Bill Text: IA SF410 | 2019-2020 | 88th 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 36.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2019-03-29 - Read first time, referred to State Government. H.J. 693. [SF410 Detail]
Download: Iowa-2019-SF410-Introduced.html
Senate
File
410
-
Introduced
SENATE
FILE
410
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SF
36)
A
BILL
FOR
An
Act
requiring
that
a
primary
runoff
election
be
held
in
1
the
event
of
an
inconclusive
primary
election
for
certain
2
offices,
and
including
effective
date
and
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
43.52,
Code
2019,
is
amended
to
read
as
1
follows:
2
43.52
Nominees
for
county
office.
3
1.
a.
The
nominee
of
each
political
party
for
any
office
to
4
be
filled
by
the
voters
of
the
entire
county,
or
for
the
office
5
of
county
supervisor
elected
from
a
district
within
the
county,
6
shall
be
the
person
receiving
the
highest
number
of
votes
cast
7
in
the
primary
election
by
the
voters
of
that
party
for
the
8
office,
and
that
person
shall
appear
as
the
party’s
candidate
9
for
the
office
on
the
general
election
ballot.
10
b.
If
no
candidate
receives
thirty-five
percent
or
more
11
of
the
votes
cast
by
voters
of
the
candidate’s
party
for
the
12
office
sought,
the
primary
is
inconclusive
and
the
nomination
13
shall
be
made
as
provided
by
section
43.78,
subsection
1
,
14
paragraphs
“d”
and
“e”.
subsection
3.
15
2.
When
two
or
more
nominees
are
required,
as
in
the
case
16
of
at-large
elections,
the
nominees
shall
likewise
be
the
17
required
number
of
persons
who
receive
the
greatest
highest
18
number
of
votes
cast
in
the
primary
election
by
the
voters
of
19
the
nominating
party,
but
no
candidate
is
nominated
who
fails
20
to
receive
thirty-five
percent
of
the
number
of
votes
found
by
21
dividing
the
number
of
votes
cast
by
voters
of
the
candidate’s
22
party
for
the
office
in
question
by
the
number
of
persons
to
be
23
elected
to
that
office.
If
the
primary
is
inconclusive
under
24
this
subsection
,
the
necessary
number
of
nominations
shall
be
25
made
as
provided
by
section
43.78,
subsection
1
,
paragraphs
“d”
26
and
“e”.
subsection
3.
27
3.
a.
A
primary
runoff
election
shall
be
held
only
28
for
nominations
unfilled
because
the
primary
election
is
29
inconclusive
under
subsection
1
or
2.
30
(1)
When
one
nominee
is
required
for
an
office,
the
two
31
candidates
who
received
the
highest
number
of
votes
cast
for
32
that
nomination
in
the
primary
election
shall
be
the
candidates
33
in
the
primary
runoff
election.
34
(2)
When
two
or
more
nominees
are
required
for
an
office
and
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the
necessary
number
of
nominations
cannot
be
made
pursuant
to
1
subsection
2,
the
number
of
candidates
in
the
primary
runoff
2
election
shall
equal
one
more
than
the
necessary
number
of
3
nominations
remaining
unfilled.
The
candidates
in
the
primary
4
runoff
election
shall
be
the
remaining
candidates
who
received
5
the
highest
number
of
votes
cast
in
the
primary
election
but
6
who
did
not
receive
at
least
thirty-five
percent
of
the
votes
7
cast
in
the
primary
election.
8
b.
Primary
runoff
elections
shall
be
held
on
the
first
9
Tuesday
after
the
first
Monday
in
August
following
the
primary
10
election
and
shall,
insofar
as
practicable,
be
conducted
and
11
the
results
canvassed
in
the
same
manner
as
primary
elections.
12
c.
The
candidates
equal
in
number
to
the
necessary
number
of
13
nominations
remaining
unfilled
who
receive
the
highest
number
14
of
votes
cast
by
the
voters
of
the
nominating
party
shall
be
15
the
nominees
of
that
party
for
that
office
in
the
general
16
election.
17
d.
The
fact
that
the
candidate
who
receives
the
highest
18
number
of
votes
cast
for
any
party’s
nomination
for
an
office
19
under
this
subsection
is
a
person
whose
name
was
not
printed
on
20
the
official
primary
runoff
election
ballot
shall
not
affect
21
the
validity
of
the
person’s
nomination
as
a
candidate
for
that
22
office
in
the
general
election.
23
Sec.
2.
Section
43.65,
Code
2019,
is
amended
to
read
as
24
follows:
25
43.65
Who
nominated.
26
1.
The
candidate
of
each
political
party
for
nomination
27
for
each
office
to
be
filled
by
the
voters
of
the
entire
28
state,
and
for
each
seat
in
the
United
States
house
of
29
representatives,
the
Iowa
house
of
representatives
and
each
30
seat
in
the
Iowa
senate
which
is
to
be
filled,
who
receives
31
the
highest
number
of
votes
cast
by
the
voters
of
that
party
32
for
that
nomination
shall
be
the
candidate
of
that
party
for
33
that
office
in
the
general
election.
However,
if
there
are
34
more
than
two
candidates
for
any
nomination
and
none
of
the
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candidates
receives
thirty-five
percent
or
more
of
the
votes
1
cast
by
voters
of
that
party
for
that
nomination,
the
primary
2
is
inconclusive
and
the
nomination
shall
be
made
as
provided
3
by
section
43.78,
subsection
1
,
paragraph
“a”,
“b”
or
“c”,
4
whichever
is
appropriate
subsection
2
.
5
2.
a.
A
primary
runoff
election
shall
be
held
only
6
for
nominations
unfilled
because
the
primary
election
is
7
inconclusive
under
subsection
1.
The
two
candidates
who
8
received
the
highest
number
of
votes
cast
for
that
nomination
9
in
the
primary
election
shall
be
the
candidates
in
the
primary
10
runoff
election.
11
b.
Primary
runoff
elections
shall
be
held
on
the
first
12
Tuesday
after
the
first
Monday
in
August
following
the
primary
13
election
and
shall,
insofar
as
practicable,
be
conducted
and
14
the
results
canvassed
in
the
same
manner
as
primary
elections.
15
c.
The
candidate
in
the
primary
runoff
election
who
16
receives
the
highest
number
of
votes
cast
by
the
voters
of
the
17
nominating
party
shall
be
the
nominee
of
that
party
for
that
18
office
in
the
general
election.
19
d.
The
fact
that
the
candidate
who
receives
the
highest
20
number
of
votes
cast
for
any
party’s
nomination
for
an
office
21
under
this
subsection
is
a
person
whose
name
was
not
printed
on
22
the
official
primary
runoff
election
ballot
shall
not
affect
23
the
validity
of
the
person’s
nomination
as
a
candidate
for
that
24
office
in
the
general
election.
25
Sec.
3.
Section
43.66,
Code
2019,
is
amended
to
read
as
26
follows:
27
43.66
Write-in
candidates.
28
The
fact
that
the
candidate
who
receives
the
highest
number
29
of
votes
cast
for
any
party’s
nomination
for
an
office
to
30
which
section
43.52
or
43.65
is
applicable
is
a
person
whose
31
name
was
not
printed
on
the
official
primary
election
ballot
32
shall
not
affect
the
validity
of
the
person’s
nomination
as
a
33
candidate
for
that
office
in
the
general
election.
However,
34
if
there
is
no
candidate
on
the
official
primary
ballot
of
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a
political
party
for
nomination
to
a
particular
office,
a
1
write-in
candidate
may
obtain
the
party’s
nomination
to
that
2
office
in
the
primary
if
the
candidate
receives
a
number
of
3
votes
equal
to
at
least
thirty-five
percent
of
the
total
vote
4
cast
for
all
of
that
party’s
candidates
for
that
office
in
5
the
last
preceding
primary
election
for
which
the
party
had
6
candidates
on
the
ballot
for
that
office.
If
there
have
been
7
no
candidates
from
a
political
party
for
a
seat
in
the
general
8
assembly
since
the
most
recent
redistricting
of
the
general
9
assembly,
a
write-in
candidate
shall
be
considered
nominated
10
who
receives
a
number
of
votes
equal
to
at
least
thirty-five
11
percent
of
the
total
votes
cast,
at
the
last
preceding
primary
12
election
in
the
precincts
which
currently
constitute
the
13
general
assembly
district,
for
all
of
that
party’s
candidates
14
for
representative
in
the
Congress
of
the
United
States
or
15
who
receives
at
least
one
hundred
votes,
whichever
number
is
16
greater.
When
two
or
more
nominees
are
required,
the
division
17
procedure
prescribed
in
section
43.52
,
subsection
2,
shall
18
be
applied
to
establish
the
minimum
number
of
write-in
votes
19
necessary
for
nomination.
If
the
primary
is
inconclusive,
the
20
necessary
nominations
shall
be
made
in
accordance
with
section
21
43.78,
subsection
1
43.52,
subsection
3,
or
section
43.65,
22
subsection
2,
as
applicable
.
23
Sec.
4.
Section
43.67,
subsection
1,
Code
2019,
is
amended
24
to
read
as
follows:
25
1.
Each
candidate
nominated
pursuant
to
section
43.52
26
or
43.65
is
entitled
to
have
the
candidate’s
name
printed
27
on
the
official
ballot
to
be
voted
at
the
general
election
28
without
other
certificate
unless
the
candidate
was
nominated
29
by
write-in
votes.
Immediately
after
the
completion
of
the
30
canvass
for
the
primary
election
held
under
section
43.49
,
the
31
county
auditor
shall
notify
each
person
who
was
nominated
by
32
write-in
votes
for
a
county
office
that
the
person
is
required
33
to
file
an
affidavit
of
candidacy
if
the
person
wishes
to
be
a
34
candidate
for
that
office
at
the
general
election.
Immediately
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after
the
completion
of
the
canvass
for
the
primary
election
1
held
under
section
43.63
,
the
secretary
of
state
shall
notify
2
each
person
who
was
nominated
by
write-in
votes
for
a
state
or
3
federal
office
that
the
person
is
required
to
file
an
affidavit
4
of
candidacy
if
the
person
wishes
to
be
a
candidate
for
that
5
office
at
the
general
election.
If
a
person
receives
enough
6
votes
to
be
placed
on
a
primary
runoff
election
ballot,
the
7
county
commissioner
of
elections
or
the
state
commissioner
of
8
elections,
as
appropriate,
shall
immediately
after
the
canvass
9
of
the
primary
election
notify
the
person
that
the
person
is
10
required
to
file
an
affidavit
of
candidacy
if
the
person
wishes
11
to
be
a
candidate
for
nomination
to
that
office
at
the
primary
12
runoff
election.
If
the
affidavit
is
not
filed
by
5:00
p.m.
13
on
the
seventh
day
after
the
completion
of
the
canvass,
that
14
person’s
name
shall
not
be
placed
upon
the
official
general
15
election
ballot
or
the
primary
election
runoff
ballot,
as
16
applicable
.
The
affidavit
shall
be
signed
by
the
candidate,
17
notarized,
and
filed
with
the
county
auditor
or
the
secretary
18
of
state,
whichever
is
applicable.
19
Sec.
5.
Section
43.67,
subsection
2,
paragraph
f,
Code
2019,
20
is
amended
to
read
as
follows:
21
f.
A
declaration
that
if
the
candidate
is
elected
to
the
22
office
sought
the
candidate
will
qualify
by
taking
the
oath
of
23
office.
24
Sec.
6.
Section
43.77,
subsection
2,
Code
2019,
is
amended
25
to
read
as
follows:
26
2.
The
primary
election
was
inconclusive
as
to
that
office
27
because
no
candidate
for
the
party’s
nomination
for
that
office
28
received
the
number
of
votes
required
by
section
43.52
,
section
29
43.53
,
or
43.65
,
whichever
is
applicable
.
30
Sec.
7.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
31
3,
shall
not
apply
to
this
Act.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
requires
a
primary
runoff
election
be
held
to
1
determine
a
party’s
nominee
in
the
case
of
an
inconclusive
2
primary
election
for
certain
offices.
Under
current
law,
an
3
inconclusive
primary
occurs
when
there
is
not
a
sufficient
4
number
of
candidates
who
received
at
least
35
percent
of
the
5
vote
in
the
primary
election
to
fill
the
necessary
number
6
of
nominations
for
an
office.
Current
law
provides
that
7
nominations
following
an
inconclusive
primary
be
filled
by
the
8
party’s
state
convention,
congressional
district
convention,
9
party
precinct
committee
members,
county
convention
delegates,
10
or
county
convention
precinct
delegates,
as
applicable.
11
Primary
runoff
elections
are
to
be
held
on
the
first
Tuesday
12
after
the
first
Monday
in
August
following
the
primary
election
13
and
are
to
be
conducted
and
the
results
canvassed
in
the
same
14
manner
as
primary
elections.
15
Relating
to
primary
runoff
elections
for
county
offices,
16
the
bill
provides
that
when
one
nominee
is
required,
the
two
17
candidates
who
received
the
highest
number
of
votes
cast
for
18
the
nomination
shall
be
the
candidates
in
the
primary
runoff
19
election.
When
two
or
more
nominees
are
required
and
the
20
necessary
number
of
nominations
were
not
made
at
the
primary
21
election,
the
number
of
candidates
in
the
primary
runoff
22
election
shall
equal
one
more
than
the
remaining
necessary
23
number
of
nominations,
and
the
candidates
shall
be
the
24
remaining
candidates
who
received
the
highest
number
of
votes
25
cast
in
the
primary
election
but
who
did
not
receive
at
least
26
35
percent
of
the
vote
cast
to
be
nominated
in
the
primary
27
election.
The
candidate
or
candidates
who
receive
the
highest
28
number
of
votes
cast
by
voters
of
the
nominating
party
in
the
29
primary
runoff
election
shall
be
the
nominee
or
nominees
of
30
that
party
for
that
office
in
the
general
election.
31
Relating
to
primary
runoff
elections
for
statewide
office,
32
congressional
office,
and
members
of
the
general
assembly,
33
the
bill
provides
that
the
two
candidates
who
received
the
34
highest
number
of
votes
cast
in
the
primary
election
shall
be
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the
candidates
in
the
primary
runoff
election.
The
candidate
1
in
the
primary
runoff
election
who
receives
the
highest
number
2
of
votes
cast
by
voters
of
the
nominating
party
shall
be
the
3
nominee
of
that
party
for
that
office
in
the
general
election.
4
The
bill
requires
that
if
a
person
receives
enough
write-in
5
votes
at
an
inconclusive
primary
election
to
be
placed
on
6
a
primary
runoff
election
ballot,
the
county
commissioner
7
of
elections
or
the
state
commissioner
of
elections,
as
8
appropriate,
shall
immediately
after
the
canvass
of
the
primary
9
election
notify
the
person
that
the
person
is
required
to
10
file
an
affidavit
of
candidacy
if
the
person
wishes
to
be
a
11
candidate
for
nomination
to
that
office
at
the
primary
runoff
12
election.
13
The
bill
may
include
a
state
mandate
as
defined
in
Code
14
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
15
subsection
3,
which
would
relieve
a
political
subdivision
from
16
complying
with
a
state
mandate
if
funding
for
the
cost
of
17
the
state
mandate
is
not
provided
or
specified.
Therefore,
18
political
subdivisions
are
required
to
comply
with
any
state
19
mandate
included
in
the
bill.
20
-7-
LSB
1625SV
(3)
88
ss/jh
7/
7
