House File 29 - Introduced
HOUSE FILE
BY HUSER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the nonpartisan election of township officers.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 1513YH 81
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PAG LIN
1 1 Section 1. Section 39.21, Code 2005, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 4. Township officers as provided in
1 4 section 39.22, subsection 2.
1 5 Sec. 2. Section 39.22, subsection 1, unnumbered paragraph
1 6 2, Code 2005, is amended to read as follows:
1 7 The election of the trustees and clerk of a township may be
1 8 restored after approval of the appointment process under this
1 9 subsection by a resolution of the board of supervisors
1 10 submitting the question to the registered voters who are
1 11 eligible to vote for township officers of the township at the
1 12 next general election. If the proposition to restore the
1 13 election process is approved by a majority of those voting on
1 14 the question, the election of the township officers shall
1 15 commence with the next primary and general elections election.
1 16 A resolution submitting the question of restoring the election
1 17 of township officers at the next general election shall be
1 18 adopted by the board of supervisors upon receipt of a petition
1 19 signed by eligible electors residing in the township equal in
1 20 number to at least ten percent of the registered voters of a
1 21 township. The initial terms of the trustees shall be
1 22 determined by lot, one for two years, and two for four years.
1 23 However, if a proposition to change the method of selecting
1 24 township officers is adopted by the electorate, a resolution
1 25 to change the method shall not be submitted to the electorate
1 26 for four years.
1 27 Sec. 3. Section 39.22, subsection 2, Code 2005, is amended
1 28 to read as follows:
1 29 2. BY ELECTION. If the county board of supervisors does
1 30 not have the power provided under subsection 1 to fill the
1 31 offices of trustee and clerk within a township by appointment,
1 32 then the offices of township trustee and township clerk shall
1 33 be filled by election on a nonpartisan basis. Township
1 34 trustees and the township clerk, in townships which do not
1 35 include a city, shall be elected by the voters of the entire
2 1 township. In townships which include a city, the officers
2 2 shall be elected by the voters of the township who reside
2 3 outside the corporate limits of the city, but a township
2 4 officer may be a resident of the city.
2 5 a. TOWNSHIP OFFICERS. The election of township officers
2 6 shall take place at the general election on ballots which
2 7 shall not reflect a nominee's political affiliation.
2 8 Nomination shall be made by petition in accordance with
2 9 chapter 45. The petition form shall be furnished by the
2 10 county commissioner of elections and shall be filed with the
2 11 county commissioner of elections. A plurality is sufficient
2 12 to elect the township officers.
2 13 a. b. TOWNSHIP TRUSTEES. Township trustees shall be
2 14 elected biennially to succeed those whose terms of office
2 15 expire on the first day of January following the election
2 16 which is not a Sunday or legal holiday. The term of office of
2 17 each elected township trustee is four years, except as
2 18 provided in subsection 1 for initial terms following
2 19 restoration of the election process.
2 20 b. c. TOWNSHIP CLERK. At the general election held in the
2 21 year 1990 and every four years thereafter, in each civil
2 22 township one township clerk shall be elected who shall hold
2 23 office for the term of four years.
2 24 Sec. 4. Section 43.26, Code 2005, is amended to read as
2 25 follows:
2 26 43.26 BALLOT == FORM.
2 27 The official primary election ballot shall be prepared,
2 28 arranged, and printed substantially in the following form:
2 29 PRIMARY ELECTION BALLOT
2 30 (Name of Party) of
2 31 County of
2 32 ........, State of Iowa,
2 33 ... Rotation (if any).
2 34 Primary election held on
2 35 the ... day of June, ......(year)
3 1 FOR UNITED STATES SENATOR
3 2 (Vote for no more than one.)
3 3 ___ CANDIDATE'S NAME
3 4 ___ CANDIDATE'S NAME
3 5 ___ ................
3 6 FOR UNITED STATES
3 7 REPRESENTATIVE
3 8 (Vote for no more than one.)
3 9 ___ CANDIDATE'S NAME
3 10 ___ CANDIDATE'S NAME
3 11 ___ ................
3 12 FOR GOVERNOR
3 13 (Vote for no more than one.)
3 14 ___ CANDIDATE'S NAME
3 15 ___ CANDIDATE'S NAME
3 16 ___ ................
3 17 (Followed by other elective state officers in the order in
3 18 which they appear in section 39.9 and district officers in the
3 19 order in which they appear in sections 39.15 and 39.16.)
3 20 FOR BOARD OF SUPERVISORS
3 21 (Vote for no more than two.)
3 22 ___ CANDIDATE'S NAME
3 23 ___ CANDIDATE'S NAME
3 24 ___ ................
3 25 ___ ................
3 26 FOR COUNTY AUDITOR
3 27 (Vote for no more than one.)
3 28 ___ CANDIDATE'S NAME
3 29 ___ CANDIDATE'S NAME
3 30 ___ ................
3 31 (Followed by other elective county officers in the order in
3 32 which they appear in section 39.17.)
3 33 FOR TOWNSHIP CLERK
3 34 (Vote for no more than one.)
3 35 ___ CANDIDATE'S NAME
4 1 ___ CANDIDATE'S NAME
4 2 ___ ................
4 3 FOR TOWNSHIP TRUSTEES
4 4 (Vote for no more than two.)
4 5 ___ CANDIDATE'S NAME
4 6 ___ CANDIDATE'S NAME
4 7 ___ CANDIDATE'S NAME
4 8 ___ ................
4 9 ___ ................
4 10 Sec. 5. Section 43.43, unnumbered paragraph 2, Code 2005,
4 11 is amended to read as follows:
4 12 I do solemnly swear or affirm that I am a resident of the
4 13 ........... precinct, ......... ward or township, city of
4 14 ......, county of ......, Iowa.
4 15 Sec. 6. Section 43.53, Code 2005, is amended to read as
4 16 follows:
4 17 43.53 NOMINEES FOR SUBDIVISION OFFICE == WRITE=IN
4 18 CANDIDATES.
4 19 The nominee of each political party for any office to be
4 20 filled by the voters of any township or other political
4 21 subdivision within the county shall be the person receiving
4 22 the highest number of votes cast in the primary election by
4 23 the voters of that party for the office. That person shall
4 24 appear as the party's candidate for the office on the general
4 25 election ballot. A person whose name is not printed on the
4 26 official primary ballot shall not be declared nominated as a
4 27 candidate for such office in the general election unless that
4 28 person receives at least five votes. Nomination of a
4 29 candidate for the office of county supervisor elected from a
4 30 district within the county shall be governed by section 43.52
4 31 and not by this section.
4 32 Sec. 7. Section 43.67, unnumbered paragraph 1, Code 2005,
4 33 is amended to read as follows:
4 34 Each candidate nominated pursuant to section 43.52 or 43.65
4 35 is entitled to have the candidate's name printed on the
5 1 official ballot to be voted at the general election without
5 2 other certificate unless the candidate was nominated by write=
5 3 in votes. Immediately after the completion of the canvass
5 4 held under section 43.49, the county auditor shall notify each
5 5 person who was nominated by write=in votes for a county or
5 6 township office that the person is required to file an
5 7 affidavit of candidacy if the person wishes to be a candidate
5 8 for that office at the general election. Immediately after
5 9 the completion of the canvass held under section 43.63, the
5 10 secretary of state shall notify each person who was nominated
5 11 by write=in votes for a state or federal office that the
5 12 person is required to file an affidavit of candidacy if the
5 13 person wishes to be a candidate for that office at the general
5 14 election. If the affidavit is not filed by five p.m. on the
5 15 seventh day after the completion of the canvass, that person's
5 16 name shall not be placed upon the official general election
5 17 ballot. The affidavit shall be signed by the candidate,
5 18 notarized, and filed with the county auditor or the secretary
5 19 of state, whichever is applicable.
5 20 Sec. 8. Section 49.30, subsection 1, Code 2005, is amended
5 21 to read as follows:
5 22 1. Where special paper ballots are used, if it is not
5 23 possible to include all offices and public measures on a
5 24 single ballot, separate ballots may be provided for township
5 25 offices, nonpartisan offices, judges, or public measures.
5 26 Sec. 9. Section 49.30, subsection 2, paragraph a, Code
5 27 2005, is amended to read as follows:
5 28 a. If it is impossible to place the names of all
5 29 candidates on the machine ballot, the commissioner may provide
5 30 a separate paper ballot for the candidates for judge of the
5 31 district court, the township offices, and the nonpartisan
5 32 offices listed in section 39.21. One of the paper ballots
5 33 shall be furnished to each registered voter.
5 34 Sec. 10. Section 49.37, subsection 3, Code 2005, is
5 35 amended to read as follows:
6 1 3. The commissioner shall arrange the partisan county
6 2 offices on the ballot with the board of supervisors first,
6 3 followed by the other county offices and township offices in
6 4 the same sequence in which they appear in sections section
6 5 39.17 and 39.22. Nonpartisan offices shall be listed after
6 6 partisan offices.
6 7 Sec. 11. Section 43.21, Code 2005, is repealed.
6 8 EXPLANATION
6 9 This bill changes the offices of township trustee and
6 10 township clerk to nonpartisan offices nominated for election
6 11 by the petition process, without regard to political
6 12 affiliation. A nominating petition for a township office
6 13 requires signatures of at least 10 eligible electors of the
6 14 township.
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