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PAG LIN
1 1 Section 1. Section 49.58, Code 1997, is amended to read as
1 2 follows:
1 3 49.58 EFFECT OF DEATH OF CERTAIN CANDIDATES.
1 4 1. If any candidate nominated by a political party, as
1 5 defined in section 43.2, for the office of senator or
1 6 representative in the Congress of the United States, governor,
1 7 lieutenant governor, attorney general, or senator or
1 8 representative in the general assembly dies during the period
1 9 beginning on the eighty-eighth day and ending on the last day
1 10 before the general election, or if any candidate so nominated
1 11 for the office of county supervisor dies during the period
1 12 beginning on the seventy-third day and ending on the last day
1 13 before the general election, the vote cast at the general
1 14 election for that office shall not be canvassed as would
1 15 otherwise be required by chapter 50. Instead, a special
1 16 election shall be held on the first Tuesday after the second
1 17 Monday in December, for the purpose of electing a person to
1 18 fill that office.
1 19 2. Each candidate for that office whose name appeared on
1 20 the general election ballot shall also be a candidate for the
1 21 office in the special election, except that the deceased
1 22 candidate's political party may designate another candidate in
1 23 substantially the manner provided by section 43.78 for filling
1 24 vacancies on the general election ballot. However, a
1 25 political party which did not have a candidate on the general
1 26 election ballot for the office in question may similarly
1 27 designate a candidate for that office in the special election.
1 28 The name of any replacement or additional candidate so
1 29 designated shall be submitted in writing to the state
1 30 commissioner, or the commissioner in the case of a candidate
1 31 for county supervisor, not later than five o'clock p.m. on the
1 32 first Tuesday after the date of the general election. No
1 33 other candidate whose name did not appear on the general
1 34 election ballot as a candidate for the office in question
1 35 shall be placed on the ballot for the special election, in any
2 1 manner. The special election shall be held and canvassed in
2 2 the manner prescribed by law for the general election.
2 3 3. In lieu of the procedure in subsection 1, if a
2 4 candidate for county supervisor in a county with supervisor
2 5 representation plan "one" dies during the period beginning on
2 6 the seventy-third day and ending on the last day before the
2 7 general election, the party's county convention may choose to
2 8 forego nomination of a candidate for special election and
2 9 allow the office to be voted on at the general election with
2 10 the ballot remaining vacant for that political party for that
2 11 office. The county convention shall notify the secretary of
2 12 state in writing as soon as practicable before the date of the
2 13 election whether it wishes to proceed under subsection 1 or
2 14 this subsection.
2 15 EXPLANATION
2 16 This bill provides that if a political party candidate for
2 17 county supervisor in a county whose supervisors are elected at
2 18 large dies within 73 days of the election, the county
2 19 convention of the political party to which the candidate was
2 20 affiliated may choose to leave the spot on the ballot vacant
2 21 rather than nominating another candidate from that party and
2 22 holding a special election after the general election.
2 23 LSB 1669SV 77
2 24 sc/jw/5
Text: SF00426 Text: SF00428 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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