House File 222 - Enrolled

PAG LIN

  1  1                                             HOUSE FILE 222
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE NONPARTISAN ELECTION OF TOWNSHIP OFFICERS.
  1  5
  1  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  7
  1  8    Section 1.  Section 39.21, Code 2005, is amended by adding
  1  9 the following new subsection:
  1 10    NEW SUBSECTION.  4.  Township officers as provided in
  1 11 section 39.22, subsection 2.
  1 12    Sec. 2.  Section 39.22, subsection 1, unnumbered paragraph
  1 13 2, Code 2005, is amended to read as follows:
  1 14    The election of the trustees and clerk of a township may be
  1 15 restored after approval of the appointment process under this
  1 16 subsection by a resolution of the board of supervisors
  1 17 submitting the question to the registered voters who are
  1 18 eligible to vote for township officers of the township at the
  1 19 next general election.  If the proposition to restore the
  1 20 election process is approved by a majority of those voting on
  1 21 the question, the election of the township officers shall
  1 22 commence with the next primary and general elections election.
  1 23 A resolution submitting the question of restoring the election
  1 24 of township officers at the next general election shall be
  1 25 adopted by the board of supervisors upon receipt of a petition
  1 26 signed by eligible electors residing in the township equal in
  1 27 number to at least ten percent of the registered voters of a
  1 28 township.  The initial terms of the trustees shall be
  1 29 determined by lot, one for two years, and two for four years.
  1 30 However, if a proposition to change the method of selecting
  1 31 township officers is adopted by the electorate, a resolution
  1 32 to change the method shall not be submitted to the electorate
  1 33 for four years.
  1 34    Sec. 3.  Section 39.22, subsection 2, Code 2005, is amended
  1 35 to read as follows:
  2  1    2.  BY ELECTION.  If the county board of supervisors does
  2  2 not have the power provided under subsection 1 to fill the
  2  3 offices of trustee and clerk within a township by appointment,
  2  4 then the offices of township trustee and township clerk shall
  2  5 be filled by election on a nonpartisan basis.  Township
  2  6 trustees and the township clerk, in townships which do not
  2  7 include a city, shall be elected by the voters of the entire
  2  8 township.  In townships which include a city, the officers
  2  9 shall be elected by the voters of the township who reside
  2 10 outside the corporate limits of the city, but a township
  2 11 officer may be a resident of the city.
  2 12    a.  TOWNSHIP OFFICERS.  The election of township officers
  2 13 shall take place at the general election on ballots which
  2 14 shall not reflect a nominee's political affiliation.
  2 15 Nomination shall be made by petition in accordance with
  2 16 chapter 45.  The petition form shall be furnished by the
  2 17 county commissioner of elections and shall be filed with the
  2 18 county commissioner of elections.  A plurality is sufficient
  2 19 to elect the township officers.
  2 20    a.  b.  TOWNSHIP TRUSTEES.  Township trustees shall be
  2 21 elected biennially to succeed those whose terms of office
  2 22 expire on the first day of January following the election
  2 23 which is not a Sunday or legal holiday.  The term of office of
  2 24 each elected township trustee is four years, except as
  2 25 provided in subsection 1 for initial terms following
  2 26 restoration of the election process.
  2 27    b.  c.  TOWNSHIP CLERK.  At the general election held in
  2 28 the year 1990 and every four years thereafter, in each civil
  2 29 township one township clerk shall be elected who shall hold
  2 30 office for the term of four years.
  2 31    Sec. 4.  Section 43.26, Code 2005, is amended to read as
  2 32 follows:
  2 33    43.26  BALLOT == FORM.
  2 34    The official primary election ballot shall be prepared,
  2 35 arranged, and printed substantially in the following form:
  3  1                     PRIMARY ELECTION BALLOT
  3  2                       (Name of Party) of
  3  3                            County of
  3  4                    ........, State of Iowa,
  3  5                     ... Rotation (if any).
  3  6                    Primary election held on
  3  7                the ... day of June, ......(year)
  3  8                    FOR UNITED STATES SENATOR
  3  9                  (Vote for no more than one.)
  3 10                     ___ CANDIDATE'S NAME
  3 11                     ___ CANDIDATE'S NAME
  3 12                     ___ ................
  3 13                        FOR UNITED STATES
  3 14                         REPRESENTATIVE
  3 15                  (Vote for no more than one.)
  3 16                     ___ CANDIDATE'S NAME
  3 17                     ___ CANDIDATE'S NAME
  3 18                     ___ ................
  3 19                          FOR GOVERNOR
  3 20                  (Vote for no more than one.)
  3 21                     ___ CANDIDATE'S NAME
  3 22                     ___ CANDIDATE'S NAME
  3 23                     ___ ................
  3 24 (Followed by other elective state officers in the order in
  3 25 which they appear in section 39.9 and district officers in the
  3 26 order in which they appear in sections 39.15 and 39.16.)
  3 27                    FOR BOARD OF SUPERVISORS
  3 28                  (Vote for no more than two.)
  3 29                     ___ CANDIDATE'S NAME
  3 30                     ___ CANDIDATE'S NAME
  3 31                     ___ ................
  3 32                     ___ ................
  3 33                       FOR COUNTY AUDITOR
  3 34                  (Vote for no more than one.)
  3 35                     ___ CANDIDATE'S NAME
  4  1                     ___ CANDIDATE'S NAME
  4  2                     ___ ................
  4  3 (Followed by other elective county officers in the order in
  4  4 which they appear in section 39.17.)
  4  5                       FOR TOWNSHIP CLERK
  4  6                  (Vote for no more than one.)
  4  7                     ___ CANDIDATE'S NAME
  4  8                     ___ CANDIDATE'S NAME
  4  9                     ___ ................
  4 10                      FOR TOWNSHIP TRUSTEES
  4 11                  (Vote for no more than two.)
  4 12                     ___ CANDIDATE'S NAME
  4 13                     ___ CANDIDATE'S NAME
  4 14                     ___ CANDIDATE'S NAME
  4 15                     ___ ................
  4 16                     ___ ................
  4 17    Sec. 5.  Section 43.53, Code 2005, is amended to read as
  4 18 follows:
  4 19    43.53  NOMINEES FOR SUBDIVISION OFFICE == WRITE=IN
  4 20 CANDIDATES.
  4 21    The nominee of each political party for any office to be
  4 22 filled by the voters of any township or other political
  4 23 subdivision within the county shall be the person receiving
  4 24 the highest number of votes cast in the primary election by
  4 25 the voters of that party for the office.  That person shall
  4 26 appear as the party's candidate for the office on the general
  4 27 election ballot.  A person whose name is not printed on the
  4 28 official primary ballot shall not be declared nominated as a
  4 29 candidate for such office in the general election unless that
  4 30 person receives at least five votes.  Nomination of a
  4 31 candidate for the office of county supervisor elected from a
  4 32 district within the county shall be governed by section 43.52
  4 33 and not by this section.
  4 34    Sec. 6.  Section 43.67, unnumbered paragraph 1, Code 2005,
  4 35 is amended to read as follows:
  5  1    Each candidate nominated pursuant to section 43.52 or 43.65
  5  2 is entitled to have the candidate's name printed on the
  5  3 official ballot to be voted at the general election without
  5  4 other certificate unless the candidate was nominated by write=
  5  5 in votes.  Immediately after the completion of the canvass
  5  6 held under section 43.49, the county auditor shall notify each
  5  7 person who was nominated by write=in votes for a county or
  5  8 township office that the person is required to file an
  5  9 affidavit of candidacy if the person wishes to be a candidate
  5 10 for that office at the general election.  Immediately after
  5 11 the completion of the canvass held under section 43.63, the
  5 12 secretary of state shall notify each person who was nominated
  5 13 by write=in votes for a state or federal office that the
  5 14 person is required to file an affidavit of candidacy if the
  5 15 person wishes to be a candidate for that office at the general
  5 16 election.  If the affidavit is not filed by five p.m. on the
  5 17 seventh day after the completion of the canvass, that person's
  5 18 name shall not be placed upon the official general election
  5 19 ballot.  The affidavit shall be signed by the candidate,
  5 20 notarized, and filed with the county auditor or the secretary
  5 21 of state, whichever is applicable.
  5 22    Sec. 7.  Section 49.30, subsection 1, Code 2005, is amended
  5 23 to read as follows:
  5 24    1.  Where special paper ballots are used, if it is not
  5 25 possible to include all offices and public measures on a
  5 26 single ballot, separate ballots may be provided for township
  5 27 offices, nonpartisan offices, judges, or public measures.
  5 28    Sec. 8.  Section 49.30, subsection 2, paragraph a, Code
  5 29 2005, is amended to read as follows:
  5 30    a.  If it is impossible to place the names of all
  5 31 candidates on the machine ballot, the commissioner may provide
  5 32 a separate paper ballot for the candidates for judge of the
  5 33 district court, the township offices, and the nonpartisan
  5 34 offices listed in section 39.21.  One of the paper ballots
  5 35 shall be furnished to each registered voter.
  6  1    Sec. 9.  Section 49.37, subsection 3, Code 2005, is
  6  2 amended to read as follows:
  6  3    3.  The commissioner shall arrange the partisan county
  6  4 offices on the ballot with the board of supervisors first,
  6  5 followed by the other county offices and township offices in
  6  6 the same sequence in which they appear in sections section
  6  7 39.17 and 39.22.  Nonpartisan offices shall be listed after
  6  8 partisan offices.
  6  9    Sec. 10.  Section 43.21, Code 2005, is repealed.
  6 10
  6 11
  6 12                                                             
  6 13                               CHRISTOPHER C. RANTS
  6 14                               Speaker of the House
  6 15
  6 16
  6 17                                                             
  6 18                               JOHN P. KIBBIE
  6 19                               President of the Senate
  6 20
  6 21    I hereby certify that this bill originated in the House and
  6 22 is known as House File 222, Eighty=first General Assembly.
  6 23
  6 24
  6 25                                                             
  6 26                               MARGARET THOMSON
  6 27                               Chief Clerk of the House
  6 28 Approved                , 2005
  6 29
  6 30
  6 31                            
  6 32 THOMAS J. VILSACK
  6 33 Governor