Senate File 322 - Introduced
SENATE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO SF 10)
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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