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House File 56 - IntroducedA Bill ForAn Act 1providing for the nonpartisan election and nomination by
2county primary election of county officers.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 39.21, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 5. The county officers described in
4sections 39.17 and 39.18.
5 Sec. 2. Section 43.6, Code 2019, is amended to read as
6follows:
743.6 Nomination of U.S. senators, and state and county
8 officers.
91. Candidates for the office of senator in the Congress
10of the United States, and the offices listed in section 39.9,
11county supervisor, and the offices listed in section 39.17
12 shall be nominated in the year preceding the expiration of the
13term of office of the incumbent.
141. 2. When a vacancy occurs in the office of senator in
15the Congress of the United States, secretary of state, auditor
16of state, treasurer of state, secretary of agriculture, or
17attorney general and section 69.13 requires that the vacancy
18be filled for the balance of the unexpired term at a general
19election, candidates for the office shall be nominated in the
20preceding primary election if the vacancy occurs eighty-nine
21or more days before the date of that primary election. If the
22vacancy occurs less than one hundred four days before the date
23of that primary election, the state commissioner shall accept
24nomination papers for that office only until 5:00 p.m.on the
25seventy-fourth day before the primary election, the provisions
26of section 43.11 notwithstanding. If the vacancy occurs later
27than eighty-nine days before the date of that primary election,
28but not less than eighty-one days before the date of the
29general election, the nominations shall be made in the manner
30prescribed by this chapter for filling vacancies in nominations
31for offices to be voted for at the general election.
322. When a vacancy occurs in the office of county supervisor
33or any of the offices listed in section 39.17 and more than
34seventy days remain in the term of office following the next
35general election, the office shall be filled for the balance
-1-1of the unexpired term at that general election unless the
2vacancy has been filled by a special election called more
3than seventy-three days before the primary election. If
4the vacancy occurs more than seventy-three days before the
5primary election, political party candidates for that office
6at the next general election shall be nominated at the primary
7election. If an appointment to fill the vacancy in office is
8made eighty-eight or more days before the primary election and
9a petition requesting a special election has not been received
10within fourteen days after the appointment is made, candidates
11for the office shall be nominated at the primary election.
12 Sec. 3. Section 43.11, Code 2019, is amended to read as
13follows:
1443.11 Filing of nomination papers.
15Nomination papers in behalf of a candidate shall be filed:
161. For an elective county office, in the office of the
17county commissioner not earlier than ninety-two days nor later
18than 5:00 p.m.on the sixty-ninth day before the day fixed for
19holding the primary election.
202. For Nomination papers in behalf of a candidate
21for United States senator, for an elective state office,
22for representative in Congress, and for member of the
23general assembly, shall be filed in the office of the state
24commissioner not earlier than ninety-nine days nor later than
255:00 p.m.on the eighty-first day before the day fixed for
26holding the primary election.
27 Sec. 4. Section 43.15, subsection 3, Code 2019, is amended
28to read as follows:
293. All signers, for all nominations, of each separate
30part of a nomination paper, shall reside in the same county,
31 representative or senatorial district for members of the
32general assembly. In counties where the supervisors are
33elected from districts, signers of nomination petitions for
34supervisor candidates shall reside in the supervisor district
35the candidate seeks to represent.
-2-1 Sec. 5. Section 43.20, subsection 1, paragraph d, Code 2019,
2is amended by striking the paragraph.
3 Sec. 6. Section 43.24, subsection 1, paragraph b,
4subparagraph (2), Code 2019, is amended by striking the
5subparagraph.
6 Sec. 7. Section 43.24, subsection 3, paragraph b, Code 2019,
7is amended by striking the paragraph.
8 Sec. 8. Section 43.51, Code 2019, is amended to read as
9follows:
1043.51 Finality of canvass.
11Such canvass and certificate shall be final as to all
12candidates for nomination to any elective county office or
13 office of a subdivision of a county special charter city.
14 Sec. 9. Section 43.53, Code 2019, is amended to read as
15follows:
1643.53 Nominees for subdivision special charter city office
17— write-in candidates.
18The nominee of each political party for any office to be
19filled by the voters of any political subdivision special
20charter city within the county shall be the person receiving
21the highest number of votes cast in the primary election by
22the voters of that party for the office. That person shall
23appear as the party’s candidate for the office on the general
24election ballot. A person whose name is not printed on the
25official primary ballot shall not be declared nominated as a
26candidate for such office in the general regular city election
27unless that person receives at least five votes. Nomination of
28a candidate for the office of county supervisor elected from a
29district within the county shall be governed by section 43.52
30 and not by this section.
31 Sec. 10. Section 43.66, Code 2019, is amended to read as
32follows:
3343.66 Write-in candidates.
34The fact that the candidate who receives the highest number
35of votes cast for any party’s nomination for an office to
-3-1which section 43.52 or 43.65 is applicable is a person whose
2name was not printed on the official primary election ballot
3shall not affect the validity of the person’s nomination as a
4candidate for that office in the general election. However,
5if there is no candidate on the official primary ballot of
6a political party for nomination to a particular office, a
7write-in candidate may obtain the party’s nomination to that
8office in the primary if the candidate receives a number of
9votes equal to at least thirty-five percent of the total vote
10cast for all of that party’s candidates for that office in
11the last preceding primary election for which the party had
12candidates on the ballot for that office. If there have been
13no candidates from a political party for a seat in the general
14assembly since the most recent redistricting of the general
15assembly, a write-in candidate shall be considered nominated
16who receives a number of votes equal to at least thirty-five
17percent of the total votes cast, at the last preceding primary
18election in the precincts which currently constitute the
19general assembly district, for all of that party’s candidates
20for representative in the Congress of the United States or
21who receives at least one hundred votes, whichever number is
22greater. When two or more nominees are required, the division
23procedure prescribed in section 43.52 shall be applied to
24establish the minimum number of write-in votes necessary for
25nomination. If the primary is inconclusive, the necessary
26nominations shall be made in accordance with section 43.78,
27subsection 1.
28 Sec. 11. Section 43.67, subsection 1, Code 2019, is amended
29to read as follows:
301. Each candidate nominated pursuant to section 43.52
31or 43.65 or 43A.3 is entitled to have the candidate’s name
32printed on the official ballot to be voted at the general
33election without other certificate unless the candidate was
34nominated by write-in votes. Immediately after the completion
35of the canvass held under section 43.49, the county auditor
-4-1shall notify each person who was nominated by write-in votes
2for a county office that the person is required to file an
3affidavit of candidacy if the person wishes to be a candidate
4for that office at the general election. Immediately after
5the completion of the canvass held under section 43.63, the
6secretary of state shall notify each person who was nominated
7by write-in votes for a state or federal office that the
8person is required to file an affidavit of candidacy if the
9person wishes to be a candidate for that office at the general
10election. If the affidavit is not filed by 5:00 p.m.on the
11seventh day after the completion of the canvass, that person’s
12name shall not be placed upon the official general election
13ballot. The affidavit shall be signed by the candidate,
14notarized, and filed with the county auditor or the secretary
15of state, whichever is applicable.
16 Sec. 12. Section 43.77, subsection 2, Code 2019, is amended
17to read as follows:
182. The primary election was inconclusive as to that office
19because no candidate for the party’s nomination for that office
20received the number of votes required by section 43.52, 43.53,
21 or 43.65, whichever is applicable.
22 Sec. 13. Section 43.77, subsection 5, Code 2019, is amended
23by striking the subsection.
24 Sec. 14. Section 43.78, subsection 1, paragraphs d, e, and
25f, Code 2019, are amended by striking the paragraphs.
26 Sec. 15. Section 43.78, subsection 3, Code 2019, is amended
27by striking the subsection.
28 Sec. 16. Section 43.78, subsection 4, Code 2019, is amended
29to read as follows:
304. Political party candidates for a vacant seat in
31the United States house of representatives, the board of
32supervisors, the elected county offices, or the general
33assembly which is to be filled at a special election called
34pursuant to section 69.14 or 69.14A shall be nominated in the
35manner provided by subsection 1 of this section for filling a
-5-1vacancy on the general election ballot for the same office.
2The name of a candidate so nominated shall be submitted in
3writing to the appropriate commissioner, as required by section
443.88, at the earliest practicable time.
5 Sec. 17. Section 43.79, Code 2019, is amended to read as
6follows:
743.79 Death of candidate after time for withdrawal.
8The death of a candidate nominated as provided by law for any
9office to be filled at a general election, during the period
10beginning on the eighty-first day before the general election,
11in the case of any candidate whose nomination papers were filed
12with the state commissioner, or beginning on the seventy-third
13day before the general election, in the case of any candidate
14whose nomination papers were filed with the commissioner,
15 and ending on the last day before the general election shall
16not operate to remove the deceased candidate’s name from the
17general election ballot. If the deceased candidate was seeking
18the office of senator or representative in the Congress of
19the United States, governor, attorney general, or senator or
20representative in the general assembly or county supervisor,
21section 49.58 shall control. If the deceased candidate was
22seeking any other office, and as a result of the candidate’s
23death a vacancy is subsequently found to exist, the vacancy
24shall be filled as provided by chapter 69.
25 Sec. 18. NEW SECTION. 43A.1 County primary election.
26At the same time and on the same ballot as the primary
27election, and in all respects governed and conducted as
28prescribed by law for the primary election, except as otherwise
29provided in this chapter, there shall be conducted a county
30primary election for the nonpartisan county offices described
31in sections 39.17 and 39.18.
32 Sec. 19. NEW SECTION. 43A.2 Nominations — objections.
331. Nomination papers in behalf of a candidate for an
34elective county office, required pursuant to chapter 44 or 45,
35shall be filed in the office of the county commissioner not
-6-1earlier than ninety-two days nor later than 5:00 p.m.on the
2sixty-ninth day before the day fixed for holding the county
3primary election.
42. In counties where the supervisors are elected from
5districts, signers of nomination petitions for supervisor
6candidates shall reside in the supervisor district the
7candidate seeks to represent and be signed by eligible electors
8who are residents of the district equal in number to at least
9one percent of the number of registered voters in the district
10on July 1 in the year preceding the year in which the office
11will appear on the ballot, or by at least two hundred fifty
12eligible electors who are residents of the county, whichever
13is less.
143. Objections shall be filed with the commissioner not less
15than sixty-four days before the date of the election.
16 Sec. 20. NEW SECTION. 43A.3 Finality of canvass.
17The canvass by the board of supervisors conducted pursuant
18to section 43.49 and certification under section 43.50 shall
19be final as to all candidates for nomination to any elective
20county office.
21 Sec. 21. NEW SECTION. 43A.4 Nominees for county office.
221. The nominees for any office to be filled by the voters
23of the entire county, except for the nominees for county
24supervisor when multiple county supervisors will be elected
25at the same general election, or for the office of county
26supervisor elected from a district within the county, shall be
27the two persons receiving the greatest number of votes cast in
28the county primary election by the voters, and those persons
29shall appear on the general election ballot.
302. For the nominees for county supervisor to be filled
31by the voters of the entire county when multiple county
32supervisors will be elected at the same general election, the
33number of nominees to appear on the election ballot shall
34be twice the number of seats to be elected at the general
35election. The required number of persons who receive the
-7-1greatest number of votes cast in the county primary election by
2the voters of the county shall be the nominees for the general
3election, but no candidate is nominated who fails to receive
4thirty-five percent of the number of votes found by dividing
5the number of votes cast by voters for the office in question
6by the number of persons to be elected to that office. If the
7county primary election is inconclusive under this paragraph,
8the names of all candidates that appeared on the county primary
9election ballot shall appear on the general election ballot.
103. Immediately after the completion of the canvass, the
11county auditor shall notify each person who was nominated by
12write-in votes for a county office that the person is required
13to file an affidavit of candidacy if the person wishes to be
14a candidate for that office at the general election. The
15affidavit shall be signed by the candidate, notarized, and
16filed with the county auditor.
17 Sec. 22. NEW SECTION. 43A.5 Withdrawal of nominated
18candidate.
19A candidate nominated for a county office in a county primary
20election may withdraw as a nominee for that office on or
21before, but not later than, the seventy-fourth day before the
22date of the general election by so notifying the commissioner
23in writing.
24 Sec. 23. NEW SECTION. 43A.6 Right to place on ballot.
25Each candidate nominated pursuant to section 43A.3 is
26entitled to have the candidate’s name printed on the official
27ballot to be voted for at the general election if the candidate
28files an affidavit in the form required by section 43.67
29not later than 5:00 p.m.on the seventh day following the
30completion of the canvass.
31 Sec. 24. Section 49.37, subsection 4, Code 2019, is amended
32to read as follows:
334. The commissioner shall arrange the partisan county
34offices on the ballot with the board of supervisors first,
35followed by the other county offices in the same sequence in
-8-1which they appear in section 39.17. Nonpartisan, followed by
2the offices shall be listed after partisan offices in section
339.21, in the same sequence in which they appear in that
4section.
5 Sec. 25. Section 49.104, subsection 5, Code 2019, is amended
6to read as follows:
75. One observer at a time representing any nonparty
8political organization, any candidate nominated by petition
9pursuant to chapter 45, or any other nonpartisan candidate
10in a city or school election, appearing on the ballot of the
11election in progress. Candidates who send observers to the
12polls shall provide each observer with a letter of appointment
13in the form prescribed by the state commissioner.
14 Sec. 26. Section 53.23, subsection 4, Code 2019, is amended
15to read as follows:
164. The room where members of the special precinct election
17board are engaged in counting absentee ballots on the day
18before the election pursuant to subsection 3, paragraph “c”,
19or during the hours the polls are open shall be policed so
20as to prevent any person other than those whose presence is
21authorized by this subsection from obtaining information
22about the progress of the count. The only persons who may
23be admitted to that room are the members of the board, five
24challengers representing each political party, one observer
25representing any nonparty political organization or any
26candidate nominated by petition pursuant to chapter 45 or
27any other nonpartisan candidate in a city or school election
28 appearing on the ballot of the election in progress, one
29observer representing persons supporting a public measure
30appearing on the ballot and one observer representing
31persons opposed to such measure, and the commissioner or the
32commissioner’s designee. It shall be unlawful for any of these
33persons to communicate or attempt to communicate, directly or
34indirectly, information regarding the progress of the count at
35any time while the board is convened pursuant to subsection 3,
-9-1paragraph “c”, or at any time before the polls are closed.
2 Sec. 27. Section 69.12, unnumbered paragraph 1, Code 2019,
3is amended to read as follows:
4When Except as otherwise provided in section 69.14A, when
5 a vacancy occurs in any nonpartisan elective office of a
6political subdivision of this state, and the statutes governing
7the office in which the vacancy occurs require that it be
8filled by election or are silent as to the method of filling
9the vacancy, it shall be filled pursuant to this section. As
10used in this section, “pending election” means any election
11at which there will be on the ballot either the office in
12which the vacancy exists, or any other office to be filled or
13any public question to be decided by the voters of the same
14political subdivision in which the vacancy exists.
15 Sec. 28. Section 69.14A, subsection 4, Code 2019, is amended
16by striking the subsection.
17 Sec. 29. Section 331.238, subsection 3, Code 2019, is
18amended to read as follows:
193. An alternative form of county government shall provide
20for the partisan nonpartisan election of its officers.
21 Sec. 30. Section 331.261, subsection 1, paragraph k, Code
222019, is amended to read as follows:
23k. The partisan nonpartisan election of community
24commonwealth government officials.
25 Sec. 31. Section 331.383, Code 2019, is amended to read as
26follows:
27331.383 Duties and powers relating to elections.
28The board shall ensure that the county commissioner of
29elections conducts primary, county primary, general, city,
30school, and special elections in accordance with applicable
31state law. The board shall canvass elections in accordance
32with sections 43.49 to 43.51, 43.60 to 43.62, 46.24, 50.13,
3350.24 to 50.29, 50.44 to 50.47, 260C.39, 275.25, 277.20, 376.1,
34376.7, and 376.9. The board shall prepare and deliver a list
35of persons nominated in accordance with section 43.55, provide
-10-1for a recount in accordance with section 50.48, provide for
2election precincts in accordance with sections 49.3, 49.4, 49.6
3to 49.8, and 49.11, pay election costs as provided in section
447.3, participate in election contests as provided in sections
562.1A and 62.9, and perform other election duties required by
6state law. The board may provide for the use of an optical scan
7voting system as provided in sections 52.2, 52.3, and 52.8, and
8exercise other election powers as provided by state law.
9 Sec. 32. REPEAL. Sections 43.52 and 43.54, Code 2019, are
10repealed.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill requires that county supervisors, auditors,
15sheriffs, treasurers, recorders, and attorneys be nominated and
16elected on a nonpartisan basis. The bill establishes a county
17primary election for the nomination of nonpartisan county
18officers to the general election ballot. The county primary
19election is required to be administered concurrently with the
20primary election, as provided for in the bill. Under the bill,
21the number of candidates to be nominated at the county primary
22election is required to be twice the number of officers to
23be elected to a particular office at the general election.
24The candidates receiving the greatest number of votes in the
25county primary election are nominated and entitled to have the
26candidate’s name printed on the official ballot to be voted for
27at the general election, as provided for under the bill.
28Under the bill, nonpartisan candidates for county office
29and other nonpartisan candidates are extended the same rights
30to observe elections conduct that are provided to nonpartisan
31candidates for city and school district office under current
32law. The bill also makes corresponding changes, and maintains
33current law related to the conduct of partisan elections for
34special charter cities.
-11-ss/jh
2county primary election of county officers.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 39.21, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 5. The county officers described in
4sections 39.17 and 39.18.
5 Sec. 2. Section 43.6, Code 2019, is amended to read as
6follows:
743.6 Nomination of U.S. senators, and state and county
8 officers.
91. Candidates for the office of senator in the Congress
10of the United States, and the offices listed in section 39.9,
11county supervisor, and the offices listed in section 39.17
12 shall be nominated in the year preceding the expiration of the
13term of office of the incumbent.
141. 2. When a vacancy occurs in the office of senator in
15the Congress of the United States, secretary of state, auditor
16of state, treasurer of state, secretary of agriculture, or
17attorney general and section 69.13 requires that the vacancy
18be filled for the balance of the unexpired term at a general
19election, candidates for the office shall be nominated in the
20preceding primary election if the vacancy occurs eighty-nine
21or more days before the date of that primary election. If the
22vacancy occurs less than one hundred four days before the date
23of that primary election, the state commissioner shall accept
24nomination papers for that office only until 5:00 p.m.on the
25seventy-fourth day before the primary election, the provisions
26of section 43.11 notwithstanding. If the vacancy occurs later
27than eighty-nine days before the date of that primary election,
28but not less than eighty-one days before the date of the
29general election, the nominations shall be made in the manner
30prescribed by this chapter for filling vacancies in nominations
31for offices to be voted for at the general election.
322. When a vacancy occurs in the office of county supervisor
33or any of the offices listed in section 39.17 and more than
34seventy days remain in the term of office following the next
35general election, the office shall be filled for the balance
-1-1of the unexpired term at that general election unless the
2vacancy has been filled by a special election called more
3than seventy-three days before the primary election. If
4the vacancy occurs more than seventy-three days before the
5primary election, political party candidates for that office
6at the next general election shall be nominated at the primary
7election. If an appointment to fill the vacancy in office is
8made eighty-eight or more days before the primary election and
9a petition requesting a special election has not been received
10within fourteen days after the appointment is made, candidates
11for the office shall be nominated at the primary election.
12 Sec. 3. Section 43.11, Code 2019, is amended to read as
13follows:
1443.11 Filing of nomination papers.
15Nomination papers in behalf of a candidate shall be filed:
161. For an elective county office, in the office of the
17county commissioner not earlier than ninety-two days nor later
18than 5:00 p.m.on the sixty-ninth day before the day fixed for
19holding the primary election.
202. For Nomination papers in behalf of a candidate
21for United States senator, for an elective state office,
22for representative in Congress, and for member of the
23general assembly, shall be filed in the office of the state
24commissioner not earlier than ninety-nine days nor later than
255:00 p.m.on the eighty-first day before the day fixed for
26holding the primary election.
27 Sec. 4. Section 43.15, subsection 3, Code 2019, is amended
28to read as follows:
293. All signers, for all nominations, of each separate
30part of a nomination paper, shall reside in the same county,
31 representative or senatorial district for members of the
32general assembly. In counties where the supervisors are
33elected from districts, signers of nomination petitions for
34supervisor candidates shall reside in the supervisor district
35the candidate seeks to represent.
-2-1 Sec. 5. Section 43.20, subsection 1, paragraph d, Code 2019,
2is amended by striking the paragraph.
3 Sec. 6. Section 43.24, subsection 1, paragraph b,
4subparagraph (2), Code 2019, is amended by striking the
5subparagraph.
6 Sec. 7. Section 43.24, subsection 3, paragraph b, Code 2019,
7is amended by striking the paragraph.
8 Sec. 8. Section 43.51, Code 2019, is amended to read as
9follows:
1043.51 Finality of canvass.
11Such canvass and certificate shall be final as to all
12candidates for nomination to any elective county office or
13 office of a subdivision of a county special charter city.
14 Sec. 9. Section 43.53, Code 2019, is amended to read as
15follows:
1643.53 Nominees for subdivision special charter city office
17— write-in candidates.
18The nominee of each political party for any office to be
19filled by the voters of any political subdivision special
20charter city within the county shall be the person receiving
21the highest number of votes cast in the primary election by
22the voters of that party for the office. That person shall
23appear as the party’s candidate for the office on the general
24election ballot. A person whose name is not printed on the
25official primary ballot shall not be declared nominated as a
26candidate for such office in the general regular city election
27unless that person receives at least five votes. Nomination of
28a candidate for the office of county supervisor elected from a
29district within the county shall be governed by section 43.52
30 and not by this section.
31 Sec. 10. Section 43.66, Code 2019, is amended to read as
32follows:
3343.66 Write-in candidates.
34The fact that the candidate who receives the highest number
35of votes cast for any party’s nomination for an office to
-3-1which section 43.52 or 43.65 is applicable is a person whose
2name was not printed on the official primary election ballot
3shall not affect the validity of the person’s nomination as a
4candidate for that office in the general election. However,
5if there is no candidate on the official primary ballot of
6a political party for nomination to a particular office, a
7write-in candidate may obtain the party’s nomination to that
8office in the primary if the candidate receives a number of
9votes equal to at least thirty-five percent of the total vote
10cast for all of that party’s candidates for that office in
11the last preceding primary election for which the party had
12candidates on the ballot for that office. If there have been
13no candidates from a political party for a seat in the general
14assembly since the most recent redistricting of the general
15assembly, a write-in candidate shall be considered nominated
16who receives a number of votes equal to at least thirty-five
17percent of the total votes cast, at the last preceding primary
18election in the precincts which currently constitute the
19general assembly district, for all of that party’s candidates
20for representative in the Congress of the United States or
21who receives at least one hundred votes, whichever number is
22greater. When two or more nominees are required, the division
23procedure prescribed in section 43.52 shall be applied to
24establish the minimum number of write-in votes necessary for
25nomination. If the primary is inconclusive, the necessary
26nominations shall be made in accordance with section 43.78,
27subsection 1.
28 Sec. 11. Section 43.67, subsection 1, Code 2019, is amended
29to read as follows:
301. Each candidate nominated pursuant to section 43.52
31or 43.65 or 43A.3 is entitled to have the candidate’s name
32printed on the official ballot to be voted at the general
33election without other certificate unless the candidate was
34nominated by write-in votes. Immediately after the completion
35of the canvass held under section 43.49, the county auditor
-4-1shall notify each person who was nominated by write-in votes
2for a county office that the person is required to file an
3affidavit of candidacy if the person wishes to be a candidate
4for that office at the general election. Immediately after
5the completion of the canvass held under section 43.63, the
6secretary of state shall notify each person who was nominated
7by write-in votes for a state or federal office that the
8person is required to file an affidavit of candidacy if the
9person wishes to be a candidate for that office at the general
10election. If the affidavit is not filed by 5:00 p.m.on the
11seventh day after the completion of the canvass, that person’s
12name shall not be placed upon the official general election
13ballot. The affidavit shall be signed by the candidate,
14notarized, and filed with the county auditor or the secretary
15of state, whichever is applicable.
16 Sec. 12. Section 43.77, subsection 2, Code 2019, is amended
17to read as follows:
182. The primary election was inconclusive as to that office
19because no candidate for the party’s nomination for that office
20received the number of votes required by section 43.52, 43.53,
21 or 43.65, whichever is applicable.
22 Sec. 13. Section 43.77, subsection 5, Code 2019, is amended
23by striking the subsection.
24 Sec. 14. Section 43.78, subsection 1, paragraphs d, e, and
25f, Code 2019, are amended by striking the paragraphs.
26 Sec. 15. Section 43.78, subsection 3, Code 2019, is amended
27by striking the subsection.
28 Sec. 16. Section 43.78, subsection 4, Code 2019, is amended
29to read as follows:
304. Political party candidates for a vacant seat in
31the United States house of representatives, the board of
32supervisors, the elected county offices, or the general
33assembly which is to be filled at a special election called
34pursuant to section 69.14 or 69.14A shall be nominated in the
35manner provided by subsection 1 of this section for filling a
-5-1vacancy on the general election ballot for the same office.
2The name of a candidate so nominated shall be submitted in
3writing to the appropriate commissioner, as required by section
443.88, at the earliest practicable time.
5 Sec. 17. Section 43.79, Code 2019, is amended to read as
6follows:
743.79 Death of candidate after time for withdrawal.
8The death of a candidate nominated as provided by law for any
9office to be filled at a general election, during the period
10beginning on the eighty-first day before the general election,
11in the case of any candidate whose nomination papers were filed
12with the state commissioner, or beginning on the seventy-third
13day before the general election, in the case of any candidate
14whose nomination papers were filed with the commissioner,
15 and ending on the last day before the general election shall
16not operate to remove the deceased candidate’s name from the
17general election ballot. If the deceased candidate was seeking
18the office of senator or representative in the Congress of
19the United States, governor, attorney general, or senator or
20representative in the general assembly or county supervisor,
21section 49.58 shall control. If the deceased candidate was
22seeking any other office, and as a result of the candidate’s
23death a vacancy is subsequently found to exist, the vacancy
24shall be filled as provided by chapter 69.
25 Sec. 18. NEW SECTION. 43A.1 County primary election.
26At the same time and on the same ballot as the primary
27election, and in all respects governed and conducted as
28prescribed by law for the primary election, except as otherwise
29provided in this chapter, there shall be conducted a county
30primary election for the nonpartisan county offices described
31in sections 39.17 and 39.18.
32 Sec. 19. NEW SECTION. 43A.2 Nominations — objections.
331. Nomination papers in behalf of a candidate for an
34elective county office, required pursuant to chapter 44 or 45,
35shall be filed in the office of the county commissioner not
-6-1earlier than ninety-two days nor later than 5:00 p.m.on the
2sixty-ninth day before the day fixed for holding the county
3primary election.
42. In counties where the supervisors are elected from
5districts, signers of nomination petitions for supervisor
6candidates shall reside in the supervisor district the
7candidate seeks to represent and be signed by eligible electors
8who are residents of the district equal in number to at least
9one percent of the number of registered voters in the district
10on July 1 in the year preceding the year in which the office
11will appear on the ballot, or by at least two hundred fifty
12eligible electors who are residents of the county, whichever
13is less.
143. Objections shall be filed with the commissioner not less
15than sixty-four days before the date of the election.
16 Sec. 20. NEW SECTION. 43A.3 Finality of canvass.
17The canvass by the board of supervisors conducted pursuant
18to section 43.49 and certification under section 43.50 shall
19be final as to all candidates for nomination to any elective
20county office.
21 Sec. 21. NEW SECTION. 43A.4 Nominees for county office.
221. The nominees for any office to be filled by the voters
23of the entire county, except for the nominees for county
24supervisor when multiple county supervisors will be elected
25at the same general election, or for the office of county
26supervisor elected from a district within the county, shall be
27the two persons receiving the greatest number of votes cast in
28the county primary election by the voters, and those persons
29shall appear on the general election ballot.
302. For the nominees for county supervisor to be filled
31by the voters of the entire county when multiple county
32supervisors will be elected at the same general election, the
33number of nominees to appear on the election ballot shall
34be twice the number of seats to be elected at the general
35election. The required number of persons who receive the
-7-1greatest number of votes cast in the county primary election by
2the voters of the county shall be the nominees for the general
3election, but no candidate is nominated who fails to receive
4thirty-five percent of the number of votes found by dividing
5the number of votes cast by voters for the office in question
6by the number of persons to be elected to that office. If the
7county primary election is inconclusive under this paragraph,
8the names of all candidates that appeared on the county primary
9election ballot shall appear on the general election ballot.
103. Immediately after the completion of the canvass, the
11county auditor shall notify each person who was nominated by
12write-in votes for a county office that the person is required
13to file an affidavit of candidacy if the person wishes to be
14a candidate for that office at the general election. The
15affidavit shall be signed by the candidate, notarized, and
16filed with the county auditor.
17 Sec. 22. NEW SECTION. 43A.5 Withdrawal of nominated
18candidate.
19A candidate nominated for a county office in a county primary
20election may withdraw as a nominee for that office on or
21before, but not later than, the seventy-fourth day before the
22date of the general election by so notifying the commissioner
23in writing.
24 Sec. 23. NEW SECTION. 43A.6 Right to place on ballot.
25Each candidate nominated pursuant to section 43A.3 is
26entitled to have the candidate’s name printed on the official
27ballot to be voted for at the general election if the candidate
28files an affidavit in the form required by section 43.67
29not later than 5:00 p.m.on the seventh day following the
30completion of the canvass.
31 Sec. 24. Section 49.37, subsection 4, Code 2019, is amended
32to read as follows:
334. The commissioner shall arrange the partisan county
34offices on the ballot with the board of supervisors first,
35followed by the other county offices in the same sequence in
-8-1which they appear in section 39.17. Nonpartisan, followed by
2the offices shall be listed after partisan offices in section
339.21, in the same sequence in which they appear in that
4section.
5 Sec. 25. Section 49.104, subsection 5, Code 2019, is amended
6to read as follows:
75. One observer at a time representing any nonparty
8political organization, any candidate nominated by petition
9pursuant to chapter 45, or any other nonpartisan candidate
10in a city or school election, appearing on the ballot of the
11election in progress. Candidates who send observers to the
12polls shall provide each observer with a letter of appointment
13in the form prescribed by the state commissioner.
14 Sec. 26. Section 53.23, subsection 4, Code 2019, is amended
15to read as follows:
164. The room where members of the special precinct election
17board are engaged in counting absentee ballots on the day
18before the election pursuant to subsection 3, paragraph “c”,
19or during the hours the polls are open shall be policed so
20as to prevent any person other than those whose presence is
21authorized by this subsection from obtaining information
22about the progress of the count. The only persons who may
23be admitted to that room are the members of the board, five
24challengers representing each political party, one observer
25representing any nonparty political organization or any
26candidate nominated by petition pursuant to chapter 45 or
27any other nonpartisan candidate in a city or school election
28 appearing on the ballot of the election in progress, one
29observer representing persons supporting a public measure
30appearing on the ballot and one observer representing
31persons opposed to such measure, and the commissioner or the
32commissioner’s designee. It shall be unlawful for any of these
33persons to communicate or attempt to communicate, directly or
34indirectly, information regarding the progress of the count at
35any time while the board is convened pursuant to subsection 3,
-9-1paragraph “c”, or at any time before the polls are closed.
2 Sec. 27. Section 69.12, unnumbered paragraph 1, Code 2019,
3is amended to read as follows:
4When Except as otherwise provided in section 69.14A, when
5 a vacancy occurs in any nonpartisan elective office of a
6political subdivision of this state, and the statutes governing
7the office in which the vacancy occurs require that it be
8filled by election or are silent as to the method of filling
9the vacancy, it shall be filled pursuant to this section. As
10used in this section, “pending election” means any election
11at which there will be on the ballot either the office in
12which the vacancy exists, or any other office to be filled or
13any public question to be decided by the voters of the same
14political subdivision in which the vacancy exists.
15 Sec. 28. Section 69.14A, subsection 4, Code 2019, is amended
16by striking the subsection.
17 Sec. 29. Section 331.238, subsection 3, Code 2019, is
18amended to read as follows:
193. An alternative form of county government shall provide
20for the partisan nonpartisan election of its officers.
21 Sec. 30. Section 331.261, subsection 1, paragraph k, Code
222019, is amended to read as follows:
23k. The partisan nonpartisan election of community
24commonwealth government officials.
25 Sec. 31. Section 331.383, Code 2019, is amended to read as
26follows:
27331.383 Duties and powers relating to elections.
28The board shall ensure that the county commissioner of
29elections conducts primary, county primary, general, city,
30school, and special elections in accordance with applicable
31state law. The board shall canvass elections in accordance
32with sections 43.49 to 43.51, 43.60 to 43.62, 46.24, 50.13,
3350.24 to 50.29, 50.44 to 50.47, 260C.39, 275.25, 277.20, 376.1,
34376.7, and 376.9. The board shall prepare and deliver a list
35of persons nominated in accordance with section 43.55, provide
-10-1for a recount in accordance with section 50.48, provide for
2election precincts in accordance with sections 49.3, 49.4, 49.6
3to 49.8, and 49.11, pay election costs as provided in section
447.3, participate in election contests as provided in sections
562.1A and 62.9, and perform other election duties required by
6state law. The board may provide for the use of an optical scan
7voting system as provided in sections 52.2, 52.3, and 52.8, and
8exercise other election powers as provided by state law.
9 Sec. 32. REPEAL. Sections 43.52 and 43.54, Code 2019, are
10repealed.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill requires that county supervisors, auditors,
15sheriffs, treasurers, recorders, and attorneys be nominated and
16elected on a nonpartisan basis. The bill establishes a county
17primary election for the nomination of nonpartisan county
18officers to the general election ballot. The county primary
19election is required to be administered concurrently with the
20primary election, as provided for in the bill. Under the bill,
21the number of candidates to be nominated at the county primary
22election is required to be twice the number of officers to
23be elected to a particular office at the general election.
24The candidates receiving the greatest number of votes in the
25county primary election are nominated and entitled to have the
26candidate’s name printed on the official ballot to be voted for
27at the general election, as provided for under the bill.
28Under the bill, nonpartisan candidates for county office
29and other nonpartisan candidates are extended the same rights
30to observe elections conduct that are provided to nonpartisan
31candidates for city and school district office under current
32law. The bill also makes corresponding changes, and maintains
33current law related to the conduct of partisan elections for
34special charter cities.
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