House
File
569
-
Reprinted
HOUSE
FILE
569
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
HF
223)
(As
Amended
and
Passed
by
the
House
March
16,
2011
)
A
BILL
FOR
An
Act
relating
to
filling
vacancies
in
the
office
of
1
representative
in
Congress
and
in
elective
city
offices.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
HF
569
(3)
84
sc/nh/mb
H.F.
569
Section
1.
Section
39.3,
subsection
7,
Code
2011,
is
amended
1
to
read
as
follows:
2
7.
“General
election”
means
the
biennial
election
for
3
national
or
state
officers,
members
of
Congress
and
of
the
4
general
assembly,
county
and
township
officers,
and
for
the
5
choice
of
other
officers
or
the
decision
of
questions
as
6
provided
by
law
and,
where
applicable,
includes
the
regular
7
city
election
described
in
section
376.1
.
8
Sec.
2.
Section
43.24,
subsection
1,
paragraph
b,
Code
2011,
9
is
amended
by
adding
the
following
new
subparagraph:
10
NEW
SUBPARAGRAPH
.
(2A)
Objections
to
nominations
to
fill
11
vacancies
in
the
office
of
representative
in
Congress
at
a
12
special
election
held
under
section
69.14
shall
be
filed
with
13
the
state
commissioner
not
less
than
sixty
days
prior
to
the
14
date
set
for
the
special
election.
15
Sec.
3.
Section
43.24,
subsection
1,
paragraph
b,
16
subparagraph
(3),
Code
2011,
is
amended
to
read
as
follows:
17
(3)
Objections
to
nominations
to
fill
vacancies
in
the
18
general
assembly
at
a
special
election
held
under
section
19
69.14
,
under
which
the
forty-day
notice
of
election
provision
20
applies,
shall
be
filed
with
the
state
commissioner
not
less
21
than
fifteen
days
prior
to
the
date
set
for
the
special
22
election.
If
the
forty-day
notice
provision
does
not
apply,
23
objections
to
nominations
to
fill
vacancies
at
a
special
24
election
held
under
section
69.14
may
be
filed
any
time
prior
25
to
the
date
set
for
the
special
election.
26
Sec.
4.
Section
43.24,
subsection
2,
paragraph
b,
Code
2011,
27
is
amended
to
read
as
follows:
28
b.
If
an
objection
is
filed
to
a
nomination
to
fill
29
a
vacancy
in
the
general
assembly
at
a
special
election
30
held
under
section
69.14
,
under
which
the
forty-day
notice
31
of
election
provision
of
section
69.14
does
not
apply,
32
notice
of
the
objection
shall
be
made
to
the
candidate
by
33
the
state
commissioner
as
soon
as
practicable.
Under
this
34
paragraph,
failure
to
notify
a
candidate
of
an
objection
to
the
35
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569
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H.F.
569
candidate’s
nomination
prior
to
the
date
set
for
the
special
1
election
does
not
invalidate
the
hearing
conducted
under
2
subsection
3
.
The
hearing
to
an
objection
shall
proceed
as
3
quickly
as
possible
to
expedite
the
special
election.
4
Sec.
5.
Section
43.88,
Code
2011,
is
amended
to
read
as
5
follows:
6
43.88
Certification
of
nominations.
7
1.
Nominations
made
by
state,
district,
and
county
8
conventions,
shall,
under
the
name,
place
of
residence,
and
9
post
office
address
of
the
nominee,
and
the
office
to
which
10
nominated,
and
the
name
of
the
political
party
making
the
11
nomination,
be
forthwith
certified
to
the
proper
officer
by
12
the
chairperson
and
secretary
of
the
convention,
or
by
the
13
committee,
as
the
case
may
be,
and
if
such
certificate
is
14
received
in
time,
the
names
of
such
nominees
shall
be
printed
15
on
the
official
ballot
the
same
as
if
the
nomination
had
been
16
made
in
the
primary
election.
17
2.
Nominations
made
to
fill
vacancies
in
the
office
of
18
representative
in
Congress
at
a
special
election
shall
be
19
certified
to
the
state
commissioner
not
less
than
sixty-two
20
days
prior
to
the
date
set
for
the
special
election.
21
Nominations
made
to
fill
vacancies
in
other
offices
to
which
22
this
chapter
applies
at
a
special
election
shall
be
certified
23
to
the
proper
official
not
less
than
twenty-five
days
prior
24
to
the
date
set
for
the
special
election.
In
the
event
the
25
special
election
is
to
fill
a
vacancy
in
the
general
assembly
26
while
it
is
in
session
or
within
forty-five
days
of
the
27
convening
of
any
session,
the
nomination
shall
be
certified
28
not
less
than
fourteen
days
before
the
date
of
the
special
29
election.
30
3.
Nominations
certified
to
the
proper
official
under
this
31
section
shall
be
accompanied
by
an
affidavit
executed
by
the
32
nominee
in
substantially
the
form
required
by
section
43.67
.
33
Sec.
6.
Section
44.4,
subsection
1,
Code
2011,
is
amended
34
to
read
as
follows:
35
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569
1.
Nominations
made
pursuant
to
this
chapter
and
1
chapter
45
which
are
required
to
be
filed
in
the
office
of
2
the
state
commissioner
shall
be
filed
in
that
office
not
3
more
than
ninety-nine
days
nor
later
than
5:00
p.m.
on
the
4
eighty-first
day
before
the
date
of
the
general
election
to
5
be
held
in
November.
Nominations
made
for
a
special
election
6
called
pursuant
to
section
69.14
to
fill
vacancies
in
the
7
general
assembly
shall
be
filed
by
5:00
p.m.
not
less
than
8
twenty-five
days
before
the
date
of
an
election
called
upon
9
at
least
forty
days’
notice
and
not
less
than
fourteen
days
10
before
the
date
of
an
election
called
upon
at
least
eighteen
11
days’
notice.
Nominations
made
to
fill
vacancies
in
the
12
office
of
representative
in
Congress
at
a
special
election
13
shall
be
certified
to
the
state
commissioner
not
less
that
14
sixty-two
days
prior
to
the
date
set
for
the
special
election.
15
Nominations
made
for
a
special
election
called
pursuant
to
16
section
69.14A
shall
be
filed
by
5:00
p.m.
not
less
than
17
twenty-five
days
before
the
date
of
the
election.
Nominations
18
made
pursuant
to
this
chapter
and
chapter
45
which
are
required
19
to
be
filed
in
the
office
of
the
commissioner
shall
be
filed
20
in
that
office
not
more
than
ninety-two
days
nor
later
than
21
5:00
p.m.
on
the
sixty-ninth
day
before
the
date
of
the
general
22
election.
Nominations
made
pursuant
to
this
chapter
or
chapter
23
45
for
city
office
shall
be
filed
not
more
than
seventy-two
24
days
nor
later
than
5:00
p.m.
on
the
forty-seventh
day
before
25
the
city
election
with
the
city
clerk,
who
shall
process
them
26
as
provided
by
law.
27
Sec.
7.
Section
44.4,
subsection
2,
paragraph
a,
Code
2011,
28
is
amended
by
adding
the
following
new
subparagraphs:
29
NEW
SUBPARAGRAPH
.
(2A)
Objections
to
nominations
to
fill
30
vacancies
in
the
office
of
representative
in
Congress
at
a
31
special
election
held
under
section
69.14
shall
be
filed
with
32
the
state
commissioner
not
less
than
sixty
days
prior
to
the
33
date
set
for
the
special
election.
34
NEW
SUBPARAGRAPH
.
(2B)
Objections
to
nominations
to
35
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569
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H.F.
569
fill
vacancies
in
the
general
assembly
at
a
special
election
1
held
under
section
69.14,
under
which
the
forty-day
notice
2
of
election
provision
applies,
shall
be
filed
with
the
state
3
commissioner
not
less
than
fifteen
days
prior
to
the
date
set
4
for
the
special
election.
If
the
forty-day
notice
provision
5
does
not
apply,
objections
to
nominations
to
fill
vacancies
at
6
a
special
election
held
under
section
69.14
may
be
filed
any
7
time
prior
to
the
date
set
for
the
special
election.
8
Sec.
8.
Section
69.14,
Code
2011,
is
amended
to
read
as
9
follows:
10
69.14
Special
election
to
fill
vacancies.
11
A
special
election
to
fill
a
vacancy
shall
be
held
for
a
12
representative
in
Congress,
or
senator
or
representative
in
the
13
general
assembly,
when
the
body
in
which
such
vacancy
exists
is
14
in
session,
or
will
convene
prior
to
the
next
general
election
,
15
and
the
.
The
governor
shall
order,
not
later
than
five
days
16
from
the
date
the
vacancy
exists,
a
special
election,
giving
17
not
less
than
seventy-six
days’
notice
of
such
election
to
18
fill
a
vacancy
in
the
office
of
representative
in
Congress
or
19
forty
days’
notice
of
such
election
to
fill
a
vacancy
in
the
20
office
of
senator
or
representative
in
the
general
assembly
.
21
In
the
event
the
special
election
is
to
fill
a
vacancy
in
the
22
general
assembly
while
it
is
in
session
or
within
forty-five
23
days
of
the
convening
of
any
session,
the
time
limit
provided
24
in
this
section
shall
not
apply
and
the
governor
shall
order
25
such
special
election
at
the
earliest
practical
time,
giving
26
at
least
eighteen
days’
notice
of
the
special
election.
Any
27
special
election
called
under
this
section
must
be
held
on
28
a
Tuesday
and
shall
not
be
held
on
the
same
day
as
a
school
29
election
within
the
district.
30
Sec.
9.
Section
372.13,
subsection
2,
paragraph
a,
31
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
32
follows:
33
By
appointment
by
the
remaining
members
of
the
council,
34
except
that
if
the
remaining
members
do
not
constitute
a
quorum
35
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569
of
the
full
membership,
paragraph
“b”
shall
be
followed.
The
1
appointment
shall
be
made
within
forty
days
after
the
vacancy
2
occurs
and
shall
be
for
the
period
until
the
next
pending
3
election
as
defined
in
section
69.12
,
and
shall
be
made
within
4
forty
days
after
the
vacancy
occurs
general
election
of
a
city,
5
described
in
section
376.1
as
the
regular
city
election,
unless
6
there
is
an
intervening
special
election
to
fill
a
vacancy
7
in
another
elective
city
office
in
that
city
or
there
is
an
8
intervening
special
election
on
a
city
ballot
proposition
9
for
that
city,
in
which
case
the
office
shall
be
placed
on
10
the
ballot
at
such
intervening
election
and
the
appointee’s
11
term
of
appointment
shall
be
until
a
successor
is
elected
12
and
qualifies
.
If
the
council
chooses
to
proceed
under
this
13
paragraph,
it
shall
publish
notice
in
the
manner
prescribed
by
14
section
362.3
,
stating
that
the
council
intends
to
fill
the
15
vacancy
by
appointment
but
that
the
electors
of
the
city
or
16
ward,
as
the
case
may
be,
have
the
right
to
file
a
petition
17
requiring
that
the
vacancy
be
filled
by
a
special
election.
18
The
council
may
publish
notice
in
advance
if
an
elected
19
official
submits
a
resignation
to
take
effect
at
a
future
date.
20
The
council
may
make
an
appointment
to
fill
the
vacancy
after
21
the
notice
is
published
or
after
the
vacancy
occurs,
whichever
22
is
later.
However,
if
within
fourteen
days
after
publication
23
of
the
notice
or
within
fourteen
days
after
the
appointment
24
is
made,
there
is
filed
with
the
city
clerk
a
petition
which
25
requests
a
special
election
to
fill
the
vacancy,
an
appointment
26
to
fill
the
vacancy
is
temporary
and
the
council
shall
call
27
a
special
election
to
fill
the
vacancy
permanently,
under
28
paragraph
“b”
.
The
number
of
signatures
of
eligible
electors
of
29
a
city
for
a
valid
petition
shall
be
determined
as
follows:
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