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Senate File 332

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 43.52, Code 2003, is amended to read as
  1  2 follows:
  1  3    43.52  NOMINEES FOR COUNTY OFFICE.
  1  4    The nominee of each political party for any office to be
  1  5 filled by the voters of the entire county, or for the office
  1  6 of county supervisor elected from a district within the
  1  7 county, shall be the person receiving the highest number of
  1  8 votes cast in the primary election by the voters of that party
  1  9 for the office, and that person shall appear as the party's
  1 10 candidate for the office on the general election ballot.
  1 11    If no candidate receives thirty-five percent or more of the
  1 12 votes cast by voters of the candidate's party for the office
  1 13 sought, the primary is inconclusive and the nomination shall
  1 14 be made as provided by section 43.78, subsection 1, paragraphs
  1 15 "d" and "e".
  1 16    When two or more nominees are required, as in the case of
  1 17 at-large elections, the nominees shall likewise be the
  1 18 required number of persons who receive the greatest number of
  1 19 votes cast in the primary election by the voters of the
  1 20 nominating party, but no candidate is nominated who fails to
  1 21 receive thirty-five percent of the number of votes found by
  1 22 dividing the number of votes cast by voters of the candidate's
  1 23 party for the office in question by the number of persons to
  1 24 be elected to that office. If the primary is inconclusive
  1 25 under this paragraph, the necessary number of nominations
  1 26 shall be made as provided by section 43.78, subsection 1,
  1 27 paragraphs "d" and "e".
  1 28    Sec. 2.  Section 43.53, Code 2003, is amended to read as
  1 29 follows:
  1 30    43.53  NOMINEES FOR SUBDIVISION OFFICE – WRITE-IN
  1 31 CANDIDATES.
  1 32    The nominee of each political party for any office to be
  1 33 filled by the voters of any township or other political
  1 34 subdivision within the county shall be the person receiving
  1 35 the highest number of votes cast in the primary election by
  2  1 the voters of that party for the office.  That person shall
  2  2 appear as the party's candidate for the office on the general
  2  3 election ballot.  A person whose name is not printed on the
  2  4 official primary ballot shall not be declared nominated as a
  2  5 candidate for such office in the general election unless that
  2  6 person receives at least five votes.  Nomination of a
  2  7 candidate for the office of county supervisor elected from a
  2  8 district within the county shall be governed by section
  2  9 sections 43.52 and 43.66 and not by this section.
  2 10    Sec. 3.  Section 43.56, Code 2003, is amended by striking
  2 11 the section and inserting in lieu thereof the following:
  2 12    43.56  PRIMARY ELECTION RECOUNT PROVISIONS.
  2 13    Recounts of votes for primary elections shall be conducted
  2 14 following the procedure outlined in section 50.48.  The bond
  2 15 shall be in the amount specified in section 50.48, subsection
  2 16 2.
  2 17    Sec. 4.  Section 43.65, Code 2003, is amended to read as
  2 18 follows:
  2 19    43.65  WHO NOMINATED.
  2 20    The candidate of each political party for nomination for
  2 21 each office to be filled by the voters of the entire state,
  2 22 and for each seat in the United States house of
  2 23 representatives, the Iowa house of representatives and each
  2 24 seat in the Iowa senate which is to be filled, who receives
  2 25 the highest number of votes cast by the voters of that party
  2 26 for that nomination shall be the candidate of that party for
  2 27 that office in the general election.  However, if there are
  2 28 more than two candidates for any nomination and none of the
  2 29 candidates receives thirty-five percent or more of the votes
  2 30 cast by voters of that party for that nomination, the primary
  2 31 is inconclusive and the nomination shall be made as provided
  2 32 by section 43.78, subsection 1, paragraph "a", "b" or "c",
  2 33 whichever is appropriate.
  2 34    Sec. 5.  Section 43.66, Code 2003, is amended to read as
  2 35 follows:
  3  1    43.66  WRITE-IN CANDIDATES.
  3  2    The fact that the candidate who receives the highest number
  3  3 of votes cast for any party's nomination for an office to
  3  4 which section 43.52 or 43.65 is applicable is a person whose
  3  5 name was not printed on the official primary election ballot
  3  6 shall not affect the validity of the person's nomination as a
  3  7 candidate for that office in the general election.  However,
  3  8 if there is no candidate on the official primary ballot of a
  3  9 political party for nomination to a particular office, a
  3 10 write-in candidate may obtain the party's nomination to that
  3 11 office in the primary if the candidate receives a number of
  3 12 votes equal to at least thirty-five percent of the total vote
  3 13 cast for all of that party's candidates for that office in the
  3 14 last preceding primary election for which the party had
  3 15 candidates on the ballot for that office.  If there have been
  3 16 no candidates from a political party for a seat in the general
  3 17 assembly since the most recent redistricting of the general
  3 18 assembly, a write-in candidate shall be considered nominated
  3 19 who receives a number of votes equal to at least thirty-five
  3 20 percent of the total votes cast, at the last preceding primary
  3 21 election in the precincts which currently constitute the
  3 22 general assembly district, for all of that party's candidates
  3 23 for representative in the Congress of the United States or who
  3 24 receives at least one hundred votes, whichever number is
  3 25 greater.  When two or more nominees are required, the division
  3 26 procedure prescribed in section 43.52 shall be applied to
  3 27 establish the minimum number of write-in votes necessary for
  3 28 nomination.  If the primary is inconclusive, the necessary
  3 29 nominations shall be made in accordance with section 43.78,
  3 30 subsection 1.
  3 31    Sec. 6.  Section 43.77, subsection 2, Code 2003, is amended
  3 32 by striking the subsection.  
  3 33                           EXPLANATION 
  3 34    This bill removes the requirement that candidates in a
  3 35 primary election must receive at least 35 percent of the votes
  4  1 cast to be nominated as their party's candidate on the general
  4  2 election ballot.  The bill also removes the 35 percent
  4  3 requirement in cases of a person nominated by write-in votes
  4  4 to an office for which there is no candidate on the official
  4  5 primary ballot of a political party.  The current requirement
  4  6 that at least 100 write-in votes be cast for a person for
  4  7 nomination to a seat in the general assembly if there is no
  4  8 candidate on the official primary ballot of a political party
  4  9 for that office is extended to county offices, offices to be
  4 10 filled by the voters of the entire state, and for each seat in
  4 11 the U.S. house of representatives.  
  4 12 LSB 2769SV 80
  4 13 sc/cl/14
     

Text: SF00331                           Text: SF00333
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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