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Senate File 23 - 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 2023, 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 2023, 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 2023,
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 2023, 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 2023, 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, the 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 2023, 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
25420.130 376.16. The number of eligible electors signing
26petitions required for printing the name of a candidate upon
27the official primary ballot shall be one hundred for an office
28to be filled by the voters of the entire city and twenty-five
29for an office to be filled by the voters of a subdivision of the
30city.
31 Sec. 7. Section 43.115, Code 2023, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 1A. All candidates for nominations to be
34made in school district primary elections held pursuant to
35section 43.112 shall file nomination papers with the secretary
-2-1of the school board no later than 5:00 p.m.forty days before
2the date of the election as established by section 43.114. The
3number of eligible electors signing petitions required for
4printing the name of a candidate upon the official primary
5ballot shall be twenty-five for a seat to be filled by the
6voters of the entire school district and ten for a seat to be
7filled by the voters of a director district.
8 Sec. 8. Section 43.116, Code 2023, is amended to read as
9follows:
1043.116 Ballot vacancies in special charter city and school
11district elections.
121. A vacancy on the ballot for an election at which city
13officers or school board members are to be chosen, and for
14which candidates have been nominated under this chapter, exists
15when any political party lacks a candidate for an office to be
16filled at that election because:
17a. Either no person filed at the time required by section
1843.115 as a candidate for the party’s nomination for that
19office in the city or school primary election held under
20section 43.112, or all persons who did so subsequently withdrew
21as candidates, were found to lack the requisite requirements
22for the office, or died before the date of the city or school
23 primary election, and no candidate received a number of
24write-in votes sufficient for nomination under section 43.53;
25or
26b. The person nominated in the city or school primary
27election as the party’s candidate for that office withdrew
28by giving written notice to that effect to the city clerk or
29secretary of the school board not later than 5:00 p.m.on the
30day of the canvass of that city or school primary election.
312. A ballot vacancy as defined by this section may be
32filled by the city or school district central committee of
33the party on whose ticket the vacancy exists or, in the case
34of an officer elected by the voters of a district within the
35city or school district, by those members of the committee who
-3-1represent the precincts lying within that district. The name
2of a candidate so designated to fill such a ballot vacancy
3shall be submitted in writing to the city clerk or school
4district not later than 5:00 p.m.on the seventh day following
5the city or school primary election.
63. If a special election is held to fill a vacancy in an
7elective city office or school board seat, nominations by
8political parties shall be made following the provisions of
9subsection 2.
10 Sec. 9. Section 43.118, Code 2023, is amended to read as
11follows:
1243.118 Expense.
131. The entire expense of conducting the city primary
14election and preparation of election registers shall be audited
15by the city council and paid by the city.
162. The entire expense of conducting the school primary
17election and preparation of election registers shall be audited
18by the school board and paid by the school district.
19 Sec. 10. Section 45.1, subsection 10, Code 2023, is amended
20by striking the subsection.
21 Sec. 11. Section 49.31, subsection 2, paragraph d, Code
222023, is amended to read as follows:
23d. On the regular and special city election and school
24election ballots the names of candidates for city, school
25district, and merged area offices shall be arranged by drawing
26lots for position. The commissioner shall hold the drawing on
27the second business day following the deadline for filing of
28nomination papers or petitions under sections 260C.15, 277.4,
29and 376.4. If a candidate withdraws, dies, or is removed
30from the ballot after the ballot position of names has been
31determined, such candidate’s name shall be removed from the
32ballot, and the order of the remaining names shall not be
33changed.
34 Sec. 12. Section 50.48, subsection 1, paragraph a,
35unnumbered paragraph 1, Code 2023, is amended to read as
-4-1follows:
2The county board of canvassers shall order a recount of the
3votes cast for a particular office or nomination in one or
4more specified election precincts in that county if a written
5request for a recount is made not later than 5:00 p.m.on the
6third day following the county board’s canvass of the election
7in question. For a city runoff election held pursuant to
8section 376.9, the written request must be made not later than
95:00 p.m.on the day following the county board’s canvass of
10the city runoff election. The request shall be filed with the
11commissioner of that county and shall be signed by either of
12the following:
13 Sec. 13. Section 50.48, subsection 8, Code 2023, is amended
14by striking the subsection.
15 Sec. 14. Section 69.12, subsection 1, paragraph b,
16subparagraph (2), Code 2023, is amended to read as follows:
17(2) The candidate filing deadline specified in section
18376.4 for the regular city election or the filing deadline
19specified in section 372.13, subsection 2, for a special city
20election.
21 Sec. 15. Section 260C.15, subsections 2 and 3, Code 2023,
22are amended to read as follows:
232. A candidate for member of the board of directors of a
24merged area shall be nominated by a petition signed by not
25less than fifty eligible electors of the director district
26from which the member is to be elected. The petition shall
27state the number of the director district from which the
28candidate seeks election, and the candidate’s name and status
29as an eligible elector of the director district. Signers of
30the petition, in addition to signing their names, shall show
31their residence, including street and number if any, the school
32district in which they reside, and the date they signed the
33petition. A person may sign nomination petitions for more
34than one candidate for the same office, and the signature
35is not invalid solely because the person signed nomination
-5-1petitions for one or more other candidates for the office. The
2petition shall include the affidavit of the candidate being
3nominated, stating the candidate’s name and residence, and
4that the individual is a candidate, is eligible for the office
5sought, and if elected will qualify for the office as provided
6in section 277.4.
73. Nomination papers on behalf of candidates for member of
8the board of directors of a merged area shall be filed with
9the secretary of the board not earlier than seventy-one days
10nor later than 5:00 p.m.on the forty-seventh day prior to
11the election at which members of the board are to be elected.
12 On the day following the last day on which certificates of
13 nomination petitions can be filed, and no later than 5:00 p.m.
14on that day, the secretary shall deliver all certificates
15of nomination petitions so filed, together with the text of
16any public measure being submitted by the board of directors
17to the electorate, to the merged area’s controlling county
18commissioner of elections under section 47.2. That controlling
19commissioner shall certify the names of candidates, and the
20text and summary of any public measure being submitted to the
21electorate, to all county commissioners of elections in the
22merged area by the forty-second day prior to the election.
23 Sec. 16. Section 260C.15, subsection 4, paragraphs a and b,
24Code 2023, are amended to read as follows:
25a. Objections to the legal sufficiency of a nomination
26petition or to the eligibility of a candidate may be filed by
27any person who would have the right to vote for a candidate for
28the office in question.
29b. The objection must be filed with the secretary of the
30board at least forty-two days before the day of the election
31at which members of the board are elected. When objections
32are filed, notice shall immediately be given to the candidate
33affected, addressed to the candidate’s place of residence as
34given on the candidate’s affidavit, stating that objections
35have been made to the legal sufficiency of the petition or to
-6-1the eligibility of the candidate, and also stating the time and
2place the objections will be considered. The board secretary
3shall also attempt to notify the candidate by telephone if
4the candidate provided a telephone number on the candidate’s
5affidavit.
6 Sec. 17. Section 275.25, subsection 1, paragraph b, Code
72023, is amended to read as follows:
8b. The election shall be conducted as provided in section
9 sections 277.3, and nomination petitions shall be filed
10pursuant to section 277.4, except as otherwise provided in
11this subsection. Nomination petitions shall be filed with the
12secretary of the board of the existing school district in which
13the candidate resides not less than twenty-eight days before
14the date set for the special school election. The secretary of
15the board, or the secretary’s designee, shall be present in the
16secretary’s office until 5:00 p.m.on the final day to file the
17nomination papers. The nomination papers shall be delivered to
18the commissioner no later than 5:00 p.m.on the twenty-seventh
19day before the election.
20 Sec. 18. Section 277.4, Code 2023, is amended by striking
21the section and inserting in lieu thereof the following:
22277.4 Nominations — primary elections.
23Nominations shall be made by primary elections held pursuant
24to sections 43.112 through 43.118 and 277.8 through 277.19.
25 Sec. 19. Section 277.5, subsection 1, Code 2023, is amended
26to read as follows:
271. Objections to the legal sufficiency of a nomination
28petition or to the eligibility of a candidate may be filed by
29any person who would have the right to vote for a candidate for
30the office in question. The objection must be filed with the
31secretary of the school board at least forty-two days before
32the day of the school election. When objections are filed
33notice shall forthwith be given to the candidate affected,
34addressed to the candidate’s place of residence as given on the
35candidate’s affidavit, stating that objections have been made
-7-1to the legal sufficiency of the petition or to the eligibility
2of the candidate, and also stating the time and place the
3objections will be considered.
4 Sec. 20. NEW SECTION. 277.8 School district convention.
5Political parties in school districts shall hold a school
6district convention within the school district on the second
7Friday following the primary election. The school district
8central committee shall set the time and place of the
9convention and shall file the same in the office of the school
10board at least ten days prior to the convention.
11 Sec. 21. NEW SECTION. 277.9 School district convention —
12delegates elected.
13Delegates to school district conventions of their respective
14political parties shall be elected at precinct caucuses held
15at 8:00 p.m.on the third Monday in August of the same year in
16which the school election is conducted. The precinct caucuses
17shall be convened within the boundaries of each precinct at
18places designated by the school district central committee.
19The chairperson of the school district central committee shall
20file with the school board a certified list of places where the
21precinct caucuses will be held not later than ten days prior
22to the date of the caucus and shall cause the time and place of
23said caucus to be published in two newspapers within the school
24district not later than ten days prior to the convening of the
25precinct caucus.
26 Sec. 22. NEW SECTION. 277.10 School district convention
27— chairperson and secretary.
28The school district precinct caucus shall elect, by a
29majority vote of those present, a chairperson and secretary
30who shall certify to the school district central committee
31and school board the names and addresses of those elected as
32delegates to the school district convention. The number of
33delegates from each voting precinct shall be determined by
34a ratio adopted by the respective political party’s school
35district central committee, and the chairperson of the school
-8-1district central committee shall file with the school board a
2statement designating the number of delegates for each voting
3precinct in the school district not less than twenty-five days
4before the date of the precinct caucuses. If the chairperson
5of the school district central committee fails to so act, the
6county chairperson shall designate the number of delegates
7to be elected from each voting precinct and shall cause such
8information to be published in two newspapers within the school
9district at least ten days prior to holding the precinct
10caucuses.
11 Sec. 23. NEW SECTION. 277.11 School district convention
12delegates — term.
13The delegates shall hold office from the day following the
14election for a period of two years.
15 Sec. 24. NEW SECTION. 277.12 School district precinct
16candidates — affidavit of candidacy.
17Candidates for school district precinct committee member
18shall cause their names to be printed on the primary ballot by
19filing an affidavit as provided for in section 43.18 with the
20county commissioner of elections at least forty days prior to
21the day fixed for conducting the primary election.
22 Sec. 25. NEW SECTION. 277.13 Members from each school
23district precinct.
24Two persons for each political party shall be elected from
25each precinct to the school district central committee at
26the primary election. They shall hold office for a period
27of two years immediately following the adjournment of the
28school district convention, or until their successors are duly
29elected and qualified, unless sooner removed by the school
30district central committee for failing to perform the duties
31of committee members, incompetency, or failing to support the
32ticket nominated by their respective party.
33 Sec. 26. NEW SECTION. 277.14 School district committee
34meetings — vacancies.
35The school district central committee shall commence
-9-1performing their duties on the day of the school district
2convention and vacancies occurring therein may be filled by
3the school district chairperson subject to confirmation of the
4central committee.
5 Sec. 27. NEW SECTION. 277.15 School district central
6committee — returns of election.
7Election judges shall make returns of the election of
8members of the school district central committee in the same
9manner as returns are conducted for other officers except that
10the election judges shall canvass the returns as to members
11of the school district central committee, and certify the
12results thereof to the county commissioner of elections with
13the returns.
14 Sec. 28. NEW SECTION. 277.16 School district central
15committee — certified list of those elected.
16After the canvass of votes by the county board of
17supervisors, the county commissioner of elections shall notify
18the members of the school district central committee who have
19been elected of the time and place of holding the school
20district convention, and shall deliver a certified list of
21those elected to the chairperson of their respective political
22party’s central committee in the school district on or before
23the second Thursday following the primary election.
24 Sec. 29. NEW SECTION. 277.17 School district convention —
25elected delegates.
26The school district convention shall be composed of the
27delegates elected at the last preceding school district
28precinct caucus, and the secretary of the school board shall
29forward a certified list of said elected delegates at least ten
30days prior to the school district convention to the chairperson
31of the school district central committee.
32 Sec. 30. NEW SECTION. 277.18 Duties of school board
33secretary.
34The secretary of the school board shall keep a certified
35list of delegates to the school district convention elected at
-10-1the precinct caucuses and a record of the precinct committee
2members elected at the primary election. The secretary of the
3school board shall maintain a current list of all members of
4the school district central committee. The certified list and
5records shall be maintained by the secretary of the school
6district for at least two years subsequent to the election
7of the delegates and precinct committee members and shall be
8available for public inspection.
9 Sec. 31. NEW SECTION. 277.19 Applicable laws.
10All laws governing political parties and the nomination of
11candidates in elections shall, as far as applicable, govern the
12political parties and nomination and election of candidates in
13school districts.
14 Sec. 32. Section 279.6, subsection 1, paragraph b,
15subparagraph (1), Code 2023, is amended to read as follows:
16(1) If within fourteen days after publication of a notice
17required pursuant to paragraph “a” for a vacancy that occurs
18more than one hundred eighty days before the next regular
19school election, or after the filing period closes pursuant
20to section 277.4, subsection 1, for the next regular school
21election, there is filed with the secretary of the school board
22a petition requesting a special election to fill the vacancy,
23an appointment to fill the vacancy is temporary until a
24successor is elected and qualified, and the board shall call a
25special election pursuant to section 279.7, to fill the vacancy
26for the remaining balance of the unexpired term.
27 Sec. 33. Section 279.7, subsection 4, Code 2023, is amended
28to read as follows:
294. Nomination petitions Nominations shall be filed made in
30the manner provided in section 277.4, except that the petitions
31shall be filed not less than twenty-five days before the date
32set for the election.
33 Sec. 34. Section 331.383, Code 2023, is amended to read as
34follows:
35331.383 Duties and powers relating to elections.
-11- 1The board shall ensure that the county commissioner of
2elections conducts primary, general, city, school, and special
3elections in accordance with applicable state law. The board
4shall canvass elections in accordance with sections 43.49
5through 43.51, 43.60 through 43.62, 46.24, 50.13, 50.24 through
650.29, 50.44 through 50.47, 260C.39, 275.25, 277.20, 376.1,
7and 376.7, and 376.9. The board shall prepare and deliver a
8list of persons nominated in accordance with section 43.55,
9provide for a recount in accordance with section 50.48, provide
10for election precincts in accordance with sections 49.3, 49.4,
1149.6 through 49.8, and 49.11, pay election costs as provided
12in section 47.3, participate in election contests as provided
13in sections 62.1A and 62.9, and perform other election duties
14required by state law. The board shall provide for the use of
15an optical scan voting system as provided in sections 52.2 and
1652.3, and exercise other election powers as provided by state
17law.
18 Sec. 35. Section 376.3, Code 2023, is amended to read as
19follows:
20376.3 Nominations.
21Candidates for elective city offices must be nominated as
22provided in sections 376.4 through 376.9 unless by ordinance
23a city chooses the provisions of chapter 44 or 45. However,
24a city acting under a special charter in 1973 and having a
25population of over fifty thousand shall continue to hold
26partisan elections as provided in sections 43.112 through
2743.118 and sections 420.126 376.12 through 420.137 unless the
28city by election as provided in section 43.112 chooses to
29conduct city elections under this chapter or chapter 44 or 45
30376.23. The choice of one of these options by such a special
31charter city does not otherwise affect the validity of the
32city’s charter. However, special charter cities which choose
33to exercise the option to conduct nonpartisan city elections
34may choose in the same manner the original decision was made,
35to resume holding city elections on a partisan basis.
-12-1 Sec. 36. Section 376.4, subsections 1, 2, 3, 4, 5, and 7,
2Code 2023, are amended by striking the subsections.
3 Sec. 37. Section 376.5, Code 2023, is amended to read as
4follows:
5376.5 Publication of ballot.
6Notice for each regular, special, primary, or runoff city
7election shall be published by the county commissioner of
8elections as provided in section 362.3, except that notice of a
9regular, primary, or runoff election may be published not less
10than four days before the date of the election. The published
11notice must list the names of all candidates, and must not
12contain any party designations. The published notice must
13include any question to be submitted to the voters. The notice
14may contain one or more facsimiles of the portion of the ballot
15containing the first arrangement of candidates as prescribed
16by section 49.31, subsection 2.
17 Sec. 38. Section 376.7, subsection 1, Code 2023, is amended
18to read as follows:
191. If a primary election is necessary, it The primary
20election shall be held on the Tuesday four weeks before the
21date of the regular city election. For each office on the
22ballot, a voter shall only vote for the number of persons to
23be elected to that office at the regular city election. The
24county board of supervisors shall publicly canvass the tally
25lists of the vote cast in the primary election, following the
26procedures prescribed in section 50.24, at a meeting to be held
27on the second day following the primary election, and beginning
28no earlier than 1:00 p.m.on that day.
29 Sec. 39. Section 376.8, subsections 2 and 3, Code 2023, are
30amended by striking the subsections.
31 Sec. 40. Section 376.11, subsection 2, Code 2023, is amended
32to read as follows:
332. Except in cities where the council has chosen a runoff
34election in lieu of a primary, following Following the
35resignation of a person who was elected by write-in votes,
-13-1the city clerk shall notify the person who received the next
2highest number of votes cast for the office that the person
3may assume the office. If there is more than one person who
4received the next highest number of votes cast for the office,
5lots shall be drawn pursuant to section 50.44 to determine the
6person who received the next highest number of votes. If the
7person accepts the position, the person shall be considered the
8duly elected officer unless, within ten days after the clerk
9has given notice, a petition requesting a special election
10is filed by eligible electors of the city equal in number to
11twenty-five percent of the number of persons who voted for the
12office at the election. If the person declines, the person
13shall do so in writing to the city clerk within ten days and the
14office shall be considered vacant at the end of the term. The
15vacancy shall be filled pursuant to the provisions of section
16372.13, subsection 2. If the council chooses to appoint, the
17appointment may be made before the end of the current term.
18 Sec. 41. Section 376.11, subsections 4 and 5, Code 2023, are
19amended by striking the subsections.
20 Sec. 42. Section 420.126, Code 2023, is amended to read as
21follows:
22420.126 City convention.
23Political parties in special charter cities having a
24population of fifty thousand or more a city shall hold a city
25convention within the city on the second Friday following the
26primary election. The city central committee shall set the
27time and place of the convention and shall file the same in
28the office of the city clerk at least ten days prior to the
29convention.
30 Sec. 43. Section 420.137, Code 2023, is amended to read as
31follows:
32420.137 Applicable laws.
33All laws governing political parties and the nomination of
34candidates in elections shall, as far as applicable, govern the
35political parties and nomination and election of candidates
-14-1in cities acting under a special charter in 1973 and having a
2population of fifty thousand or more, except where such a city
3by election chooses to conduct city elections under chapter 44,
445, or 376.
5 Sec. 44. CODE EDITOR DIRECTIVE.
61. The Code editor is directed to make the following
7transfers:
8a. Section 420.126, as amended by this Act, to section
9376.12.
10b. Section 420.127 to section 376.13.
11c. Section 420.128 to section 376.14.
12d. Section 420.129 to section 376.15.
13e. Section 420.130 to section 376.16.
14f. Section 420.131 to section 376.17.
15g. Section 420.132 to section 376.18.
16h. Section 420.133 to section 376.19.
17i. Section 420.134 to section 376.20.
18j. Section 420.135 to section 376.21.
19k. Section 420.136 to section 376.22.
20l. Section 420.137, as amended by this Act, to section
21376.23.
222. The Code editor shall correct internal references in the
23Code and in any enacted legislation as necessary due to the
24enactment of this section.
25 Sec. 45. REPEAL. Sections 376.4A, 376.6, and 376.9, Code
262023, are repealed.
27 Sec. 46. APPLICABILITY. This Act applies to elections held
28on or after January 1, 2025.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill relates to nominations of candidates for elections
33to city, school district, and merged area offices. The bill
34requires candidates for such elections to be nominated by
35primary elections held pursuant to Code chapter 43 (partisan
-15-1nominations — primary election). Currently such elections
2are nonpartisan except for special charter cities under Code
3chapter 420. The bill repeals other methods for the nomination
4of candidates, including nominations by petition and runoff
5elections. The bill requires political parties in school
6districts to hold conventions for the nomination of members
7to the school district central committee for the purpose of
8holding primary elections in school districts and merged areas.
9The bill applies to elections held on or after January 1, 2025.
-16-ss/ns
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 2023, 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 2023, 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 2023,
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 2023, 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 2023, 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, the 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 2023, 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
25420.130 376.16. The number of eligible electors signing
26petitions required for printing the name of a candidate upon
27the official primary ballot shall be one hundred for an office
28to be filled by the voters of the entire city and twenty-five
29for an office to be filled by the voters of a subdivision of the
30city.
31 Sec. 7. Section 43.115, Code 2023, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 1A. All candidates for nominations to be
34made in school district primary elections held pursuant to
35section 43.112 shall file nomination papers with the secretary
-2-1of the school board no later than 5:00 p.m.forty days before
2the date of the election as established by section 43.114. The
3number of eligible electors signing petitions required for
4printing the name of a candidate upon the official primary
5ballot shall be twenty-five for a seat to be filled by the
6voters of the entire school district and ten for a seat to be
7filled by the voters of a director district.
8 Sec. 8. Section 43.116, Code 2023, is amended to read as
9follows:
1043.116 Ballot vacancies in special charter city and school
11district elections.
121. A vacancy on the ballot for an election at which city
13officers or school board members are to be chosen, and for
14which candidates have been nominated under this chapter, exists
15when any political party lacks a candidate for an office to be
16filled at that election because:
17a. Either no person filed at the time required by section
1843.115 as a candidate for the party’s nomination for that
19office in the city or school primary election held under
20section 43.112, or all persons who did so subsequently withdrew
21as candidates, were found to lack the requisite requirements
22for the office, or died before the date of the city or school
23 primary election, and no candidate received a number of
24write-in votes sufficient for nomination under section 43.53;
25or
26b. The person nominated in the city or school primary
27election as the party’s candidate for that office withdrew
28by giving written notice to that effect to the city clerk or
29secretary of the school board not later than 5:00 p.m.on the
30day of the canvass of that city or school primary election.
312. A ballot vacancy as defined by this section may be
32filled by the city or school district central committee of
33the party on whose ticket the vacancy exists or, in the case
34of an officer elected by the voters of a district within the
35city or school district, by those members of the committee who
-3-1represent the precincts lying within that district. The name
2of a candidate so designated to fill such a ballot vacancy
3shall be submitted in writing to the city clerk or school
4district not later than 5:00 p.m.on the seventh day following
5the city or school primary election.
63. If a special election is held to fill a vacancy in an
7elective city office or school board seat, nominations by
8political parties shall be made following the provisions of
9subsection 2.
10 Sec. 9. Section 43.118, Code 2023, is amended to read as
11follows:
1243.118 Expense.
131. The entire expense of conducting the city primary
14election and preparation of election registers shall be audited
15by the city council and paid by the city.
162. The entire expense of conducting the school primary
17election and preparation of election registers shall be audited
18by the school board and paid by the school district.
19 Sec. 10. Section 45.1, subsection 10, Code 2023, is amended
20by striking the subsection.
21 Sec. 11. Section 49.31, subsection 2, paragraph d, Code
222023, is amended to read as follows:
23d. On the regular and special city election and school
24election ballots the names of candidates for city, school
25district, and merged area offices shall be arranged by drawing
26lots for position. The commissioner shall hold the drawing on
27the second business day following the deadline for filing of
28nomination papers or petitions under sections 260C.15, 277.4,
29and 376.4. If a candidate withdraws, dies, or is removed
30from the ballot after the ballot position of names has been
31determined, such candidate’s name shall be removed from the
32ballot, and the order of the remaining names shall not be
33changed.
34 Sec. 12. Section 50.48, subsection 1, paragraph a,
35unnumbered paragraph 1, Code 2023, is amended to read as
-4-1follows:
2The county board of canvassers shall order a recount of the
3votes cast for a particular office or nomination in one or
4more specified election precincts in that county if a written
5request for a recount is made not later than 5:00 p.m.on the
6third day following the county board’s canvass of the election
7in question. For a city runoff election held pursuant to
8section 376.9, the written request must be made not later than
95:00 p.m.on the day following the county board’s canvass of
10the city runoff election. The request shall be filed with the
11commissioner of that county and shall be signed by either of
12the following:
13 Sec. 13. Section 50.48, subsection 8, Code 2023, is amended
14by striking the subsection.
15 Sec. 14. Section 69.12, subsection 1, paragraph b,
16subparagraph (2), Code 2023, is amended to read as follows:
17(2) The candidate filing deadline specified in section
18376.4 for the regular city election or the filing deadline
19specified in section 372.13, subsection 2, for a special city
20election.
21 Sec. 15. Section 260C.15, subsections 2 and 3, Code 2023,
22are amended to read as follows:
232. A candidate for member of the board of directors of a
24merged area shall be nominated by a petition signed by not
25less than fifty eligible electors of the director district
26from which the member is to be elected. The petition shall
27state the number of the director district from which the
28candidate seeks election, and the candidate’s name and status
29as an eligible elector of the director district. Signers of
30the petition, in addition to signing their names, shall show
31their residence, including street and number if any, the school
32district in which they reside, and the date they signed the
33petition. A person may sign nomination petitions for more
34than one candidate for the same office, and the signature
35is not invalid solely because the person signed nomination
-5-1petitions for one or more other candidates for the office. The
2petition shall include the affidavit of the candidate being
3nominated, stating the candidate’s name and residence, and
4that the individual is a candidate, is eligible for the office
5sought, and if elected will qualify for the office as provided
6in section 277.4.
73. Nomination papers on behalf of candidates for member of
8the board of directors of a merged area shall be filed with
9the secretary of the board not earlier than seventy-one days
10nor later than 5:00 p.m.on the forty-seventh day prior to
11the election at which members of the board are to be elected.
12 On the day following the last day on which certificates of
13 nomination petitions can be filed, and no later than 5:00 p.m.
14on that day, the secretary shall deliver all certificates
15of nomination petitions so filed, together with the text of
16any public measure being submitted by the board of directors
17to the electorate, to the merged area’s controlling county
18commissioner of elections under section 47.2. That controlling
19commissioner shall certify the names of candidates, and the
20text and summary of any public measure being submitted to the
21electorate, to all county commissioners of elections in the
22merged area by the forty-second day prior to the election.
23 Sec. 16. Section 260C.15, subsection 4, paragraphs a and b,
24Code 2023, are amended to read as follows:
25a. Objections to the legal sufficiency of a nomination
26petition or to the eligibility of a candidate may be filed by
27any person who would have the right to vote for a candidate for
28the office in question.
29b. The objection must be filed with the secretary of the
30board at least forty-two days before the day of the election
31at which members of the board are elected. When objections
32are filed, notice shall immediately be given to the candidate
33affected, addressed to the candidate’s place of residence as
34given on the candidate’s affidavit, stating that objections
35have been made to the legal sufficiency of the petition or to
-6-1the eligibility of the candidate, and also stating the time and
2place the objections will be considered. The board secretary
3shall also attempt to notify the candidate by telephone if
4the candidate provided a telephone number on the candidate’s
5affidavit.
6 Sec. 17. Section 275.25, subsection 1, paragraph b, Code
72023, is amended to read as follows:
8b. The election shall be conducted as provided in section
9 sections 277.3, and nomination petitions shall be filed
10pursuant to section 277.4, except as otherwise provided in
11this subsection. Nomination petitions shall be filed with the
12secretary of the board of the existing school district in which
13the candidate resides not less than twenty-eight days before
14the date set for the special school election. The secretary of
15the board, or the secretary’s designee, shall be present in the
16secretary’s office until 5:00 p.m.on the final day to file the
17nomination papers. The nomination papers shall be delivered to
18the commissioner no later than 5:00 p.m.on the twenty-seventh
19day before the election.
20 Sec. 18. Section 277.4, Code 2023, is amended by striking
21the section and inserting in lieu thereof the following:
22277.4 Nominations — primary elections.
23Nominations shall be made by primary elections held pursuant
24to sections 43.112 through 43.118 and 277.8 through 277.19.
25 Sec. 19. Section 277.5, subsection 1, Code 2023, is amended
26to read as follows:
271. Objections to the legal sufficiency of a nomination
28petition or to the eligibility of a candidate may be filed by
29any person who would have the right to vote for a candidate for
30the office in question. The objection must be filed with the
31secretary of the school board at least forty-two days before
32the day of the school election. When objections are filed
33notice shall forthwith be given to the candidate affected,
34addressed to the candidate’s place of residence as given on the
35candidate’s affidavit, stating that objections have been made
-7-1to the legal sufficiency of the petition or to the eligibility
2of the candidate, and also stating the time and place the
3objections will be considered.
4 Sec. 20. NEW SECTION. 277.8 School district convention.
5Political parties in school districts shall hold a school
6district convention within the school district on the second
7Friday following the primary election. The school district
8central committee shall set the time and place of the
9convention and shall file the same in the office of the school
10board at least ten days prior to the convention.
11 Sec. 21. NEW SECTION. 277.9 School district convention —
12delegates elected.
13Delegates to school district conventions of their respective
14political parties shall be elected at precinct caucuses held
15at 8:00 p.m.on the third Monday in August of the same year in
16which the school election is conducted. The precinct caucuses
17shall be convened within the boundaries of each precinct at
18places designated by the school district central committee.
19The chairperson of the school district central committee shall
20file with the school board a certified list of places where the
21precinct caucuses will be held not later than ten days prior
22to the date of the caucus and shall cause the time and place of
23said caucus to be published in two newspapers within the school
24district not later than ten days prior to the convening of the
25precinct caucus.
26 Sec. 22. NEW SECTION. 277.10 School district convention
27— chairperson and secretary.
28The school district precinct caucus shall elect, by a
29majority vote of those present, a chairperson and secretary
30who shall certify to the school district central committee
31and school board the names and addresses of those elected as
32delegates to the school district convention. The number of
33delegates from each voting precinct shall be determined by
34a ratio adopted by the respective political party’s school
35district central committee, and the chairperson of the school
-8-1district central committee shall file with the school board a
2statement designating the number of delegates for each voting
3precinct in the school district not less than twenty-five days
4before the date of the precinct caucuses. If the chairperson
5of the school district central committee fails to so act, the
6county chairperson shall designate the number of delegates
7to be elected from each voting precinct and shall cause such
8information to be published in two newspapers within the school
9district at least ten days prior to holding the precinct
10caucuses.
11 Sec. 23. NEW SECTION. 277.11 School district convention
12delegates — term.
13The delegates shall hold office from the day following the
14election for a period of two years.
15 Sec. 24. NEW SECTION. 277.12 School district precinct
16candidates — affidavit of candidacy.
17Candidates for school district precinct committee member
18shall cause their names to be printed on the primary ballot by
19filing an affidavit as provided for in section 43.18 with the
20county commissioner of elections at least forty days prior to
21the day fixed for conducting the primary election.
22 Sec. 25. NEW SECTION. 277.13 Members from each school
23district precinct.
24Two persons for each political party shall be elected from
25each precinct to the school district central committee at
26the primary election. They shall hold office for a period
27of two years immediately following the adjournment of the
28school district convention, or until their successors are duly
29elected and qualified, unless sooner removed by the school
30district central committee for failing to perform the duties
31of committee members, incompetency, or failing to support the
32ticket nominated by their respective party.
33 Sec. 26. NEW SECTION. 277.14 School district committee
34meetings — vacancies.
35The school district central committee shall commence
-9-1performing their duties on the day of the school district
2convention and vacancies occurring therein may be filled by
3the school district chairperson subject to confirmation of the
4central committee.
5 Sec. 27. NEW SECTION. 277.15 School district central
6committee — returns of election.
7Election judges shall make returns of the election of
8members of the school district central committee in the same
9manner as returns are conducted for other officers except that
10the election judges shall canvass the returns as to members
11of the school district central committee, and certify the
12results thereof to the county commissioner of elections with
13the returns.
14 Sec. 28. NEW SECTION. 277.16 School district central
15committee — certified list of those elected.
16After the canvass of votes by the county board of
17supervisors, the county commissioner of elections shall notify
18the members of the school district central committee who have
19been elected of the time and place of holding the school
20district convention, and shall deliver a certified list of
21those elected to the chairperson of their respective political
22party’s central committee in the school district on or before
23the second Thursday following the primary election.
24 Sec. 29. NEW SECTION. 277.17 School district convention —
25elected delegates.
26The school district convention shall be composed of the
27delegates elected at the last preceding school district
28precinct caucus, and the secretary of the school board shall
29forward a certified list of said elected delegates at least ten
30days prior to the school district convention to the chairperson
31of the school district central committee.
32 Sec. 30. NEW SECTION. 277.18 Duties of school board
33secretary.
34The secretary of the school board shall keep a certified
35list of delegates to the school district convention elected at
-10-1the precinct caucuses and a record of the precinct committee
2members elected at the primary election. The secretary of the
3school board shall maintain a current list of all members of
4the school district central committee. The certified list and
5records shall be maintained by the secretary of the school
6district for at least two years subsequent to the election
7of the delegates and precinct committee members and shall be
8available for public inspection.
9 Sec. 31. NEW SECTION. 277.19 Applicable laws.
10All laws governing political parties and the nomination of
11candidates in elections shall, as far as applicable, govern the
12political parties and nomination and election of candidates in
13school districts.
14 Sec. 32. Section 279.6, subsection 1, paragraph b,
15subparagraph (1), Code 2023, is amended to read as follows:
16(1) If within fourteen days after publication of a notice
17required pursuant to paragraph “a” for a vacancy that occurs
18more than one hundred eighty days before the next regular
19school election, or after the filing period closes pursuant
20to section 277.4, subsection 1, for the next regular school
21election, there is filed with the secretary of the school board
22a petition requesting a special election to fill the vacancy,
23an appointment to fill the vacancy is temporary until a
24successor is elected and qualified, and the board shall call a
25special election pursuant to section 279.7, to fill the vacancy
26for the remaining balance of the unexpired term.
27 Sec. 33. Section 279.7, subsection 4, Code 2023, is amended
28to read as follows:
294. Nomination petitions Nominations shall be filed made in
30the manner provided in section 277.4, except that the petitions
31shall be filed not less than twenty-five days before the date
32set for the election.
33 Sec. 34. Section 331.383, Code 2023, is amended to read as
34follows:
35331.383 Duties and powers relating to elections.
-11- 1The board shall ensure that the county commissioner of
2elections conducts primary, general, city, school, and special
3elections in accordance with applicable state law. The board
4shall canvass elections in accordance with sections 43.49
5through 43.51, 43.60 through 43.62, 46.24, 50.13, 50.24 through
650.29, 50.44 through 50.47, 260C.39, 275.25, 277.20, 376.1,
7and 376.7, and 376.9. The board shall prepare and deliver a
8list of persons nominated in accordance with section 43.55,
9provide for a recount in accordance with section 50.48, provide
10for election precincts in accordance with sections 49.3, 49.4,
1149.6 through 49.8, and 49.11, pay election costs as provided
12in section 47.3, participate in election contests as provided
13in sections 62.1A and 62.9, and perform other election duties
14required by state law. The board shall provide for the use of
15an optical scan voting system as provided in sections 52.2 and
1652.3, and exercise other election powers as provided by state
17law.
18 Sec. 35. Section 376.3, Code 2023, is amended to read as
19follows:
20376.3 Nominations.
21Candidates for elective city offices must be nominated as
22provided in sections 376.4 through 376.9 unless by ordinance
23a city chooses the provisions of chapter 44 or 45. However,
24a city acting under a special charter in 1973 and having a
25population of over fifty thousand shall continue to hold
26partisan elections as provided in sections 43.112 through
2743.118 and sections 420.126 376.12 through 420.137 unless the
28city by election as provided in section 43.112 chooses to
29conduct city elections under this chapter or chapter 44 or 45
30376.23. The choice of one of these options by such a special
31charter city does not otherwise affect the validity of the
32city’s charter. However, special charter cities which choose
33to exercise the option to conduct nonpartisan city elections
34may choose in the same manner the original decision was made,
35to resume holding city elections on a partisan basis.
-12-1 Sec. 36. Section 376.4, subsections 1, 2, 3, 4, 5, and 7,
2Code 2023, are amended by striking the subsections.
3 Sec. 37. Section 376.5, Code 2023, is amended to read as
4follows:
5376.5 Publication of ballot.
6Notice for each regular, special, primary, or runoff city
7election shall be published by the county commissioner of
8elections as provided in section 362.3, except that notice of a
9regular, primary, or runoff election may be published not less
10than four days before the date of the election. The published
11notice must list the names of all candidates, and must not
12contain any party designations. The published notice must
13include any question to be submitted to the voters. The notice
14may contain one or more facsimiles of the portion of the ballot
15containing the first arrangement of candidates as prescribed
16by section 49.31, subsection 2.
17 Sec. 38. Section 376.7, subsection 1, Code 2023, is amended
18to read as follows:
191. If a primary election is necessary, it The primary
20election shall be held on the Tuesday four weeks before the
21date of the regular city election. For each office on the
22ballot, a voter shall only vote for the number of persons to
23be elected to that office at the regular city election. The
24county board of supervisors shall publicly canvass the tally
25lists of the vote cast in the primary election, following the
26procedures prescribed in section 50.24, at a meeting to be held
27on the second day following the primary election, and beginning
28no earlier than 1:00 p.m.on that day.
29 Sec. 39. Section 376.8, subsections 2 and 3, Code 2023, are
30amended by striking the subsections.
31 Sec. 40. Section 376.11, subsection 2, Code 2023, is amended
32to read as follows:
332. Except in cities where the council has chosen a runoff
34election in lieu of a primary, following Following the
35resignation of a person who was elected by write-in votes,
-13-1the city clerk shall notify the person who received the next
2highest number of votes cast for the office that the person
3may assume the office. If there is more than one person who
4received the next highest number of votes cast for the office,
5lots shall be drawn pursuant to section 50.44 to determine the
6person who received the next highest number of votes. If the
7person accepts the position, the person shall be considered the
8duly elected officer unless, within ten days after the clerk
9has given notice, a petition requesting a special election
10is filed by eligible electors of the city equal in number to
11twenty-five percent of the number of persons who voted for the
12office at the election. If the person declines, the person
13shall do so in writing to the city clerk within ten days and the
14office shall be considered vacant at the end of the term. The
15vacancy shall be filled pursuant to the provisions of section
16372.13, subsection 2. If the council chooses to appoint, the
17appointment may be made before the end of the current term.
18 Sec. 41. Section 376.11, subsections 4 and 5, Code 2023, are
19amended by striking the subsections.
20 Sec. 42. Section 420.126, Code 2023, is amended to read as
21follows:
22420.126 City convention.
23Political parties in special charter cities having a
24population of fifty thousand or more a city shall hold a city
25convention within the city on the second Friday following the
26primary election. The city central committee shall set the
27time and place of the convention and shall file the same in
28the office of the city clerk at least ten days prior to the
29convention.
30 Sec. 43. Section 420.137, Code 2023, is amended to read as
31follows:
32420.137 Applicable laws.
33All laws governing political parties and the nomination of
34candidates in elections shall, as far as applicable, govern the
35political parties and nomination and election of candidates
-14-1in cities acting under a special charter in 1973 and having a
2population of fifty thousand or more, except where such a city
3by election chooses to conduct city elections under chapter 44,
445, or 376.
5 Sec. 44. CODE EDITOR DIRECTIVE.
61. The Code editor is directed to make the following
7transfers:
8a. Section 420.126, as amended by this Act, to section
9376.12.
10b. Section 420.127 to section 376.13.
11c. Section 420.128 to section 376.14.
12d. Section 420.129 to section 376.15.
13e. Section 420.130 to section 376.16.
14f. Section 420.131 to section 376.17.
15g. Section 420.132 to section 376.18.
16h. Section 420.133 to section 376.19.
17i. Section 420.134 to section 376.20.
18j. Section 420.135 to section 376.21.
19k. Section 420.136 to section 376.22.
20l. Section 420.137, as amended by this Act, to section
21376.23.
222. The Code editor shall correct internal references in the
23Code and in any enacted legislation as necessary due to the
24enactment of this section.
25 Sec. 45. REPEAL. Sections 376.4A, 376.6, and 376.9, Code
262023, are repealed.
27 Sec. 46. APPLICABILITY. This Act applies to elections held
28on or after January 1, 2025.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill relates to nominations of candidates for elections
33to city, school district, and merged area offices. The bill
34requires candidates for such elections to be nominated by
35primary elections held pursuant to Code chapter 43 (partisan
-15-1nominations — primary election). Currently such elections
2are nonpartisan except for special charter cities under Code
3chapter 420. The bill repeals other methods for the nomination
4of candidates, including nominations by petition and runoff
5elections. The bill requires political parties in school
6districts to hold conventions for the nomination of members
7to the school district central committee for the purpose of
8holding primary elections in school districts and merged areas.
9The bill applies to elections held on or after January 1, 2025.
-16-ss/ns