Senate File 10 - Introduced




                                 SENATE FILE       
                                 BY  ZAUN

                                      A BILL FOR

  1 An Act requiring that a primary runoff election be held in
  2    the event of an inconclusive primary election for certain
  3    offices, and including effective date and applicability
  4    provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 43.52, Code 2015, is amended to read as
  1  2 follows:
  1  3    43.52  Nominees for county office.
  1  4    1.  a.  The nominee of each political party for any office to
  1  5 be filled by the voters of the entire county, or for the office
  1  6 of county supervisor elected from a district within the county,
  1  7 shall be the person receiving the highest number of votes cast
  1  8 in the primary election by the voters of that party for the
  1  9 office, and that person shall appear as the party's candidate
  1 10 for the office on the general election ballot.
  1 11    b.  If no candidate receives thirty=five percent or more
  1 12 of the votes cast by voters of the candidate's party for the
  1 13 office sought, the primary is inconclusive and the nomination
  1 14 shall be made as provided by section 43.78, subsection 1,
  1 15 paragraphs "d" and "e" subsection 3.
  1 16    2.  When two or more nominees are required, as in the case
  1 17 of at=large elections, the nominees shall likewise be the
  1 18 required number of persons who receive the greatest highest
  1 19  number of votes cast in the primary election by the voters of
  1 20 the nominating party, but no candidate is nominated who fails
  1 21 to receive thirty=five percent of the number of votes found by
  1 22 dividing the number of votes cast by voters of the candidate's
  1 23 party for the office in question by the number of persons to be
  1 24 elected to that office. If the primary is inconclusive under
  1 25 this paragraph subsection, the necessary number of nominations
  1 26 shall be made as provided by section 43.78, subsection 1,
  1 27 paragraphs "d" and "e" subsection 3.
  1 28    3.  a.  A primary runoff election shall be held only
  1 29 for nominations unfilled because the primary election is
  1 30 inconclusive under subsection 1 or 2.
  1 31    (1)  When one nominee is required for an office, the two
  1 32 candidates who received the highest number of votes cast for
  1 33 that nomination in the primary election shall be the candidates
  1 34 in the primary runoff election.
  1 35    (2)  When two or more nominees are required for an office and
  2  1 the necessary number of nominations cannot be made pursuant to
  2  2 subsection 2, the number of candidates in the primary runoff
  2  3 election shall equal one more than the necessary number of
  2  4 nominations remaining unfilled.  The candidates in the primary
  2  5 runoff election shall be the remaining candidates who received
  2  6 the highest number of votes cast in the primary election but
  2  7 who did not receive at least thirty=five percent of the votes
  2  8 cast in the primary election.
  2  9    b.  Primary runoff elections shall be held four weeks
  2 10 after the date of the primary election and shall, insofar as
  2 11 practicable, be conducted and the results canvassed in the same
  2 12 manner as primary elections.
  2 13    c.  The candidates equal in number to the necessary number of
  2 14 nominations remaining unfilled who receive the highest number
  2 15 of votes cast by the voters of the nominating party shall be
  2 16 the nominees of that party for that office in the general
  2 17 election.
  2 18    d.  The fact that the candidate who receives the highest
  2 19 number of votes cast for any party's nomination for an office
  2 20 under this subsection is a person whose name was not printed on
  2 21 the official primary runoff election ballot shall not affect
  2 22 the validity of the person's nomination as a candidate for that
  2 23 office in the general election.
  2 24    Sec. 2.  Section 43.65, Code 2015, is amended to read as
  2 25 follows:
  2 26    43.65  Who nominated.
  2 27    1.  The candidate of each political party for nomination
  2 28 for each office to be filled by the voters of the entire
  2 29 state, and for each seat in the United States house of
  2 30 representatives, the Iowa house of representatives and each
  2 31 seat in the Iowa senate which is to be filled, who receives
  2 32 the highest number of votes cast by the voters of that party
  2 33 for that nomination shall be the candidate of that party for
  2 34 that office in the general election. However, if there are
  2 35 more than two candidates for any nomination and none of the
  3  1 candidates receives thirty=five percent or more of the votes
  3  2 cast by voters of that party for that nomination, the primary
  3  3 is inconclusive and the nomination shall be made as provided
  3  4 by section 43.78, subsection 1, paragraph "a", "b" or "c",
  3  5  whichever is appropriate subsection 2.
  3  6    2.  a.  A primary runoff election shall be held only
  3  7 for nominations unfilled because the primary election is
  3  8 inconclusive under subsection 1. The two candidates who
  3  9 received the highest number of votes cast for that nomination
  3 10 in the primary election shall be the candidates in the primary
  3 11 runoff election.
  3 12    b.  Primary runoff elections shall be held four weeks
  3 13 after the date of the primary election and shall, insofar as
  3 14 practicable, be conducted and the results canvassed in the same
  3 15 manner as primary elections.
  3 16    c.  The candidate in the primary runoff election who
  3 17 receives the highest number of votes cast by the voters of the
  3 18 nominating party shall be the nominee of that party for that
  3 19 office in the general election.
  3 20    d.  The fact that the candidate who receives the highest
  3 21 number of votes cast for any party's nomination for an office
  3 22 under this subsection is a person whose name was not printed on
  3 23 the official primary runoff election ballot shall not affect
  3 24 the validity of the person's nomination as a candidate for that
  3 25 office in the general election.
  3 26    Sec. 3.  Section 43.66, Code 2015, is amended to read as
  3 27 follows:
  3 28    43.66  Write=in candidates.
  3 29    The fact that the candidate who receives the highest number
  3 30 of votes cast for any party's nomination for an office to
  3 31 which section 43.52 or 43.65 is applicable is a person whose
  3 32 name was not printed on the official primary election ballot
  3 33 shall not affect the validity of the person's nomination as a
  3 34 candidate for that office in the general election. However,
  3 35 if there is no candidate on the official primary ballot of
  4  1 a political party for nomination to a particular office, a
  4  2 write=in candidate may obtain the party's nomination to that
  4  3 office in the primary if the candidate receives a number of
  4  4 votes equal to at least thirty=five percent of the total vote
  4  5 cast for all of that party's candidates for that office in
  4  6 the last preceding primary election for which the party had
  4  7 candidates on the ballot for that office. If there have been
  4  8 no candidates from a political party for a seat in the general
  4  9 assembly since the most recent redistricting of the general
  4 10 assembly, a write=in candidate shall be considered nominated
  4 11 who receives a number of votes equal to at least thirty=five
  4 12 percent of the total votes cast, at the last preceding primary
  4 13 election in the precincts which currently constitute the
  4 14 general assembly district, for all of that party's candidates
  4 15 for representative in the Congress of the United States or
  4 16 who receives at least one hundred votes, whichever number is
  4 17 greater. When two or more nominees are required, the division
  4 18 procedure prescribed in section 43.52 shall be applied to
  4 19 establish the minimum number of write=in votes necessary for
  4 20 nomination. If the primary is inconclusive, the necessary
  4 21 nominations shall be made in accordance with section 43.78,
  4 22 subsection 1 43.52, subsection 3, or section 43.65, subsection
  4 23 2, as applicable.
  4 24    Sec. 4.  Section 43.67, subsection 1, Code 2015, is amended
  4 25 to read as follows:
  4 26    1.  Each candidate nominated pursuant to section 43.52
  4 27 or 43.65 is entitled to have the candidate's name printed
  4 28 on the official ballot to be voted at the general election
  4 29 without other certificate unless the candidate was nominated
  4 30 by write=in votes. Immediately after the completion of the
  4 31 canvass for the primary election held under section 43.49, the
  4 32 county auditor shall notify each person who was nominated by
  4 33 write=in votes for a county office that the person is required
  4 34 to file an affidavit of candidacy if the person wishes to be a
  4 35 candidate for that office at the general election. Immediately
  5  1 after the completion of the canvass for the primary election
  5  2  held under section 43.63, the secretary of state shall notify
  5  3 each person who was nominated by write=in votes for a state or
  5  4 federal office that the person is required to file an affidavit
  5  5 of candidacy if the person wishes to be a candidate for that
  5  6 office at the general election.  If a person receives enough
  5  7 votes to be placed on a primary runoff election ballot, the
  5  8 county commissioner of elections or the state commissioner of
  5  9 elections, as appropriate, shall immediately after the canvass
  5 10 of the primary election notify the person that the person is
  5 11 required to file an affidavit of candidacy if the person wishes
  5 12 to be a candidate for nomination to that office at the primary
  5 13 runoff election. If the affidavit is not filed by 5:00 p.m.
  5 14 on the seventh day after the completion of the canvass, that
  5 15 person's name shall not be placed upon the official general
  5 16 election ballot or the primary election runoff ballot, as
  5 17 applicable. The affidavit shall be signed by the candidate,
  5 18 notarized, and filed with the county auditor or the secretary
  5 19 of state, whichever is applicable.
  5 20    Sec. 5.  Section 43.67, subsection 2, paragraph f, Code 2015,
  5 21 is amended to read as follows:
  5 22    f.  A declaration that if the candidate is elected to the
  5 23 office sought the candidate will qualify by taking the oath of
  5 24 office.
  5 25    Sec. 6.  Section 43.77, subsection 2, Code 2015, is amended
  5 26 to read as follows:
  5 27    2.  The primary election was inconclusive as to that office
  5 28 because no candidate for the party's nomination for that office
  5 29 received the number of votes required by section 43.52, section
  5 30  43.53, or 43.65, whichever is applicable.
  5 31    Sec. 7.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  5 32 3, shall not apply to this Act.
  5 33                           EXPLANATION
  5 34 The inclusion of this explanation does not constitute agreement with
  5 35 the explanation's substance by the members of the general assembly.
  6  1 This bill requires a primary runoff election be held to
  6  2 determine a party's nominee in the case of an inconclusive
  6  3 primary election for certain offices. Current law provides
  6  4 that nominations following an inconclusive primary be filled
  6  5 by the party's state convention, congressional district
  6  6 convention, party precinct committee members, county convention
  6  7 delegates, or county convention precinct delegates, as
  6  8 applicable.  Under current law, an inconclusive primary
  6  9 occurs when there is not a sufficient number of candidates
  6 10 who received at least 35 percent of the vote in the primary
  6 11 election to fill the necessary number of nominations for an
  6 12 office.
  6 13    Primary runoff elections are to be held four weeks after
  6 14 the primary election and are to be conducted and the results
  6 15 canvassed in the same manner as primary elections.
  6 16    Relating to primary runoff elections for county offices,
  6 17 the bill provides that when one nominee is required, the two
  6 18 candidates who received the highest number of votes cast for
  6 19 the nomination shall be the candidates in the primary runoff
  6 20 election.  When two or more nominees are required and the
  6 21 necessary number of nominations were not made at the primary
  6 22 election, the number of candidates in the primary runoff
  6 23 election shall equal one more than the remaining necessary
  6 24 number of nominations, and the candidates shall be the
  6 25 remaining candidates who received the highest number of votes
  6 26 cast in the primary election but who did not receive at least
  6 27 35 percent of the vote cast to be nominated in the primary
  6 28 election.  The candidate or candidates who receive the highest
  6 29 number of votes cast by voters of the nominating party in the
  6 30 primary runoff election shall be the nominee or nominees of
  6 31 that party for that office in the general election.
  6 32    Relating to primary runoff elections for statewide office,
  6 33 congressional office, and members of the general assembly,
  6 34 the bill provides that the two candidates who received the
  6 35 highest number of votes cast in the primary election shall be
  7  1 the candidates in the primary runoff election.  The candidate
  7  2 in the primary runoff election who receives the highest number
  7  3 of votes cast by voters of the nominating party shall be the
  7  4 nominee of that party for that office in the general election.
  7  5    The bill requires that if a person receives enough write=in
  7  6 votes at an inconclusive primary election to be placed on
  7  7 a primary runoff election ballot, the county commissioner
  7  8 of elections or the state commissioner of elections, as
  7  9 appropriate, shall immediately after the canvass of the primary
  7 10 election notify the person that the person is required to
  7 11 file an affidavit of candidacy if the person wishes to be a
  7 12 candidate for nomination to that office at the primary runoff
  7 13 election.
  7 14    The bill may include a state mandate as defined in Code
  7 15 section 25B.3.  The bill makes inapplicable Code section 25B.2,
  7 16 subsection 3, which would relieve a political subdivision from
  7 17 complying with a state mandate if funding for the cost of
  7 18 the state mandate is not provided or specified.  Therefore,
  7 19 political subdivisions are required to comply with any state
  7 20 mandate included in the bill.
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