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 TLSB 2112YC (5) 84 aw/sc
H.F. _____ 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 -1- LSB 2112YC (5) 84 aw/sc 1/ 4
H.F. _____ 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 -2- LSB 2112YC (5) 84 aw/sc 2/ 4
H.F. _____ 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 -3- LSB 2112YC (5) 84 aw/sc 3/ 4
H.F. _____ 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. 27 -4- LSB 2112YC (5) 84 aw/sc 4/ 4