House File 363 - IntroducedA Bill ForAn Act 1changing the date of the primary election.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 43.7, Code 2017, is amended to read as
2follows:
   343.7  Time of holding.
   4The primary election by all political parties shall be held
5at the usual voting places of the several precincts on the
6first Tuesday after the first Monday in June September in each
7even-numbered year.
8   Sec. 2.  Section 43.73, unnumbered paragraph 1, Code 2017,
9is amended to read as follows:
   10Not less than sixty-nine forty-six days before the general
11election the state commissioner shall certify to each
12commissioner, under separate party headings, the name of each
13person nominated as shown by the official canvass made by the
14executive council, or as certified to the state commissioner
15by the proper persons when any person has been nominated by
16a convention or by a party committee, or by petition, the
17office to which the person is nominated, and the order in which
18federal and state offices, judges, constitutional amendments,
19and state public measures shall appear on the official ballot.
20   Sec. 3.  Section 43.76, Code 2017, is amended to read as
21follows:
   2243.76  Withdrawal of nominated candidates.
   231.  A candidate nominated in a primary election for any
24office for which nomination papers are required to be filed
25with the state commissioner may withdraw as a nominee for that
26office on or before, but not later than, the eighty-ninth
27
 fiftieth day before the date of the general election by so
28notifying the state commissioner in writing.
   292.  A candidate nominated in a primary election for any
30office for which nomination papers are required to be filed
31with the commissioner may withdraw as a nominee for that
32office on or before, but not later than, the seventy-fourth
33
 fifty-fifth day before the date of the general election by so
34notifying the commissioner in writing.
35   Sec. 4.  Section 43.78, subsections 2 and 3, Code 2017, are
-1-1amended to read as follows:
   22.  The name of any candidate designated to fill a vacancy on
3the general election ballot in accordance with subsection 1,
4paragraph “a”, “b”, or “c”, shall be submitted in writing to the
5state commissioner not later than 5:00 p.m.on the eighty-first
6
 forty-sixth day before the date of the general election.
   73.  The name of any candidate designated to fill a vacancy
8on the general election ballot in accordance with subsection
91, paragraph “d”, “e”, or “f”, shall be submitted in writing to
10the commissioner not later than 5:00 p.m.on the sixty-ninth
11
 fifty-sixth day before the date of the general election.
12   Sec. 5.  Section 43.77, subsection 3, Code 2017, is amended
13to read as follows:
   143.  The person nominated in the primary election as the
15party’s candidate for that office subsequently withdrew as
16permitted by section 43.76, was found to lack the requisite
17qualifications for the office, or died, at a time not later
18than the eighty-ninth fiftieth day before the date of the
19general election in the case of an office for which nomination
20papers must be filed with the state commissioner and not later
21than the seventy-fourth fifty-fifth day before the date of the
22general election in the case of an office for which nomination
23papers must be filed with the county commissioner.
24   Sec. 6.  Section 43.79, Code 2017, is amended to read as
25follows:
   2643.79  Death of candidate after time for withdrawal.
   27The death of a candidate nominated as provided by law for any
28office to be filled at a general election, during the period
29beginning on the eighty-eighth fiftieth day before the general
30election, in the case of any candidate whose nomination papers
31were filed with the state commissioner, or beginning on the
32seventy-third fifty-fifth day before the general election, in
33the case of any candidate whose nomination papers were filed
34with the commissioner, and ending on the last day before the
35general election shall not operate to remove the deceased
-2-1candidate’s name from the general election ballot. If the
2deceased candidate was seeking the office of senator or
3representative in the Congress of the United States, governor,
4attorney general, senator or representative in the general
5assembly or county supervisor, section 49.58 shall control. If
6the deceased candidate was seeking any other office, and as a
7result of the candidate’s death a vacancy is subsequently found
8to exist, the vacancy shall be filled as provided by chapter
969.
10   Sec. 7.  Section 53.2, subsection 1, paragraph a, Code 2017,
11is amended to read as follows:
   12a.  Any registered voter, under the circumstances specified
13in section 53.1, may on any day, except election day, and
14not more than seventy forty-five days prior to before the
15date of the general election and not more than seventy days
16before the date of any other election
, apply in person for an
17absentee ballot at the commissioner’s office or at any location
18designated by the commissioner. However, for those elections
19in which the commissioner directs the polls be opened at noon
20pursuant to section 49.73, a voter may apply in person for an
21absentee ballot at the commissioner’s office from 8:00 a.m.
22until 11:00 a.m.on election day.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
   26This bill changes the date of holding the primary election
27from the first Tuesday after the first Monday in June in each
28even-numbered year to the first Tuesday after the first Monday
29in September in each even-numbered year. The dates for other
30deadlines related to the primary and general election are
31changed accordingly. Additional corresponding changes may be
32required.
-3-
aw/sc