House File 157 - Introduced HOUSE FILE 157 BY KAUFMANN and RAECKER A BILL FOR An Act allowing voters to reject all candidates on general 1 election ballots for certain offices and providing for a 2 special election and for filing deadlines. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1639YH (5) 84 sc/nh

H.F. 157 Section 1. Section 49.37, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4. a. Any ballot upon which appears 3 the names of candidates for an elective state office or for 4 the general assembly shall contain for each of those offices 5 an additional line equivalent to the lines on which the 6 candidates’ names appear and placed at the end of the row or 7 column containing the names of the candidates for that office. 8 Each such additional line shall contain a voting target whereby 9 the voter may express the voter’s choice of that line in the 10 same manner as the voter would choose a candidate, and the line 11 shall read “None of These Candidates”. 12 b. For purposes of this subsection, “elective state 13 office” means the offices of governor and lieutenant governor, 14 secretary of state, auditor of state, treasurer of state, 15 secretary of agriculture, and attorney general. 16 Sec. 2. Section 50.45, Code 2011, is amended to read as 17 follows: 18 50.45 Canvass public —— result determined. 19 1. All canvasses of tally lists shall be public, and the 20 persons having the greatest number of votes shall be declared 21 elected , except that if the choice “None of These Candidates” 22 receives a simple majority of the total votes cast for that 23 office, no person shall be declared elected, and the governor 24 shall order a special election and issue a proclamation 25 pursuant to section 39.6. The special election shall be 26 conducted in the manner provided for in section 69.21 . 27 2. When a public measure has been submitted to the 28 electors, the proposition shall be declared to have been 29 adopted if the vote cast in favor of the question is greater 30 than fifty percent of the total vote cast in favor and against 31 the question, unless laws pertaining specifically to the public 32 measure election establish a higher percentage of a favorable 33 vote. All ballots cast and not counted as a vote in favor or 34 against the proposition shall not be used in computing the 35 -1- LSB 1639YH (5) 84 sc/nh 1/ 5

H.F. 157 total vote cast in favor and against the proposition. 1 Sec. 3. Section 50.46, Code 2011, is amended to read as 2 follows: 3 50.46 Special elections —— canvass and certificate. 4 When a special election has been held to fill a vacancy, 5 pursuant to section 69.14 , or when a special election has been 6 held pursuant to section 69.21, the board of county canvassers 7 shall meet no earlier than 1:00 p.m. on the second day after 8 the election, and canvass the votes cast at the election. If 9 the second day after the election is a public holiday, section 10 4.1, subsection 34 , controls. The commissioner, as soon as the 11 canvass is completed, shall transmit to the state commissioner 12 an abstract of the votes so canvassed, and the state board, 13 within five days after receiving such abstracts, shall canvass 14 the tally lists. A certificate of election shall be issued by 15 the county or state board of canvassers, as in other cases. 16 All the provisions regulating elections, obtaining tally lists, 17 and canvass of votes at general elections, except as to time, 18 shall apply to special elections. 19 Sec. 4. NEW SECTION . 69.21 Special election —— general 20 assembly and elective state offices. 21 1. A special election ordered pursuant to section shall 22 be held not less than forty-two and not more than fifty days 23 following the date the governor ordered the special election. 24 2. a. A political party that had a candidate on the general 25 election ballot for the office for which a special election has 26 been ordered may nominate another candidate for the office in 27 the manner provided for in section 43.78, subsection 1. 28 b. Nominations for all other candidates may be made as 29 follows: 30 (1) For an elective state office, by nomination petition 31 signed by not less than one thousand eligible electors of the 32 state. 33 (2) For senator in the general assembly, by nomination 34 petition signed by not less than one hundred eligible electors 35 -2- LSB 1639YH (5) 84 sc/nh 2/ 5

H.F. 157 of the senate district. 1 (3) For representative in the general assembly, by 2 nomination petition signed by not less than fifty eligible 3 electors of the representative district. 4 c. A candidate whose name was on the general election ballot 5 for the office for which a special election has been ordered is 6 disqualified from nomination in the special election. 7 3. Nomination petitions must be filed in the office of the 8 state commissioner of elections not later than 5:00 p.m. on the 9 twenty-fifth day before the special election. Each nomination 10 petition must be accompanied by an affidavit executed by the 11 candidate in the same form as that provided in section 43.18, 12 section 44.3, subsection 2, or section 45.3, whichever is 13 applicable. 14 4. a. A candidate nominated for an office to be filled 15 at the special election may withdraw as a nominee for that 16 office on or before, but not later than, the fifteenth day 17 before the date of the special election by notifying the state 18 commissioner of elections in writing. 19 b. If a person who has filed nomination papers with the 20 state commissioner as a candidate in the special election dies 21 or withdraws on or before the fifteenth day before the special 22 election, the appropriate convention of that person’s political 23 party may designate one additional special election candidate 24 for the nomination that person was seeking, if the designation 25 is submitted to the state commissioner in writing no later than 26 5:00 p.m. on the twelfth day before the date of the special 27 election. 28 5. Objections to the eligibility of a candidate in the 29 special election must be filed pursuant to section 43.24 30 not less than nineteen days before the date of the special 31 election. 32 6. The state commissioner of elections shall certify to the 33 commissioner of each county at the earliest practicable time, 34 and under separate party headings, the name of each person 35 -3- LSB 1639YH (5) 84 sc/nh 3/ 5

H.F. 157 nominated, the office to which the person is nominated, and the 1 order in which the tickets of the several political parties 2 shall appear on the official ballot. 3 7. The ballots provided for the special election shall not 4 contain the designation “None of These Candidates”. 5 8. The votes cast in the special election shall be canvassed 6 and a certificate of election issued in the manner provided 7 for in section 50.46. The candidate-elect shall be sworn into 8 office immediately following the issuance of the certificate of 9 election by the state commissioner of elections. 10 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection 11 3, shall not apply to this Act. 12 EXPLANATION 13 This bill provides that general election ballots for 14 elective state offices and for the general assembly shall 15 include the designation “None of These Candidates” as a choice 16 for the voter. Elective state office means governor and 17 lieutenant governor, secretary of state, auditor of state, 18 treasurer of state, secretary of agriculture, and attorney 19 general. 20 The bill also provides that if the choice “None of These 21 Candidates” receives a simple majority of the votes cast for a 22 particular office, a special election shall be ordered for that 23 office. The special election is to be held not less than and 24 not more than 50 days following the date the special election 25 is ordered. New candidates may be nominated by convention 26 or by petition. Candidates on the original general election 27 ballot are disqualified from nomination as a candidate in the 28 special election. Candidates elected at the special election 29 are to be sworn in immediately after the state commissioner 30 issues the certificate of election. 31 The bill may include a state mandate as defined in Code 32 section 25B.3. The bill makes inapplicable Code section 25B.2, 33 subsection 3, which would relieve a political subdivision from 34 complying with a state mandate if funding for the cost of 35 -4- LSB 1639YH (5) 84 sc/nh 4/ 5

H.F. 157 the state mandate is not provided or specified. Therefore, 1 political subdivisions are required to comply with any state 2 mandate included in the bill. 3 -5- LSB 1639YH (5) 84 sc/nh 5/ 5