Senate File 399 S-3143 Amend Senate File 399 as follows: 1 1. Page 9, after line 20 by inserting: 2 < DIVISION ___ 3 PRIMARY RUNOFF ELECTIONS 4 Sec. ___. Section 43.52, Code 2017, is amended to 5 read as follows: 6 43.52 Nominees for county office. 7 1. a. The nominee of each political party for 8 any office to be filled by the voters of the entire 9 county, or for the office of county supervisor elected 10 from a district within the county, shall be the person 11 receiving the highest number of votes cast in the 12 primary election by the voters of that party for the 13 office, and that person shall appear as the party’s 14 candidate for the office on the general election 15 ballot. 16 b. If no candidate receives thirty-five 17 percent or more of the votes cast by voters of the 18 candidate’s party for the office sought, the primary 19 is inconclusive and the nomination shall be made as 20 provided by section 43.78, subsection 1 , paragraphs “d” 21 and “e”. subsection 3. 22 2. When two or more nominees are required, as 23 in the case of at-large elections, the nominees 24 shall likewise be the required number of persons who 25 receive the greatest highest number of votes cast in 26 the primary election by the voters of the nominating 27 party, but no candidate is nominated who fails to 28 receive thirty-five percent of the number of votes 29 found by dividing the number of votes cast by voters 30 of the candidate’s party for the office in question by 31 the number of persons to be elected to that office. 32 If the primary is inconclusive under this paragraph 33 subsection , the necessary number of nominations shall 34 be made as provided by section 43.78, subsection 1 , 35 -1- SF399.1469 (2) 87 aw/jh 1/ 6 #1.

paragraphs “d” and “e”. subsection 3. 1 3. a. A primary runoff election shall be held only 2 for nominations unfilled because the primary election 3 is inconclusive under subsection 1 or 2. 4 (1) When one nominee is required for an office, the 5 two candidates who received the highest number of votes 6 cast for that nomination in the primary election shall 7 be the candidates in the primary runoff election. 8 (2) When two or more nominees are required for 9 an office and the necessary number of nominations 10 cannot be made pursuant to subsection 2, the number 11 of candidates in the primary runoff election shall 12 equal one more than the necessary number of nominations 13 remaining unfilled. The candidates in the primary 14 runoff election shall be the remaining candidates 15 who received the highest number of votes cast in the 16 primary election but who did not receive at least 17 thirty-five percent of the votes cast in the primary 18 election. 19 b. Primary runoff elections shall be held on 20 the first Tuesday after the first Monday in August 21 following the primary election and shall, insofar as 22 practicable, be conducted and the results canvassed in 23 the same manner as primary elections. 24 c. The candidates equal in number to the necessary 25 number of nominations remaining unfilled who receive 26 the highest number of votes cast by the voters of the 27 nominating party shall be the nominees of that party 28 for that office in the general election. 29 d. The fact that the candidate who receives the 30 highest number of votes cast for any party’s nomination 31 for an office under this subsection is a person whose 32 name was not printed on the official primary runoff 33 election ballot shall not affect the validity of the 34 person’s nomination as a candidate for that office in 35 -2- SF399.1469 (2) 87 aw/jh 2/ 6

the general election. 1 Sec. ___. Section 43.65, Code 2017, is amended to 2 read as follows: 3 43.65 Who nominated. 4 1. The candidate of each political party for 5 nomination for each office to be filled by the voters 6 of the entire state, and for each seat in the United 7 States house of representatives, the Iowa house of 8 representatives and each seat in the Iowa senate 9 which is to be filled, who receives the highest number 10 of votes cast by the voters of that party for that 11 nomination shall be the candidate of that party for 12 that office in the general election. However, if there 13 are more than two candidates for any nomination and 14 none of the candidates receives thirty-five percent 15 or more of the votes cast by voters of that party for 16 that nomination, the primary is inconclusive and the 17 nomination shall be made as provided by section 43.78, 18 subsection 1 , paragraph “a”, “b” or “c”, whichever is 19 appropriate subsection 2 . 20 2. a. A primary runoff election shall be held only 21 for nominations unfilled because the primary election 22 is inconclusive under subsection 1. The two candidates 23 who received the highest number of votes cast for 24 that nomination in the primary election shall be the 25 candidates in the primary runoff election. 26 b. Primary runoff elections shall be held on 27 the first Tuesday after the first Monday in August 28 following the primary election and shall, insofar as 29 practicable, be conducted and the results canvassed in 30 the same manner as primary elections. 31 c. The candidate in the primary runoff election who 32 receives the highest number of votes cast by the voters 33 of the nominating party shall be the nominee of that 34 party for that office in the general election. 35 -3- SF399.1469 (2) 87 aw/jh 3/ 6

d. The fact that the candidate who receives the 1 highest number of votes cast for any party’s nomination 2 for an office under this subsection is a person whose 3 name was not printed on the official primary runoff 4 election ballot shall not affect the validity of the 5 person’s nomination as a candidate for that office in 6 the general election. 7 Sec. ___. Section 43.66, Code 2017, is amended to 8 read as follows: 9 43.66 Write-in candidates. 10 The fact that the candidate who receives the highest 11 number of votes cast for any party’s nomination for an 12 office to which section 43.52 or 43.65 is applicable 13 is a person whose name was not printed on the official 14 primary election ballot shall not affect the validity 15 of the person’s nomination as a candidate for that 16 office in the general election. However, if there 17 is no candidate on the official primary ballot of a 18 political party for nomination to a particular office, 19 a write-in candidate may obtain the party’s nomination 20 to that office in the primary if the candidate receives 21 a number of votes equal to at least thirty-five 22 percent of the total vote cast for all of that party’s 23 candidates for that office in the last preceding 24 primary election for which the party had candidates 25 on the ballot for that office. If there have been no 26 candidates from a political party for a seat in the 27 general assembly since the most recent redistricting 28 of the general assembly, a write-in candidate shall be 29 considered nominated who receives a number of votes 30 equal to at least thirty-five percent of the total 31 votes cast, at the last preceding primary election in 32 the precincts which currently constitute the general 33 assembly district, for all of that party’s candidates 34 for representative in the Congress of the United States 35 -4- SF399.1469 (2) 87 aw/jh 4/ 6

or who receives at least one hundred votes, whichever 1 number is greater. When two or more nominees are 2 required, the division procedure prescribed in section 3 43.52 , subsection 2, shall be applied to establish 4 the minimum number of write-in votes necessary for 5 nomination. If the primary is inconclusive, the 6 necessary nominations shall be made in accordance with 7 section 43.78, subsection 1 43.52, subsection 3, or 8 section 43.65, subsection 2, as applicable . 9 Sec. ___. Section 43.67, subsection 1, Code 2017, 10 is amended to read as follows: 11 1. Each candidate nominated pursuant to section 12 43.52 or 43.65 is entitled to have the candidate’s 13 name printed on the official ballot to be voted at the 14 general election without other certificate unless the 15 candidate was nominated by write-in votes. Immediately 16 after the completion of the canvass for the primary 17 election held under section 43.49 , the county auditor 18 shall notify each person who was nominated by write-in 19 votes for a county office that the person is required 20 to file an affidavit of candidacy if the person wishes 21 to be a candidate for that office at the general 22 election. Immediately after the completion of the 23 canvass for the primary election held under section 24 43.63 , the secretary of state shall notify each person 25 who was nominated by write-in votes for a state or 26 federal office that the person is required to file 27 an affidavit of candidacy if the person wishes to be 28 a candidate for that office at the general election. 29 If a person receives enough votes to be placed on a 30 primary runoff election ballot, the county commissioner 31 of elections or the state commissioner of elections, 32 as appropriate, shall immediately after the canvass 33 of the primary election notify the person that the 34 person is required to file an affidavit of candidacy 35 -5- SF399.1469 (2) 87 aw/jh 5/ 6

if the person wishes to be a candidate for nomination 1 to that office at the primary runoff election. If the 2 affidavit is not filed by 5:00 p.m. on the seventh 3 day after the completion of the canvass, that person’s 4 name shall not be placed upon the official general 5 election ballot or the primary election runoff ballot, 6 as applicable . The affidavit shall be signed by the 7 candidate, notarized, and filed with the county auditor 8 or the secretary of state, whichever is applicable. 9 Sec. ___. Section 43.67, subsection 2, paragraph f, 10 Code 2017, is amended to read as follows: 11 f. A declaration that if the candidate is elected 12 to the office sought the candidate will qualify by 13 taking the oath of office. 14 Sec. ___. Section 43.77, subsection 2, Code 2017, 15 is amended to read as follows: 16 2. The primary election was inconclusive as to that 17 office because no candidate for the party’s nomination 18 for that office received the number of votes required 19 by section 43.52 , section 43.53 , or 43.65 , whichever is 20 applicable . 21 Sec. ___. IMPLEMENTATION OF ACT. Section 25B.2, 22 subsection 3, shall not apply to this division of this 23 Act. > 24 2. Title page, line 3, after < voting, > by inserting 25 < primary runoff election requirements, > 26 3. By renumbering as necessary. 27 ______________________________ TOD R. BOWMAN -6- SF399.1469 (2) 87 aw/jh 6/ 6 #2. #3.