House File 2366 S-5072 Amend House File 2366, as amended, passed, and 1 reprinted by the House, as follows: 2 1. Page 1, before line 1 by inserting: 3 < Section 1. Section 44.4, subsection 1, Code 2014, 4 is amended to read as follows: 5 1. Nominations made pursuant to this chapter and 6 chapter 45 which are required to be filed in the office 7 of the state commissioner shall be filed in that office 8 not more than ninety-nine days nor later than 5:00 p.m. 9 on the eighty-first day before the date of the general 10 election to be held in November. Nominations made for 11 a special election called pursuant to section 69.14 12 shall be filed by 5:00 p.m. not less than twenty-five 13 days before the date of an election called upon at 14 least forty days’ notice and not less than fourteen 15 days before the date of an election called upon at 16 least eighteen days’ notice. Nominations made for a 17 special election called pursuant to section 69.14A 18 shall be filed by 5:00 p.m. not less than twenty-five 19 days before the date of the election. Nominations 20 made pursuant to this chapter and chapter 45 which are 21 required to be filed in the office of the commissioner 22 shall be filed in that office not more than ninety-two 23 days nor later than 5:00 p.m. on the sixty-ninth day 24 before the date of the general election. Nominations 25 made pursuant to this chapter or chapter 45 for city 26 office shall be filed not more than seventy-two days 27 nor later than 5:00 p.m. on the forty-seventh day 28 before the city election with the city clerk county 29 commissioner of elections responsible under section 30 47.2 for conducting elections held for the city , who 31 shall process them as provided by law. 32 Sec. ___. Section 44.4, subsection 2, paragraph a, 33 subparagraphs (2) and (3), Code 2014, are amended to 34 read as follows: 35 (2) Those filed with the commissioner, not less 36 than sixty-four days before the date of the election , 37 except as provided in subparagraph (3) . 38 (3) Those filed with the city clerk commissioner 39 for an elective city office , at least forty-two 40 days before the regularly scheduled or special 41 city election. However, for those cities that may 42 be required to hold a primary election, at least 43 sixty-three days before the regularly scheduled or 44 special city election. 45 Sec. ___. Section 44.7, Code 2014, is amended to 46 read as follows: 47 44.7 Hearing before commissioner. 48 Objections Except as otherwise provided in section 49 44.8, objections filed with the commissioner shall be 50 -1- HF2366.3220 (2) 85 aw/sc 1/ 5 #1.

considered by the county auditor, county treasurer, 1 and county attorney, and a majority decision shall 2 be final ; but . However, if the objection is to the 3 certificate of nomination of one or more of the above 4 named county officers, the officer or officers objected 5 to shall not pass upon the objection, but their places 6 shall be filled, respectively, by the chairperson of 7 the board of supervisors, the sheriff, and the county 8 recorder. 9 Sec. ___. Section 44.8, Code 2014, is amended to 10 read as follows: 11 44.8 Hearing before mayor. 12 1. Objections filed with the city clerk pursuant to 13 section 362.4 or with the commissioner for an elective 14 city office shall be considered by the mayor and clerk 15 and one member of the council chosen by the council 16 by ballot, and a majority decision shall be final ; 17 but . However, if the objection is to the certificate 18 of nomination of either of those city officials, that 19 official shall not pass upon said the objection, but 20 the official’s place shall be filled by a member of the 21 council against whom no such objection exists, chosen 22 as above provided. 23 2. The hearing shall be held within twenty-four 24 hours of the receipt of the objection if a primary 25 election must be held for the office sought by the 26 candidate against whom the objection has been filed. 27 Sec. ___. Section 44.9, subsections 2 and 6, Code 28 2014, are amended to read as follows: 29 2. In the office of the proper commissioner, at 30 least sixty-four days before the date of the election , 31 except as otherwise provided in subsection 6 . 32 6. In the office of the proper city clerk 33 commissioner , at least forty-two days before the 34 regularly scheduled or special city election. However, 35 for those cities that may be required to hold a primary 36 election, at least sixty-three days before a regularly 37 scheduled or special city election. 38 Sec. ___. Section 44.11, Code 2014, is amended to 39 read as follows: 40 44.11 Vacancies filled. 41 If a candidate named under this chapter withdraws 42 before the deadline established in section 44.9 , 43 declines a nomination, or dies before election day, or 44 if a certificate of nomination is held insufficient or 45 inoperative by the officer with whom it is required 46 to be filed, or in case any objection made to a 47 certificate of nomination, or to the eligibility of any 48 candidate named in the certificate, is sustained by 49 the board appointed to determine such questions, the 50 -2- HF2366.3220 (2) 85 aw/sc 2/ 5

vacancy or vacancies may be filled by the convention, 1 or caucus, or in such manner as such convention 2 or caucus has previously provided. The vacancy or 3 vacancies shall be filled not less than seventy-four 4 days before the election in the case of nominations 5 required to be filed with the state commissioner, not 6 less than sixty-four days before the election in the 7 case of nominations required to be filed with the 8 commissioner, not less than thirty-five days before 9 the election in the case of nominations required to be 10 filed in the office of the school board secretary, and 11 not less than forty-two days before the election in the 12 case of nominations required to be filed with the city 13 clerk commissioner for city elections . > 14 2. Page 1, line 33, after < election. > by inserting 15 < If the council fails to make an appointment within 16 sixty days as required by this subsection, the city 17 clerk shall give notice of the vacancy to the county 18 commissioner and the county commissioner shall 19 call a special election to fill the vacancy at the 20 earliest practicable date but no fewer than thirty-two 21 days after the notice is received by the county 22 commissioner. > 23 3. Page 3, after line 7 by inserting: 24 < Sec. ___. Section 376.4, subsection 1, paragraph 25 a, Code 2014, is amended to read as follows: 26 a. An eligible elector of a city may become a 27 candidate for an elective city office by filing 28 with the city clerk county commissioner of elections 29 responsible under section 47.2 for conducting elections 30 held for the city a valid petition requesting that the 31 elector’s name be placed on the ballot for that office. 32 The petition must be filed not more than seventy-one 33 days and not less than forty-seven days before the 34 date of the election, and must be signed by eligible 35 electors equal in number to at least two percent of 36 those who voted to fill the same office at the last 37 regular city election, but not less than ten persons. 38 However, for those cities which may be required to hold 39 a primary election, the petition must be filed not more 40 than eighty-five days and not less than sixty-eight 41 days before the date of the regular city election. 42 Nomination petitions shall be filed not later than 5:00 43 p.m. on the last day for filing. 44 Sec. ___. Section 376.4, subsections 3, 4, and 5, 45 Code 2014, are amended to read as follows: 46 3. If the city clerk is not readily available 47 during normal office hours, the city clerk shall 48 designate other employees or officials of the city who 49 are ordinarily available to accept nomination papers 50 -3- HF2366.3220 (2) 85 aw/sc 3/ 5 #2. #3.

under this section . On the final date for filing 1 nomination papers the office of the city clerk county 2 commissioner shall remain open until 5:00 p.m. 3 4. The city clerk county commissioner shall 4 review each petition and affidavit of candidacy 5 for completeness following the standards in section 6 45.5 and shall accept the petition for filing if on 7 its face it appears to have the requisite number of 8 signatures and if it is timely filed. The city clerk 9 county commissioner shall note upon each petition and 10 affidavit accepted for filing the date and time that 11 they were filed. The clerk county commissioner shall 12 return any rejected nomination papers to the person on 13 whose behalf the nomination papers were filed. 14 5. Nomination papers filed with the city clerk 15 county commissioner shall be available for public 16 inspection. 17 5A. The city clerk shall deliver all nomination 18 papers together with the text of any public measure 19 being submitted by the city council to the electorate 20 to the county commissioner of elections on the 21 day following no later than the last day on which 22 nomination petitions can be filed, and not later than 23 5:00 p.m. on that day. 24 Sec. ___. Section 376.11, subsections 3, 4, and 5, 25 Code 2014, are amended to read as follows: 26 3. In city primary elections any person who 27 receives write-in votes shall execute an affidavit in 28 substantially the form required by section 45.3 , and 29 file it with the county commissioner of elections or 30 the city clerk not later than 5:00 p.m. on the day 31 after the canvass of the primary election. If any 32 person who received write-in votes fails to file the 33 affidavit at the time required, the county commissioner 34 shall disregard the write-in votes cast for that 35 person. A notation shall be made on the abstract of 36 votes showing which persons who received write-in 37 votes filed affidavits. The total number of votes 38 cast for each office on the ballot shall be amended 39 by subtracting the write-in votes of those candidates 40 who failed to file the affidavit. It is not necessary 41 for a candidate whose name was printed upon the ballot 42 to file an affidavit. Of the remaining candidates, 43 those who receive the highest number of votes to the 44 extent of twice the number of unfilled positions shall 45 be placed on the ballot for the regular city election 46 as candidates for that office. 47 4. In cities in which the city council has chosen a 48 runoff election in lieu of a primary, if a person who 49 was elected by write-in votes chooses not to accept the 50 -4- HF2366.3220 (2) 85 aw/sc 4/ 5

office by filing a resignation notice with the city 1 clerk or commissioner of elections not later than 5:00 2 p.m. on the day following the canvass, all remaining 3 persons who received write-in votes and who wish 4 to be considered candidates for the runoff election 5 shall execute an affidavit in substantially the form 6 required by section 45.3 and file it with the county 7 commissioner or the city clerk not later than 5:00 p.m. 8 of the fourth day following the canvass. If a person 9 receiving write-in votes fails to file the affidavit 10 at the time required, the county commissioner of 11 elections shall disregard the write-in votes cast for 12 that person. The abstract of votes shall be amended to 13 show that the person who was declared elected declined 14 the office and a notation shall be made next to the 15 names of those persons who did not file the affidavit. 16 A runoff election shall be held with the remaining 17 candidates who have the highest number of votes to the 18 extent of twice the number of unfilled positions. 19 5. In a city in which the council has chosen a 20 runoff election, if no person was declared elected for 21 an office, all persons who received write-in votes 22 shall execute an affidavit in substantially the form 23 required by section 45.3 and file it with the county 24 commissioner of elections or the city clerk not later 25 than 5:00 p.m. on the day following the canvass of 26 votes. If any person who received write-in votes fails 27 to file the affidavit, the county commissioner of 28 elections shall disregard the write-in votes cast for 29 that person. The abstract of votes shall be amended to 30 note which of the write-in candidates failed to file 31 the affidavit. A runoff election shall be held with 32 the remaining candidates who have the highest number 33 of votes to the extent of twice the number of unfilled 34 positions. > 35 4. By renumbering, redesignating, and correcting 36 internal references as necessary. 37 ______________________________ COMMITTEE ON STATE GOVERNMENT JEFF DANIELSON, CHAIRPERSON -5- HF2366.3220 (2) 85 aw/sc 5/ 5 #4.