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Senate File 2238 - IntroducedA Bill ForAn Act 1requiring primary elections for the nomination of
2candidates for city, school district, and merged area
3elections, and including applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 43.24, subsection 1, paragraph b,
2subparagraph (4), Code 2022, is amended to read as follows:
3(4) Those filed with the city clerk or the secretary of
4the school board under this chapter, at least thirty-six days
5before the city or school primary election.
6 Sec. 2. Section 43.24, subsection 3, Code 2022, is amended
7by adding the following new paragraph:
8 NEW PARAGRAPH. d. Objections filed with the secretary of
9the school board shall be considered by three members of the
10school board against whom no objection exists chosen by the
11school board by ballot, and a majority decision shall be final.
12 Sec. 3. Section 43.78, subsection 1, paragraph f, Code 2022,
13is amended to read as follows:
14f. For any other partisan office filled by the voters of a
15subdivision of a county, by those members of the party’s county
16central committee who represent the precincts lying within that
17district, who shall be convened or reconvened as appropriate by
18the county party chairperson. However, this paragraph shall
19not apply to partisan city offices in special charter cities
20for which candidates are nominated under this chapter, but such
21ballot vacancies shall be filled as provided by section 43.116.
22 Sec. 4. Section 43.112, Code 2022, is amended to read as
23follows:
2443.112 Nominations in certain cities and school districts.
251. This chapter shall, so far as applicable, govern the
26nominations of candidates by political parties for all offices
27to be filled by a direct vote of the people in cities acting
28under a special charter in 1973 and having a population of
29over fifty thousand, except all such cities as choose by
30special election to conduct nonpartisan city elections under
31the provisions of chapter 44, 45, or 376. An election on the
32question of conducting city elections in such a special charter
33city on a nonpartisan basis may be called by the city council
34on its own initiative, and shall be called by the council upon
35receipt of a petition of the voters which so requests and
-1-1is presented in conformity with section 362.4, but a special
2election on that question shall be held concurrently with any
3election being held on the first Tuesday after the first Monday
4in November of any odd-numbered year and school districts.
52. Sections 43.114 through 43.118 shall apply only to all
6 cities to which this chapter is made applicable by this section
7and school districts.
8 Sec. 5. Section 43.114, Code 2022, is amended to read as
9follows:
1043.114 Time of holding special charter city or school
11district primary.
12In special charter cities and school districts holding a
13city or school district primary election under the provisions
14of section 43.112 such primary shall be held on the first
15Tuesday in October of the year in which regular city or school
16 elections are held.
17 Sec. 6. Section 43.115, subsection 1, Code 2022, is amended
18to read as follows:
191. All candidates for nominations to be made in city primary
20elections held pursuant to section 43.112 shall file nomination
21papers with the city clerk no later than 5:00 p.m.forty days
22before the date of the election as established by section
2343.114, except that candidates for precinct committee member
24shall file affidavits of candidacy as required by section
25420.130. The number of eligible electors signing petitions
26required for printing the name of a candidate upon the official
27primary ballot shall be one hundred for an office to be filled
28by the voters of the entire city and twenty-five for an office
29to be filled by the voters of a subdivision of the city.
30 Sec. 7. Section 43.115, Code 2022, is amended by adding the
31following new subsection:
32 NEW SUBSECTION. 1A. All candidates for nominations to be
33made in school district primary elections held pursuant to
34section 43.112 shall file nomination papers with the secretary
35of the school board no later than 5:00 p.m.forty days before
-2-1the date of the election as established by section 43.114. The
2number of eligible electors signing petitions required for
3printing the name of a candidate upon the official primary
4ballot shall be twenty-five for a seat to be filled by the
5voters of the entire school district and ten for a seat to be
6filled by the voters of a director district.
7 Sec. 8. Section 43.116, Code 2022, is amended to read as
8follows:
943.116 Ballot vacancies in special charter city and school
10district elections.
111. A vacancy on the ballot for an election at which city
12officers or school board members are to be chosen, and for
13which candidates have been nominated under this chapter, exists
14when any political party lacks a candidate for an office to be
15filled at that election because:
16a. Either no person filed at the time required by section
1743.115 as a candidate for the party’s nomination for that
18office in the city or school primary election held under
19section 43.112, or all persons who did so subsequently withdrew
20as candidates, were found to lack the requisite requirements
21for the office, or died before the date of the city or school
22 primary election, and no candidate received a number of
23write-in votes sufficient for nomination under section 43.53;
24or
25b. The person nominated in the city or school primary
26election as the party’s candidate for that office withdrew
27by giving written notice to that effect to the city clerk or
28secretary of the school board not later than 5:00 p.m.on the
29day of the canvass of that city or school primary election.
302. A ballot vacancy as defined by this section may be
31filled by the city or school district central committee of
32the party on whose ticket the vacancy exists or, in the case
33of an officer elected by the voters of a district within the
34city or school district, by those members of the committee who
35represent the precincts lying within that district. The name
-3-1of a candidate so designated to fill such a ballot vacancy
2shall be submitted in writing to the city clerk or school
3district not later than 5:00 p.m.on the seventh day following
4the city or school primary election.
53. If a special election is held to fill a vacancy in an
6elective city office or school board seat, nominations by
7political parties shall be made following the provisions of
8subsection 2.
9 Sec. 9. Section 43.118, Code 2022, is amended to read as
10follows:
1143.118 Expense.
121. The entire expense of conducting the city primary
13election and preparation of election registers shall be audited
14by the city council and paid by the city.
152. The entire expense of conducting the school primary
16election and preparation of election registers shall be audited
17by the school board and paid by the school district.
18 Sec. 10. Section 45.1, subsection 10, Code 2022, is amended
19by striking the subsection.
20 Sec. 11. Section 49.31, subsection 2, paragraph d, Code
212022, is amended to read as follows:
22d. On the regular and special city election and school
23election ballots the names of candidates for city, school
24district, and merged area offices shall be arranged by drawing
25lots for position. The commissioner shall hold the drawing on
26the second business day following the deadline for filing of
27nomination papers or petitions under sections 260C.15, 277.4,
28and 376.4. If a candidate withdraws, dies, or is removed
29from the ballot after the ballot position of names has been
30determined, such candidate’s name shall be removed from the
31ballot, and the order of the remaining names shall not be
32changed.
33 Sec. 12. Section 50.48, subsection 1, paragraph a,
34unnumbered paragraph 1, Code 2022, is amended to read as
35follows:
-4- 1The county board of canvassers shall order a recount of the
2votes cast for a particular office or nomination in one or
3more specified election precincts in that county if a written
4request for a recount is made not later than 5:00 p.m.on the
5third day following the county board’s canvass of the election
6in question. For a city runoff election held pursuant to
7section 376.9, the written request must be made not later than
85:00 p.m.on the day following the county board’s canvass of
9the city runoff election. The request shall be filed with the
10commissioner of that county and shall be signed by either of
11the following:
12 Sec. 13. Section 50.48, subsection 8, Code 2022, is amended
13by striking the subsection.
14 Sec. 14. Section 69.12, subsection 1, paragraph b,
15subparagraph (2), Code 2022, is amended to read as follows:
16(2) The candidate filing deadline specified in section
17376.4 for the regular city election or the filing deadline
18specified in section 372.13, subsection 2, for a special city
19election.
20 Sec. 15. Section 260C.15, subsections 2 and 3, Code 2022,
21are amended to read as follows:
222. A candidate for member of the board of directors of a
23merged area shall be nominated by a petition signed by not
24less than fifty eligible electors of the director district
25from which the member is to be elected. The petition shall
26state the number of the director district from which the
27candidate seeks election, and the candidate’s name and status
28as an eligible elector of the director district. Signers of
29the petition, in addition to signing their names, shall show
30their residence, including street and number if any, the school
31district in which they reside, and the date they signed the
32petition. A person may sign nomination petitions for more
33than one candidate for the same office, and the signature
34is not invalid solely because the person signed nomination
35petitions for one or more other candidates for the office. The
-5-1petition shall include the affidavit of the candidate being
2nominated, stating the candidate’s name and residence, and
3that the individual is a candidate, is eligible for the office
4sought, and if elected will qualify for the office as provided
5in section 277.4.
63. Nomination papers on behalf of candidates for member of
7the board of directors of a merged area shall be filed with
8the secretary of the board not earlier than seventy-one days
9nor later than 5:00 p.m.on the forty-seventh day prior to
10the election at which members of the board are to be elected.
11 On the day following the last day on which certificates of
12 nomination petitions can be filed, and no later than 5:00 p.m.
13on that day, the secretary shall deliver all certificates
14of nomination petitions so filed, together with the text of
15any public measure being submitted by the board of directors
16to the electorate, to the merged area’s controlling county
17commissioner of elections under section 47.2. That controlling
18commissioner shall certify the names of candidates, and the
19text and summary of any public measure being submitted to the
20electorate, to all county commissioners of elections in the
21merged area by the forty-second day prior to the election.
22 Sec. 16. Section 260C.15, subsection 4, paragraphs a and b,
23Code 2022, are amended to read as follows:
24a. Objections to the legal sufficiency of a nomination
25petition or to the eligibility of a candidate may be filed by
26any person who would have the right to vote for a candidate for
27the office in question.
28b. The objection must be filed with the secretary of the
29board at least forty-two days before the day of the election
30at which members of the board are elected. When objections
31are filed, notice shall immediately be given to the candidate
32affected, addressed to the candidate’s place of residence as
33given on the candidate’s affidavit, stating that objections
34have been made to the legal sufficiency of the petition or to
35the eligibility of the candidate, and also stating the time and
-6-1place the objections will be considered. The board secretary
2shall also attempt to notify the candidate by telephone if
3the candidate provided a telephone number on the candidate’s
4affidavit.
5 Sec. 17. Section 275.25, subsection 1, paragraph b, Code
62022, is amended to read as follows:
7b. The election shall be conducted as provided in section
8 sections 277.3, and nomination petitions shall be filed
9pursuant to section 277.4, except as otherwise provided in
10this subsection. Nomination petitions shall be filed with the
11secretary of the board of the existing school district in which
12the candidate resides not less than twenty-eight days before
13the date set for the special school election. The secretary of
14the board, or the secretary’s designee, shall be present in the
15secretary’s office until 5:00 p.m.on the final day to file the
16nomination papers. The nomination papers shall be delivered to
17the commissioner no later than 5:00 p.m.on the twenty-seventh
18day before the election.
19 Sec. 18. Section 277.4, Code 2022, is amended by striking
20the section and inserting in lieu thereof the following:
21277.4 Nominations — primary elections.
22Nominations shall be made by primary elections held pursuant
23to sections 43.112 through 43.118 and 277.8 through 277.19.
24 Sec. 19. Section 277.5, subsection 1, Code 2022, is amended
25to read as follows:
261. Objections to the legal sufficiency of a nomination
27petition or to the eligibility of a candidate may be filed by
28any person who would have the right to vote for a candidate for
29the office in question. The objection must be filed with the
30secretary of the school board at least forty-two days before
31the day of the school election. When objections are filed
32notice shall forthwith be given to the candidate affected,
33addressed to the candidate’s place of residence as given on the
34candidate’s affidavit, stating that objections have been made
35to the legal sufficiency of the petition or to the eligibility
-7-1of the candidate, and also stating the time and place the
2objections will be considered.
3 Sec. 20. NEW SECTION. 277.8 School district convention.
4Political parties in school districts shall hold a school
5district convention within the school district on the second
6Friday following the primary election. The school district
7central committee shall set the time and place of the
8convention and shall file the same in the office of the school
9board at least ten days prior to the convention.
10 Sec. 21. NEW SECTION. 277.9 School district convention —
11delegates elected.
12Delegates to school district conventions of their respective
13political parties shall be elected at precinct caucuses held
14at 8:00 p.m.on the third Monday in August of the same year in
15which the school election is conducted. The precinct caucuses
16shall be convened within the boundaries of each precinct at
17places designated by the school district central committee.
18The chairperson of the school district central committee shall
19file with the school board a certified list of places where the
20precinct caucuses will be held not later than ten days prior
21to the date of the caucus and shall cause the time and place of
22said caucus to be published in two newspapers within the school
23district not later than ten days prior to the convening of the
24precinct caucus.
25 Sec. 22. NEW SECTION. 277.10 School district convention
26— chairperson and secretary.
27The school district precinct caucus shall elect, by a
28majority vote of those present, a chairperson and secretary
29who shall certify to the school district central committee
30and school board the names and addresses of those elected as
31delegates to the school district convention. The number of
32delegates from each voting precinct shall be determined by
33a ratio adopted by the respective political party’s school
34district central committee, and the chairperson of the school
35district central committee shall file with the school board a
-8-1statement designating the number of delegates for each voting
2precinct in the school district not less than twenty-five days
3before the date of the precinct caucuses. If the chairperson
4of the school district central committee fails to so act, the
5county chairperson shall designate the number of delegates
6to be elected from each voting precinct and shall cause such
7information to be published in two newspapers within the school
8district at least ten days prior to holding the precinct
9caucuses.
10 Sec. 23. NEW SECTION. 277.11 School district convention
11delegates — term.
12The delegates shall hold office from the day following the
13election for a period of two years.
14 Sec. 24. NEW SECTION. 277.12 School district precinct
15candidates — affidavit of candidacy.
16Candidates for school district precinct committee member
17shall cause their names to be printed on the primary ballot by
18filing an affidavit as provided for in section 43.18 with the
19county commissioner of elections at least forty days prior to
20the day fixed for conducting the primary election.
21 Sec. 25. NEW SECTION. 277.13 Members from each school
22district precinct.
23Two persons for each political party shall be elected from
24each precinct to the school district central committee at
25the primary election. They shall hold office for a period
26of two years immediately following the adjournment of the
27school district convention, or until their successors are duly
28elected and qualified, unless sooner removed by the school
29district central committee for failing to perform the duties
30of committee members, incompetency, or failing to support the
31ticket nominated by their respective party.
32 Sec. 26. NEW SECTION. 277.14 School district committee
33meetings — vacancies.
34The school district central committee shall commence
35performing their duties on the day of the school district
-9-1convention and vacancies occurring therein may be filled by
2the school district chairperson subject to confirmation of the
3central committee.
4 Sec. 27. NEW SECTION. 277.15 School district central
5committee — returns of election.
6Election judges shall make returns of the election of
7members of the school district central committee in the same
8manner as returns are conducted for other officers except that
9the election judges shall canvass the returns as to members
10of the school district central committee, and certify the
11results thereof to the county commissioner of elections with
12the returns.
13 Sec. 28. NEW SECTION. 277.16 School district central
14committee — certified list of those elected.
15After the canvass of votes by the county board of
16supervisors, the county commissioner of elections shall notify
17the members of the school district central committee who have
18been elected of the time and place of holding the school
19district convention, and shall deliver a certified list of
20those elected to the chairperson of their respective political
21party’s central committee in the school district on or before
22the second Thursday following the primary election.
23 Sec. 29. NEW SECTION. 277.17 School district convention —
24elected delegates.
25The school district convention shall be composed of the
26delegates elected at the last preceding school district
27precinct caucus, and the secretary of the school board shall
28forward a certified list of said elected delegates at least ten
29days prior to the school district convention to the chairperson
30of the school district central committee.
31 Sec. 30. NEW SECTION. 277.18 Duties of school board
32secretary.
33The secretary of the school board shall keep a certified
34list of delegates to the school district convention elected at
35the precinct caucuses and a record of the precinct committee
-10-1members elected at the primary election. The secretary of the
2school board shall maintain a current list of all members of
3the school district central committee. The certified list and
4records shall be maintained by the secretary of the school
5district for at least two years subsequent to the election
6of the delegates and precinct committee members and shall be
7available for public inspection.
8 Sec. 31. NEW SECTION. 277.19 Applicable laws.
9All laws governing political parties and the nomination of
10candidates in elections shall, as far as applicable, govern the
11political parties and nomination and election of candidates in
12school districts.
13 Sec. 32. Section 279.6, subsection 1, paragraph b,
14subparagraph (1), Code 2022, is amended to read as follows:
15(1) If within fourteen days after publication of a notice
16required pursuant to paragraph “a” for a vacancy that occurs
17more than one hundred eighty days before the next regular
18school election, or after the filing period closes pursuant
19to section 277.4, subsection 1, for the next regular school
20election, there is filed with the secretary of the school board
21a petition requesting a special election to fill the vacancy,
22an appointment to fill the vacancy is temporary until a
23successor is elected and qualified, and the board shall call a
24special election pursuant to section 279.7, to fill the vacancy
25for the remaining balance of the unexpired term.
26 Sec. 33. Section 279.7, subsection 4, Code 2022, is amended
27to read as follows:
284. Nomination petitions Nominations shall be filed made in
29the manner provided in section 277.4, except that the petitions
30shall be filed not less than twenty-five days before the date
31set for the election.
32 Sec. 34. Section 331.383, Code 2022, is amended to read as
33follows:
34331.383 Duties and powers relating to elections.
35The board shall ensure that the county commissioner of
-11-1elections conducts primary, general, city, school, and special
2elections in accordance with applicable state law. The board
3shall canvass elections in accordance with sections 43.49
4through 43.51, 43.60 through 43.62, 46.24, 50.13, 50.24 through
550.29, 50.44 through 50.47, 260C.39, 275.25, 277.20, 376.1,
6and 376.7, and 376.9. The board shall prepare and deliver a
7list of persons nominated in accordance with section 43.55,
8provide for a recount in accordance with section 50.48, provide
9for election precincts in accordance with sections 49.3, 49.4,
1049.6 through 49.8, and 49.11, pay election costs as provided
11in section 47.3, participate in election contests as provided
12in sections 62.1A and 62.9, and perform other election duties
13required by state law. The board shall provide for the use of
14an optical scan voting system as provided in sections 52.2 and
1552.3, and exercise other election powers as provided by state
16law.
17 Sec. 35. Section 376.3, Code 2022, is amended to read as
18follows:
19376.3 Nominations.
20Candidates for elective city offices must be nominated as
21provided in sections 376.4 through 376.9 unless by ordinance
22a city chooses the provisions of chapter 44 or 45. However,
23a city acting under a special charter in 1973 and having a
24population of over fifty thousand shall continue to hold
25partisan elections as provided in sections 43.112 through
2643.118 and sections 420.126 through 420.137 unless the city by
27election as provided in section 43.112 chooses to conduct city
28elections under this chapter or chapter 44 or 45. The choice
29of one of these options by such a special charter city does not
30otherwise affect the validity of the city’s charter. However,
31special charter cities which choose to exercise the option
32to conduct nonpartisan city elections may choose in the same
33manner the original decision was made, to resume holding city
34elections on a partisan basis.
35 Sec. 36. Section 376.4, subsections 1, 2, 3, 4, 5, and 7,
-12-1Code 2022, are amended by striking the subsections.
2 Sec. 37. Section 376.5, Code 2022, is amended to read as
3follows:
4376.5 Publication of ballot.
5Notice for each regular, special, primary, or runoff city
6election shall be published by the county commissioner of
7elections as provided in section 362.3, except that notice
8of a regular, primary, or runoff election may be published
9not less than four days before the date of the election. The
10published notice must list the names of all candidates, and may
11not contain any party designations. The published notice must
12include any question to be submitted to the voters. The notice
13may contain one or more facsimiles of the portion of the ballot
14containing the first arrangement of candidates as prescribed
15by section 49.31, subsection 2.
16 Sec. 38. Section 376.7, subsection 1, Code 2022, is amended
17to read as follows:
181. If a primary election is necessary, it The primary
19election shall be held on the Tuesday four weeks before the
20date of the regular city election. For each office on the
21ballot, a voter shall only vote for the number of persons to
22be elected to that office at the regular city election. The
23county board of supervisors shall publicly canvass the tally
24lists of the vote cast in the primary election, following the
25procedures prescribed in section 50.24, at a meeting to be held
26on the second day following the primary election, and beginning
27no earlier than 1:00 p.m.on that day.
28 Sec. 39. Section 376.8, subsections 2 and 3, Code 2022, are
29amended by striking the subsections.
30 Sec. 40. Section 376.11, subsection 2, Code 2022, is amended
31to read as follows:
322. Except in cities where the council has chosen a runoff
33election in lieu of a primary, following Following the
34resignation of a person who was elected by write-in votes,
35the city clerk shall notify the person who received the next
-13-1highest number of votes cast for the office that the person
2may assume the office. If there is more than one person who
3received the next highest number of votes cast for the office,
4lots shall be drawn pursuant to section 50.44 to determine the
5person who received the next highest number of votes. If the
6person accepts the position, the person shall be considered the
7duly elected officer unless, within ten days after the clerk
8has given notice, a petition requesting a special election
9is filed by eligible electors of the city equal in number to
10twenty-five percent of the number of persons who voted for the
11office at the election. If the person declines, the person
12shall do so in writing to the city clerk within ten days and the
13office shall be considered vacant at the end of the term. The
14vacancy shall be filled pursuant to the provisions of section
15372.13, subsection 2. If the council chooses to appoint, the
16appointment may be made before the end of the current term.
17 Sec. 41. Section 376.11, subsections 4 and 5, Code 2022, are
18amended by striking the subsections.
19 Sec. 42. Section 420.126, Code 2022, is amended to read as
20follows:
21420.126 City convention.
22Political parties in special charter cities having a
23population of fifty thousand or more a city shall hold a city
24convention within the city on the second Friday following the
25primary election. The city central committee shall set the
26time and place of the convention and shall file the same in
27the office of the city clerk at least ten days prior to the
28convention.
29 Sec. 43. Section 420.137, Code 2022, is amended to read as
30follows:
31420.137 Applicable laws.
32All laws governing political parties and the nomination of
33candidates in elections shall, as far as applicable, govern the
34political parties and nomination and election of candidates
35in cities acting under a special charter in 1973 and having a
-14-1population of fifty thousand or more, except where such a city
2by election chooses to conduct city elections under chapter 44,
345, or 376.
4 Sec. 44. CODE EDITOR DIRECTIVE.
51. The Code editor is directed to make the following
6transfers:
7a. Section 420.126 to section 376.12.
8b. Section 420.127 to section 376.13.
9c. Section 420.128 to section 376.14.
10d. Section 420.129 to section 376.15.
11e. Section 420.130 to section 376.16.
12f. Section 420.131 to section 376.17.
13g. Section 420.132 to section 376.18.
14h. Section 420.133 to section 376.19.
15i. Section 420.134 to section 376.20.
16j. Section 420.135 to section 376.21.
17k. Section 420.136 to section 376.22.
18l. Section 420.137 to section 376.23.
192. The Code editor shall correct internal references in the
20Code and in any enacted legislation as necessary due to the
21enactment of this section.
22 Sec. 45. REPEAL. Sections 376.4A, 376.6, and 376.9, Code
232022, are repealed.
24 Sec. 46. APPLICABILITY. This Act applies to elections held
25on or after January 1, 2025.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to nominations of candidates for elections
30to city, school district, and merged area offices. The bill
31requires candidates for such elections to be nominated by
32primary elections held pursuant to Code chapter 43 (partisan
33nominations — primary election). Currently such elections
34are nonpartisan except for special charter cities under Code
35chapter 420. The bill repeals other methods for the nomination
-15-1of candidates, including nominations by petition and runoff
2elections. The bill requires political parties in school
3districts to hold conventions for the nomination of members
4to the school district central committee for the purpose of
5holding primary elections in school districts and merged areas.
6The bill applies to elections held on or after January 1, 2025.
-16-ss/jh
2candidates for city, school district, and merged area
3elections, and including applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 43.24, subsection 1, paragraph b,
2subparagraph (4), Code 2022, is amended to read as follows:
3(4) Those filed with the city clerk or the secretary of
4the school board under this chapter, at least thirty-six days
5before the city or school primary election.
6 Sec. 2. Section 43.24, subsection 3, Code 2022, is amended
7by adding the following new paragraph:
8 NEW PARAGRAPH. d. Objections filed with the secretary of
9the school board shall be considered by three members of the
10school board against whom no objection exists chosen by the
11school board by ballot, and a majority decision shall be final.
12 Sec. 3. Section 43.78, subsection 1, paragraph f, Code 2022,
13is amended to read as follows:
14f. For any other partisan office filled by the voters of a
15subdivision of a county, by those members of the party’s county
16central committee who represent the precincts lying within that
17district, who shall be convened or reconvened as appropriate by
18the county party chairperson. However, this paragraph shall
19not apply to partisan city offices in special charter cities
20for which candidates are nominated under this chapter, but such
21ballot vacancies shall be filled as provided by section 43.116.
22 Sec. 4. Section 43.112, Code 2022, is amended to read as
23follows:
2443.112 Nominations in certain cities and school districts.
251. This chapter shall, so far as applicable, govern the
26nominations of candidates by political parties for all offices
27to be filled by a direct vote of the people in cities acting
28under a special charter in 1973 and having a population of
29over fifty thousand, except all such cities as choose by
30special election to conduct nonpartisan city elections under
31the provisions of chapter 44, 45, or 376. An election on the
32question of conducting city elections in such a special charter
33city on a nonpartisan basis may be called by the city council
34on its own initiative, and shall be called by the council upon
35receipt of a petition of the voters which so requests and
-1-1is presented in conformity with section 362.4, but a special
2election on that question shall be held concurrently with any
3election being held on the first Tuesday after the first Monday
4in November of any odd-numbered year and school districts.
52. Sections 43.114 through 43.118 shall apply only to all
6 cities to which this chapter is made applicable by this section
7and school districts.
8 Sec. 5. Section 43.114, Code 2022, is amended to read as
9follows:
1043.114 Time of holding special charter city or school
11district primary.
12In special charter cities and school districts holding a
13city or school district primary election under the provisions
14of section 43.112 such primary shall be held on the first
15Tuesday in October of the year in which regular city or school
16 elections are held.
17 Sec. 6. Section 43.115, subsection 1, Code 2022, is amended
18to read as follows:
191. All candidates for nominations to be made in city primary
20elections held pursuant to section 43.112 shall file nomination
21papers with the city clerk no later than 5:00 p.m.forty days
22before the date of the election as established by section
2343.114, except that candidates for precinct committee member
24shall file affidavits of candidacy as required by section
25420.130. The number of eligible electors signing petitions
26required for printing the name of a candidate upon the official
27primary ballot shall be one hundred for an office to be filled
28by the voters of the entire city and twenty-five for an office
29to be filled by the voters of a subdivision of the city.
30 Sec. 7. Section 43.115, Code 2022, is amended by adding the
31following new subsection:
32 NEW SUBSECTION. 1A. All candidates for nominations to be
33made in school district primary elections held pursuant to
34section 43.112 shall file nomination papers with the secretary
35of the school board no later than 5:00 p.m.forty days before
-2-1the date of the election as established by section 43.114. The
2number of eligible electors signing petitions required for
3printing the name of a candidate upon the official primary
4ballot shall be twenty-five for a seat to be filled by the
5voters of the entire school district and ten for a seat to be
6filled by the voters of a director district.
7 Sec. 8. Section 43.116, Code 2022, is amended to read as
8follows:
943.116 Ballot vacancies in special charter city and school
10district elections.
111. A vacancy on the ballot for an election at which city
12officers or school board members are to be chosen, and for
13which candidates have been nominated under this chapter, exists
14when any political party lacks a candidate for an office to be
15filled at that election because:
16a. Either no person filed at the time required by section
1743.115 as a candidate for the party’s nomination for that
18office in the city or school primary election held under
19section 43.112, or all persons who did so subsequently withdrew
20as candidates, were found to lack the requisite requirements
21for the office, or died before the date of the city or school
22 primary election, and no candidate received a number of
23write-in votes sufficient for nomination under section 43.53;
24or
25b. The person nominated in the city or school primary
26election as the party’s candidate for that office withdrew
27by giving written notice to that effect to the city clerk or
28secretary of the school board not later than 5:00 p.m.on the
29day of the canvass of that city or school primary election.
302. A ballot vacancy as defined by this section may be
31filled by the city or school district central committee of
32the party on whose ticket the vacancy exists or, in the case
33of an officer elected by the voters of a district within the
34city or school district, by those members of the committee who
35represent the precincts lying within that district. The name
-3-1of a candidate so designated to fill such a ballot vacancy
2shall be submitted in writing to the city clerk or school
3district not later than 5:00 p.m.on the seventh day following
4the city or school primary election.
53. If a special election is held to fill a vacancy in an
6elective city office or school board seat, nominations by
7political parties shall be made following the provisions of
8subsection 2.
9 Sec. 9. Section 43.118, Code 2022, is amended to read as
10follows:
1143.118 Expense.
121. The entire expense of conducting the city primary
13election and preparation of election registers shall be audited
14by the city council and paid by the city.
152. The entire expense of conducting the school primary
16election and preparation of election registers shall be audited
17by the school board and paid by the school district.
18 Sec. 10. Section 45.1, subsection 10, Code 2022, is amended
19by striking the subsection.
20 Sec. 11. Section 49.31, subsection 2, paragraph d, Code
212022, is amended to read as follows:
22d. On the regular and special city election and school
23election ballots the names of candidates for city, school
24district, and merged area offices shall be arranged by drawing
25lots for position. The commissioner shall hold the drawing on
26the second business day following the deadline for filing of
27nomination papers or petitions under sections 260C.15, 277.4,
28and 376.4. If a candidate withdraws, dies, or is removed
29from the ballot after the ballot position of names has been
30determined, such candidate’s name shall be removed from the
31ballot, and the order of the remaining names shall not be
32changed.
33 Sec. 12. Section 50.48, subsection 1, paragraph a,
34unnumbered paragraph 1, Code 2022, is amended to read as
35follows:
-4- 1The county board of canvassers shall order a recount of the
2votes cast for a particular office or nomination in one or
3more specified election precincts in that county if a written
4request for a recount is made not later than 5:00 p.m.on the
5third day following the county board’s canvass of the election
6in question. For a city runoff election held pursuant to
7section 376.9, the written request must be made not later than
85:00 p.m.on the day following the county board’s canvass of
9the city runoff election. The request shall be filed with the
10commissioner of that county and shall be signed by either of
11the following:
12 Sec. 13. Section 50.48, subsection 8, Code 2022, is amended
13by striking the subsection.
14 Sec. 14. Section 69.12, subsection 1, paragraph b,
15subparagraph (2), Code 2022, is amended to read as follows:
16(2) The candidate filing deadline specified in section
17376.4 for the regular city election or the filing deadline
18specified in section 372.13, subsection 2, for a special city
19election.
20 Sec. 15. Section 260C.15, subsections 2 and 3, Code 2022,
21are amended to read as follows:
222. A candidate for member of the board of directors of a
23merged area shall be nominated by a petition signed by not
24less than fifty eligible electors of the director district
25from which the member is to be elected. The petition shall
26state the number of the director district from which the
27candidate seeks election, and the candidate’s name and status
28as an eligible elector of the director district. Signers of
29the petition, in addition to signing their names, shall show
30their residence, including street and number if any, the school
31district in which they reside, and the date they signed the
32petition. A person may sign nomination petitions for more
33than one candidate for the same office, and the signature
34is not invalid solely because the person signed nomination
35petitions for one or more other candidates for the office. The
-5-1petition shall include the affidavit of the candidate being
2nominated, stating the candidate’s name and residence, and
3that the individual is a candidate, is eligible for the office
4sought, and if elected will qualify for the office as provided
5in section 277.4.
63. Nomination papers on behalf of candidates for member of
7the board of directors of a merged area shall be filed with
8the secretary of the board not earlier than seventy-one days
9nor later than 5:00 p.m.on the forty-seventh day prior to
10the election at which members of the board are to be elected.
11 On the day following the last day on which certificates of
12 nomination petitions can be filed, and no later than 5:00 p.m.
13on that day, the secretary shall deliver all certificates
14of nomination petitions so filed, together with the text of
15any public measure being submitted by the board of directors
16to the electorate, to the merged area’s controlling county
17commissioner of elections under section 47.2. That controlling
18commissioner shall certify the names of candidates, and the
19text and summary of any public measure being submitted to the
20electorate, to all county commissioners of elections in the
21merged area by the forty-second day prior to the election.
22 Sec. 16. Section 260C.15, subsection 4, paragraphs a and b,
23Code 2022, are amended to read as follows:
24a. Objections to the legal sufficiency of a nomination
25petition or to the eligibility of a candidate may be filed by
26any person who would have the right to vote for a candidate for
27the office in question.
28b. The objection must be filed with the secretary of the
29board at least forty-two days before the day of the election
30at which members of the board are elected. When objections
31are filed, notice shall immediately be given to the candidate
32affected, addressed to the candidate’s place of residence as
33given on the candidate’s affidavit, stating that objections
34have been made to the legal sufficiency of the petition or to
35the eligibility of the candidate, and also stating the time and
-6-1place the objections will be considered. The board secretary
2shall also attempt to notify the candidate by telephone if
3the candidate provided a telephone number on the candidate’s
4affidavit.
5 Sec. 17. Section 275.25, subsection 1, paragraph b, Code
62022, is amended to read as follows:
7b. The election shall be conducted as provided in section
8 sections 277.3, and nomination petitions shall be filed
9pursuant to section 277.4, except as otherwise provided in
10this subsection. Nomination petitions shall be filed with the
11secretary of the board of the existing school district in which
12the candidate resides not less than twenty-eight days before
13the date set for the special school election. The secretary of
14the board, or the secretary’s designee, shall be present in the
15secretary’s office until 5:00 p.m.on the final day to file the
16nomination papers. The nomination papers shall be delivered to
17the commissioner no later than 5:00 p.m.on the twenty-seventh
18day before the election.
19 Sec. 18. Section 277.4, Code 2022, is amended by striking
20the section and inserting in lieu thereof the following:
21277.4 Nominations — primary elections.
22Nominations shall be made by primary elections held pursuant
23to sections 43.112 through 43.118 and 277.8 through 277.19.
24 Sec. 19. Section 277.5, subsection 1, Code 2022, is amended
25to read as follows:
261. Objections to the legal sufficiency of a nomination
27petition or to the eligibility of a candidate may be filed by
28any person who would have the right to vote for a candidate for
29the office in question. The objection must be filed with the
30secretary of the school board at least forty-two days before
31the day of the school election. When objections are filed
32notice shall forthwith be given to the candidate affected,
33addressed to the candidate’s place of residence as given on the
34candidate’s affidavit, stating that objections have been made
35to the legal sufficiency of the petition or to the eligibility
-7-1of the candidate, and also stating the time and place the
2objections will be considered.
3 Sec. 20. NEW SECTION. 277.8 School district convention.
4Political parties in school districts shall hold a school
5district convention within the school district on the second
6Friday following the primary election. The school district
7central committee shall set the time and place of the
8convention and shall file the same in the office of the school
9board at least ten days prior to the convention.
10 Sec. 21. NEW SECTION. 277.9 School district convention —
11delegates elected.
12Delegates to school district conventions of their respective
13political parties shall be elected at precinct caucuses held
14at 8:00 p.m.on the third Monday in August of the same year in
15which the school election is conducted. The precinct caucuses
16shall be convened within the boundaries of each precinct at
17places designated by the school district central committee.
18The chairperson of the school district central committee shall
19file with the school board a certified list of places where the
20precinct caucuses will be held not later than ten days prior
21to the date of the caucus and shall cause the time and place of
22said caucus to be published in two newspapers within the school
23district not later than ten days prior to the convening of the
24precinct caucus.
25 Sec. 22. NEW SECTION. 277.10 School district convention
26— chairperson and secretary.
27The school district precinct caucus shall elect, by a
28majority vote of those present, a chairperson and secretary
29who shall certify to the school district central committee
30and school board the names and addresses of those elected as
31delegates to the school district convention. The number of
32delegates from each voting precinct shall be determined by
33a ratio adopted by the respective political party’s school
34district central committee, and the chairperson of the school
35district central committee shall file with the school board a
-8-1statement designating the number of delegates for each voting
2precinct in the school district not less than twenty-five days
3before the date of the precinct caucuses. If the chairperson
4of the school district central committee fails to so act, the
5county chairperson shall designate the number of delegates
6to be elected from each voting precinct and shall cause such
7information to be published in two newspapers within the school
8district at least ten days prior to holding the precinct
9caucuses.
10 Sec. 23. NEW SECTION. 277.11 School district convention
11delegates — term.
12The delegates shall hold office from the day following the
13election for a period of two years.
14 Sec. 24. NEW SECTION. 277.12 School district precinct
15candidates — affidavit of candidacy.
16Candidates for school district precinct committee member
17shall cause their names to be printed on the primary ballot by
18filing an affidavit as provided for in section 43.18 with the
19county commissioner of elections at least forty days prior to
20the day fixed for conducting the primary election.
21 Sec. 25. NEW SECTION. 277.13 Members from each school
22district precinct.
23Two persons for each political party shall be elected from
24each precinct to the school district central committee at
25the primary election. They shall hold office for a period
26of two years immediately following the adjournment of the
27school district convention, or until their successors are duly
28elected and qualified, unless sooner removed by the school
29district central committee for failing to perform the duties
30of committee members, incompetency, or failing to support the
31ticket nominated by their respective party.
32 Sec. 26. NEW SECTION. 277.14 School district committee
33meetings — vacancies.
34The school district central committee shall commence
35performing their duties on the day of the school district
-9-1convention and vacancies occurring therein may be filled by
2the school district chairperson subject to confirmation of the
3central committee.
4 Sec. 27. NEW SECTION. 277.15 School district central
5committee — returns of election.
6Election judges shall make returns of the election of
7members of the school district central committee in the same
8manner as returns are conducted for other officers except that
9the election judges shall canvass the returns as to members
10of the school district central committee, and certify the
11results thereof to the county commissioner of elections with
12the returns.
13 Sec. 28. NEW SECTION. 277.16 School district central
14committee — certified list of those elected.
15After the canvass of votes by the county board of
16supervisors, the county commissioner of elections shall notify
17the members of the school district central committee who have
18been elected of the time and place of holding the school
19district convention, and shall deliver a certified list of
20those elected to the chairperson of their respective political
21party’s central committee in the school district on or before
22the second Thursday following the primary election.
23 Sec. 29. NEW SECTION. 277.17 School district convention —
24elected delegates.
25The school district convention shall be composed of the
26delegates elected at the last preceding school district
27precinct caucus, and the secretary of the school board shall
28forward a certified list of said elected delegates at least ten
29days prior to the school district convention to the chairperson
30of the school district central committee.
31 Sec. 30. NEW SECTION. 277.18 Duties of school board
32secretary.
33The secretary of the school board shall keep a certified
34list of delegates to the school district convention elected at
35the precinct caucuses and a record of the precinct committee
-10-1members elected at the primary election. The secretary of the
2school board shall maintain a current list of all members of
3the school district central committee. The certified list and
4records shall be maintained by the secretary of the school
5district for at least two years subsequent to the election
6of the delegates and precinct committee members and shall be
7available for public inspection.
8 Sec. 31. NEW SECTION. 277.19 Applicable laws.
9All laws governing political parties and the nomination of
10candidates in elections shall, as far as applicable, govern the
11political parties and nomination and election of candidates in
12school districts.
13 Sec. 32. Section 279.6, subsection 1, paragraph b,
14subparagraph (1), Code 2022, is amended to read as follows:
15(1) If within fourteen days after publication of a notice
16required pursuant to paragraph “a” for a vacancy that occurs
17more than one hundred eighty days before the next regular
18school election, or after the filing period closes pursuant
19to section 277.4, subsection 1, for the next regular school
20election, there is filed with the secretary of the school board
21a petition requesting a special election to fill the vacancy,
22an appointment to fill the vacancy is temporary until a
23successor is elected and qualified, and the board shall call a
24special election pursuant to section 279.7, to fill the vacancy
25for the remaining balance of the unexpired term.
26 Sec. 33. Section 279.7, subsection 4, Code 2022, is amended
27to read as follows:
284. Nomination petitions Nominations shall be filed made in
29the manner provided in section 277.4, except that the petitions
30shall be filed not less than twenty-five days before the date
31set for the election.
32 Sec. 34. Section 331.383, Code 2022, is amended to read as
33follows:
34331.383 Duties and powers relating to elections.
35The board shall ensure that the county commissioner of
-11-1elections conducts primary, general, city, school, and special
2elections in accordance with applicable state law. The board
3shall canvass elections in accordance with sections 43.49
4through 43.51, 43.60 through 43.62, 46.24, 50.13, 50.24 through
550.29, 50.44 through 50.47, 260C.39, 275.25, 277.20, 376.1,
6and 376.7, and 376.9. The board shall prepare and deliver a
7list of persons nominated in accordance with section 43.55,
8provide for a recount in accordance with section 50.48, provide
9for election precincts in accordance with sections 49.3, 49.4,
1049.6 through 49.8, and 49.11, pay election costs as provided
11in section 47.3, participate in election contests as provided
12in sections 62.1A and 62.9, and perform other election duties
13required by state law. The board shall provide for the use of
14an optical scan voting system as provided in sections 52.2 and
1552.3, and exercise other election powers as provided by state
16law.
17 Sec. 35. Section 376.3, Code 2022, is amended to read as
18follows:
19376.3 Nominations.
20Candidates for elective city offices must be nominated as
21provided in sections 376.4 through 376.9 unless by ordinance
22a city chooses the provisions of chapter 44 or 45. However,
23a city acting under a special charter in 1973 and having a
24population of over fifty thousand shall continue to hold
25partisan elections as provided in sections 43.112 through
2643.118 and sections 420.126 through 420.137 unless the city by
27election as provided in section 43.112 chooses to conduct city
28elections under this chapter or chapter 44 or 45. The choice
29of one of these options by such a special charter city does not
30otherwise affect the validity of the city’s charter. However,
31special charter cities which choose to exercise the option
32to conduct nonpartisan city elections may choose in the same
33manner the original decision was made, to resume holding city
34elections on a partisan basis.
35 Sec. 36. Section 376.4, subsections 1, 2, 3, 4, 5, and 7,
-12-1Code 2022, are amended by striking the subsections.
2 Sec. 37. Section 376.5, Code 2022, is amended to read as
3follows:
4376.5 Publication of ballot.
5Notice for each regular, special, primary, or runoff city
6election shall be published by the county commissioner of
7elections as provided in section 362.3, except that notice
8of a regular, primary, or runoff election may be published
9not less than four days before the date of the election. The
10published notice must list the names of all candidates, and may
11not contain any party designations. The published notice must
12include any question to be submitted to the voters. The notice
13may contain one or more facsimiles of the portion of the ballot
14containing the first arrangement of candidates as prescribed
15by section 49.31, subsection 2.
16 Sec. 38. Section 376.7, subsection 1, Code 2022, is amended
17to read as follows:
181. If a primary election is necessary, it The primary
19election shall be held on the Tuesday four weeks before the
20date of the regular city election. For each office on the
21ballot, a voter shall only vote for the number of persons to
22be elected to that office at the regular city election. The
23county board of supervisors shall publicly canvass the tally
24lists of the vote cast in the primary election, following the
25procedures prescribed in section 50.24, at a meeting to be held
26on the second day following the primary election, and beginning
27no earlier than 1:00 p.m.on that day.
28 Sec. 39. Section 376.8, subsections 2 and 3, Code 2022, are
29amended by striking the subsections.
30 Sec. 40. Section 376.11, subsection 2, Code 2022, is amended
31to read as follows:
322. Except in cities where the council has chosen a runoff
33election in lieu of a primary, following Following the
34resignation of a person who was elected by write-in votes,
35the city clerk shall notify the person who received the next
-13-1highest number of votes cast for the office that the person
2may assume the office. If there is more than one person who
3received the next highest number of votes cast for the office,
4lots shall be drawn pursuant to section 50.44 to determine the
5person who received the next highest number of votes. If the
6person accepts the position, the person shall be considered the
7duly elected officer unless, within ten days after the clerk
8has given notice, a petition requesting a special election
9is filed by eligible electors of the city equal in number to
10twenty-five percent of the number of persons who voted for the
11office at the election. If the person declines, the person
12shall do so in writing to the city clerk within ten days and the
13office shall be considered vacant at the end of the term. The
14vacancy shall be filled pursuant to the provisions of section
15372.13, subsection 2. If the council chooses to appoint, the
16appointment may be made before the end of the current term.
17 Sec. 41. Section 376.11, subsections 4 and 5, Code 2022, are
18amended by striking the subsections.
19 Sec. 42. Section 420.126, Code 2022, is amended to read as
20follows:
21420.126 City convention.
22Political parties in special charter cities having a
23population of fifty thousand or more a city shall hold a city
24convention within the city on the second Friday following the
25primary election. The city central committee shall set the
26time and place of the convention and shall file the same in
27the office of the city clerk at least ten days prior to the
28convention.
29 Sec. 43. Section 420.137, Code 2022, is amended to read as
30follows:
31420.137 Applicable laws.
32All laws governing political parties and the nomination of
33candidates in elections shall, as far as applicable, govern the
34political parties and nomination and election of candidates
35in cities acting under a special charter in 1973 and having a
-14-1population of fifty thousand or more, except where such a city
2by election chooses to conduct city elections under chapter 44,
345, or 376.
4 Sec. 44. CODE EDITOR DIRECTIVE.
51. The Code editor is directed to make the following
6transfers:
7a. Section 420.126 to section 376.12.
8b. Section 420.127 to section 376.13.
9c. Section 420.128 to section 376.14.
10d. Section 420.129 to section 376.15.
11e. Section 420.130 to section 376.16.
12f. Section 420.131 to section 376.17.
13g. Section 420.132 to section 376.18.
14h. Section 420.133 to section 376.19.
15i. Section 420.134 to section 376.20.
16j. Section 420.135 to section 376.21.
17k. Section 420.136 to section 376.22.
18l. Section 420.137 to section 376.23.
192. The Code editor shall correct internal references in the
20Code and in any enacted legislation as necessary due to the
21enactment of this section.
22 Sec. 45. REPEAL. Sections 376.4A, 376.6, and 376.9, Code
232022, are repealed.
24 Sec. 46. APPLICABILITY. This Act applies to elections held
25on or after January 1, 2025.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to nominations of candidates for elections
30to city, school district, and merged area offices. The bill
31requires candidates for such elections to be nominated by
32primary elections held pursuant to Code chapter 43 (partisan
33nominations — primary election). Currently such elections
34are nonpartisan except for special charter cities under Code
35chapter 420. The bill repeals other methods for the nomination
-15-1of candidates, including nominations by petition and runoff
2elections. The bill requires political parties in school
3districts to hold conventions for the nomination of members
4to the school district central committee for the purpose of
5holding primary elections in school districts and merged areas.
6The bill applies to elections held on or after January 1, 2025.
-16-ss/jh