S.F. 2202 Section 1. Section 44.4, subsection 1, Code 2014, is amended 1 to read as follows: 2 1. Nominations made pursuant to this chapter and chapter 3 45 which are required to be filed in the office of the state 4 commissioner shall be filed in that office not more than 5 ninety-nine days nor later than 5:00 p.m. on the eighty-first 6 day before the date of the general election to be held in 7 November. Nominations made for a special election called 8 pursuant to section 69.14 shall be filed by 5:00 p.m. not less 9 than twenty-five days before the date of an election called 10 upon at least forty days’ notice and not less than fourteen 11 days before the date of an election called upon at least 12 eighteen days’ notice. Nominations made for a special election 13 called pursuant to section 69.14A shall be filed by 5:00 p.m. 14 not less than twenty-five days before the date of the election. 15 Nominations made pursuant to this chapter and chapter 45 which 16 are required to be filed in the office of the commissioner 17 shall be filed in that office not more than ninety-two days 18 nor later than 5:00 p.m. on the sixty-ninth day before the 19 date of the general election. Nominations made pursuant to 20 this chapter or chapter 45 for city office shall be filed not 21 more than seventy-two days nor later than 5:00 p.m. on the 22 forty-seventh day before the city election with the city clerk 23 county commissioner of elections responsible under section 47.2 24 for conducting elections held for the city , who shall process 25 them as provided by law. 26 Sec. 2. Section 44.4, subsection 2, paragraph a, 27 subparagraphs (2) and (3), Code 2014, are amended to read as 28 follows: 29 (2) Those filed with the commissioner, not less than 30 sixty-four days before the date of the election , except as 31 provided in subparagraph (3) . 32 (3) Those filed with the city clerk commissioner for an 33 elective city office , at least forty-two days before the 34 regularly scheduled or special city election. However, for 35 -1- LSB 5564SV (2) 85 aw/sc 1/ 8

S.F. 2202 those cities that may be required to hold a primary election, 1 at least sixty-three days before the regularly scheduled or 2 special city election. 3 Sec. 3. Section 44.7, Code 2014, is amended to read as 4 follows: 5 44.7 Hearing before commissioner. 6 Objections Except as otherwise provided in section 44.8, 7 objections filed with the commissioner shall be considered by 8 the county auditor, county treasurer, and county attorney, 9 and a majority decision shall be final ; but . However, if the 10 objection is to the certificate of nomination of one or more 11 of the above named county officers, the officer or officers 12 objected to shall not pass upon the objection, but their places 13 shall be filled, respectively, by the chairperson of the board 14 of supervisors, the sheriff, and the county recorder. 15 Sec. 4. Section 44.8, Code 2014, is amended to read as 16 follows: 17 44.8 Hearing before mayor. 18 1. Objections filed with the city clerk pursuant to 19 section 362.4 or with the commissioner for an elective city 20 office shall be considered by the mayor and clerk and one 21 member of the council chosen by the council by ballot, and 22 a majority decision shall be final ; but . However, if the 23 objection is to the certificate of nomination of either of 24 those city officials, that official shall not pass upon said 25 the objection, but the official’s place shall be filled by a 26 member of the council against whom no such objection exists, 27 chosen as above provided. 28 2. The hearing shall be held within twenty-four hours of the 29 receipt of the objection if a primary election must be held for 30 the office sought by the candidate against whom the objection 31 has been filed. 32 Sec. 5. Section 44.9, subsections 2 and 6, Code 2014, are 33 amended to read as follows: 34 2. In the office of the proper commissioner, at least 35 -2- LSB 5564SV (2) 85 aw/sc 2/ 8

S.F. 2202 sixty-four days before the date of the election , except as 1 otherwise provided in subsection 6 . 2 6. In the office of the proper city clerk commissioner , at 3 least forty-two days before the regularly scheduled or special 4 city election. However, for those cities that may be required 5 to hold a primary election, at least sixty-three days before a 6 regularly scheduled or special city election. 7 Sec. 6. Section 44.11, Code 2014, is amended to read as 8 follows: 9 44.11 Vacancies filled. 10 If a candidate named under this chapter withdraws before the 11 deadline established in section 44.9 , declines a nomination, 12 or dies before election day, or if a certificate of nomination 13 is held insufficient or inoperative by the officer with whom 14 it is required to be filed, or in case any objection made 15 to a certificate of nomination, or to the eligibility of any 16 candidate named in the certificate, is sustained by the board 17 appointed to determine such questions, the vacancy or vacancies 18 may be filled by the convention, or caucus, or in such manner 19 as such convention or caucus has previously provided. The 20 vacancy or vacancies shall be filled not less than seventy-four 21 days before the election in the case of nominations required to 22 be filed with the state commissioner, not less than sixty-four 23 days before the election in the case of nominations required 24 to be filed with the commissioner, not less than thirty-five 25 days before the election in the case of nominations required 26 to be filed in the office of the school board secretary, 27 and not less than forty-two days before the election in the 28 case of nominations required to be filed with the city clerk 29 commissioner for city elections . 30 Sec. 7. Section 372.13, subsection 2, paragraph a, Code 31 2014, is amended to read as follows: 32 a. (1) By appointment by the remaining members of the 33 council, except that if the remaining members do not constitute 34 a quorum of the full membership, paragraph “b” shall be 35 -3- LSB 5564SV (2) 85 aw/sc 3/ 8

S.F. 2202 followed. The appointment shall be made within sixty days 1 after the vacancy occurs and shall be for the period until the 2 next pending election as defined in section 69.12 , and shall 3 be made within forty days after the vacancy occurs regular 4 city election described in section 376.1, unless there is an 5 intervening special election in that city, in which event 6 the election for the office shall be placed on the ballot 7 at such special election . If the council fails to make an 8 appointment within sixty days as required by this subsection, 9 the city clerk shall give notice of the vacancy to the county 10 commissioner and the county commissioner shall call a special 11 election to fill the vacancy at the earliest practicable date 12 but no fewer than thirty-two days after the notice is received 13 by the county commissioner. 14 (2) If the council chooses to proceed under this paragraph, 15 it shall publish notice in the manner prescribed by section 16 362.3 , stating that the council intends to fill the vacancy 17 by appointment but that the electors of the city or ward, as 18 the case may be, have the right to file a petition requiring 19 that the vacancy be filled by a special election. The council 20 may publish notice in advance if an elected official submits 21 a resignation to take effect at a future date. The council 22 may make an appointment to fill the vacancy after the notice 23 is published or after the vacancy occurs, whichever is later. 24 However, if within fourteen days after publication of the 25 notice or within fourteen days after the appointment is made, 26 there is filed with the city clerk a petition which requests a 27 special election to fill the vacancy, an appointment to fill 28 the vacancy is temporary and the council shall call a special 29 election to fill the vacancy permanently, under paragraph “b” . 30 The number of signatures of eligible electors of a city for a 31 valid petition shall be determined as follows: 32 (1) (a) For a city with a population of ten thousand or 33 less, at least two hundred signatures or at least the number of 34 signatures equal to fifteen percent of the voters who voted for 35 -4- LSB 5564SV (2) 85 aw/sc 4/ 8

S.F. 2202 candidates for the office at the preceding regular election at 1 which the office was on the ballot, whichever number is fewer. 2 (2) (b) For a city with a population of more than ten 3 thousand but not more than fifty thousand, at least one 4 thousand signatures or at least the number of signatures equal 5 to fifteen percent of the voters who voted for candidates for 6 the office at the preceding regular election at which the 7 office was on the ballot, whichever number is fewer. 8 (3) (c) For a city with a population of more than fifty 9 thousand, at least two thousand signatures or at least the 10 number of signatures equal to ten percent of the voters who 11 voted for candidates for the office at the preceding regular 12 election at which the office was on the ballot, whichever 13 number is fewer. 14 (4) (d) The minimum number of signatures for a valid 15 petition pursuant to subparagraphs (1) subparagraph divisions 16 (a) through (3) (c) shall not be fewer than ten. In 17 determining the minimum number of signatures required, if at 18 the last preceding election more than one position was to be 19 filled for the office in which the vacancy exists, the number 20 of voters who voted for candidates for the office shall be 21 determined by dividing the total number of votes cast for the 22 office by the number of seats to be filled. 23 Sec. 8. Section 376.4, subsection 1, paragraph a, Code 2014, 24 is amended to read as follows: 25 a. An eligible elector of a city may become a candidate 26 for an elective city office by filing with the city clerk 27 county commissioner of elections responsible under section 47.2 28 for conducting elections held for the city a valid petition 29 requesting that the elector’s name be placed on the ballot 30 for that office. The petition must be filed not more than 31 seventy-one days and not less than forty-seven days before the 32 date of the election, and must be signed by eligible electors 33 equal in number to at least two percent of those who voted to 34 fill the same office at the last regular city election, but not 35 -5- LSB 5564SV (2) 85 aw/sc 5/ 8

S.F. 2202 less than ten persons. However, for those cities which may be 1 required to hold a primary election, the petition must be filed 2 not more than eighty-five days and not less than sixty-eight 3 days before the date of the regular city election. Nomination 4 petitions shall be filed not later than 5:00 p.m. on the last 5 day for filing. 6 Sec. 9. Section 376.4, subsections 3, 4, and 5, Code 2014, 7 are amended to read as follows: 8 3. If the city clerk is not readily available during normal 9 office hours, the city clerk shall designate other employees or 10 officials of the city who are ordinarily available to accept 11 nomination papers under this section . On the final date for 12 filing nomination papers the office of the city clerk county 13 commissioner shall remain open until 5:00 p.m. 14 4. The city clerk county commissioner shall review each 15 petition and affidavit of candidacy for completeness following 16 the standards in section 45.5 and shall accept the petition 17 for filing if on its face it appears to have the requisite 18 number of signatures and if it is timely filed. The city 19 clerk county commissioner shall note upon each petition and 20 affidavit accepted for filing the date and time that they were 21 filed. The clerk county commissioner shall return any rejected 22 nomination papers to the person on whose behalf the nomination 23 papers were filed. 24 5. Nomination papers filed with the city clerk county 25 commissioner shall be available for public inspection. 26 5A. The city clerk shall deliver all nomination papers 27 together with the text of any public measure being submitted by 28 the city council to the electorate to the county commissioner 29 of elections on the day following no later than the last day 30 on which nomination petitions can be filed, and not later than 31 5:00 p.m. on that day. 32 Sec. 10. Section 376.11, subsections 3, 4, and 5, Code 2014, 33 are amended to read as follows: 34 3. In city primary elections any person who receives 35 -6- LSB 5564SV (2) 85 aw/sc 6/ 8

S.F. 2202 write-in votes shall execute an affidavit in substantially the 1 form required by section 45.3 , and file it with the county 2 commissioner of elections or the city clerk not later than 5:00 3 p.m. on the day after the canvass of the primary election. 4 If any person who received write-in votes fails to file the 5 affidavit at the time required, the county commissioner shall 6 disregard the write-in votes cast for that person. A notation 7 shall be made on the abstract of votes showing which persons 8 who received write-in votes filed affidavits. The total number 9 of votes cast for each office on the ballot shall be amended by 10 subtracting the write-in votes of those candidates who failed 11 to file the affidavit. It is not necessary for a candidate 12 whose name was printed upon the ballot to file an affidavit. 13 Of the remaining candidates, those who receive the highest 14 number of votes to the extent of twice the number of unfilled 15 positions shall be placed on the ballot for the regular city 16 election as candidates for that office. 17 4. In cities in which the city council has chosen a runoff 18 election in lieu of a primary, if a person who was elected 19 by write-in votes chooses not to accept the office by filing 20 a resignation notice with the city clerk or commissioner of 21 elections not later than 5:00 p.m. on the day following the 22 canvass, all remaining persons who received write-in votes and 23 who wish to be considered candidates for the runoff election 24 shall execute an affidavit in substantially the form required 25 by section 45.3 and file it with the county commissioner or 26 the city clerk not later than 5:00 p.m. of the fourth day 27 following the canvass. If a person receiving write-in votes 28 fails to file the affidavit at the time required, the county 29 commissioner of elections shall disregard the write-in votes 30 cast for that person. The abstract of votes shall be amended 31 to show that the person who was declared elected declined the 32 office and a notation shall be made next to the names of those 33 persons who did not file the affidavit. A runoff election 34 shall be held with the remaining candidates who have the 35 -7- LSB 5564SV (2) 85 aw/sc 7/ 8

S.F. 2202 highest number of votes to the extent of twice the number of 1 unfilled positions. 2 5. In a city in which the council has chosen a runoff 3 election, if no person was declared elected for an office, all 4 persons who received write-in votes shall execute an affidavit 5 in substantially the form required by section 45.3 and file it 6 with the county commissioner of elections or the city clerk not 7 later than 5:00 p.m. on the day following the canvass of votes. 8 If any person who received write-in votes fails to file the 9 affidavit, the county commissioner of elections shall disregard 10 the write-in votes cast for that person. The abstract of votes 11 shall be amended to note which of the write-in candidates 12 failed to file the affidavit. A runoff election shall be held 13 with the remaining candidates who have the highest number of 14 votes to the extent of twice the number of unfilled positions. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to city elections. 19 The bill requires that if a vacancy in an elective city 20 office is filled by appointment of the remaining members of 21 the city council, that such appointment be for the period 22 until the next regular city election, as defined in statute. 23 If, however, there is an intervening special election in that 24 city, then the election for the office shall be placed on the 25 ballot at the special election. The bill requires that if 26 an appointment is not made within 60 days after the vacancy 27 occurs, the county commissioner of elections shall call a 28 special election to fill the vacancy. 29 The bill further requires that nomination petitions and 30 affidavits of candidacy for elective city office, withdrawals 31 of such nominations, and objections to nominations be filed 32 with the county commissioner of elections responsible for 33 conducting elections for the city. 34 -8- LSB 5564SV (2) 85 aw/sc 8/ 8