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 -1- HF 569 (3) 84 sc/nh/mb 1/ 5
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 -2- HF 569 (3) 84 sc/nh/mb 2/ 5
H.F. 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 -3- HF 569 (3) 84 sc/nh/mb 3/ 5
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 -4- HF 569 (3) 84 sc/nh/mb 4/ 5
H.F. 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: 30 -5- HF 569 (3) 84 sc/nh/mb 5/ 5