduct the recount by the 6 25 fourth day following the canvass, and the report shall be 6 26 filed by the seventh day following the canvass. 6 27 Sec. 15. Section 53.11, unnumbered paragraph 1, Code 1995, 6 28 is amended to read as follows: 6 29 The commissioner shall deliver an absentee ballot to any 6 30 registered voter applying in person at the commissioner's 6 31 office, or at any location designated by the commissioner, not 6 32 more thanfortyfourteen days before the date of the general 6 33 electionor, not more than forty days before the date of the 6 34 primary election, and for all other elections, as soon as the 6 35 ballot is available. The registered voter shall immediately 7 1 mark the ballot, enclose and seal it in a ballot envelope, 7 2 subscribe to the affidavit on the reverse side of the 7 3 envelope, and return the absentee ballot to the commissioner. 7 4 The commissioner shall record the numbers appearing on the 7 5 application and ballot envelope along with the name of the 7 6 registered voter. 7 7 Sec. 16. Section 53.39, unnumbered paragraph 2, Code 1995, 7 8 is amended to read as follows: 7 9 All official ballots to be voted by qualified absent voters 7 10 in the armed forces of the United States at the primary 7 11 electionand the general electionshall be printed prior to 7 12 forty days before therespective electionselection and shall 7 13 be available for transmittal to such registered voters in the 7 14 armed forces of the United States at least forty days before 7 15 therespective electionselection. All official ballots to be 7 16 voted by qualified absent voters in the armed forces of the 7 17 United States at the general election shall be printed prior 7 18 to fourteen days before the election and shall be available 7 19 for transmittal to such registered voters at least fourteen 7 20 days before the general election. The provisions of this 7 21 chapter apply to absent voting by qualified voters in the 7 22 armed forces of the United States except as modified by the 7 23 provisions of this division. 7 24 EXPLANATION 7 25 This bill provides that the date of the primary election by 7 26 all political parties shall be held on the first Tuesday after 7 27 the first Monday in September rather than June in each even- 7 28 numbered year. The dates for other deadlines related to the 7 29 date of the primary election are accordingly changed. 7 30 Additional corresponding changes to the Code may be required. 7 31 LSB 2529SS 76 7 32 sc/cf/24
Text: SF00321 Text: SF00323 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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