Bill Text: IA SF322 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act requiring that a primary runoff election be held in the event of an inconclusive primary election for certain offices, and including effective date and applicability provisions. (Formerly SF 10.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2015-04-02 - Referred to State Government. S.J. 769. [SF322 Detail]
Download: Iowa-2015-SF322-Introduced.html
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: TLSB 1090SV (1) 86 aw/sc 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 bysection 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 thegreatesthighest 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 thisparagraphsubsection, the necessary number of nominations 1 26 shall be made as provided bysection 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 bysection 43.78, subsection 1, paragraph "a", "b" or "c", 3 5 whichever is appropriatesubsection 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 section43.78, 4 22 subsection 143.52, 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 bysection 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. LSB 1090SV (1) 86 aw/sc
