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PAG LIN 1 1 Section 1. NEW SECTION. 43A.1 PARTISAN NOMINATIONS. 1 2 Nominations of political party candidates shall be made in 1 3 the manner provided in this chapter. 1 4 Sec. 2. NEW SECTION. 43A.2 POLITICAL PARTY PRECINCT 1 5 CAUCUSES. 1 6 Delegates to county conventions of political parties and 1 7 party committee members shall be elected at precinct caucuses 1 8 held not later than the fourth Monday in February of each 1 9 even-numbered year. The date shall be at least eight days 1 10 earlier than the scheduled date for any meeting, caucus or 1 11 primary which constitutes the first determining stage of the 1 12 presidential nominating process in any other state, territory 1 13 or any other group which has the authority to select delegates 1 14 in the presidential nomination. The state central committees 1 15 of the political parties shall set the date for their 1 16 caucuses. The county chairperson of each political party 1 17 shall issue the call for the caucuses. The county chairperson 1 18 shall file with the commissioner the meeting place of each 1 19 precinct caucus at least seven days prior to the date of 1 20 holding the caucus. 1 21 There shall be selected among those present at a precinct 1 22 caucus a chairperson and a secretary who shall within seven 1 23 days certify to the county central committee the names of 1 24 those elected as party committee members and delegates to the 1 25 county convention. 1 26 When the rules of a political party require the selection 1 27 and reporting of delegates selected as part of the 1 28 presidential nominating process, or the rules of a political 1 29 party require the tabulation and reporting of the number of 1 30 persons attending the caucus favoring each presidential 1 31 candidate, it is the duty of a person designated as provided 1 32 by the rules of that political party to report the results of 1 33 the precinct caucus as directed by the state central committee 1 34 of that political party. When the person designated to report 1 35 the results of the precinct caucus reports the results, 2 1 representatives of each candidate, if they so choose, may 2 2 accompany the person as the results are being reported to 2 3 assure that an accurate report of the proceedings is reported. 2 4 If ballots are used at the precinct caucus, representatives of 2 5 each candidate or other persons attending the precinct caucus 2 6 may observe the tabulation of the results of the balloting. 2 7 Within fourteen days after the date of the caucus the 2 8 county central committee shall certify to the county 2 9 commissioner the names of those elected as party committee 2 10 members and delegates to the county convention. 2 11 The central committee of each political party shall notify 2 12 the delegates and committee members so elected and certified 2 13 of their election and of the time and place of holding the 2 14 county convention. Such conventions shall be held either 2 15 preceding or following the primary election but no later than 2 16 ten days following the primary election and shall be held on 2 17 the same day throughout the state. 2 18 Sec. 3. NEW SECTION. 43A.3 NOMINATION OF U.S. SENATORS, 2 19 STATE AND COUNTY OFFICERS. 2 20 Candidates for the office of senator in the Congress of the 2 21 United States, the offices listed in section 39.9, county 2 22 supervisor, and the offices listed in section 39.17 shall be 2 23 nominated in the year preceding the expiration of the term of 2 24 office of the incumbent. 2 25 1. When a vacancy occurs in the office of senator in the 2 26 Congress of the United States, secretary of state, auditor of 2 27 state, treasurer of state, secretary of agriculture, or 2 28 attorney general and section 69.13 requires that the vacancy 2 29 be filled for the balance of the unexpired term at a general 2 30 election, candidates for the office shall be nominated in the 2 31 preceding primary election if the vacancy occurs eighty-nine 2 32 or more days before the date of that primary election. If the 2 33 vacancy occurs less than one hundred four days before the date 2 34 of that primary election, the state commissioner shall accept 2 35 nomination papers for that office only until five p.m. on the 3 1 seventy-fourth day before the primary election, the provisions 3 2 of section 43A.7 notwithstanding. If the vacancy occurs later 3 3 than eighty-nine days before the date of that primary 3 4 election, but not less than eighty-nine days before the date 3 5 of the general election, the nominations shall be made in the 3 6 manner prescribed by this chapter for filling vacancies in 3 7 nominations for offices to be voted for at the general 3 8 election. 3 9 2. When a vacancy occurs in the office of county 3 10 supervisor or any of the offices listed in section 39.17 and 3 11 more than seventy days remain in the term of office following 3 12 the next general election, the office shall be filled for the 3 13 balance of the unexpired term at that general election unless 3 14 the vacancy has been filled by a special election called more 3 15 than seventy-three days before the primary election. If an 3 16 appointment to fill the vacancy in office is made eighty-eight 3 17 or more days before the primary election and a petition 3 18 requesting a special election has not been received within 3 19 fourteen days after the appointment is made, candidates for 3 20 the office shall be nominated at the primary election. 3 21 Sec. 4. NEW SECTION. 43A.4 STATE COMMISSIONER TO FURNISH 3 22 BLANKS. 3 23 The state commissioner shall, at state expense, furnish 3 24 blank nomination papers, in the form provided in this chapter, 3 25 to any eligible elector who desires to petition for the 3 26 nomination of any candidate, or to any person who intends to 3 27 be a candidate, for any office for which nomination papers are 3 28 required to be filed in the state commissioner's office. 3 29 Sec. 5. NEW SECTION. 43A.5 COMMISSIONER TO FURNISH 3 30 BLANKS. 3 31 The commissioner shall, at county expense, perform the duty 3 32 specified in section 43A.4, as to all offices for which 3 33 nomination papers are required to be filed in the 3 34 commissioner's office. 3 35 Sec. 6. NEW SECTION. 43A.6 BLANKS FURNISHED BY OTHERS. 4 1 Blank nomination papers which are in form substantially as 4 2 provided by this chapter may be used even though not furnished 4 3 by the state commissioner or commissioner. 4 4 Sec. 7. NEW SECTION. 43A.7 FILING OF NOMINATION PAPERS. 4 5 Nomination papers in behalf of a candidate shall be filed: 4 6 1. For an elective county office, in the office of the 4 7 county commissioner not earlier than ninety-two days nor later 4 8 than five p.m. on the sixty-ninth day before the day fixed for 4 9 holding the primary election. 4 10 2. For United States senator, for an elective state 4 11 office, for representative in Congress, and for member of the 4 12 general assembly, in the office of the state commissioner not 4 13 earlier than ninety-nine days nor later than five p.m. on the 4 14 eighty-first day before the day fixed for holding the primary 4 15 election. 4 16 Sec. 8. NEW SECTION. 43A.8 NOTING TIME OF FILING. 4 17 The officer receiving nomination papers for filing shall 4 18 endorse thereon the day, and time of day, of filing. 4 19 Sec. 9. NEW SECTION. 43A.9 FAILURE TO FILE NOMINATION 4 20 PAPERS. 4 21 The name of a candidate for any office named in section 4 22 43A.7 shall not be printed on the official primary ballot of 4 23 the candidate's party unless nomination papers are filed as 4 24 therein provided except as otherwise permitted by section 4 25 43A.23. 4 26 Sec. 10. NEW SECTION. 43A.10 FORM OF NOMINATION PAPERS. 4 27 All nomination papers shall be eight and one-half by eleven 4 28 inches in size and in substantially the following form: 4 29 I, the undersigned, an eligible elector of ...... county or 4 30 legislative district, and state of Iowa, hereby nominate 4 31 ...... of ...... county or legislative district, state of 4 32 Iowa, who has registered with the ...... party, as a candidate 4 33 for the office of ...... to be voted for at the primary 4 34 election to be held on ...... 4 35 No signatures shall be counted unless they are on sheets 5 1 each having such form written or printed at the top thereof. 5 2 Nomination papers on behalf of candidates for seats in the 5 3 general assembly need only designate the number of the 5 4 senatorial or representative district, as appropriate, and not 5 5 the county or counties, in which the candidate and the 5 6 petitioners reside. 5 7 Sec. 11. NEW SECTION. 43A.11 REQUIREMENTS IN SIGNING. 5 8 The following requirements shall be observed in the signing 5 9 and preparation of nomination blanks: 5 10 1. A signer may sign nomination papers for more than one 5 11 candidate for the same office, and the signature is not 5 12 invalid solely because the signer signed nomination papers for 5 13 one or more other candidates for the office. 5 14 2. Each signer shall add the signer's residence, with 5 15 street and number, if any, and the date of signing. 5 16 3. All signers, for all nominations, of each separate part 5 17 of a nomination paper, shall reside in the same county, 5 18 representative or senatorial district for members of the 5 19 general assembly. In counties where the supervisors are 5 20 elected from districts, signers of nomination petitions for 5 21 supervisor candidates shall reside in the supervisor district 5 22 the candidate seeks to represent. 5 23 4. When more than one sheet is used, the sheets shall be 5 24 neatly arranged and securely fastened together before filing, 5 25 and shall be considered one nomination paper. 5 26 5. Only one candidate shall be petitioned for or nominated 5 27 in the same nomination paper. 5 28 Sec. 12. NEW SECTION. 43A.12 RETURN OF PAPERS, ADDITIONS 5 29 NOT ALLOWED. 5 30 After a nomination paper has been filed, it shall not be 5 31 returned to the person who has filed the paper, nor shall any 5 32 signature or other information be added to the nomination 5 33 paper. 5 34 A person who has filed nomination petitions with the state 5 35 commissioner may withdraw as a candidate not later than the 6 1 seventy-sixth day before the primary election by notifying the 6 2 state commissioner in writing. 6 3 A person who has filed nomination papers with the 6 4 commissioner may withdraw as a candidate not later than the 6 5 sixty-seventh day before the primary election by notifying the 6 6 commissioner in writing. 6 7 The name of a candidate who has withdrawn or died at a time 6 8 in accordance with this section shall be omitted from the 6 9 certificate furnished by the state commissioner under section 6 10 43A.17 and omitted from the primary election ballot. 6 11 Sec. 13. NEW SECTION. 43A.13 AFFIDAVIT OF CANDIDACY. 6 12 Each candidate shall complete and file a signed, notarized 6 13 affidavit of candidacy. The affidavit shall be in the form 6 14 prescribed by the secretary of state and shall include the 6 15 following information: 6 16 1. The candidate's name in the form the candidate wants it 6 17 to appear on the ballot. 6 18 2. The candidate's home address. 6 19 3. The name of the county in which the candidate resides. 6 20 4. The political party with which the candidate is 6 21 registered to vote. 6 22 5. The office sought by the candidate, and the district 6 23 the candidate seeks to represent, if any. 6 24 6. A declaration that if the candidate is nominated and 6 25 elected the candidate will qualify by taking the oath of 6 26 office. 6 27 7. A statement that the candidate is aware that the 6 28 candidate is required to organize a candidate's committee 6 29 which shall file an organization statement and disclosure 6 30 reports if the committee or the candidate receives 6 31 contributions, makes expenditures, or incurs indebtedness in 6 32 excess of the reporting threshold in section 56.2, subsection 6 33 5. This subsection shall not apply to candidates for federal 6 34 office. 6 35 8. A statement that the candidate is aware of the 7 1 prohibition in section 43A.15 against being a candidate for 7 2 more than one office appearing on the primary election ballot. 7 3 9. A statement that the candidate is aware that the 7 4 candidate is disqualified from holding office if the candidate 7 5 has been convicted of a felony or other infamous crime and the 7 6 candidate's rights have not been restored by the governor or 7 7 by the president of the United States. 7 8 Sec. 14. NEW SECTION. 43A.14 MANNER OF FILING AFFIDAVIT. 7 9 The affidavit provided in section 43A.13 shall be filed 7 10 with the nomination papers when such papers are required; 7 11 otherwise alone. 7 12 Sec. 15. NEW SECTION. 43A.15 SIGNATURES REQUIRED – MORE 7 13 THAN ONE OFFICE PROHIBITED. 7 14 1. Nomination papers shall be signed by eligible electors 7 15 as follows: 7 16 a. If for governor, or United States senator, by at least 7 17 one percent of the voters of the candidate's party, in each of 7 18 at least ten counties of the state, and in the aggregate not 7 19 less than one-half of one percent of the total vote of the 7 20 candidate's party in the state, as shown by the last general 7 21 election. 7 22 b. If for any other state office, by at least fifty 7 23 signatures in each of at least ten counties of the state, and 7 24 in the aggregate not less than one thousand signatures. 7 25 c. If for a representative in Congress, in districts 7 26 composed of more than one county, by at least two percent of 7 27 the voters of the candidate's party, as shown by the last 7 28 general election, in each of at least one-half of the counties 7 29 of the district, and in the aggregate not less than one 7 30 percent of the total vote of the candidate's party in such 7 31 district, as shown by the last general election. If for a 7 32 representative in the general assembly, not less than fifty 7 33 voters of the representative district; and if for a senator in 7 34 the general assembly, not less than one hundred voters of the 7 35 senatorial district. 8 1 d. If for an office to be filled by the voters of the 8 2 county or for the office of county supervisor elected from a 8 3 district within the county, by at least two percent of the 8 4 party vote in the county or supervisor district, as shown by 8 5 the last general election, or by at least one hundred persons, 8 6 whichever is less. 8 7 2. In each of the above cases, the vote to be taken for 8 8 the purpose of computing the percentage shall be the vote cast 8 9 for president of the United States or for governor, as the 8 10 case may be. 8 11 3. A candidate for public office shall not cause 8 12 nomination papers to remain filed in the office of the state 8 13 commissioner or the commissioner on the last day for filing 8 14 nomination papers, for more than one office to be filled at 8 15 the primary election. 8 16 4. Any candidate for public office, to be voted for at a 8 17 primary election, who has filed nomination papers for more 8 18 than one office shall, not later than the final date for 8 19 filing, notify the state commissioner or the commissioner by 8 20 affidavit, for which office the person elects to be a 8 21 candidate, which in no case shall be more than one. In the 8 22 event no such election is made by such date by the candidate, 8 23 the state commissioner shall not certify the person's name to 8 24 be placed on the ballot for any office nor shall the 8 25 commissioner place the person's name on the ballot in any 8 26 county. 8 27 Sec. 16. NEW SECTION. 43A.16 TOWNSHIP OFFICE. 8 28 The name of a candidate for a township office shall be 8 29 printed on the official primary ballot of the candidate's 8 30 party if the candidate files the candidate's personal 8 31 affidavit, in the form prescribed by section 43A.13, with the 8 32 commissioner not earlier than ninety-two days nor later than 8 33 five p.m. of the sixty-ninth day before the primary election. 8 34 If before that time there is presented to the commissioner a 8 35 nomination paper signed by at least ten eligible electors of 9 1 the township requesting that the name of any person be placed 9 2 on the primary ballot as a candidate for a township office, 9 3 and the nomination paper is not accompanied by the candidate's 9 4 personal affidavit, the commissioner shall advise the 9 5 candidate that such an affidavit is required before the 9 6 candidate's name may be placed on the ballot. 9 7 Sec. 17. NEW SECTION. 43A.17 NOMINATIONS CERTIFIED. 9 8 The state commissioner shall, at least sixty-nine days 9 9 before a primary election, furnish to the commissioner of each 9 10 county a certificate under the state commissioner's hand and 9 11 seal, which certificate shall show: 9 12 1. The name and post-office address of each person for 9 13 whom a nomination paper has been filed in the state 9 14 commissioner's office, and for whom the voters of said county 9 15 have the right to vote at said election. 9 16 2. The office for which such person is a candidate. 9 17 3. The political party from which such person seeks a 9 18 nomination or whether the person is a petition candidate. 9 19 Sec. 18. NEW SECTION. 43A.18 DEATH OR WITHDRAWAL OF 9 20 PRIMARY CANDIDATE. 9 21 1. If a person who has filed political party nomination 9 22 papers with the state commissioner as a candidate in a primary 9 23 election dies or withdraws up to the seventy-sixth day before 9 24 the primary election, the appropriate convention or central 9 25 committee of that person's political party may designate one 9 26 additional primary election candidate for the nomination that 9 27 person was seeking, if the designation is submitted to the 9 28 state commissioner in writing by five p.m. on the seventy- 9 29 first day before the date of the primary election. The name 9 30 of any candidate so submitted shall be included in the 9 31 appropriate certificate or certificates furnished by the state 9 32 commissioner under section 43A.17. 9 33 2. If a person who has filed political party nomination 9 34 papers with the commissioner as a candidate in a primary 9 35 election dies or withdraws up to the sixty-seventh day before 10 1 the primary election, the appropriate convention or central 10 2 committee of that person's political party may designate one 10 3 additional primary election candidate for the nomination that 10 4 person was seeking, if the designation is submitted to the 10 5 commissioner in writing by five p.m. on the sixty-third day 10 6 before the primary election. The name of any candidate so 10 7 submitted shall be placed on the appropriate ballot or ballots 10 8 by the commissioner. 10 9 Sec. 19. NEW SECTION. 43A.19 OBJECTIONS TO NOMINATION 10 10 PETITIONS OR CERTIFICATES OF NOMINATION. 10 11 1. WRITTEN OBJECTIONS REQUIRED. Nomination petitions or 10 12 certificates of nomination filed under this chapter which are 10 13 apparently in conformity with the law are valid unless 10 14 objection is made in writing. 10 15 Objections to the legal sufficiency of a nomination 10 16 petition or certificate of nomination filed or issued under 10 17 this chapter or to the eligibility of a candidate may be filed 10 18 in writing by any person who would have the right to vote for 10 19 the candidate for the office in question. 10 20 Objections shall be filed with the officer with whom the 10 21 nomination petition or certificate of nomination was filed, 10 22 and within the following time: 10 23 a. Those filed with the state commissioner, not less than 10 24 seventy-four days before the date of the election. 10 25 b. Those filed with the commissioner, not less than sixty- 10 26 four days before the date of the election. 10 27 c. Objections to nominations to fill vacancies at a 10 28 special election held under section 69.14, under which the 10 29 forty-day notice of election provision applies, shall be filed 10 30 with the state commissioner not less than fifteen days prior 10 31 to the date set for the special election. If the forty-day 10 32 notice provision does not apply, objections to nominations to 10 33 fill vacancies at a special election held under section 69.14 10 34 may be filed any time prior to the date set for the special 10 35 election. 11 1 d. Those filed with the city clerk under this chapter, at 11 2 least thirty-six days before the municipal election. 11 3 2. NOTICE OF OBJECTIONS. 11 4 a. When objections have been filed, notice shall be mailed 11 5 within seventy-two hours by certified mail to the candidate 11 6 affected, addressed to the candidate's place of residence as 11 7 stated in the candidate's affidavit of candidacy or in the 11 8 certificate of nomination, stating that objections have been 11 9 made, the nature of the objections, and the time and place the 11 10 objections will be considered. 11 11 b. If an objection is filed to a nomination to fill a 11 12 vacancy at a special election held under section 69.14, under 11 13 which the forty-day notice of election provision of section 11 14 69.14 does not apply, notice of the objection shall be made to 11 15 the candidate by the state commissioner as soon as 11 16 practicable. Under this paragraph, failure to notify a 11 17 candidate of an objection to the candidate's nomination prior 11 18 to the date set for the special election does not invalidate 11 19 the hearing conducted under subsection 3. The hearing to an 11 20 objection shall proceed as quickly as possible to expedite the 11 21 special election. 11 22 3. HEARING. Objections filed with the state commissioner 11 23 shall be considered by the secretary of state, auditor of 11 24 state, and attorney general. However, if the objection is to 11 25 the nomination petition, certificate of nomination, or 11 26 eligibility of one or more of those officers, those officers 11 27 shall be replaced, respectively, by the treasurer of state, 11 28 secretary of agriculture, and lieutenant governor for the 11 29 hearing. 11 30 Objections filed with the commissioner shall be considered 11 31 by three elected county officers whose eligibility is not in 11 32 question. The chairperson of the board of supervisors shall 11 33 appoint the three elected officers unless the chairperson is 11 34 ineligible, in which case, the appointments shall be made by 11 35 the county auditor. In either case, a majority vote shall 12 1 decide the issue. 12 2 Objections filed with the city clerk shall be considered by 12 3 the mayor and clerk and one member of the council chosen by 12 4 the council by ballot, and a majority decision shall be final; 12 5 but if the objection is to the certificate of nomination of 12 6 either of those city officials, that official shall not pass 12 7 upon said objection, but that official's place shall be filled 12 8 by a member of the council against whom no objection exists, 12 9 chosen as above. 12 10 Sec. 20. NEW SECTION. 43A.20 WITHDRAWAL OF NOMINATED 12 11 CANDIDATES. 12 12 1. A candidate nominated in a primary election for any 12 13 office for which nomination papers are required to be filed 12 14 with the state commissioner may withdraw as a nominee for that 12 15 office on or before, but not later than, the eighty-ninth day 12 16 before the date of the general election by so notifying the 12 17 state commissioner in writing. 12 18 2. A candidate nominated in a primary election for any 12 19 office for which nomination papers are required to be filed 12 20 with the commissioner may withdraw as a nominee for that 12 21 office on or before, but not later than, the seventy-fourth 12 22 day before the date of the general election by so notifying 12 23 the commissioner in writing. 12 24 Sec. 21. NEW SECTION. 43A.21 WHAT CONSTITUTES A BALLOT 12 25 VACANCY. 12 26 A vacancy on the general election ballot exists when any 12 27 political party lacks a candidate for an office to be filled 12 28 at the general election because: 12 29 1. No person filed under section 43A.7 as a candidate for 12 30 the party's nomination for that office in the primary 12 31 election, or all persons who filed under section 43A.7 as 12 32 candidates for the party's nomination for that office in the 12 33 primary election subsequently withdrew as candidates, were 12 34 found to lack the requisite qualifications for the office or 12 35 died before the date of the primary election, and no candidate 13 1 received a sufficient number of write-in votes to be 13 2 nominated. 13 3 2. The primary election was inconclusive as to that office 13 4 because no candidate for the party's nomination for that 13 5 office received the number of votes required by section 43.52, 13 6 43.53, or 43.65, whichever is applicable. 13 7 3. The person nominated in the primary election as the 13 8 party's candidate for that office subsequently withdrew as 13 9 permitted by section 43A.20 was found to lack the requisite 13 10 qualifications for the office, or died, at a time not later 13 11 than the eighty-ninth day before the date of the general 13 12 election in the case of an office for which nomination papers 13 13 must be filed with the state commissioner and not later than 13 14 the seventy-fourth day before the date of the general election 13 15 in the case of an office for which nomination papers must be 13 16 filed with the county commissioner. 13 17 4. A vacancy has occurred in the office of senator in the 13 18 Congress of the United States, lieutenant governor, secretary 13 19 of state, auditor of state, treasurer of state, secretary of 13 20 agriculture, or attorney general, under the circumstances 13 21 described in section 69.13, less than eighty-nine days before 13 22 the primary election and not less than eighty-nine days before 13 23 the general election. 13 24 5. A vacancy has occurred in the office of county 13 25 supervisor or in any of the offices listed in section 39.17 13 26 and the term of office has more than seventy days remaining 13 27 after the date of the next general election and one of the 13 28 following circumstances applies: 13 29 a. The vacancy occurred during the period beginning 13 30 seventy-three days before the primary election and ending on 13 31 the date of the primary election and no special election was 13 32 called to fill the vacancy. 13 33 b. The vacancy occurred after the date of the primary 13 34 election and more than seventy-three days before the general 13 35 election. 14 1 Sec. 22. NEW SECTION. 43A.22 FILLING BALLOT VACANCIES. 14 2 1. A vacancy on the general election ballot may be filled 14 3 by the political party in whose ticket the vacancy exists, as 14 4 follows: 14 5 a. For senator in the Congress of the United States or any 14 6 office listed in section 39.9, by the party's state 14 7 convention, which may be reconvened by the state party 14 8 chairperson if the vacancy occurs after the convention has 14 9 been held or too late to be filled at the time it is held. 14 10 However, a vacancy so occurring with respect to the offices of 14 11 secretary of state, auditor of state, treasurer of state or 14 12 secretary of agriculture may be filled by the party's state 14 13 central committee in lieu of reconvening the state convention. 14 14 b. For representative in the Congress of the United 14 15 States, by the party's congressional district convention, 14 16 which may be convened or reconvened as appropriate by the 14 17 state party chairperson. 14 18 c. For senator or representative in the general assembly, 14 19 by the party precinct committee members whose precincts lie 14 20 within the senatorial or representative district involved, who 14 21 shall be convened or reconvened as appropriate by the state 14 22 party chairperson. The party's state constitution or bylaws 14 23 may allow the voting strength of each precinct represented at 14 24 such a convention to be made proportionate to the vote cast 14 25 for the party's candidate for the office in question in the 14 26 respective precincts at the last general election for that 14 27 office. 14 28 d. For any office to be filled by the voters of an entire 14 29 county, by the party's county convention, which may be 14 30 reconvened by the county party chairperson if the vacancy 14 31 occurs after the convention has been held or too late to be 14 32 filled at the time it is held. 14 33 e. For the office of county supervisor elected by the 14 34 voters of a district within the county, by the delegates to 14 35 the party's county convention who represent the precincts 15 1 lying within that district, who shall be convened or 15 2 reconvened as appropriate by the county party chairperson. 15 3 f. For any other partisan office filled by the voters of a 15 4 subdivision of a county, by those members of the party's 15 5 county central committee who represent the precincts lying 15 6 within that district, who shall be convened or reconvened as 15 7 appropriate by the county party chairperson. However, this 15 8 paragraph shall not apply to partisan city offices in special 15 9 charter cities for which candidates are nominated under this 15 10 chapter, but such ballot vacancies shall be filled as provided 15 11 by section 43A.48. 15 12 2. The name of any candidate designated to fill a vacancy 15 13 on the general election ballot in accordance with subsection 15 14 1, paragraph "a", "b", or "c", shall be submitted in writing 15 15 to the state commissioner not later than five p.m. on the 15 16 eighty-first day before the date of the general election. 15 17 3. The name of any candidate designated to fill a vacancy 15 18 on the general election ballot in accordance with subsection 15 19 1, paragraph "d", "e", or "f", shall be submitted in writing 15 20 to the commissioner not later than five p.m. on the sixty- 15 21 ninth day before the date of the general election. 15 22 4. Political party candidates for a vacant seat in the 15 23 United States house of representatives, the board of 15 24 supervisors, the elected county offices, or the general 15 25 assembly which is to be filled at a special election called 15 26 pursuant to section 69.14 or 69.14A shall be nominated in the 15 27 manner provided by subsection 1 of this section for filling a 15 28 vacancy on the general election ballot for the same office. 15 29 The name of a candidate so nominated shall be submitted in 15 30 writing to the appropriate commissioner, as required by 15 31 section 43A.27, at the earliest practicable time. 15 32 Sec. 23. NEW SECTION. 43A.23 DEATH OF CANDIDATE AFTER 15 33 TIME FOR WITHDRAWAL. 15 34 The death of a candidate nominated as provided by law for 15 35 any office to be filled at a general election, during the 16 1 period beginning on the eighty-eighth day before the general 16 2 election, in the case of any candidate whose nomination papers 16 3 were filed with the state commissioner, or beginning on the 16 4 seventy-third day before the general election, in the case of 16 5 any candidate whose nomination papers were filed with the 16 6 commissioner, and ending on the last day before the general 16 7 election shall not operate to remove the deceased candidate's 16 8 name from the general election ballot. If the deceased 16 9 candidate was seeking the office of senator or representative 16 10 in the Congress of the United States, governor, attorney 16 11 general, senator or representative in the general assembly or 16 12 county supervisor, section 49.58 shall control. If the 16 13 deceased candidate was seeking any other office, and as a 16 14 result of the candidate's death a vacancy is subsequently 16 15 found to exist, the vacancy shall be filled as provided by 16 16 chapter 69. 16 17 Sec. 24. NEW SECTION. 43A.24 VACANCIES IN NOMINATIONS OF 16 18 PRESIDENTIAL ELECTORS. 16 19 Vacancies in nominations of presidential electors shall be 16 20 filled by the party central committee for the state. The 16 21 party central committee may at any time nominate alternate 16 22 presidential electors to serve if the nominated or elected 16 23 presidential electors are for any reason unable to perform 16 24 their duties. 16 25 Sec. 25. NEW SECTION. 43A.25 VACANCIES IN OFFICE OF U.S. 16 26 REPRESENTATIVE. 16 27 A candidate to be voted on at a special election occasioned 16 28 by a vacancy in the office of United States representative, 16 29 shall be nominated by a convention duly called by the district 16 30 central committee not less than twenty-five days prior to the 16 31 date set for the special election. 16 32 Sec. 26. NEW SECTION. 43A.26 COUNTY CONVENTION 16 33 RECONVENED. 16 34 When a nomination is directed to be made by a district 16 35 convention composed of more than one county, and the county 17 1 convention in any county of the district has adjourned without 17 2 selecting delegates to such convention, the county convention 17 3 shall be reconvened for the purpose of making such selection. 17 4 Sec. 27. NEW SECTION. 43A.27 CERTIFICATION OF 17 5 NOMINATIONS. 17 6 Nominations made by state, district, and county 17 7 conventions, shall, under the name, place of residence, and 17 8 post-office address of the nominee, and the office to which 17 9 nominated, and the name of the political party making the 17 10 nomination, be forthwith certified to the proper officer by 17 11 the chairperson and secretary of the convention, or by the 17 12 committee, as the case may be, and if such certificate is 17 13 received in time, the names of such nominees shall be printed 17 14 on the official ballot the same as if the nomination had been 17 15 made in the primary election. 17 16 Nominations made to fill vacancies at a special election 17 17 shall be certified to the proper official not less than 17 18 twenty-five days prior to the date set for the special 17 19 election. In the event the special election is to fill a 17 20 vacancy in the general assembly while it is in session or 17 21 within forty-five days of the convening of any session, the 17 22 nomination shall be certified not less than fourteen days 17 23 before the date of the special election. 17 24 Nominations certified to the proper official under this 17 25 section shall be accompanied by an affidavit executed by the 17 26 nominee in substantially the form required by section 43.67. 17 27 Sec. 28. NEW SECTION. 43A.28 DELEGATES. 17 28 The county convention shall be composed of delegates 17 29 elected at the last preceding precinct caucus. Delegates 17 30 shall be persons who are or will by the date of the next 17 31 general election become eligible electors and who are 17 32 residents of the precinct. The number of delegates from each 17 33 voting precinct shall be determined by a ratio adopted by the 17 34 respective party county central committees, and a statement 17 35 designating the number from each voting precinct in the county 18 1 shall be filed by such committee not later than the time the 18 2 list of precinct caucus meeting places required by section 18 3 43A.2 is filed in the office of the commissioner. If the 18 4 required statement is not filed, the commissioner shall fix 18 5 the number of delegates from each voting precinct. 18 6 Sec. 29. NEW SECTION. 43A.29 VOTER AT CAUCUS MUST BE 18 7 PRECINCT RESIDENT. 18 8 Any person voting at a precinct caucus must be a person who 18 9 is or will by the date of the next general election become an 18 10 eligible elector and who is a resident of the precinct. A 18 11 list of the names and addresses of each person to whom a 18 12 ballot was delivered or who was allowed to vote in each 18 13 precinct caucus shall be prepared by the caucus chairperson 18 14 and secretary who shall certify such list to the commissioner 18 15 at the same time as the names of those elected as delegates 18 16 and party committee members are so certified. 18 17 Sec. 30. NEW SECTION. 43A.30 DATE OF CAUCUS PUBLISHED. 18 18 The date, time, and place of each precinct caucus of a 18 19 political party shall be published at least twice in at least 18 20 one newspaper of general circulation in the precinct. The 18 21 first publication shall be made not more than fifteen days nor 18 22 less than seven days before the date of the caucus and the 18 23 second shall be made not more than seven days before and not 18 24 later than the date of the caucus. Such publication shall 18 25 also state in substance that each voter affiliated with the 18 26 specified political party may attend the precinct caucus. 18 27 Publication in a news item or advertisement in such newspaper 18 28 shall constitute publication for the purposes of this section. 18 29 The cost of such publication, if any, shall be paid by the 18 30 political party. 18 31 Sec. 31. NEW SECTION. 43A.31 PLACE OF HOLDING CAUCUS. 18 32 Each precinct caucus shall be held in a building which is 18 33 publicly owned or is suitable for and from time to time made 18 34 available for holding public meetings wherever it is possible 18 35 to do so. Upon the application of the county chairperson, the 19 1 person having control of a building supported by taxation 19 2 under the laws of this state shall make available the space 19 3 necessary to conduct the caucus without charge during 19 4 presidential election years and at a charge not greater than 19 5 that made for its use by other groups during other years. 19 6 When using public buildings, the county chairpersons shall 19 7 cooperate to attempt the collocation of the caucuses. 19 8 Sec. 32. NEW SECTION. 43A.32 TERM OF OFFICE OF 19 9 DELEGATES. 19 10 The term of office of delegates to the county convention 19 11 shall begin on the day following their election at the 19 12 precinct caucus, and shall continue for two years and until 19 13 their successors are elected. 19 14 Sec. 33. NEW SECTION. 43A.33 CALLING CONVENTION TO 19 15 ORDER. 19 16 When the delegates, or a majority thereof, or when 19 17 delegates representing a majority of the precincts, thus 19 18 elected, shall have assembled in the county convention, the 19 19 convention shall be called to order by the chairperson of the 19 20 county central committee, who shall present the certified list 19 21 of delegates and members of the county central committee. If 19 22 the convention is being held after the primary election, the 19 23 chairperson shall also present a list of the offices for which 19 24 no nomination was made at the primary election by reason of 19 25 the failure of any candidate for any such office to receive 19 26 the legally required number of votes cast by such party 19 27 therefor. 19 28 Sec. 34. NEW SECTION. 43A.34 PROXIES PROHIBITED. 19 29 If any precinct shall not be fully represented the 19 30 delegates present from such precinct shall cast the full vote 19 31 thereof, if the rules of the convention, party bylaws or 19 32 constitution so permit, and there shall be no proxies. 19 33 Sec. 35. NEW SECTION. 43A.35 DUTIES PERFORMABLE BY 19 34 COUNTY CONVENTION. 19 35 The said county convention shall: 20 1 1. Make nominations to fill vacancies on the general 20 2 election ballot as provided by law. 20 3 2. Transact such other business as required or permitted 20 4 by the political party's state constitution or bylaws, or the 20 5 rules of the convention. 20 6 3. Elect delegates to the next ensuing regular state 20 7 convention and to all district conventions of that year upon 20 8 such ratio of representation as may be determined by the party 20 9 organization for the state, district or districts of the 20 10 state, as the case may be. Delegates to district conventions 20 11 need not be selected in the absence of any apparent reason 20 12 therefor. Delegates shall be persons who are or will by the 20 13 date of the next general election become eligible electors and 20 14 who are residents of the county. 20 15 Sec. 36. NEW SECTION. 43A.36 PARTY COMMITTEE PERSONS. 20 16 Two members of the county central committee for each 20 17 political party shall, at the precinct caucuses, be elected 20 18 from each precinct. The term of office of a member shall 20 19 begin at the time specified by the party's state constitution 20 20 or bylaws and shall continue for two years and until a 20 21 successor is elected and qualified, unless sooner removed by 20 22 the county central committee for inattention to duty or 20 23 incompetency. The party's state constitution or bylaws may 20 24 permit the election of additional central committee members 20 25 from each precinct in a number proportionate to the vote cast 20 26 for the party's candidates for office in the respective 20 27 precincts at preceding general elections. 20 28 Sec. 37. NEW SECTION. 43A.37 CENTRAL COMMITTEE – 20 29 DUTIES. 20 30 The county central committee shall elect the officers of 20 31 the committee. Each member shall be given written notice at 20 32 least five days in advance of the time and place of any 20 33 meeting scheduled for the election of officers. 20 34 Every county central committee shall adopt a constitution 20 35 and bylaws which shall govern the committee's operation. A 21 1 copy of the constitution and bylaws so adopted shall be kept 21 2 on file at the office of the commissioner for the county in 21 3 which the central committee exists and at the office of the 21 4 state commissioner. Amendments to a county central 21 5 committee's constitution or bylaws shall upon adoption be 21 6 filed in the same manner as the original documents. 21 7 Vacancies in such committee may be filled by majority vote 21 8 of the committee, or at a precinct caucus called pursuant to 21 9 the party's state constitution or bylaws. 21 10 Sec. 38. NEW SECTION. 43A.38 COUNTY CENTRAL COMMITTEE 21 11 OFFICERS. 21 12 The county central committee shall elect a chair, cochair, 21 13 secretary, treasurer, and other officers as it may determine. 21 14 The term of office of an officer begins at the time specified 21 15 by the party's state constitution or bylaws and continues for 21 16 two years and until the officer's successor is elected and 21 17 qualified, unless the officer dies, resigns or is sooner 21 18 removed by the county central committee for inattention to 21 19 duty or incompetency. 21 20 Sec. 39. NEW SECTION. 43A.39 DISTRICT CONVENTIONS. 21 21 Each political party may hold a congressional district 21 22 convention upon the call of the state party chairperson to: 21 23 1. Elect or nominate members of the party's state central 21 24 committee. 21 25 2. Make nominations to fill vacancies on the general 21 26 election ballot as provided by law. 21 27 3. Transact such other business as required or permitted 21 28 by the party's state constitution or bylaws, or the rules of 21 29 the convention. 21 30 Sec. 40. NEW SECTION. 43A.40 DUTY OF COUNTY 21 31 COMMISSIONER. 21 32 The commissioner, in case the district delegates for the 21 33 commissioner's county have not been selected, shall deliver a 21 34 copy of said call to the chairperson of the convention which 21 35 selects said delegates. 22 1 Sec. 41. NEW SECTION. 43A.41 ORGANIZATION. 22 2 The organization of a district convention and the procedure 22 3 therein shall be substantially the same as in the state 22 4 convention. 22 5 Sec. 42. NEW SECTION. 43A.42 STATE CONVENTION. 22 6 Each political party shall hold a state convention either 22 7 preceding or following the primary election. The state 22 8 central committee of each political party shall designate the 22 9 time and place of the state convention, which shall transact 22 10 such business as is required or permitted by the party's state 22 11 constitution or bylaws or by the rules of the convention. 22 12 Sec. 43. NEW SECTION. 43A.43 ORGANIZATION – PROXIES 22 13 PROHIBITED. 22 14 The convention shall be called to order by the chairperson 22 15 of the state central committee, or that individual's designee 22 16 who shall thereupon present a list of delegates, as certified 22 17 by the various county conventions, and effect a temporary 22 18 organization. If any county shall not be fully represented, 22 19 the delegates present from such county shall cast the full 22 20 vote thereof if the rules of the convention, party bylaws or 22 21 constitution so allow, and there shall be no proxies. 22 22 Sec. 44. NEW SECTION. 43A.44 NOMINATIONS AUTHORIZED. 22 23 The state convention may make nominations to fill vacancies 22 24 on the general election ballot as provided by law. 22 25 Sec. 45. NEW SECTION. 43A.45 STATE PARTY PLATFORM, 22 26 CONSTITUTION, BYLAWS, AND CENTRAL COMMITTEE. 22 27 The state convention held by each political party pursuant 22 28 to section 43A.42 shall adopt a state platform, adopt or amend 22 29 a state party constitution, and bylaws if desired, and 22 30 transact other business which may properly be brought before 22 31 it. A copy of the constitution and any bylaws so adopted or 22 32 amended shall be kept on file in the office of the state 22 33 commissioner. 22 34 There shall be selected at or prior to each political 22 35 party's state convention a state party central committee 23 1 consisting of an equal number of members from each 23 2 congressional district, which number shall be determined by 23 3 the party constitution or bylaws, who shall be elected or 23 4 nominated by the district convention or caucus. 23 5 The state central committee so selected may organize at 23 6 pleasure for political work as is usual and customary with 23 7 such committees, adopt bylaws, provide for the governing of 23 8 party auxiliary bodies, and shall continue to act until 23 9 succeeded by another central committee selected as required by 23 10 this section. The receipts and disbursements of each 23 11 political party's state party central committee shall be 23 12 audited annually by a certified public accountant selected by 23 13 the state party central committee and the audit report shall 23 14 be filed with the state commissioner. 23 15 Sec. 46. NEW SECTION. 43A.46 NOMINATIONS IN CERTAIN 23 16 CITIES. 23 17 This chapter and chapter 43 shall, so far as applicable, 23 18 govern the nominations of candidates by political parties for 23 19 all offices to be filled by a direct vote of the people in 23 20 cities acting under a special charter in 1973 and having a 23 21 population of over fifty thousand, except all such cities as 23 22 choose by special election to conduct nonpartisan city 23 23 elections under the provisions of chapter 44 or 376. An 23 24 election on the question of conducting city elections in such 23 25 a special charter city on a nonpartisan basis may be called by 23 26 the city council on its own initiative, and shall be called by 23 27 the council upon receipt of a petition of the voters which so 23 28 requests and is presented in conformity with section 362.4, 23 29 but a special election on that question shall be held 23 30 concurrently with any election being held on the first Tuesday 23 31 after the first Monday in November of any odd-numbered year. 23 32 Sections 43.114, 43.117, 43.118, 43A.47, and 43A.48 shall 23 33 apply only to cities to which this chapter is made applicable 23 34 by this section. 23 35 Sec. 47. NEW SECTION. 43A.47 NOMINATION PAPERS – NUMBER 24 1 OF SIGNERS. 24 2 All candidates for nominations to be made in primary 24 3 elections held pursuant to section 43A.46 shall file 24 4 nomination papers with the city clerk no later than five p.m. 24 5 forty days before the date of the election as established by 24 6 section 43.114, except that candidates for precinct committee 24 7 member shall file affidavits of candidacy as required by 24 8 section 420.130. The number of eligible electors signing 24 9 petitions required for printing the name of a candidate upon 24 10 the official primary ballot shall be one hundred for an office 24 11 to be filled by the voters of the entire city and twenty-five 24 12 for an office to be filled by the voters of a subdivision of 24 13 the city. 24 14 A candidate for precinct committee member may also file as 24 15 a candidate for one additional office, any statute to the 24 16 contrary notwithstanding. 24 17 Objections to nomination petitions and certificates of 24 18 nominations shall be filed and decided as provided in section 24 19 43A.19. 24 20 Sec. 48. NEW SECTION. 43A.48 BALLOT VACANCIES IN SPECIAL 24 21 CHARTER CITY ELECTIONS. 24 22 1. A vacancy on the ballot for an election at which city 24 23 officers are to be chosen, and for which candidates have been 24 24 nominated under this chapter, exists when any political party 24 25 lacks a candidate for an office to be filled at that election 24 26 because: 24 27 a. No person filed at the time required by section 43A.47 24 28 as a candidate for the party's nomination for that office in 24 29 the city primary election held under section 43A.46, or all 24 30 persons who did so subsequently withdrew as candidates, were 24 31 found to lack the requisite requirements for the office or 24 32 died before the date of the city primary election, and no 24 33 candidate received a number of write-in votes sufficient for 24 34 nomination under section 43.53; or 24 35 b. The person nominated in the city primary election as 25 1 the party's candidate for that office withdrew by giving 25 2 written notice to that effect to the city clerk not later than 25 3 five p.m. on the day of the canvass of that city primary 25 4 election. 25 5 2. A ballot vacancy as defined by this section may be 25 6 filled by the city central committee of the party on whose 25 7 ticket the vacancy exists or, in the case of an officer 25 8 elected by the voters of a district within the city, by those 25 9 members of the committee who represent the precincts lying 25 10 within that district. The name of a candidate so designated 25 11 to fill such a ballot vacancy shall be submitted in writing to 25 12 the city clerk not later than five p.m. on the seventh day 25 13 following the city primary election. 25 14 3. If a special election is held to fill a vacancy in an 25 15 elective city office, nominations by political parties shall 25 16 be made following the provisions of subsection 2. 25 17 Sec. 49. NEW SECTION. 43A.49 NOMINATION OF LIEUTENANT 25 18 GOVERNOR. 25 19 Notwithstanding this chapter and any other statute relating 25 20 to the nomination of a person for the office of lieutenant 25 21 governor, the nomination of a person for the office of 25 22 lieutenant governor for the general election in the year 1990 25 23 and each four years thereafter shall be held at the state 25 24 convention of the political party. The nomination of a person 25 25 for the office of lieutenant governor by a nonparty political 25 26 organization shall be the procedure specified in chapter 44. 25 27 Sec. 50. Section 43.1, Code 2001, is amended to read as 25 28 follows: 25 29 43.1 PRIMARY ELECTION CONSTRUED. 25 30 The primary election required by this chapter shall be 25 31 construed to be an election by the members of various 25 32 political parties and by petition candidates for the purpose 25 33 of placing in nomination candidates for public office. 25 34 Sec. 51. Section 43.2, Code 2001, is amended by adding the 25 35 following new unnumbered paragraph after unnumbered paragraph 26 1 1: 26 2 NEW UNNUMBERED PARAGRAPH. "Petition candidates" are those 26 3 candidates for elective offices nominated under chapter 45. 26 4 Only voters whose registration does not declare a party 26 5 affiliation will be allowed ballot. 26 6 Sec. 52. Section 43.2, unnumbered paragraph 2, Code 2001, 26 7 is amended to read as follows: 26 8 A political organization which is not a "political party" 26 9 within the meaning of this section may nominate candidates and 26 10 have the names of such candidates placed upon the official 26 11 ballot by proceeding underchapterschapter 44and 45. 26 12 Sec. 53. Section 43.3, Code 2001, is amended to read as 26 13 follows: 26 14 43.3 OFFICES AFFECTED BY PRIMARY. 26 15CandidatesPetition candidates and candidates of all 26 16 political parties for all offices which are filled at a 26 17 regular biennial election by direct vote of the people shall 26 18 be nominated at a primary election at the time and in the 26 19 mannerhereinafterdirected in this chapter, and chapters 43A 26 20 and 45. 26 21 Sec. 54. Section 43.7, Code 2001, is amended to read as 26 22 follows: 26 23 43.7 TIME OF HOLDING. 26 24 The primary election by petition candidates and by all 26 25 political parties shall be held at the usual voting places of 26 26 the several precincts on the first Tuesday after the first 26 27 Monday in June in each even-numbered year. 26 28 Sec. 55. Section 43.26, Code 2001, is amended to read as 26 29 follows: 26 30 43.26 BALLOT – FORM. 26 31 The official primary election ballot shall be prepared, 26 32 arranged, and printed substantially in the following form: 26 33 PRIMARY ELECTION BALLOT 26 34 (Name of Party or leave blank if petition candidates ballot) 26 35 of 27 1 County of ........, State of Iowa, 27 2 ... Rotation (if any). 27 3 Primary election held on 27 4 the ... day of June, ... (year) 27 5 FOR UNITED STATES SENATOR 27 6 (Vote for no more than one.) 27 7 CANDIDATE'S NAME 27 8 CANDIDATE'S NAME 27 9 ........... 27 10 FOR UNITED STATES 27 11 REPRESENTATIVE 27 12 (Vote for no more than one.) 27 13 CANDIDATE'S NAME 27 14 CANDIDATE'S NAME 27 15 ........... 27 16 FOR GOVERNOR 27 17 (Vote for no more than one.) 27 18 CANDIDATE'S NAME 27 19 CANDIDATE'S NAME 27 20 ........... 27 21 (Followed by other elective state officers in the order in 27 22 which they appear in section 39.9 and district officers in the 27 23 order in which they appear in sections 39.15 and 39.16.) 27 24 FOR BOARD OF SUPERVISORS 27 25 (Vote for no more than two.) 27 26 CANDIDATE'S NAME 27 27 CANDIDATE'S NAME 27 28 ........... 27 29 ........... 27 30 FOR COUNTY AUDITOR 27 31 (Vote for no more than one.) 27 32 CANDIDATE'S NAME 27 33 CANDIDATE'S NAME 27 34 ........... 27 35 (Followed by other elective county officers in the order in 28 1 which they appear in section 39.17.) 28 2 FOR TOWNSHIP CLERK 28 3 (Vote for no more than one.) 28 4 CANDIDATE'S NAME 28 5 CANDIDATE'S NAME 28 6 ........... 28 7 FOR TOWNSHIP TRUSTEES 28 8 (Vote for no more than two.) 28 9 CANDIDATE'S NAME 28 10 CANDIDATE'S NAME 28 11 CANDIDATE'S NAME 28 12 ........... 28 13 ........... 28 14 Sec. 56. Section 43.27, Code 2001, is amended to read as 28 15 follows: 28 16 43.27 PRINTING OF BALLOTS. 28 17 The primary election ballotsof each political partyshall 28 18 be printed in black ink, on separate sheets of paper, uniform 28 19 in color, quality, texture, and size, with the name of the 28 20 political party or the heading "petition candidates" printed 28 21 at the head ofsaidthe ballots, which ballots shall be 28 22 prepared by the commissioner in the same manner as for the 28 23 general election, except asin this chapterprovided in this 28 24 chapter. 28 25 Sec. 57. Section 43.28, Code 2001, is amended to read as 28 26 follows: 28 27 43.28 NAMES OF CANDIDATES – ARRANGEMENT. 28 28 The names of all candidates for offices shall be arranged 28 29 and printed upon the primary election ballots under the 28 30 direction of the commissioner. If on a ballot there are more 28 31 candidates for nominationby a political partyto an office 28 32 than the number of persons to be elected to that office at the 28 33 general election, the names of the candidates of that party 28 34 for that nomination shall be rotated on the primary election 28 35 ballot by the commissioner in the manner prescribed by section 29 1 49.31. 29 2 Sec. 58. Section 43.30, unnumbered paragraph 1, Code 2001, 29 3 is amended to read as follows: 29 4 The commissioner shall take from the official printed 29 5 ballots of each precinct a suitable number of each of the 29 6 different primary election ballotsof each political party, 29 7 and shall write or stamp, in red ink, near the top of each 29 8 ballot, the words "sample ballot" and shall sign or stamp the 29 9 commissioner's official signature thereunder.SaidThe 29 10 ballots shall be delivered to the precinct election officials, 29 11 but shall not be voted, received, or counted.SaidThe 29 12 precinct election officials shall, before the opening of the 29 13 polls, causesaidthe sample ballots to be posted in and about 29 14 the polling places. 29 15 Sec. 59. Section 43.38, Code 2001, is amended to read as 29 16 follows: 29 17 43.38 VOTER CONFINED TO PARTY TICKET. 29 18 The elector shall be allowed to vote for candidates for 29 19 nomination on the ballot of the party with which the elector 29 20 is registered as affiliated,and shall receive no other ballot29 21 or on the petition candidates ballot if the voter's 29 22 registration does not declare a party affiliation. The voter 29 23 shall return the ballot, folded, to one of the precinct 29 24 election officials who shall deposit it in the ballot box. 29 25 Sec. 60. Section 43.41, Code 2001, is amended to read as 29 26 follows: 29 27 43.41 CHANGE OR DECLARATION OF PARTY AFFILIATION BEFORE 29 28 PRIMARY. 29 29 Any registered voter who desires to change or declare a 29 30 political party affiliation or to declare no party affiliation 29 31 may, before the close of registration for the primary 29 32 election, file a written declaration stating the change of 29 33partyaffiliation with the county commissioner of registration 29 34 who shall enter a notation of such change on the registration 29 35 records. 30 1 Sec. 61. Section 43.42, Code 2001, is amended to read as 30 2 follows: 30 3 43.42 CHANGE OR DECLARATION OF PARTY AFFILIATION AT POLLS. 30 4 Any registered voter may change or declare a party 30 5 affiliation or declare no party at the polls on election day 30 6 and shall be entitled to vote at any primary election. Each 30 7 voter doing so shall indicate the voter's change or 30 8 declaration ofpartyaffiliation on the voter's declaration of 30 9 eligibility affidavit. 30 10 Each change or declaration of a registered voter'sparty30 11 affiliation so received shall be reported by the precinct 30 12 election officials to the county commissioner of registration 30 13 who shall enter a notation of the change on the registration 30 14 records. 30 15 Sec. 62. Section 43.43, Code 2001, is amended to read as 30 16 follows: 30 17 43.43 VOTER'S DECLARATION OF ELIGIBILITY. 30 18 1. Each person voting a political party ballot at a 30 19 primary election shall sign a declaration of eligibility which 30 20 shall be in substantially the following form: 30 21 I do solemnly swear or affirm that I am a resident of the 30 22 ...... precinct, ...... ward or township, city of ......, 30 23 county of ......, Iowa. 30 24 I am a registered voter. I have not voted and will not 30 25 vote in any other precinct in this election. 30 26 I am affiliated with the ...... party. If my current 30 27 voter registration record indicates another party affiliation 30 28 or no party affiliation, I swear or affirm that I have in good 30 29 faith changed my previously declared party affiliation, or 30 30 declared my party affiliation, and now desire to be a member 30 31 of the party indicated above. 30 32 .................... 30 33 Signature of voter 30 34 .................... 30 35 Address 31 1 (..).................... 31 2 Telephone 31 3 Approved: 31 4 ........ .................... 31 5 Election board member Date 31 6 2. Each person voting a petition candidates ballot at a 31 7 primary election shall sign a declaration of eligibility which 31 8 shall be in substantially the following form: 31 9 I do solemnly swear or affirm that I am a resident of the 31 10 ...... precinct, ...... ward or township, city of ......, 31 11 county of ......, Iowa. 31 12 I am a registered voter. I have not voted and will not 31 13 vote in any other precinct in this election. 31 14 .................... 31 15 Signature of voter 31 16 .................... 31 17 Address 31 18 (..).................... 31 19 Telephone 31 20 Approved: 31 21 ........ .................... 31 22 Election board member Date 31 23 Sec. 63. Section 43.45, Code 2001, is amended to read as 31 24 follows: 31 25 43.45 CANVASS OF VOTES. 31 26 Upon the closing of the polls the precinct election 31 27 officials shall immediately publicly canvass the vote in the 31 28 following manner: 31 29 1. Place the ballots of the several political parties and 31 30 the ballots of petition candidates in separate piles. 31 31 2. Separately count the ballotsof each party, and make 31 32 the correct entries thereof on the tally sheets. 31 33 3. Certify to the number of votes cast upon the ticket of 31 34 each political party and on the ballots for petition 31 35 candidates for each candidate for each office. 32 1 4. Place the ballots cast on behalf of each of the parties 32 2 and on behalf of petition candidates in separate envelopes. 32 3 Seal each envelope and place the signature of all board 32 4 members of the precinct across the seal of the envelope so 32 5 that it cannot be opened without breaking the seal. 32 6 5. On the outside of each envelope enter the number of 32 7 ballots cast by each party and for petition candidates in the 32 8 precinct and contained in the envelope. 32 9 6. Seal the tally sheets and certificates of the precinct 32 10 election officials in an envelope on the outside of which are 32 11 written or printed the names of the several political parties 32 12 with the names of the candidates for the different offices 32 13 under their party name, or the names of petition candidates, 32 14 and opposite each candidate's name enter the number of votes 32 15 cast for such candidate in said precinct. 32 16 7. Enter on the envelope the total number of voters of 32 17 each party who cast ballots in the precinct and the total 32 18 number of voters who cast a ballot for petition candidates. 32 19 8. Communicate the results of the ballots cast for each 32 20 candidate for office upon the ticket of each political party 32 21 and for petition candidates, in the manner required by section 32 22 50.11, to the commissioner of the county in which said polls 32 23 are located, who shall remain on duty until the results are 32 24 communicated to the commissioner from each polling place in 32 25 the county. 32 26 Sec. 64. Section 43.49, Code 2001, is amended by adding 32 27 the following new subsection: 32 28 NEW SUBSECTION. 1A. The number of ballots cast in the 32 29 county in each precinct for petition candidates for each 32 30 office. 32 31 Sec. 65. Section 43.52, unnumbered paragraphs 2 and 3, 32 32 Code 2001, are amended to read as follows: 32 33 If no candidate receives thirty-five percent or more of the 32 34 votes cast by voters of the candidate's party for the office 32 35 sought, the primary is inconclusive and the nomination shall 33 1 be made as provided by section43.7843A.22, subsection 1, 33 2 paragraphs "d" and "e". 33 3 When two or more nominees are required, as in the case of 33 4 at-large elections, the nominees shall likewise be the 33 5 required number of persons who receive the greatest number of 33 6 votes cast in the primary election by the voters of the 33 7 nominating party, but no candidate is nominated who fails to 33 8 receive thirty-five percent of the number of votes found by 33 9 dividing the number of votes cast by voters of the candidate's 33 10 party for the office in question by the number of persons to 33 11 be elected to that office. If the primary is inconclusive 33 12 under this paragraph, the necessary number of nominations 33 13 shall be made as provided by section43.7843A.22, subsection 33 14 1, paragraphs "d" and "e". 33 15 Sec. 66. Section 43.52, Code 2001, is amended by adding 33 16 the following new unnumbered paragraph after unnumbered 33 17 paragraph 1: 33 18 NEW UNNUMBERED PARAGRAPH. The petition candidate receiving 33 19 the highest number of votes cast in the primary election for 33 20 that office shall appear as a candidate for that office on the 33 21 general election ballot. 33 22 Sec. 67. Section 43.53, Code 2001, is amended by adding 33 23 the following new unnumbered paragraph: 33 24 NEW UNNUMBERED PARAGRAPH. The petition candidate receiving 33 25 the highest number of votes cast in the primary election for 33 26 that office shall appear as a candidate for that office on the 33 27 general election ballot. 33 28 Sec. 68. Section 43.55, Code 2001, is amended to read as 33 29 follows: 33 30 43.55 NOMINEE CERTIFIED. 33 31 The board of supervisors shall separately prepare and 33 32 certify a list of the candidates of each party so nominated 33 33 and of the petition candidates so nominated. It shall deliver 33 34 to the chairperson of each party central committee for the 33 35 county a copy of the list of candidates nominated by that 34 1 party; and shall also certify and deliver to the chairperson a 34 2 list of the offices to be filled by the voters of the county 34 3 for which no candidate of that party was nominated, together 34 4 with the names of all of the candidates for each of these 34 5 offices who were voted for at the primary election and the 34 6 number of votes received by each of such candidates. 34 7 Sec. 69. Section 43.56, unnumbered paragraph 1, Code 2001, 34 8 is amended to read as follows: 34 9 Recounts of votes for primary elections shall be conducted 34 10 following the procedure outlined in section 50.48. However, 34 11 if a recount is requested for an office for which no political 34 12 party candidate has received the required thirty-five percent 34 13 to be nominated, the recount board shall consist of the 34 14 following persons: 34 15 Sec. 70. Section 43.59, Code 2001, is amended to read as 34 16 follows: 34 17 43.59 NUMBER OF VOTERS CERTIFIED. 34 18 The commissioner shall certify to the state commissioner 34 19 the total number of people who voted in the primary election 34 20 in each political party and for petition candidates. 34 21 Sec. 71. Section 43.65, Code 2001, is amended to read as 34 22 follows: 34 23 43.65 WHO NOMINATED. 34 24 The candidate of each political party for nomination for 34 25 each office to be filled by the voters of the entire state, 34 26 and for each seat in the United States house of 34 27 representatives, the Iowa house of representatives and each 34 28 seat in the Iowa senate which is to be filled, who receives 34 29 the highest number of votes cast by the voters of that party 34 30 for that nomination shall be the candidate of that party for 34 31 that office in the general election. However, if there are 34 32 more than two candidates for any nomination and none of the 34 33 candidates receives thirty-five percent or more of the votes 34 34 cast by voters of that party for that nomination, the primary 34 35 is inconclusive and the nomination shall be made as provided 35 1 by section43.7843A.22, subsection 1, paragraph "a", "b", or 35 2 "c", whichever is appropriate. 35 3 Sec. 72. Section 43.65, Code 2001, is amended by adding 35 4 the following new unnumbered paragraph: 35 5 NEW UNNUMBERED PARAGRAPH. The petition candidate receiving 35 6 the highest number of votes cast in the primary election for 35 7 that office shall appear as a candidate for that office on the 35 8 general election ballot. 35 9 Sec. 73. Section 43.67, subsection 4, Code 2001, is 35 10 amended to read as follows: 35 11 4. The political party by which the candidate was 35 12 nominated or if the candidate was nominated by voters casting 35 13 a petition candidates ballot. 35 14 Sec. 74. Section 43.68, Code 2001, is amended to read as 35 15 follows: 35 16 43.68 CERTIFIED LIST OF NOMINEES. 35 17 The state board of canvassers shall prepare and certify 35 18 separate lists of the candidates nominated by each party and 35 19 those nominated on the petition candidates ballot, as shown by 35 20 the state canvass, and deliver to the chairperson of each 35 21 party central committee for the state a copy of the list of 35 22 candidates nominated by the party which said chairperson 35 23 represents. 35 24 Sec. 75. Section 43.73, unnumbered paragraph 1, Code 2001, 35 25 is amended to read as follows: 35 26 Not less than sixty-nine days before the general election 35 27 the state commissioner shall certify to each commissioner, 35 28 under separate party headings or under a heading titled 35 29 "petition", the name of each person nominated as shown by the 35 30 official canvass made by the executive council, or as 35 31 certified to the state commissioner by the proper persons when 35 32 any person has been nominated by a convention or by a party 35 33 committee, or by petition, the office to which the person is 35 34 nominated, and the order in which federal and state offices, 35 35 judges, constitutional amendments, and state public measures 36 1 shall appear on the official ballot. 36 2 Sec. 76. NEW SECTION. 43.74 GENERAL ELECTION BALLOT 36 3 VACANCIES. 36 4 Vacancies of political party candidates on the general 36 5 election ballot shall be filled in the manner provided in 36 6 sections 43A.20 through 43A.23. 36 7 Sec. 77. Section 43.119, unnumbered paragraph 1, Code 36 8 2001, is amended to read as follows: 36 9 Any party committee member or any primary election officer 36 10 or public officer upon whom a duty is imposed by this chapter, 36 11 chapters 44 and 45, or by chapters herein made applicable, who 36 12 shall willfully neglect to perform any such duty, or who shall 36 13 willfully perform it in such a way as to hinder the objects 36 14 thereof, or shall disclose to anyone, except as may be ordered 36 15 by any court of justice, the manner in which a ballot may have 36 16 been voted, shall be guilty of a serious misdemeanor. 36 17 Sec. 78. Section 43.121, Code 2001, is amended to read as 36 18 follows: 36 19 43.121 NOMINATIONS BY PETITION OR NONPARTY ORGANIZATIONS. 36 20 This chapter shall not be construed to prohibit nomination 36 21 of candidates for office bypetition, or bynonparty 36 22 organizations, as provided inchapterschapter 44and 45, but 36 23 no person so nominated shall be permitted to use the name, or 36 24 any partthereofof the name, of any political party 36 25 authorized or entitled under this chapter to nominate a ticket 36 26 by primary vote, or that has nominated a ticket by primary 36 27 vote under this chapter. 36 28 Sec. 79. Section 43.123, Code 2001, is amended to read as 36 29 follows: 36 30 43.123 NOMINATION OF LIEUTENANT GOVERNOR. 36 31 Notwithstanding this chapter and any other statute relating 36 32 to the nomination of a person for the office of lieutenant 36 33 governor, the nomination of a person for the office of 36 34 lieutenant governor for the general election in the year 1990 36 35 and each four years thereafter shall be held at the state 37 1 convention of the political party. The nomination of a person 37 2 on the petition candidates primary election ballot shall be 37 3 the procedure specified in chapter 45. The nomination of a 37 4 person for the office of lieutenant governor by a nonparty 37 5 political organization shall be the procedure specified in 37 6 chapter 44. 37 7 Sec. 80. Section 44.4, unnumbered paragraph 1, Code 2001, 37 8 is amended to read as follows: 37 9 Nominations made pursuant to this chapterand chapter 4537 10 which are required to be filed in the office of the state 37 11 commissioner shall be filed in that office not more than 37 12 ninety-nine days nor later than five p.m. on the eighty-first 37 13 day before the date of the general election to be held in 37 14 November. Nominations made for a special election called 37 15 pursuant to section 69.14 shall be filed by five p.m. not less 37 16 than twenty-five days before the date of an election called 37 17 upon at least forty days' notice and not less than fourteen 37 18 days before the date of an election called upon at least 37 19 eighteen days' notice. Nominations made for a special 37 20 election called pursuant to section 69.14A shall be filed by 37 21 five p.m. not less than twenty days before the date of the 37 22 election. Nominations made pursuant to this chapter and 37 23chapter 45which are required to be filed in the office of the 37 24 commissioner shall be filed in that office not more than 37 25 ninety-two days nor later than five p.m. on the sixty-ninth 37 26 day before the date of the general election. Nominations made 37 27 pursuant to this chapteror chapter 45for city office shall 37 28 be filed not more than seventy-two days nor later than five 37 29 p.m. on the forty-seventh day before the city election with 37 30 the city clerk, who shall process them as provided by law. 37 31 Sec. 81. Section 45.1, subsection 1, Code 2001, is amended 37 32 to read as follows: 37 33 1. Nominations for candidates for president and vice 37 34 president, governor and lieutenant governor, and for other 37 35 statewide elected offices may be made by nomination petitions 38 1 signed by not less than one thousand five hundred eligible 38 2 electors residing in not less than ten counties of the state. 38 3 In the case of a presidential candidate, the names and 38 4 addresses of presidential electors shall be stated. 38 5 Sec. 82. Section 45.4, Code 2001, is amended to read as 38 6 follows: 38 7 45.4 FILING – PRESUMPTION – WITHDRAWALS – OBJECTIONS. 38 8 The time and place of filing nomination petitions, the 38 9 presumption of validity thereof, the right of a candidate so 38 10 nominated to withdraw and the effect of such withdrawal, and 38 11 the right to object to the legal sufficiency of such 38 12 petitions, or to the eligibility of the candidate, shall be 38 13 governed by the law relating to nominations bypolitical38 14organizations which are notpolitical parties. 38 15 Sec. 83. Sections 43.4, 43.6, 43.8 through 43.16, 43.18 38 16 through 43.24, 43.76 through 43.80, 43.83, 43.85, 43.88, 43.90 38 17 through 43.97, 43.99 through 43.104, 43.107 through 43.109, 38 18 43.111, 43.112, 43.115, 43.116, and 44.17, Code 2001, are 38 19 repealed. 38 20 Sec. 84. CONFORMING AMENDMENTS. Conforming amendments may 38 21 be necessary to implement this Act. The Code editor is 38 22 directed to assist in identifying any necessary amendments to 38 23 correct internal references to conform to this Act. 38 24 Sec. 85. APPLICABILITY. This Act applies to the primary 38 25 election held in June 2004, and all subsequent primary 38 26 elections. 38 27 EXPLANATION 38 28 This bill requires candidates nominated by petition to 38 29 participate in a primary election in order to be nominated for 38 30 an office to be filled at the general election. 38 31 The bill divides current Code chapter 43 into Code chapter 38 32 43, "primary elections" and new Code chapter 43A, "partisan 38 33 nominations". The bill then amends Code chapter 43 to include 38 34 a petition candidates primary election ballot. A voter 38 35 registered "no party" may vote a petition candidates ballot. 39 1 The bill conforms filing deadlines for petition candidates 39 2 to those of political party candidates. Provisions relating 39 3 to objections to, and withdrawals of, petitions are conformed 39 4 to those of political party candidates. 39 5 Petition requirements and requirements for affidavits of 39 6 candidacy remain the same as under current law, with one 39 7 exception. The bill requires that, for presidential 39 8 candidates, the nomination petition include the names and 39 9 addresses of presidential electors. 39 10 The bill repeals several sections of Code chapter 43 and 39 11 reenacts them as new Code chapter 43A, "partisan nominations". 39 12 The bill provides that conforming amendments may be 39 13 necessary to implement the bill and directs the Code editor to 39 14 assist in identifying any changes necessary to correct 39 15 internal references in the Code. 39 16 The bill applies to the primary election held in June 2004, 39 17 and all subsequent primary elections. 39 18 LSB 1022XS 79 39 19 sc/cf/24.1
Text: SF00191 Text: SF00193 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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