House File 569 H-1344 Amend House File 569 as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 43.24, subsection 1, paragraph 3 b, Code 2011, is amended by adding the following new 4 subparagraph: 5 NEW SUBPARAGRAPH . (2A) Objections to nominations 6 to fill vacancies in the office of representative in 7 Congress at a special election held under section 69.14 8 shall be filed with the state commissioner not less 9 than sixty days prior to the date set for the special 10 election. 11 Sec. ___. Section 43.24, subsection 1, paragraph 12 b, subparagraph (3), Code 2011, is amended to read as 13 follows: 14 (3) Objections to nominations to fill vacancies in 15 the general assembly at a special election held under 16 section 69.14 , under which the forty-day notice of 17 election provision applies, shall be filed with the 18 state commissioner not less than fifteen days prior 19 to the date set for the special election. If the 20 forty-day notice provision does not apply, objections 21 to nominations to fill vacancies at a special election 22 held under section 69.14 may be filed any time prior to 23 the date set for the special election. 24 Sec. ___. Section 43.24, subsection 2, paragraph b, 25 Code 2011, is amended to read as follows: 26 b. If an objection is filed to a nomination to fill 27 a vacancy in the general assembly at a special election 28 held under section 69.14 , under which the forty-day 29 notice of election provision of section 69.14 does 30 not apply, notice of the objection shall be made to 31 the candidate by the state commissioner as soon as 32 practicable. Under this paragraph, failure to notify a 33 candidate of an objection to the candidate’s nomination 34 prior to the date set for the special election does not 35 invalidate the hearing conducted under subsection 3 . 36 The hearing to an objection shall proceed as quickly as 37 possible to expedite the special election. 38 Sec. ___. Section 43.88, Code 2011, is amended to 39 read as follows: 40 43.88 Certification of nominations. 41 1. Nominations made by state, district, and county 42 conventions, shall, under the name, place of residence, 43 and post office address of the nominee, and the office 44 to which nominated, and the name of the political party 45 making the nomination, be forthwith certified to the 46 proper officer by the chairperson and secretary of 47 the convention, or by the committee, as the case may 48 be, and if such certificate is received in time, the 49 names of such nominees shall be printed on the official 50 -1- HF569.1593 (1) 84 sc/nh 1/ 4 #1.
ballot the same as if the nomination had been made in 1 the primary election. 2 2. Nominations made to fill vacancies in the office 3 of representative in Congress at a special election 4 shall be certified to the state commissioner not less 5 than sixty-two days prior to the date set for the 6 special election. Nominations made to fill vacancies 7 in other offices to which this chapter applies at a 8 special election shall be certified to the proper 9 official not less than twenty-five days prior to the 10 date set for the special election. In the event the 11 special election is to fill a vacancy in the general 12 assembly while it is in session or within forty-five 13 days of the convening of any session, the nomination 14 shall be certified not less than fourteen days before 15 the date of the special election. 16 3. Nominations certified to the proper official 17 under this section shall be accompanied by an affidavit 18 executed by the nominee in substantially the form 19 required by section 43.67 . 20 Sec. ___. Section 44.4, subsection 1, Code 2011, is 21 amended to read as follows: 22 1. Nominations made pursuant to this chapter and 23 chapter 45 which are required to be filed in the office 24 of the state commissioner shall be filed in that office 25 not more than ninety-nine days nor later than 5:00 p.m. 26 on the eighty-first day before the date of the general 27 election to be held in November. Nominations made for 28 a special election called pursuant to section 69.14 to 29 fill vacancies in the general assembly shall be filed 30 by 5:00 p.m. not less than twenty-five days before 31 the date of an election called upon at least forty 32 days’ notice and not less than fourteen days before 33 the date of an election called upon at least eighteen 34 days’ notice. Nominations made to fill vacancies in 35 the office of representative in Congress at a special 36 election shall be certified to the state commissioner 37 not less that sixty-two days prior to the date set 38 for the special election. Nominations made for a 39 special election called pursuant to section 69.14A 40 shall be filed by 5:00 p.m. not less than twenty-five 41 days before the date of the election. Nominations 42 made pursuant to this chapter and chapter 45 which are 43 required to be filed in the office of the commissioner 44 shall be filed in that office not more than ninety-two 45 days nor later than 5:00 p.m. on the sixty-ninth day 46 before the date of the general election. Nominations 47 made pursuant to this chapter or chapter 45 for city 48 office shall be filed not more than seventy-two days 49 nor later than 5:00 p.m. on the forty-seventh day 50 -2- HF569.1593 (1) 84 sc/nh 2/ 4
before the city election with the city clerk, who shall 1 process them as provided by law. 2 Sec. ___. Section 44.4, subsection 2, paragraph 3 a, Code 2011, is amended by adding the following new 4 subparagraphs: 5 NEW SUBPARAGRAPH . (2A) Objections to nominations 6 to fill vacancies in the office of representative in 7 Congress at a special election held under section 69.14 8 shall be filed with the state commissioner not less 9 than sixty days prior to the date set for the special 10 election. 11 NEW SUBPARAGRAPH . (2B) Objections to nominations 12 to fill vacancies in the general assembly at a special 13 election held under section 69.14, under which the 14 forty-day notice of election provision applies, shall 15 be filed with the state commissioner not less than 16 fifteen days prior to the date set for the special 17 election. If the forty-day notice provision does not 18 apply, objections to nominations to fill vacancies at 19 a special election held under section 69.14 may be 20 filed any time prior to the date set for the special 21 election. 22 Sec. ___. Section 69.14, Code 2011, is amended to 23 read as follows: 24 69.14 Special election to fill vacancies. 25 A special election to fill a vacancy shall be 26 held for a representative in Congress, or senator or 27 representative in the general assembly, when the body 28 in which such vacancy exists is in session, or will 29 convene prior to the next general election , and the . 30 The governor shall order, not later than five days from 31 the date the vacancy exists, a special election, giving 32 not less than seventy-six days’ notice of such election 33 to fill a vacancy in the office of representative in 34 Congress or forty days’ notice of such election to fill 35 a vacancy in the office of senator or representative 36 in the general assembly . In the event the special 37 election is to fill a vacancy in the general assembly 38 while it is in session or within forty-five days of 39 the convening of any session, the time limit provided 40 in this section shall not apply and the governor shall 41 order such special election at the earliest practical 42 time, giving at least eighteen days’ notice of the 43 special election. Any special election called under 44 this section must be held on a Tuesday and shall not be 45 held on the same day as a school election within the 46 district. > 47 2. Title page, line 1, after < vacancies > by 48 inserting < in the office of representative in Congress 49 and > 50 -3- HF569.1593 (1) 84 sc/nh 3/ 4
3. By renumbering as necessary. 1 ______________________________ J. SMITH of Dickinson -4- HF569.1593 (1) 84 sc/nh 4/ 4 #3.