House File 120HOUSE FILE BY KAUFMANN and RAECKER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act allowing voters to reject all candidates on general 2 election ballots for certain offices and providing for a 3 special election and for filing deadlines. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1350YH 83 6 sc/nh/5 PAG LIN 1 1 Section 1. Section 49.37, Code 2009, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 4. a. Any ballot upon which appears the 1 4 names of candidates for an elective state office or for the 1 5 general assembly shall contain for each of those offices an 1 6 additional line equivalent to the lines on which the 1 7 candidates' names appear and placed at the end of the row or 1 8 column containing the names of the candidates for that office. 1 9 Each such additional line shall contain a voting target 1 10 whereby the voter may express the voter's choice of that line 1 11 in the same manner as the voter would choose a candidate, and 1 12 the line shall read "None of These Candidates". 1 13 b. For purposes of this subsection, "elective state 1 14 office" means the offices of governor and lieutenant governor, 1 15 secretary of state, auditor of state, treasurer of state, 1 16 secretary of agriculture, and attorney general. 1 17 Sec. 2. Section 50.45, Code 2009, is amended to read as 1 18 follows: 1 19 50.45 CANVASS PUBLIC == RESULT DETERMINED. 1 20 1. All canvasses of tally lists shall be public, and the 1 21 persons having the greatest number of votes shall be declared 1 22 elected, except that if the choice "None of These Candidates" 1 23 receives a simple majority of the total votes cast for that 1 24 office, no person shall be declared elected, and the governor 1 25 shall order a special election and issue a proclamation 1 26 pursuant to section 39.6. The special election shall be 1 27 conducted in the manner provided for in section 69.21. 1 28 2. When a public measure has been submitted to the 1 29 electors, the proposition shall be declared to have been 1 30 adopted if the vote cast in favor of the question is greater 1 31 than fifty percent of the total vote cast in favor and against 1 32 the question, unless laws pertaining specifically to the 1 33 public measure election establish a higher percentage of a 1 34 favorable vote. All ballots cast and not counted as a vote in 1 35 favor or against the proposition shall not be used in 2 1 computing the total vote cast in favor and against the 2 2 proposition. 2 3 Sec. 3. Section 50.46, Code 2009, is amended to read as 2 4 follows: 2 5 50.46 SPECIAL ELECTIONS == CANVASS AND CERTIFICATE. 2 6 When a special election has been held to fill a vacancy, 2 7 pursuant to section 69.14, or when a special election has been 2 8 held pursuant to section 69.21, the board of county canvassers 2 9 shall meet at one o'clock in the afternoon of1:00 p.m. on the 2 10 second day after the election, and canvass the votes cast at 2 11 the election. The commissioner, as soon as the canvass is 2 12 completed, shall transmit to the state commissioner an 2 13 abstract of the votes so canvassed, and the state board, 2 14 within five days after receiving such abstracts, shall canvass 2 15 the tally lists. A certificate of election shall be issued by 2 16 the county or state board of canvassers, as in other cases. 2 17 All the provisions regulating elections, obtaining tally 2 18 lists, and canvass of votes at general elections, except as to 2 19 time, shall apply to special elections. 2 20 Sec. 4. NEW SECTION. 69.21 SPECIAL ELECTION == GENERAL 2 21 ASSEMBLY AND ELECTIVE STATE OFFICES. 2 22 1. A special election ordered pursuant to section 50.45 2 23 shall be held not less than forty=two and not more than fifty 2 24 days following the date the governor ordered the special 2 25 election. 2 26 2. a. A political party that had a candidate on the 2 27 general election ballot for the office for which a special 2 28 election has been ordered may nominate another candidate for 2 29 the office in the manner provided for in section 43.78, 2 30 subsection 1. 2 31 b. Nominations for all other candidates may be made as 2 32 follows: 2 33 (1) For an elective state office, by nomination petition 2 34 signed by not less than one thousand eligible electors of the 2 35 state. 3 1 (2) For senator in the general assembly, by nomination 3 2 petition signed by not less than one hundred eligible electors 3 3 of the senate district. 3 4 (3) For representative in the general assembly, by 3 5 nomination petition signed by not less than fifty eligible 3 6 electors of the representative district. 3 7 c. A candidate whose name was on the general election 3 8 ballot for the office for which a special election has been 3 9 ordered is disqualified from nomination in the special 3 10 election. 3 11 3. Nomination petitions must be filed in the office of the 3 12 state commissioner of elections not later than 5:00 p.m. on 3 13 the twenty=fifth day before the special election. Each 3 14 nomination petition must be accompanied by an affidavit 3 15 executed by the candidate in the same form as that provided in 3 16 section 43.18, section 44.3, subsection 2, or section 45.3, 3 17 whichever is applicable. 3 18 4. a. A candidate nominated for an office to be filled at 3 19 the special election may withdraw as a nominee for that office 3 20 on or before, but not later than, the fifteenth day before the 3 21 date of the special election by notifying the state 3 22 commissioner of elections in writing. 3 23 b. If a person who has filed nomination papers with the 3 24 state commissioner as a candidate in the special election dies 3 25 or withdraws on or before the fifteenth day before the special 3 26 election, the appropriate convention of that person's 3 27 political party may designate one additional special election 3 28 candidate for the nomination that person was seeking, if the 3 29 designation is submitted to the state commissioner in writing 3 30 no later than 5:00 p.m. on the twelfth day before the date of 3 31 the special election. 3 32 5. Objections to the eligibility of a candidate in the 3 33 special election must be filed pursuant to section 43.24 not 3 34 less than nineteen days before the date of the special 3 35 election. 4 1 6. The state commissioner of elections shall certify to 4 2 the commissioner of each county at the earliest practicable 4 3 time, and under separate party headings, the name of each 4 4 person nominated, the office to which the person is nominated, 4 5 and the order in which the tickets of the several political 4 6 parties shall appear on the official ballot. 4 7 7. The ballots provided for the special election shall not 4 8 contain the designation "None of These Candidates". 4 9 8. The votes cast in the special election shall be 4 10 canvassed and a certificate of election issued in the manner 4 11 provided for in section 50.46. The candidate=elect shall be 4 12 sworn into office immediately following the issuance of the 4 13 certificate of election by the state commissioner of 4 14 elections. 4 15 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection 4 16 3, shall not apply to this Act. 4 17 EXPLANATION 4 18 This bill provides that general election ballots for 4 19 elective state offices and for the general assembly shall 4 20 include the designation "None of These Candidates" as a choice 4 21 for the voter. Elective state office means governor and 4 22 lieutenant governor, secretary of state, auditor of state, 4 23 treasurer of state, secretary of agriculture, and attorney 4 24 general. 4 25 The bill also provides that if the choice "None of These 4 26 Candidates" receives a simple majority of the votes cast for a 4 27 particular office, a special election shall be ordered for 4 28 that office. The special election is to be held not less than 4 29 42 and not more than 50 days following the date the special 4 30 election is ordered. New candidates may be nominated by 4 31 convention or by petition. Candidates on the original general 4 32 election ballot are disqualified from nomination as a 4 33 candidate in the special election. Candidates elected at the 4 34 special election are to be sworn in immediately after the 4 35 state commissioner issues the certificate of election. 5 1 The bill may include a state mandate as defined in Code 5 2 section 25B.3. The bill makes inapplicable Code section 5 3 25B.2, subsection 3, which would relieve a political 5 4 subdivision from complying with a state mandate if funding for 5 5 the cost of the state mandate is not provided or specified. 5 6 Therefore, political subdivisions are required to comply with 5 7 any state mandate included in the bill. 5 8 LSB 1350YH 83 5 9 sc/nh/5