House File 635 - Introduced HOUSE FILE BY STRUYK Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act modifying the process for filling vacancies in the office 2 of United States senator. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2061YH 83 5 sc/rj/8 PAG LIN 1 1 Section 1. Section 39.10, Code 2009, is amended to read as 1 2 follow: 1 3 39.10 UNITED STATES SENATORS. 1 4 Senators in the Congress of the United States shall be 1 5 elected in the same manner in which state officers are 1 6 elected, except that a vacancy in the office of senator of the 1 7 Congress of the United States shall be filled as provided in 1 8 section 69.14. 1 9 Sec. 2. Section 43.6, subsection 1, Code 2009, is amended 1 10 to read as follows: 1 11 1. When a vacancy occurs in the office ofsenator in the 1 12 Congress of the United States,secretary of state, auditor of 1 13 state, treasurer of state, secretary of agriculture, or 1 14 attorney general and section 69.13 requires that the vacancy 1 15 be filled for the balance of the unexpired term at a general 1 16 election, candidates for the office shall be nominated in the 1 17 preceding primary election if the vacancy occurs eighty=nine 1 18 or more days before the date of that primary election. If the 1 19 vacancy occurs less than one hundred four days before the date 1 20 of that primary election, the state commissioner shall accept 1 21 nomination papers for that office only untilfive o'clock5:00 1 22 p.m. on the seventy=fourth day before the primary election, 1 23 the provisions of section 43.11 notwithstanding. If the 1 24 vacancy occurs later than eighty=nine days before the date of 1 25 that primary election, but not less than eighty=nine days 1 26 before the date of the general election, the nominations shall 1 27 be made in the manner prescribed by this chapter for filling 1 28 vacancies in nominations for offices to be voted for at the 1 29 general election. 1 30 Sec. 3. Section 43.6, Code 2009, is amended by adding the 1 31 following new subsection: 1 32 NEW SUBSECTION. 3. When a vacancy occurs in the office of 1 33 senator in the Congress of the United States, the vacancy 1 34 shall be filled as provided in section 69.14. 1 35 Sec. 4. Section 43.77, subsection 4, Code 2009, is amended 2 1 to read as follows: 2 2 4. A vacancy has occurred in the office ofsenator in the 2 3 Congress of the United States,lieutenant governor, secretary 2 4 of state, auditor of state, treasurer of state, secretary of 2 5 agriculture, or attorney general, under the circumstances 2 6 described in section 69.13, less than eighty=nine days before 2 7 the primary election and not less than eighty=nine days before 2 8 the general election. 2 9 Sec. 5. Section 43.78, subsection 4, Code 2009, is amended 2 10 to read as follows: 2 11 4. Political party candidates for a vacant seat in the 2 12 United States senate, United States house of representatives, 2 13 the board of supervisors, the elected county offices, or the 2 14 general assembly which is to be filled at a special election 2 15 called pursuant to section 69.14 or 69.14A shall be nominated 2 16 in the manner provided by subsection 1 of this section for 2 17 filling a vacancy on the general election ballot for the same 2 18 office. The name of a candidate so nominated shall be 2 19 submitted in writing to the appropriate commissioner, as 2 20 required by section 43.88, at the earliest practicable time. 2 21 Sec. 6. Section 43.83, Code 2009, is amended to read as 2 22 follows: 2 23 43.83 VACANCIES IN OFFICE OF U.S. SENATOR OR 2 24 REPRESENTATIVE. 2 25 A candidate to be voted on at a special election occasioned 2 26 by a vacancy in the office of United States senator or United 2 27 States representative, shall be nominated by a convention duly 2 28 called by the district central committee not less than 2 29 twenty=five days prior to the date set for the special 2 30 election. 2 31 Sec. 7. Section 69.8, subsection 1, Code 2009, is amended 2 32 by striking the subsection. 2 33 Sec. 8. Section 69.13, unnumbered paragraph 1, Code 2009, 2 34 is amended to read as follows: 2 35 If a vacancy occurs in the office ofsenator in the 3 1 Congress of the United States,secretary of state, auditor of 3 2 state, treasurer of state, secretary of agriculture, or 3 3 attorney general eighty=nine or more days before a general 3 4 election, and the unexpired term in which the vacancy exists 3 5 has more than seventy days to run after the date of that 3 6 general election, the vacancy shall be filled for the balance 3 7 of the unexpired term at that general election and the person 3 8 elected to fill the vacancy shall assume office as soon as a 3 9 certificate of election has been issued and the person has 3 10 qualified. 3 11 Sec. 9. Section 69.14, Code 2009, is amended to read as 3 12 follows: 3 13 69.14 SPECIAL ELECTION TO FILL VACANCIES. 3 14 1. A special election to fill a vacancy shall be held for 3 15 a senator or representative in Congress, or senator or 3 16 representative in the general assembly, when the body in which 3 17 such vacancy exists is in session, or will convene prior to 3 18 the next general election, and the governor shall order, not 3 19 later than five days from the date the vacancy exists, a 3 20 special election, giving not less than forty days' notice of 3 21 such election. In the event the special election is to fill a 3 22 vacancy in the general assembly while it is in session or 3 23 within forty=five days of the convening of any session, the 3 24 time limit provided in this section shall not apply and the 3 25 governor shall order such special election at the earliest 3 26 practical time, giving at least eighteen days' notice of the 3 27 special election. Any special election called under this 3 28 section must be held on a Tuesday and shall not be held on the 3 29 same day as a school election within the district. 3 30 2. A vacancy in the office of senator in the Congress of 3 31 the United States filled under this section shall be for the 3 32 balance of the unexpired term. 3 33 EXPLANATION 3 34 This bill provides that a vacancy in the office of United 3 35 States senator shall be filled at special election in the same 4 1 manner as a vacancy in the office of United States 4 2 representative. The bill also provides that a person elected 4 3 to fill a vacancy in the office of United States senator shall 4 4 serve for the balance of the unexpired term. 4 5 Under current law, a vacancy in the office of United States 4 6 senator is filled by appointment by the governor or at the 4 7 next general election, depending on when the vacancy occurs. 4 8 LSB 2061YH 83 4 9 sc/rj/8