S-5072

   Amend House File 2366, as amended, passed, and reprinted by the House, as follows:
   1.  Page 1, before line 1 by inserting: 
   Section 1.  Section 44.4, subsection 1, Code 2014, is amended to read as follows:
   1.  Nominations made pursuant to this chapter and chapter 45 which are required to be filed in the office of the state commissioner shall be filed in that office not more than ninety-nine days nor later than 5:00 p.m. on the eighty-first day before the date of the general election to be held in November. Nominations made for a special election called pursuant to section 69.14 shall be filed by 5:00 p.m. not less than twenty-five days before the date of an election called upon at least forty days’ notice and not less than fourteen days before the date of an election called upon at least eighteen days’ notice. Nominations made for a special election called pursuant to section 69.14A shall be filed by 5:00 p.m. not less than twenty-five days before the date of the election. Nominations made pursuant to this chapter and chapter 45 which are required to be filed in the office of the commissioner shall be filed in that office not more than ninety-two days nor later than 5:00 p.m. on the sixty-ninth day before the date of the general election. Nominations made pursuant to this chapter or chapter 45 for city office shall be filed not more than seventy-two days nor later than 5:00 p.m. on the forty-seventh day before the city election with the city clerk county commissioner of elections responsible under section 47.2 for conducting elections held for the city, who shall process them as provided by law.
   Sec. ___.  Section 44.4, subsection 2, paragraph a, subparagraphs (2) and (3), Code 2014, are amended to read as follows:
   (2)  Those filed with the commissioner, not less than sixty-four days before the date of the election, except as provided in subparagraph (3).
   (3)  Those filed with the city clerk commissioner for an elective city office, at least forty-two days before the regularly scheduled or special city election. However, for those cities that may be required to hold a primary election, at least sixty-three days before the regularly scheduled or special city election.
   Sec. ___.  Section 44.7, Code 2014, is amended to read as follows:
   44.7  Hearing before commissioner.

   Objections Except as otherwise provided in section 44.8, objections filed with the commissioner shall be considered by the county auditor, county treasurer, and county attorney, and a majority decision shall be final; but. However, if the objection is to the certificate of nomination of one or more of the above named county officers, the officer or officers objected to shall not pass upon the objection, but their places shall be filled, respectively, by the chairperson of the board of supervisors, the sheriff, and the county recorder.
   Sec. ___.  Section 44.8, Code 2014, is amended to read as follows:
   44.8  Hearing before mayor.
   1.  Objections filed with the city clerk pursuant to section 362.4 or with the commissioner for an elective city office shall be considered by the mayor and clerk and one member of the council chosen by the council by ballot, and a majority decision shall be final; but. However, if the objection is to the certificate of nomination of either of those city officials, that official shall not pass upon said the objection, but the official’s place shall be filled by a member of the council against whom no such objection exists, chosen as above provided.
   2.  The hearing shall be held within twenty-four hours of the receipt of the objection if a primary election must be held for the office sought by the candidate against whom the objection has been filed.
   Sec. ___.  Section 44.9, subsections 2 and 6, Code 2014, are amended to read as follows:
   2.  In the office of the proper commissioner, at least sixty-four days before the date of the election, except as otherwise provided in subsection 6.
   6.  In the office of the proper city clerk commissioner, at least forty-two days before the regularly scheduled or special city election. However, for those cities that may be required to hold a primary election, at least sixty-three days before a regularly scheduled or special city election.
   Sec. ___.  Section 44.11, Code 2014, is amended to read as follows:
   44.11  Vacancies filled.

   If a candidate named under this chapter withdraws before the deadline established in section 44.9, declines a nomination, or dies before election day, or if a certificate of nomination is held insufficient or inoperative by the officer with whom it is required to be filed, or in case any objection made to a certificate of nomination, or to the eligibility of any candidate named in the certificate, is sustained by the board appointed to determine such questions, the vacancy or vacancies may be filled by the convention, or caucus, or in such manner as such convention or caucus has previously provided. The vacancy or vacancies shall be filled not less than seventy-four days before the election in the case of nominations required to be filed with the state commissioner, not less than sixty-four days before the election in the case of nominations required to be filed with the commissioner, not less than thirty-five days before the election in the case of nominations required to be filed in the office of the school board secretary, and not less than forty-two days before the election in the case of nominations required to be filed with the city clerk commissioner for city elections.>
   2.  Page 1, line 33, after <election.> by inserting <If the council fails to make an appointment within sixty days as required by this subsection, the city clerk shall give notice of the vacancy to the county commissioner and the county commissioner shall call a special election to fill the vacancy at the earliest practicable date but no fewer than thirty-two days after the notice is received by the county commissioner.>
   3.  Page 3, after line 7 by inserting: 
   <Sec. ___.  Section 376.4, subsection 1, paragraph a, Code 2014, is amended to read as follows:
   a.  An eligible elector of a city may become a candidate for an elective city office by filing with the city clerk county commissioner of elections responsible under section 47.2 for conducting elections held for the city a valid petition requesting that the elector’s name be placed on the ballot for that office. The petition must be filed not more than seventy-one days and not less than forty-seven days before the date of the election, and must be signed by eligible electors equal in number to at least two percent of those who voted to fill the same office at the last regular city election, but not less than ten persons. However, for those cities which may be required to hold a primary election, the petition must be filed not more than eighty-five days and not less than sixty-eight days before the date of the regular city election. Nomination petitions shall be filed not later than 5:00 p.m. on the last day for filing.
   Sec. ___.  Section 376.4, subsections 3, 4, and 5, Code 2014, are amended to read as follows:
   3.  If the city clerk is not readily available during normal office hours, the city clerk shall designate other employees or officials of the city who are ordinarily available to accept nomination papers under this section. On the final date for filing nomination papers the office of the city clerk county commissioner shall remain open until 5:00 p.m.
   4.  The city clerk county commissioner shall review each petition and affidavit of candidacy for completeness following the standards in section 45.5 and shall accept the petition for filing if on its face it appears to have the requisite number of signatures and if it is timely filed. The city clerk county commissioner shall note upon each petition and affidavit accepted for filing the date and time that they were filed. The clerk county commissioner shall return any rejected nomination papers to the person on whose behalf the nomination papers were filed.
   5.  Nomination papers filed with the city clerk county commissioner shall be available for public inspection.
   5A.  The city clerk shall deliver all nomination papers together with the text of any public measure being submitted by the city council to the electorate to the county commissioner of elections on the day following no later than the last day on which nomination petitions can be filed, and not later than 5:00 p.m. on that day.
   Sec. ___.  Section 376.11, subsections 3, 4, and 5, Code 2014, are amended to read as follows:
   3.  In city primary elections any person who receives write-in votes shall execute an affidavit in substantially the form required by section 45.3, and file it with the county commissioner of elections or the city clerk not later than 5:00 p.m. on the day after the canvass of the primary election. If any person who received write-in votes fails to file the affidavit at the time required, the county commissioner shall disregard the write-in votes cast for that person. A notation shall be made on the abstract of votes showing which persons who received write-in votes filed affidavits. The total number of votes cast for each office on the ballot shall be amended by subtracting the write-in votes of those candidates who failed to file the affidavit. It is not necessary for a candidate whose name was printed upon the ballot to file an affidavit. Of the remaining candidates, those who receive the highest number of votes to the extent of twice the number of unfilled positions shall be placed on the ballot for the regular city election as candidates for that office.
   4.  In cities in which the city council has chosen a runoff election in lieu of a primary, if a person who was elected by write-in votes chooses not to accept the office by filing a resignation notice with the city clerk or commissioner of elections not later than 5:00 p.m. on the day following the canvass, all remaining persons who received write-in votes and who wish to be considered candidates for the runoff election shall execute an affidavit in substantially the form required by section 45.3 and file it with the county commissioner or the city clerk not later than 5:00 p.m. of the fourth day following the canvass. If a person receiving write-in votes fails to file the affidavit at the time required, the county commissioner of elections shall disregard the write-in votes cast for that person. The abstract of votes shall be amended to show that the person who was declared elected declined the office and a notation shall be made next to the names of those persons who did not file the affidavit. A runoff election shall be held with the remaining candidates who have the highest number of votes to the extent of twice the number of unfilled positions.
   5.  In a city in which the council has chosen a runoff election, if no person was declared elected for an office, all persons who received write-in votes shall execute an affidavit in substantially the form required by section 45.3 and file it with the county commissioner of elections or the city clerk not later than 5:00 p.m. on the day following the canvass of votes. If any person who received write-in votes fails to file the affidavit, the county commissioner of elections shall disregard the write-in votes cast for that person. The abstract of votes shall be amended to note which of the write-in candidates failed to file the affidavit. A runoff election shall be held with the remaining candidates who have the highest number of votes to the extent of twice the number of unfilled positions.>
   4.  By renumbering, redesignating, and correcting internal references as necessary.

______________________________
COMMITTEE ON STATE GOVERNMENT

JEFF DANIELSON, CHAIRPERSON