Senate Joint Resolution 4 - IntroducedA Bill ForA Joint Resolution 1proposing an amendment to the Constitution
2of the State of Iowa relating to elections for the recall of
3elected officials.
1   Section 1.  The following amendment to the Constitution of
2the State of Iowa is proposed:
   3Article II of the Constitution of the State of Iowa is
4amended by adding the following new section:
   5Sec. 8.  Recall elections.
   61.  The qualified electors of the state, a legislative
7district, or a county may petition for the recall of an
8incumbent elected official after the first year of the term for
9which the incumbent was elected by filing a petition with the
10official with whom the nomination petition to the office was
11filed demanding the recall of the incumbent.
   12a.  The recall petition must be signed by electors equaling
13at least twenty-five percent of the votes cast for the office
14of governor at the last preceding election in the state,
15county, or district which the incumbent represents.
   16b.  The official with whom the recall petition is filed shall
17call a recall election for the Tuesday of the sixth week after
18the date of filing the petition or, if that Tuesday is a legal
19holiday, on the first day after that Tuesday which is not a
20legal holiday.
   21c.  The incumbent shall continue to perform the duties of
22the office until the recall election results are officially
   24d.  Unless the incumbent declines within ten days after the
25filing of the petition, the incumbent shall without filing
26be deemed to have filed a nomination petition for the recall
27primary or election, as applicable. Other candidates may
28file for the office in the manner provided by law for special
29elections. For the purpose of conducting elections under this
   31(1)  When more than two persons compete for a nonpartisan
32office, a recall primary shall be held. The two persons
33receiving the highest number of votes in the recall primary
34shall be the two candidates in the recall election, except that
35if any candidate receives a majority of the total number of
-1-1votes cast in the recall primary, that candidate shall assume
2the office for the remainder of the term and a recall election
3shall not be held.
   4(2)  For a partisan office, a recall primary shall be held
5for each political party, as defined by law, from which more
6than one candidate competes for the party’s nomination in the
7recall election. The person receiving the highest number of
8votes in the recall primary for each political party shall be
9that party’s candidate in the recall election. Independent
10candidates and candidates representing nonparty political
11organizations shall be shown on the ballot for the recall
12election only.
   13(3)  When a recall primary is required, the date specified
14under paragraph “b” shall be the date of the recall primary and
15the recall election shall be held on the Tuesday of the fourth
16week after the recall primary or, if that Tuesday is a legal
17holiday, on the first day after that Tuesday which is not a
18legal holiday.
   19e.  The person who receives the highest number of votes in
20the recall election shall be elected for the remainder of the
   22f.  After one petition and recall election pursuant to this
23section, no further recall petition shall be filed against the
24same officer during the term for which the officer was elected.
   252.  The general assembly may enact laws to implement this
27   Sec. 2.REFERRAL AND PUBLICATION.   The foregoing proposed
28amendment to the Constitution of the State of Iowa is referred
29to the general assembly to be chosen at the next general
30election for members of the general assembly, and shall be
31published as provided by law for three consecutive months
32previous to the date of that election.
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
   1This joint resolution proposes an amendment to the
2Constitution of the State of Iowa relating to recall elections
3for elected officials. The amendment allows the electors of
4the state, a legislative district, or a county to call for
5the recall of an elected official after the first year of the
6elected official’s term. The amendment requires the electors
7to submit a petition signed by electors equaling at least 25
8percent of the votes cast for the office of governor in the
9last preceding election in the relevant area. Upon receipt of
10the petition, the official with whom nomination petitions for
11the office are filed shall call a recall election on the sixth
12Tuesday following filing of the petition. The incumbent shall
13continue to perform the incumbent’s duties until the results of
14the recall election are officially declared.
   15Unless the incumbent declines within 10 days, the incumbent
16shall be deemed to have filed to participate in the election.
17The amendment provides for recall primary elections when more
18than two persons file to compete in a recall election for a
19nonpartisan office and for each recall election for a partisan
20office. In a recall primary for a nonpartisan office, if one
21candidate receives a majority of the total number of votes
22cast, that candidate shall assume the office and a recall
23election shall not be held. Otherwise, whichever candidate
24receives the highest number of votes in a recall election shall
25be elected for the remainder of the original incumbent’s term.
26The amendment prohibits more than one recall election from
27being called against a given elected official in a single term.
   28The resolution, if adopted, would be published and then
29referred to the next general assembly (91st) for adoption,
30before being submitted to the electorate for ratification.