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 of senator 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 until five o'clock 5:00
  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 of senator 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 of senator 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