S.F. 101 Section 1. Section 39.21, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5. The county officers described in 3 sections 39.17 and 39.18. 4 Sec. 2. Section 43.6, Code 2017, is amended to read as 5 follows: 6 43.6 Nomination of U. S. senators , and state and county 7 officers. 8 1. Candidates for the office of senator in the Congress 9 of the United States , and the offices listed in section 39.9 , 10 county supervisor, and the offices listed in section 39.17 11 shall be nominated in the year preceding the expiration of the 12 term of office of the incumbent. 13 1. 2. When a vacancy occurs in the office of senator in 14 the Congress of the United States, secretary of state, auditor 15 of state, treasurer of state, secretary of agriculture, or 16 attorney general and section 69.13 requires that the vacancy 17 be filled for the balance of the unexpired term at a general 18 election, candidates for the office shall be nominated in the 19 preceding primary election if the vacancy occurs eighty-nine 20 or more days before the date of that primary election. If the 21 vacancy occurs less than one hundred four days before the date 22 of that primary election, the state commissioner shall accept 23 nomination papers for that office only until 5:00 p.m. on the 24 seventy-fourth day before the primary election, the provisions 25 of section 43.11 notwithstanding. If the vacancy occurs later 26 than eighty-nine days before the date of that primary election, 27 but not less than eighty-nine days before the date of the 28 general election, the nominations shall be made in the manner 29 prescribed by this chapter for filling vacancies in nominations 30 for offices to be voted for at the general election. 31 2. When a vacancy occurs in the office of county supervisor 32 or any of the offices listed in section 39.17 and more than 33 seventy days remain in the term of office following the next 34 general election, the office shall be filled for the balance 35 -1- LSB 1028XS (3) 87 aw/sc 1/ 9

S.F. 101 of the unexpired term at that general election unless the 1 vacancy has been filled by a special election called more 2 than seventy-three days before the primary election. If 3 the vacancy occurs more than seventy-three days before the 4 primary election, political party candidates for that office 5 at the next general election shall be nominated at the primary 6 election. If an appointment to fill the vacancy in office is 7 made eighty-eight or more days before the primary election and 8 a petition requesting a special election has not been received 9 within fourteen days after the appointment is made, candidates 10 for the office shall be nominated at the primary election. 11 Sec. 3. Section 43.11, Code 2017, is amended to read as 12 follows: 13 43.11 Filing of nomination papers. 14 Nomination papers in behalf of a candidate shall be filed: 15 1. For an elective county office, in the office of the 16 county commissioner not earlier than ninety-two days nor later 17 than 5:00 p.m. on the sixty-ninth day before the day fixed for 18 holding the primary election. 19 2. For Nomination papers in behalf of a candidate 20 for United States senator, for an elective state office, 21 for representative in Congress, and for member of the 22 general assembly, shall be filed in the office of the state 23 commissioner not earlier than ninety-nine days nor later than 24 5:00 p.m. on the eighty-first day before the day fixed for 25 holding the primary election. 26 Sec. 4. Section 43.15, subsection 3, Code 2017, is amended 27 to read as follows: 28 3. All signers, for all nominations, of each separate 29 part of a nomination paper, shall reside in the same county, 30 representative or senatorial district for members of the 31 general assembly. In counties where the supervisors are 32 elected from districts, signers of nomination petitions for 33 supervisor candidates shall reside in the supervisor district 34 the candidate seeks to represent. 35 -2- LSB 1028XS (3) 87 aw/sc 2/ 9

S.F. 101 Sec. 5. Section 43.20, subsection 1, paragraph d, Code 2017, 1 is amended by striking the paragraph. 2 Sec. 6. Section 43.24, subsection 1, paragraph b, 3 subparagraph (2), Code 2017, is amended by striking the 4 subparagraph. 5 Sec. 7. Section 43.24, subsection 3, paragraph b, Code 2017, 6 is amended by striking the paragraph. 7 Sec. 8. Section 43.51, Code 2017, is amended to read as 8 follows: 9 43.51 Finality of canvass. 10 Such canvass and certificate shall be final as to all 11 candidates for nomination to any elective county office or 12 office of a subdivision of a county special charter city . 13 Sec. 9. Section 43.53, Code 2017, is amended to read as 14 follows: 15 43.53 Nominees for subdivision special charter city office 16 —— write-in candidates. 17 The nominee of each political party for any office to be 18 filled by the voters of any political subdivision special 19 charter city within the county shall be the person receiving 20 the highest number of votes cast in the primary election by 21 the voters of that party for the office. That person shall 22 appear as the party’s candidate for the office on the general 23 election ballot. A person whose name is not printed on the 24 official primary ballot shall not be declared nominated as a 25 candidate for such office in the general regular city election 26 unless that person receives at least five votes. Nomination of 27 a candidate for the office of county supervisor elected from a 28 district within the county shall be governed by section 43.52 29 and not by this section . 30 Sec. 10. Section 43.62, subsection 1, Code 2017, is amended 31 to read as follows: 32 1. The names of the candidates nominated by the electors of 33 the county or subdivision thereof a special charter city and 34 the offices for which they are so nominated. 35 -3- LSB 1028XS (3) 87 aw/sc 3/ 9

S.F. 101 Sec. 11. Section 43.66, Code 2017, is amended to read as 1 follows: 2 43.66 Write-in candidates. 3 The fact that the candidate who receives the highest number 4 of votes cast for any party’s nomination for an office to 5 which section 43.52 or 43.65 is applicable is a person whose 6 name was not printed on the official primary election ballot 7 shall not affect the validity of the person’s nomination as a 8 candidate for that office in the general election. However, 9 if there is no candidate on the official primary ballot of 10 a political party for nomination to a particular office, a 11 write-in candidate may obtain the party’s nomination to that 12 office in the primary if the candidate receives a number of 13 votes equal to at least thirty-five percent of the total vote 14 cast for all of that party’s candidates for that office in 15 the last preceding primary election for which the party had 16 candidates on the ballot for that office. If there have been 17 no candidates from a political party for a seat in the general 18 assembly since the most recent redistricting of the general 19 assembly, a write-in candidate shall be considered nominated 20 who receives a number of votes equal to at least thirty-five 21 percent of the total votes cast, at the last preceding primary 22 election in the precincts which currently constitute the 23 general assembly district, for all of that party’s candidates 24 for representative in the Congress of the United States or 25 who receives at least one hundred votes, whichever number is 26 greater. When two or more nominees are required, the division 27 procedure prescribed in section 43.52 shall be applied to 28 establish the minimum number of write-in votes necessary for 29 nomination. If the primary is inconclusive, the necessary 30 nominations shall be made in accordance with section 43.78, 31 subsection 1 . 32 Sec. 12. Section 43.67, subsection 1, Code 2017, is amended 33 to read as follows: 34 1. Each candidate nominated pursuant to section 43.52 35 -4- LSB 1028XS (3) 87 aw/sc 4/ 9

S.F. 101 or 43.65 is entitled to have the candidate’s name printed 1 on the official ballot to be voted at the general election 2 without other certificate unless the candidate was nominated 3 by write-in votes. Immediately after the completion of 4 the canvass held under section 43.49 , the county auditor 5 shall notify each person who was nominated by write-in votes 6 for a county office that the person is required to file an 7 affidavit of candidacy if the person wishes to be a candidate 8 for that office at the general election. Immediately after 9 the completion of the canvass held under section 43.63 , the 10 secretary of state shall notify each person who was nominated 11 by write-in votes for a state or federal office that the 12 person is required to file an affidavit of candidacy if the 13 person wishes to be a candidate for that office at the general 14 election. If the affidavit is not filed by 5:00 p.m. on the 15 seventh day after the completion of the canvass, that person’s 16 name shall not be placed upon the official general election 17 ballot. The affidavit shall be signed by the candidate, 18 notarized, and filed with the county auditor or the secretary 19 of state , whichever is applicable . 20 Sec. 13. Section 43.77, subsection 2, Code 2017, is amended 21 to read as follows: 22 2. The primary election was inconclusive as to that office 23 because no candidate for the party’s nomination for that office 24 received the number of votes required by section 43.52, 43.53 , 25 or 43.65 , whichever is applicable. 26 Sec. 14. Section 43.77, subsection 5, Code 2017, is amended 27 by striking the subsection. 28 Sec. 15. Section 43.78, subsection 1, paragraphs d, e, and 29 f, Code 2017, are amended by striking the paragraphs. 30 Sec. 16. Section 43.78, subsection 3, Code 2017, is amended 31 by striking the subsection. 32 Sec. 17. Section 43.78, subsection 4, Code 2017, is amended 33 to read as follows: 34 4. Political party candidates for a vacant seat in 35 -5- LSB 1028XS (3) 87 aw/sc 5/ 9

S.F. 101 the United States house of representatives , the board of 1 supervisors, the elected county offices, or the general 2 assembly which is to be filled at a special election called 3 pursuant to section 69.14 or 69.14A shall be nominated in the 4 manner provided by subsection 1 of this section for filling a 5 vacancy on the general election ballot for the same office. 6 The name of a candidate so nominated shall be submitted in 7 writing to the appropriate commissioner, as required by section 8 43.88 , at the earliest practicable time. 9 Sec. 18. Section 43.79, Code 2017, is amended to read as 10 follows: 11 43.79 Death of candidate after time for withdrawal. 12 The death of a candidate nominated as provided by law for any 13 office to be filled at a general election , during the period 14 beginning on the eighty-eighth day before the general election , 15 in the case of any candidate whose nomination papers were filed 16 with the state commissioner, or beginning on the seventy-third 17 day before the general election, in the case of any candidate 18 whose nomination papers were filed with the commissioner, 19 and ending on the last day before the general election shall 20 not operate to remove the deceased candidate’s name from the 21 general election ballot. If the deceased candidate was seeking 22 the office of senator or representative in the Congress of 23 the United States, governor, attorney general, or senator or 24 representative in the general assembly or county supervisor , 25 section 49.58 shall control. If the deceased candidate was 26 seeking any other office, and as a result of the candidate’s 27 death a vacancy is subsequently found to exist, the vacancy 28 shall be filled as provided by chapter 69 . 29 Sec. 19. Section 49.37, subsection 3, Code 2017, is amended 30 to read as follows: 31 3. The commissioner shall arrange the partisan county 32 offices on the ballot with the board of supervisors first, 33 followed by the other county offices in the same sequence in 34 which they appear in section 39.17 . Nonpartisan , followed by 35 -6- LSB 1028XS (3) 87 aw/sc 6/ 9

S.F. 101 the offices shall be listed after partisan offices in section 1 39.21, in the same sequence in which they appear in that 2 section . 3 Sec. 20. Section 49.104, subsection 5, Code 2017, is amended 4 to read as follows: 5 5. One observer at a time representing any nonparty 6 political organization, any candidate nominated by petition 7 pursuant to chapter 45 , or any other nonpartisan candidate 8 in a city or school election, appearing on the ballot of the 9 election in progress. Candidates who send observers to the 10 polls shall provide each observer with a letter of appointment 11 in the form prescribed by the state commissioner. 12 Sec. 21. Section 53.23, subsection 4, Code 2017, is amended 13 to read as follows: 14 4. The room where members of the special precinct election 15 board are engaged in counting absentee ballots on the day 16 before the election pursuant to subsection 3 , paragraph “c” , 17 or during the hours the polls are open shall be policed so 18 as to prevent any person other than those whose presence is 19 authorized by this subsection from obtaining information 20 about the progress of the count. The only persons who may 21 be admitted to that room are the members of the board, one 22 challenger representing each political party, one observer 23 representing any nonparty political organization or any 24 candidate nominated by petition pursuant to chapter 45 or 25 any other nonpartisan candidate in a city or school election 26 appearing on the ballot of the election in progress, one 27 observer representing persons supporting a public measure 28 appearing on the ballot and one observer representing 29 persons opposed to such measure, and the commissioner or the 30 commissioner’s designee. It shall be unlawful for any of these 31 persons to communicate or attempt to communicate, directly or 32 indirectly, information regarding the progress of the count at 33 any time while the board is convened pursuant to subsection 3 , 34 paragraph “c” , or at any time before the polls are closed. 35 -7- LSB 1028XS (3) 87 aw/sc 7/ 9

S.F. 101 Sec. 22. Section 69.12, unnumbered paragraph 1, Code 2017, 1 is amended to read as follows: 2 When Except as otherwise provided in section 69.14A, when 3 a vacancy occurs in any nonpartisan elective office of a 4 political subdivision of this state, and the statutes governing 5 the office in which the vacancy occurs require that it be 6 filled by election or are silent as to the method of filling 7 the vacancy, it shall be filled pursuant to this section . As 8 used in this section , “pending election” means any election 9 at which there will be on the ballot either the office in 10 which the vacancy exists, or any other office to be filled or 11 any public question to be decided by the voters of the same 12 political subdivision in which the vacancy exists. 13 Sec. 23. Section 69.14A, subsection 4, Code 2017, is amended 14 by striking the subsection. 15 Sec. 24. Section 331.238, subsection 3, Code 2017, is 16 amended to read as follows: 17 3. An alternative form of county government shall provide 18 for the partisan nonpartisan election of its officers. 19 Sec. 25. Section 331.261, subsection 1, paragraph k, Code 20 2017, is amended to read as follows: 21 k. The partisan nonpartisan election of community 22 commonwealth government officials. 23 Sec. 26. REPEAL. Sections 43.52 and 43.54, Code 2017, are 24 repealed. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill requires that county supervisors, auditors, 29 sheriffs, treasurers, recorders, and attorneys be elected on a 30 nonpartisan basis. Under the bill, a nonpartisan candidate for 31 county office is extended the same rights to observe elections 32 conduct that are provided to nonpartisan candidates for city 33 and school district office under current law. The bill makes 34 corresponding changes, but maintains current law related to the 35 -8- LSB 1028XS (3) 87 aw/sc 8/ 9