House File 2480 - Introduced HOUSE FILE 2480 BY STOLTENBERG A BILL FOR An Act requiring primary elections for the nomination of 1 candidates for city, school district, and merged area 2 elections, and including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5911YH (8) 90 ss/ns
H.F. 2480 Section 1. Section 43.24, subsection 1, paragraph b, 1 subparagraph (4), Code 2024, is amended to read as follows: 2 (4) Those filed with the city clerk or the secretary of 3 the school board under this chapter , at least thirty-six days 4 before the city or school primary election. 5 Sec. 2. Section 43.24, subsection 3, Code 2024, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . d. Objections filed with the secretary of 8 the school board shall be considered as provided in paragraph 9 b . The secretary of the school board shall forward the 10 objection to the commissioner of a county including the school 11 district. 12 Sec. 3. Section 43.78, subsection 1, paragraph f, Code 2024, 13 is amended to read as follows: 14 f. For any other partisan office filled by the voters of a 15 subdivision of a county, by those members of the partys county 16 central committee who represent the precincts lying within that 17 district, who shall be convened or reconvened as appropriate by 18 the county party chairperson. However, this paragraph shall 19 not apply to partisan city offices in special charter cities 20 for which candidates are nominated under this chapter , but such 21 ballot vacancies shall be filled as provided by section 43.116 . 22 Sec. 4. Section 43.112, Code 2024, is amended to read as 23 follows: 24 43.112 Nominations in certain cities and school districts . 25 1. This chapter shall, so far as applicable, govern the 26 nominations of candidates by political parties for all offices 27 to be filled by a direct vote of the people in cities acting 28 under a special charter in 1973 and having a population of 29 over fifty thousand, except all such cities as choose by 30 special election to conduct nonpartisan city elections under 31 the provisions of chapter 44 , 45 , or 376 . An election on the 32 question of conducting city elections in such a special charter 33 city on a nonpartisan basis may be called by the city council 34 on its own initiative, and shall be called by the council upon 35 -1- LSB 5911YH (8) 90 ss/ns 1/ 13
H.F. 2480 receipt of a petition of the voters which so requests and 1 is presented in conformity with section 362.4 , but a special 2 election on that question shall be held concurrently with any 3 election being held on the first Tuesday after the first Monday 4 in November of any odd-numbered year and school districts . 5 2. Sections 43.114 through 43.118 shall apply only to all 6 cities to which this chapter is made applicable by this section 7 and school districts . 8 Sec. 5. Section 43.114, Code 2024, is amended to read as 9 follows: 10 43.114 Time of holding special charter city or school 11 district primary. 12 In special charter cities and school districts holding a 13 city or school district primary election under the provisions 14 of section 43.112 , the primary shall be held on the first 15 Tuesday in October of the year in which regular city or school 16 elections are held. 17 Sec. 6. Section 43.115, subsection 1, Code 2024, is amended 18 to read as follows: 19 1. All candidates for nominations to be made in city primary 20 elections held pursuant to section 43.112 shall file nomination 21 papers with the city clerk no later than 5:00 p.m. forty days 22 before the date of the election as established by section 23 43.114 , except that candidates for precinct committee member 24 shall file affidavits of candidacy as required by section 25 420.130 . The number of eligible electors signing petitions 26 required for printing the name of a candidate upon the official 27 primary ballot shall be one hundred for an office to be filled 28 by the voters of the entire city and twenty-five for an office 29 to be filled by the voters of a subdivision of the city. 30 Sec. 7. Section 43.115, Code 2024, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 1A. All candidates for nominations to be 33 made in school district primary elections held pursuant to 34 section 43.112 shall file nomination papers with the secretary 35 -2- LSB 5911YH (8) 90 ss/ns 2/ 13
H.F. 2480 of the school board no later than 5:00 p.m. forty days before 1 the date of the election as established by section 43.114. The 2 number of eligible electors signing petitions required for 3 printing the name of a candidate upon the official primary 4 ballot shall be twenty-five for a seat to be filled by the 5 voters of the entire school district and ten for a seat to be 6 filled by the voters of a director district. 7 Sec. 8. Section 43.116, Code 2024, is amended to read as 8 follows: 9 43.116 Ballot vacancies in special charter city and school 10 district elections. 11 1. A vacancy on the ballot for an election at which city 12 officers or school board members are to be chosen, and for 13 which candidates have been nominated under this chapter , exists 14 when any political party lacks a candidate for an office to be 15 filled at that election because: 16 a. Either no person filed at the time required by section 17 43.115 as a candidate for the partys nomination for that 18 office in the city or school primary election held under 19 section 43.112 , or all persons who did so subsequently withdrew 20 as candidates, were found to lack the requisite requirements 21 for the office, or died before the date of the city or school 22 primary election, and no candidate received a number of 23 write-in votes sufficient for nomination under section 43.53 ; 24 or 25 b. The person nominated in the city or school primary 26 election as the partys candidate for that office withdrew 27 by giving written notice to that effect to the city clerk or 28 secretary of the school board not later than 5:00 p.m. on the 29 day of the canvass of that city or school primary election. 30 2. A ballot vacancy as defined by this section may be filled 31 by the city central committee of the party on whose ticket 32 the vacancy exists or, in the case of an officer elected by 33 the voters of a district within the city, by those members of 34 the committee who represent the precincts lying within that 35 -3- LSB 5911YH (8) 90 ss/ns 3/ 13
H.F. 2480 district. The name of a candidate so designated to fill such a 1 ballot vacancy shall be submitted in writing to the city clerk 2 or school district not later than 5:00 p.m. on the seventh day 3 following the city or school primary election. 4 3. If a special election is held to fill a vacancy in an 5 elective city office or school board seat , nominations by 6 political parties shall be made following the provisions of 7 subsection 2 . 8 Sec. 9. Section 43.118, Code 2024, is amended to read as 9 follows: 10 43.118 Expense. 11 1. The entire expense of conducting the city primary 12 election and preparation of election registers shall be audited 13 by the city council and paid by the city. 14 2. The entire expense of conducting the school primary 15 election and preparation of election registers shall be audited 16 by the school board and paid by the school district. 17 Sec. 10. Section 45.1, subsection 9, paragraph a, Code 2024, 18 is amended to read as follows: 19 a. Except as otherwise provided in subsection 10 , in 20 In cities having a population of twenty-five thousand or 21 greater according to the most recent federal decennial census, 22 nominations may be made by nomination papers signed by not less 23 than seventy-five eligible electors who are residents of the 24 city or ward. 25 Sec. 11. Section 45.1, subsection 10, Code 2024, is amended 26 by striking the subsection. 27 Sec. 12. Section 49.31, subsection 2, paragraph d, Code 28 2024, is amended to read as follows: 29 d. On the regular and special city election and school 30 election ballots the names of candidates for city, school 31 district, and merged area offices shall be arranged by drawing 32 lots for position. The commissioner shall hold the drawing on 33 the second business day following the deadline for filing of 34 nomination papers or petitions under sections 260C.15 , 277.4 , 35 -4- LSB 5911YH (8) 90 ss/ns 4/ 13
H.F. 2480 and 376.4 . If a candidate withdraws, dies, or is removed 1 from the ballot after the ballot position of names has been 2 determined, such candidates name shall be removed from the 3 ballot, and the order of the remaining names shall not be 4 changed. 5 Sec. 13. Section 50.48, subsection 1, paragraph a, 6 unnumbered paragraph 1, Code 2024, is amended to read as 7 follows: 8 The county board of canvassers shall order a recount of the 9 votes cast for a particular office or nomination in one or 10 more specified election precincts in that county if a written 11 request for a recount is made not later than 5:00 p.m. on the 12 third day following the county boards canvass of the election 13 in question. For a city runoff election held pursuant to 14 section 376.9 , the written request must be made not later than 15 5:00 p.m. on the day following the county boards canvass of 16 the city runoff election. The request shall be filed with the 17 commissioner of that county and shall be signed by either of 18 the following: 19 Sec. 14. Section 50.48, subsection 8, Code 2024, is amended 20 by striking the subsection. 21 Sec. 15. Section 69.12, subsection 1, paragraph b, 22 subparagraph (2), Code 2024, is amended to read as follows: 23 (2) The candidate filing deadline specified in section 24 376.4 for the regular city election or the filing deadline 25 specified in section 372.13, subsection 2 , for a special city 26 election. 27 Sec. 16. Section 260C.15, subsections 2 and 3, Code 2024, 28 are amended to read as follows: 29 2. A candidate for member of the board of directors of a 30 merged area shall be nominated by a petition signed by not 31 less than fifty eligible electors of the director district 32 from which the member is to be elected. The petition shall 33 state the number of the director district from which the 34 candidate seeks election, and the candidates name and status 35 -5- LSB 5911YH (8) 90 ss/ns 5/ 13
H.F. 2480 as an eligible elector of the director district. Signers of 1 the petition, in addition to signing their names, shall show 2 their residence, including street and number if any, the school 3 district in which they reside, and the date they signed the 4 petition. A person may sign nomination petitions for more 5 than one candidate for the same office, and the signature 6 is not invalid solely because the person signed nomination 7 petitions for one or more other candidates for the office. The 8 petition shall include the affidavit of the candidate being 9 nominated, stating the candidates name and residence, and 10 that the individual is a candidate, is eligible for the office 11 sought, and if elected will qualify for the office as provided 12 in section 277.4 . 13 3. Nomination papers on behalf of candidates for member of 14 the board of directors of a merged area shall be filed with 15 the secretary of the board not earlier than seventy-one days 16 nor later than 5:00 p.m. on the forty-seventh day prior to 17 the election at which members of the board are to be elected. 18 On the day following the last day on which certificates of 19 nomination petitions can be filed, and no later than 5:00 p.m. 20 on that day, the secretary shall deliver all certificates 21 of nomination petitions so filed, together with the text of 22 any public measure being submitted by the board of directors 23 to the electorate, to the merged areas controlling county 24 commissioner of elections under section 47.2 . That controlling 25 commissioner shall certify the names of candidates, and the 26 text and summary of any public measure being submitted to the 27 electorate, to all county commissioners of elections in the 28 merged area by the forty-second day prior to the election. 29 Sec. 17. Section 260C.15, subsection 4, paragraphs a and b, 30 Code 2024, are amended to read as follows: 31 a. Objections to the legal sufficiency of a nomination 32 petition or to the eligibility of a candidate may be filed by 33 any person who would have the right to vote for a candidate for 34 the office in question. 35 -6- LSB 5911YH (8) 90 ss/ns 6/ 13
H.F. 2480 b. The objection must be filed with the secretary of the 1 board at least forty-two days before the day of the election 2 at which members of the board are elected. When objections 3 are filed, notice shall immediately be given to the candidate 4 affected, addressed to the candidates place of residence as 5 given on the candidates affidavit, stating that objections 6 have been made to the legal sufficiency of the petition or to 7 the eligibility of the candidate, and also stating the time and 8 place the objections will be considered. The board secretary 9 shall also attempt to notify the candidate by telephone if 10 the candidate provided a telephone number on the candidates 11 affidavit. 12 Sec. 18. Section 275.25, subsection 1, paragraph b, Code 13 2024, is amended to read as follows: 14 b. The election shall be conducted as provided in section 15 sections 277.3 , and nomination petitions shall be filed 16 pursuant to section 277.4, except as otherwise provided in 17 this subsection . Nomination petitions shall be filed with the 18 secretary of the board of the existing school district in which 19 the candidate resides not less than twenty-eight days before 20 the date set for the special school election. The secretary of 21 the board, or the secretarys designee, shall be present in the 22 secretarys office until 5:00 p.m. on the final day to file the 23 nomination papers. The nomination papers shall be delivered to 24 the commissioner no later than 5:00 p.m. on the twenty-seventh 25 day before the election. 26 Sec. 19. Section 277.4, Code 2024, is amended by striking 27 the section and inserting in lieu thereof the following: 28 277.4 Nominations primary elections. 29 Nominations shall be made by primary elections held pursuant 30 to sections 43.112 through 43.118. 31 Sec. 20. Section 277.5, subsection 1, Code 2024, is amended 32 to read as follows: 33 1. Objections to the legal sufficiency of a nomination 34 petition or to the eligibility of a candidate may be filed by 35 -7- LSB 5911YH (8) 90 ss/ns 7/ 13
H.F. 2480 any person who would have the right to vote for a candidate for 1 the office in question. The objection must be filed with the 2 secretary of the school board at least forty-two days before 3 the day of the school election. When objections are filed 4 notice shall forthwith be given to the candidate affected, 5 addressed to the candidates place of residence as given on the 6 candidates affidavit, stating that objections have been made 7 to the legal sufficiency of the petition or to the eligibility 8 of the candidate, and also stating the time and place the 9 objections will be considered. 10 Sec. 21. Section 279.6, subsection 1, paragraph b, 11 subparagraph (1), Code 2024, is amended to read as follows: 12 (1) If within fourteen days after publication of a notice 13 required pursuant to paragraph a for a vacancy that occurs 14 more than one hundred eighty days before the next regular 15 school election, or after the filing period closes pursuant 16 to section 277.4, subsection 1, for the next regular school 17 election, there is filed with the secretary of the school board 18 a petition requesting a special election to fill the vacancy, 19 an appointment to fill the vacancy is temporary until a 20 successor is elected and qualified, and the board shall call a 21 special election pursuant to section 279.7 , to fill the vacancy 22 for the remaining balance of the unexpired term. 23 Sec. 22. Section 279.7, subsection 4, Code 2024, is amended 24 to read as follows: 25 4. Nomination petitions Nominations shall be filed made in 26 the manner provided in section 277.4 , except that the petitions 27 shall be filed not less than twenty-five days before the date 28 set for the election . 29 Sec. 23. Section 331.383, Code 2024, is amended to read as 30 follows: 31 331.383 Duties and powers relating to elections. 32 The board shall ensure that the county commissioner of 33 elections conducts primary, general, city, school, and special 34 elections in accordance with applicable state law. The board 35 -8- LSB 5911YH (8) 90 ss/ns 8/ 13
H.F. 2480 shall canvass elections in accordance with sections 43.49 1 through 43.51 , 43.60 through 43.62 , 46.24 , 50.13 , 50.24 through 2 50.29 , 50.44 through 50.47 , 260C.39 , 275.25 , 277.20 , 376.1 , 3 and 376.7 , and 376.9 . The board shall prepare and deliver a 4 list of persons nominated in accordance with section 43.55 , 5 provide for a recount in accordance with section 50.48 , provide 6 for election precincts in accordance with sections 49.3 , 49.4 , 7 49.6 through 49.8 , and 49.11 , pay election costs as provided 8 in section 47.3 , participate in election contests as provided 9 in sections 62.1A and 62.9 , and perform other election duties 10 required by state law. The board shall may provide for the 11 use of an optical scan voting system as provided defined in 12 sections 52.2 and 52.3 section 52.1, or may provide for the 13 counting of ballots by election officials as provided in 14 section 49.26 , and shall exercise other election powers as 15 provided by state law. 16 Sec. 24. Section 376.3, Code 2024, is amended to read as 17 follows: 18 376.3 Nominations. 19 Candidates for elective city offices must be nominated as 20 provided in sections 376.4 through 376.9 , unless by ordinance 21 a city chooses the provisions of chapter 44 or 45 . However, 22 a city acting under a special charter in 1973 and having a 23 population of over fifty thousand shall continue to hold 24 partisan elections as provided in sections 43.112 through 25 43.118 and sections 420.126 376.12 through 420.137, unless 26 the city by election as provided in section 43.112 chooses to 27 conduct city elections under this chapter or chapter 44 or 45 28 376.23 . The choice of one of these options by such a special 29 charter city does not otherwise affect the validity of the 30 citys charter. However, special charter cities which choose 31 to exercise the option to conduct nonpartisan city elections 32 may choose, in the same manner the original decision was made, 33 to resume holding city elections on a partisan basis. 34 Sec. 25. Section 376.4, subsections 1, 2, 3, 4, 5, and 7, 35 -9- LSB 5911YH (8) 90 ss/ns 9/ 13
H.F. 2480 Code 2024, are amended by striking the subsections. 1 Sec. 26. Section 376.4, subsection 6, Code 2024, is amended 2 to read as follows: 3 6. The city clerk shall deliver the text of any public 4 measure being submitted by the city council to the electorate 5 to the county commissioner of elections. If the county 6 commissioner has designated the city clerk to receive 7 nomination papers for elective city offices pursuant to 8 subsection 1 , the city clerk shall deliver the nomination 9 papers accepted for filing to the county commissioner. The 10 text of any public measure and nomination papers required to 11 be delivered under this subsection section shall be delivered 12 no later than the day after the last day on which nomination 13 petitions can be filed, and not later than 12:00 noon on that 14 day. 15 Sec. 27. Section 376.5, Code 2024, is amended to read as 16 follows: 17 376.5 Publication of ballot. 18 Notice for each regular, special, primary, or runoff city 19 election shall be published by the county commissioner of 20 elections as provided in section 362.3 , except that notice of a 21 regular, primary, or runoff election may be published not less 22 than four days before the date of the election. The published 23 notice must list the names of all candidates , and must not 24 contain any party designations . The published notice must 25 include any question to be submitted to the voters. The notice 26 may contain one or more facsimiles of the portion of the ballot 27 containing the first arrangement of candidates as prescribed 28 by section 49.31, subsection 2 . 29 Sec. 28. Section 376.7, subsection 1, Code 2024, is amended 30 to read as follows: 31 1. If a primary election is necessary, it The primary 32 election shall be held on the Tuesday four weeks before the 33 date of the regular city election. For each office on the 34 ballot, a voter shall only vote for the number of persons to 35 -10- LSB 5911YH (8) 90 ss/ns 10/ 13
H.F. 2480 be elected to that office at the regular city election. The 1 county board of supervisors shall publicly canvass the tally 2 lists of the vote cast in the primary election, following the 3 procedures prescribed in section 50.24 , at a meeting to be held 4 on the second day following the primary election, and beginning 5 no earlier than 1:00 p.m. on that day. 6 Sec. 29. Section 376.8, subsections 2 and 3, Code 2024, are 7 amended by striking the subsections. 8 Sec. 30. Section 376.11, subsection 2, Code 2024, is amended 9 to read as follows: 10 2. Except in cities where the council has chosen a runoff 11 election in lieu of a primary, following Following the 12 resignation of a person who was elected by write-in votes, 13 the city clerk shall notify the person who received the next 14 highest number of votes cast for the office that the person 15 may assume the office. If there is more than one person who 16 received the next highest number of votes cast for the office, 17 lots shall be drawn pursuant to section 50.44 to determine the 18 person who received the next highest number of votes. If the 19 person accepts the position, the person shall be considered the 20 duly elected officer unless, within ten days after the clerk 21 has given notice, a petition requesting a special election 22 is filed by eligible electors of the city equal in number to 23 twenty-five percent of the number of persons who voted for the 24 office at the election. If the person declines, the person 25 shall do so in writing to the city clerk within ten days and the 26 office shall be considered vacant at the end of the term. The 27 vacancy shall be filled pursuant to the provisions of section 28 372.13, subsection 2 . If the council chooses to appoint, the 29 appointment may be made before the end of the current term. 30 Sec. 31. Section 376.11, subsections 4 and 5, Code 2024, are 31 amended by striking the subsections. 32 Sec. 32. Section 420.126, Code 2024, is amended to read as 33 follows: 34 420.126 City convention. 35 -11- LSB 5911YH (8) 90 ss/ns 11/ 13
H.F. 2480 Political parties in special charter cities having a 1 population of fifty thousand or more a city shall hold a city 2 convention within the city on the second Friday following the 3 primary election. The city central committee shall set the 4 time and place of the convention and shall file the same in 5 the office of the city clerk at least ten days prior to the 6 convention. 7 Sec. 33. Section 420.137, Code 2024, is amended to read as 8 follows: 9 420.137 Applicable laws. 10 All laws governing political parties and the nomination of 11 candidates in elections shall, as far as applicable, govern the 12 political parties and nomination and election of candidates 13 in cities acting under a special charter in 1973 and having a 14 population of fifty thousand or more, except where such a city 15 by election chooses to conduct city elections under chapter 44 , 16 45 , or 376 . 17 Sec. 34. CODE EDITOR DIRECTIVE. 18 1. The Code editor is directed to make the following 19 transfers: 20 a. Section 420.126 to section 376.12. 21 b. Section 420.127 to section 376.13. 22 c. Section 420.128 to section 376.14. 23 d. Section 420.129 to section 376.15. 24 e. Section 420.130 to section 376.16. 25 f. Section 420.131 to section 376.17. 26 g. Section 420.132 to section 376.18. 27 h. Section 420.133 to section 376.19. 28 i. Section 420.134 to section 376.20. 29 j. Section 420.135 to section 376.21. 30 k. Section 420.136 to section 376.22. 31 l. Section 420.137 to section 376.23. 32 2. The Code editor shall correct internal references in the 33 Code and in any enacted legislation as necessary due to the 34 enactment of this section. 35 -12- LSB 5911YH (8) 90 ss/ns 12/ 13
H.F. 2480 Sec. 35. REPEAL. Sections 376.4A, 376.6, and 376.9, Code 1 2024, are repealed. 2 Sec. 36. APPLICABILITY. This Act applies to elections held 3 on or after January 1, 2026. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanations substance by the members of the general assembly. 7 This bill relates to nominations of candidates for elections 8 to city, school district, and merged area offices. The bill 9 requires candidates for such elections to be nominated by 10 primary elections held pursuant to Code chapter 43 (partisan 11 nominations primary election). Currently such elections 12 are nonpartisan except for special charter cities under Code 13 chapter 420. The bill repeals other methods for the nomination 14 of candidates, including nominations by petition and runoff 15 elections. The bill allows the board of supervisors of a 16 county to decide whether to conduct an election using an 17 optical scan voting system or by counting ballots by hand. The 18 bill applies to elections held on or after January 1, 2026. 19 -13- LSB 5911YH (8) 90 ss/ns 13/ 13