House File 2428 - Introduced



                                       HOUSE FILE       
                                       BY  COHOON


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to nominations for merged area board of directors
  2    and school district board of directors offices to be filled at
  3    the regular school election.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6184HH 81
  6 sc/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  260C.15A  NOMINEES DECLARED
  1  2 ELECTED UNDER CERTAIN CIRCUMSTANCES.
  1  3    If for each director district which has a board of
  1  4 directors office to be filled at the election there has been
  1  5 only one nomination petition filed, the county commissioner of
  1  6 elections shall notify the secretary of the merged area board
  1  7 of directors of that fact.  Immediately upon receiving such
  1  8 notification, the board of directors shall, in writing,
  1  9 declare the offices filled by the nominees, and there shall be
  1 10 no election held to fill the merged area board of director
  1 11 offices.  However, if there is an election on a public measure
  1 12 scheduled on the same day as the regular school election or if
  1 13 there are multiple nominees for the office of director of a
  1 14 school district board of directors, the election shall be
  1 15 conducted for purposes of voting on the public measure or on
  1 16 the school district offices.
  1 17    The board of directors' declaration shall be certified as
  1 18 if it were an abstract of votes under sections 260C.15 and
  1 19 277.20.  A certificate of election shall be issued to each
  1 20 candidate named in the declaration.
  1 21    This section also applies to filling vacancies in office
  1 22 pursuant to sections 69.12 and 277.29.
  1 23    Sec. 2.  NEW SECTION.  277.8  NOMINEES DECLARED ELECTED
  1 24 UNDER CERTAIN CIRCUMSTANCES.
  1 25    If the number of nomination petitions filed equals the
  1 26 number of board positions to be filled at the election, the
  1 27 county commissioner of elections shall notify the secretary of
  1 28 the school board of that fact.  Immediately upon receiving
  1 29 such notification, the board of directors shall, in writing,
  1 30 declare the offices filled by the nominees, and there shall be
  1 31 no election held to fill the school board offices.  However,
  1 32 if there is an election on a public measure scheduled on the
  1 33 same day as the regular school election or if there are
  1 34 multiple nominees for the office of director of a merged area
  1 35 board of directors, the election shall be conducted for
  2  1 purposes of voting on the public measure or on the merged area
  2  2 offices.  In the case of a school district that is divided
  2  3 into director districts, the board shall declare the offices
  2  4 filled by the nominees if for each director district which has
  2  5 a school board office to be filled at the election there has
  2  6 been only one nomination petition filed.
  2  7    The school board declaration shall be certified as if it
  2  8 were an abstract of votes under section 277.20.  A certificate
  2  9 of election shall be issued to each candidate named in the
  2 10 declaration.
  2 11    This section also applies to filling vacancies in office
  2 12 pursuant to sections 277.29 and 277.30.
  2 13                           EXPLANATION
  2 14    This bill provides that if the number of nomination
  2 15 petitions filed for the office of school district board of
  2 16 directors or the office of merged area board of directors to
  2 17 be filled at the regular school election is equal to the
  2 18 number of offices to be filled at the election, the board of
  2 19 directors of the school district or merged area, as
  2 20 applicable, shall declare the offices to be filled by the
  2 21 nominees and there shall be no election to fill those offices.
  2 22 The bill further provides, however, that if there is a public
  2 23 measure to be voted on at the regular school election, the
  2 24 election shall be held for purposes of voting on the public
  2 25 measure.
  2 26 LSB 6184HH 81
  2 27 sc:nh/je/5