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House
File
2019
-
Introduced
HOUSE
FILE
2019
BY
INGELS
A
BILL
FOR
An
Act
relating
to
nominations
for
election
to
school
district
1
offices.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5616YH
(4)
91
ss/ns
H.F.
2019
Section
1.
Section
44.9,
subsections
2,
3,
and
5,
Code
2026,
1
are
amended
to
read
as
follows:
2
2.
In
the
office
of
the
appropriate
commissioner,
at
least
3
seventy-four
days
before
the
date
of
the
election,
except
as
4
otherwise
provided
in
subsection
3,
5,
or
6
.
5
3.
In
the
office
of
the
appropriate
school
board
secretary
6
commissioner
in
case
of
a
regularly
scheduled
school
election
,
7
at
least
forty-two
days
before
the
day
of
a
regularly
scheduled
8
school
election.
9
5.
In
the
office
of
the
appropriate
commissioner
or
10
school
board
secretary
in
case
of
a
special
election
to
11
fill
vacancies,
at
least
twenty-five
days
before
the
day
of
12
election.
13
Sec.
2.
Section
44.11,
Code
2026,
is
amended
to
read
as
14
follows:
15
44.11
Vacancies
filled.
16
If
a
candidate
named
under
this
chapter
withdraws
or
dies
17
before
the
deadline
established
in
section
44.9
,
declines
18
a
nomination,
or
if
a
certificate
of
nomination
is
held
19
insufficient
or
inoperative
by
the
officer
with
whom
it
20
is
required
to
be
filed,
or
in
case
any
objection
made
to
21
a
certificate
of
nomination,
or
to
the
eligibility
of
any
22
candidate
named
in
the
certificate,
is
sustained
by
the
board
23
appointed
to
determine
such
questions,
the
vacancy
or
vacancies
24
may
be
filled
by
the
convention,
or
caucus,
or
in
such
manner
25
as
such
convention
or
caucus
has
previously
provided.
The
26
vacancy
or
vacancies
shall
be
filled
not
less
than
seventy-six
27
days
before
the
election
in
the
case
of
nominations
required
to
28
be
filed
with
the
state
commissioner,
not
less
than
sixty-nine
29
days
before
the
election
in
the
case
of
nominations
required
to
30
be
filed
with
the
commissioner,
not
less
than
forty-two
days
31
before
the
election
in
the
case
of
nominations
required
to
be
32
filed
in
the
office
of
the
school
board
secretary
with
the
33
commissioner
for
school
elections
,
and
not
less
than
forty-two
34
days
before
the
election
in
the
case
of
nominations
required
to
35
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5616YH
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1/
5
H.F.
2019
be
filed
with
the
commissioner
for
city
elections.
1
Sec.
3.
Section
275.25,
subsection
1,
paragraph
b,
Code
2
2026,
is
amended
to
read
as
follows:
3
b.
The
election
shall
be
conducted
as
provided
in
section
4
277.3
,
and
nomination
petitions
shall
be
filed
pursuant
to
5
section
277.4
,
except
as
otherwise
provided
in
this
subsection
.
6
Nomination
petitions
shall
be
filed
with
the
secretary
of
the
7
board
of
the
existing
school
district
in
which
the
candidate
8
resides
county
commissioner
of
elections
described
in
paragraph
9
“a”
not
less
than
twenty-eight
days
before
the
date
set
for
the
10
special
school
election.
The
secretary
of
the
board
county
11
commissioner
of
elections
,
or
the
secretary’s
commissioner’s
12
designee,
shall
be
present
in
the
secretary’s
commissioner’s
13
office
until
5:00
p.m.
on
the
final
day
to
file
the
nomination
14
papers.
The
nomination
papers
shall
be
delivered
to
the
15
commissioner
no
later
than
5:00
p.m.
on
the
twenty-seventh
day
16
before
the
election
If
a
county
commissioner
of
elections
who
17
is
not
the
commissioner
described
in
paragraph
“a”
receives
18
nomination
papers,
the
county
commissioner
of
elections
shall
19
immediately
transfer
the
nomination
papers
to
the
commissioner
20
described
in
paragraph
“a”
.
21
Sec.
4.
Section
277.4,
subsections
1,
3,
and
4,
Code
2026,
22
are
amended
to
read
as
follows:
23
1.
Nomination
papers
for
all
candidates
for
election
24
to
office
in
each
school
district
shall
be
filed
with
the
25
secretary
of
the
school
board
county
commissioner
of
elections
26
not
more
than
seventy-one
days
nor
less
than
forty-seven
days
27
before
the
election.
Nomination
petitions
shall
be
filed
28
not
later
than
5:00
p.m.
on
the
last
day
for
filing.
If
the
29
school
board
secretary
is
not
readily
available
during
normal
30
office
hours,
the
secretary
may
designate
a
full-time
employee
31
of
the
school
district
who
is
ordinarily
available
to
accept
32
nomination
papers
under
this
section
.
On
the
final
date
for
33
filing
nomination
papers
,
the
office
of
the
school
secretary
34
county
commissioner
of
elections
shall
remain
open
until
5:00
35
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2019
p.m.
If
a
county
commissioner
of
elections
who
is
not
the
1
controlling
commissioner
pursuant
to
section
47.2,
subsection
2
2,
receives
nomination
papers,
the
county
commissioner
of
3
elections
shall
immediately
transfer
the
nomination
papers
to
4
the
controlling
commissioner.
5
3.
The
secretary
of
the
school
board
county
commissioner
6
of
elections
shall
accept
the
petition
for
filing
if
on
its
7
face
it
appears
to
have
the
requisite
number
of
signatures
8
and
if
it
is
timely
filed.
The
secretary
of
the
school
board
9
county
commissioner
of
elections
shall
note
upon
each
petition
10
and
affidavit
accepted
for
filing
the
date
and
time
that
the
11
petition
was
filed.
The
secretary
of
the
school
board
shall
12
deliver
all
nomination
petitions,
together
with
the
complete
13
text
of
any
public
measure
being
submitted
by
the
board
to
the
14
electorate
,
to
the
county
commissioner
of
elections
on
the
day
15
following
the
last
day
on
which
nomination
petitions
can
be
16
filed,
and
not
later
than
12:00
noon
on
that
day.
17
4.
Any
person
on
whose
behalf
nomination
petitions
have
been
18
filed
under
this
section
may
withdraw
as
a
candidate
by
filing
19
a
signed
statement
to
that
effect
with
the
secretary
county
20
commissioner
of
elections
consistent
with
section
44.9
.
21
Sec.
5.
Section
277.5,
Code
2026,
is
amended
to
read
as
22
follows:
23
277.5
Objections
to
nominations.
24
1.
Objections
to
the
legal
sufficiency
of
a
nomination
25
petition
or
to
the
eligibility
of
a
candidate
may
be
filed
by
26
any
person
who
would
have
the
right
to
vote
for
a
candidate
for
27
the
office
in
question.
The
objection
must
be
filed
with
the
28
secretary
of
the
school
board
county
commissioner
of
elections
29
at
least
forty-two
days
before
the
day
of
the
school
election.
30
When
objections
are
filed
,
notice
shall
forthwith
be
given
to
31
the
candidate
affected,
addressed
to
the
candidate’s
place
32
of
residence
as
given
on
the
candidate’s
affidavit,
stating
33
that
objections
have
been
made
to
the
legal
sufficiency
of
34
the
petition
or
to
the
eligibility
of
the
candidate,
and
also
35
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2019
stating
the
time
and
place
the
objections
will
be
considered.
1
2.
Objections
shall
be
considered
not
later
than
two
working
2
days
following
the
receipt
of
the
objections
by
the
president
3
of
the
school
board,
the
secretary
of
the
school
board,
and
4
one
additional
member
of
the
school
board
chosen
by
ballot.
5
If
objections
have
been
filed
to
the
nominations
of
either
of
6
those
school
officials,
that
official
shall
not
pass
on
the
7
objection.
The
official’s
place
shall
be
filled
by
a
member
8
of
the
school
board
against
whom
no
objection
exists.
The
9
replacement
shall
be
chosen
by
ballot
three
elected
county
10
officers
appointed
by
the
chairperson
of
the
county
board
of
11
supervisors
.
12
Sec.
6.
Section
277.7,
subsection
2,
Code
2026,
is
amended
13
to
read
as
follows:
14
2.
Petitions
which
have
been
accepted
for
filing
are
valid
15
unless
written
objections
are
filed.
Objections
must
be
filed
16
with
the
secretary
of
the
school
board
within
five
working
17
days
after
the
petition
was
filed.
The
objection
process
in
18
section
277.5
shall
be
followed
for
objections
filed
pursuant
19
to
this
section
Objections
shall
be
considered
not
later
than
20
two
working
days
following
the
receipt
of
the
objections
by
21
the
president
of
the
school
board,
the
secretary
of
the
school
22
board,
and
one
additional
member
of
the
school
board
chosen
by
23
ballot
.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
requires
nomination
petitions
for
election
to
a
28
school
district
office
to
be
filed
with
the
county
commissioner
29
of
elections
instead
of
with
the
secretary
of
the
school
30
board.
If
a
county
commissioner
of
elections
who
is
not
the
31
controlling
commissioner
for
an
election
in
a
school
district
32
that
spans
multiple
counties
receives
a
nomination
petition,
33
the
bill
requires
the
county
commissioner
of
elections
34
to
immediately
transfer
the
nomination
petition
to
the
35
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2019
controlling
commissioner.
The
bill
also
requires
objections
1
to
and
withdrawals
of
nominations
to
be
filed
with
the
county
2
commissioner
of
elections
and
changes
the
board
for
considering
3
objections
to
consist
of
three
elected
county
officers
4
appointed
by
the
chairperson
of
the
board
of
supervisors.
The
5
bill
makes
conforming
changes,
including
to
keep
the
process
6
for
objections
to
petitions
for
public
measures
in
a
school
7
district
unchanged
from
current
law.
8
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