House
Study
Bill
107
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
WAGNER)
A
BILL
FOR
An
Act
providing
for
the
nonpartisan
election
of
certain
county
1
officers.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
39.21,
Code
2011,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
5.
The
county
officers
listed
in
section
3
39.17.
4
Sec.
2.
Section
43.6,
unnumbered
paragraph
1,
Code
2011,
is
5
amended
to
read
as
follows:
6
Candidates
for
the
office
of
senator
in
the
Congress
of
the
7
United
States,
the
offices
listed
in
section
39.9
,
and
county
8
supervisor
,
and
the
offices
listed
in
section
39.17
shall
be
9
nominated
in
the
year
preceding
the
expiration
of
the
term
of
10
office
of
the
incumbent.
11
Sec.
3.
Section
43.6,
subsection
2,
Code
2011,
is
amended
12
to
read
as
follows:
13
2.
When
a
vacancy
occurs
in
the
office
of
county
supervisor
14
or
any
of
the
offices
listed
in
section
39.17
and
more
than
15
seventy
days
remain
in
the
term
of
office
following
the
next
16
general
election,
the
office
shall
be
filled
for
the
balance
17
of
the
unexpired
term
at
that
general
election
unless
the
18
vacancy
has
been
filled
by
a
special
election
called
more
19
than
seventy-three
days
before
the
primary
election.
If
20
the
vacancy
occurs
more
than
seventy-three
days
before
the
21
primary
election,
political
party
candidates
for
that
office
22
at
the
next
general
election
shall
be
nominated
at
the
primary
23
election.
If
an
appointment
to
fill
the
vacancy
in
office
is
24
made
eighty-eight
or
more
days
before
the
primary
election
and
25
a
petition
requesting
a
special
election
has
not
been
received
26
within
fourteen
days
after
the
appointment
is
made,
candidates
27
for
the
office
shall
be
nominated
at
the
primary
election.
28
Sec.
4.
Section
43.20,
subsection
1,
paragraph
d,
Code
2011,
29
is
amended
to
read
as
follows:
30
d.
If
for
an
the
office
of
county
supervisor
to
be
filled
31
by
the
voters
of
the
entire
county
or
for
the
office
of
county
32
supervisor
elected
from
a
district
within
the
county,
by
at
33
least
two
percent
of
the
party
vote
in
the
county
or
supervisor
34
district,
as
shown
by
the
last
general
election,
or
by
at
least
35
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one
hundred
persons,
whichever
is
less.
1
Sec.
5.
Section
43.52,
unnumbered
paragraph
1,
Code
2011,
2
is
amended
to
read
as
follows:
3
The
nominee
of
each
political
party
for
any
the
office
to
be
4
filled
of
county
supervisor
elected
by
the
voters
of
the
entire
5
county,
or
for
the
office
of
county
supervisor
elected
from
6
a
district
within
the
county,
shall
be
the
person
receiving
7
the
highest
number
of
votes
cast
in
the
primary
election
by
8
the
voters
of
that
party
for
the
office,
and
that
person
shall
9
appear
as
the
party’s
candidate
for
the
office
on
the
general
10
election
ballot.
11
Sec.
6.
Section
43.67,
subsection
1,
Code
2011,
is
amended
12
to
read
as
follows:
13
1.
Each
candidate
nominated
pursuant
to
section
43.52
14
or
43.65
is
entitled
to
have
the
candidate’s
name
printed
15
on
the
official
ballot
to
be
voted
at
the
general
election
16
without
other
certificate
unless
the
candidate
was
nominated
17
by
write-in
votes.
Immediately
after
the
completion
of
the
18
canvass
held
under
section
43.49
,
the
county
auditor
shall
19
notify
each
person
who
was
nominated
by
write-in
votes
for
20
a
county
the
office
of
county
supervisor
that
the
person
is
21
required
to
file
an
affidavit
of
candidacy
if
the
person
wishes
22
to
be
a
candidate
for
that
office
at
the
general
election.
23
Immediately
after
the
completion
of
the
canvass
held
under
24
section
43.63
,
the
secretary
of
state
shall
notify
each
person
25
who
was
nominated
by
write-in
votes
for
a
state
or
federal
26
office
that
the
person
is
required
to
file
an
affidavit
of
27
candidacy
if
the
person
wishes
to
be
a
candidate
for
that
28
office
at
the
general
election.
If
the
affidavit
is
not
29
filed
by
5:00
p.m.
on
the
seventh
day
after
the
completion
30
of
the
canvass,
that
person’s
name
shall
not
be
placed
upon
31
the
official
general
election
ballot.
The
affidavit
shall
be
32
signed
by
the
candidate,
notarized,
and
filed
with
the
county
33
auditor
or
the
secretary
of
state,
whichever
is
applicable.
34
Sec.
7.
Section
43.77,
subsection
5,
unnumbered
paragraph
35
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1,
Code
2011,
is
amended
to
read
as
follows:
1
A
vacancy
has
occurred
in
the
office
of
county
supervisor
2
or
in
any
of
the
offices
listed
in
section
39.17
and
the
term
3
of
office
has
more
than
seventy
days
remaining
after
the
4
date
of
the
next
general
election
and
one
of
the
following
5
circumstances
applies:
6
Sec.
8.
Section
43.78,
subsection
1,
paragraph
d,
Code
2011,
7
is
amended
to
read
as
follows:
8
d.
For
any
the
office
to
be
filled
of
county
supervisor
9
elected
by
the
voters
of
an
the
entire
county,
by
the
party’s
10
county
convention,
which
may
be
reconvened
by
the
county
party
11
chairperson
if
the
vacancy
occurs
after
the
convention
has
been
12
held
or
too
late
to
be
filled
at
the
time
it
is
held.
13
Sec.
9.
Section
43.78,
subsection
1,
paragraph
f,
Code
2011,
14
is
amended
by
striking
the
paragraph.
15
Sec.
10.
Section
43.78,
subsections
3
and
4,
Code
2011,
are
16
amended
to
read
as
follows:
17
3.
The
name
of
any
candidate
designated
to
fill
a
vacancy
on
18
the
general
election
ballot
in
accordance
with
subsection
1
,
19
paragraph
“d”
,
or
“e”
,
or
“f”
shall
be
submitted
in
writing
to
20
the
commissioner
not
later
than
5:00
p.m.
on
the
sixty-ninth
21
day
before
the
date
of
the
general
election.
22
4.
Political
party
candidates
for
a
vacant
seat
in
23
the
United
States
house
of
representatives,
the
board
of
24
supervisors,
the
elected
county
offices,
or
the
general
25
assembly
which
is
to
be
filled
at
a
special
election
called
26
pursuant
to
section
69.14
or
69.14A
shall
be
nominated
in
the
27
manner
provided
by
subsection
1
of
this
section
for
filling
a
28
vacancy
on
the
general
election
ballot
for
the
same
office.
29
The
name
of
a
candidate
so
nominated
shall
be
submitted
in
30
writing
to
the
appropriate
commissioner,
as
required
by
section
31
43.88
,
at
the
earliest
practicable
time.
32
Sec.
11.
Section
49.37,
subsection
3,
Code
2011,
is
amended
33
to
read
as
follows:
34
3.
The
commissioner
shall
arrange
the
partisan
county
35
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offices
on
the
ballot
with
the
board
of
supervisors
first,
1
followed
by
the
other
county
offices
in
the
same
sequence
in
2
which
they
appear
in
section
39.17
.
Nonpartisan
The
offices
3
listed
in
section
39.21,
subsections
1
through
4
shall
be
4
listed
on
the
ballot
after
partisan
county
offices.
5
Sec.
12.
Section
69.14A,
subsection
4,
Code
2011,
is
amended
6
to
read
as
follows:
7
4.
Notwithstanding
subsections
subsection
1
and
2
,
if
a
8
nomination
has
been
made
at
the
primary
election
for
an
office
9
in
which
a
vacancy
has
been
filled
by
appointment,
the
office
10
shall
be
filled
at
the
next
general
election,
and
not
at
any
11
special
election
in
the
same
political
subdivision.
12
Sec.
13.
Section
331.238,
subsection
3,
Code
2011,
is
13
amended
to
read
as
follows:
14
3.
An
alternative
form
of
county
government
shall
provide
15
for
the
partisan
election
of
its
governing
board
and
for
the
16
election
of
its
other
elective
officers
on
a
nonpartisan
basis
.
17
Sec.
14.
Section
331.261,
subsection
1,
paragraph
k,
Code
18
2011,
is
amended
to
read
as
follows:
19
k.
The
partisan
election
of
the
legislative
body
of
20
the
community
commonwealth
government
and
the
election
on
21
a
nonpartisan
basis
of
the
other
elective
officials
of
the
22
community
commonwealth
government
.
23
EXPLANATION
24
This
bill
provides
that
the
county
auditor,
sheriff,
county
25
treasurer,
recorder,
and
county
attorney
shall
be
elected
on
a
26
nonpartisan
basis.
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