1

City Elections

Dawn WilliamsDirector of ElectionsIowa Secretary of State’s Officedawn.williams@sos.iowa.gov515-281-0145

July, 2015

2

City Election Basics•Regular city election held in odd-numbered

years▫First Tuesday after the first Monday in November

November 3, 2015•City clerk responsibilities for elections

▫Notify county auditor of election details Certify nomination process used by city

Wednesday, August 5, 2015 §376.6(2) Deliver public measure ballot language to Auditor

Thursday, September 17, 2015 §376.4(5)

▫Serve as filing officer for petitions for special elections HF 2366 did not change this.

July, 2015

3

NEW: Change in Filing Officer

Effective July 1, 2014▫City clerks are no longer the filing officer for

candidate nomination papers for city elections HF 2366

▫Candidates papers must be delivered by the filing deadline to county auditor §376.4(1)

▫Withdrawal Deadline, written request to county auditor §376.4(6); §44.9(6)

▫Objections to nominations are now filed with the county auditor §376.4(6); §44.4(2)

July, 2015

4

NEW: Filing Officer ClarificationHF 2366 transferred ALL filing officer duties to the

County Auditor

• City clerks are strongly discouraged from acting as a courier or middle man to deliver nomination papers to the Auditor▫ Uniform information and equal access ▫ Nomination papers must be available for public inspection during

the filing period. §44.15 §376.4(5)

▫ Review, acceptance or rejection of papers Questions about papers answered first hand and immediately Timely opportunity for candidates to remedy deficiencies noted before

filing Receipt of papers issued to candidate

▫ Objections to the legal sufficiency of papers are filed with County Auditor

▫ Candidate withdrawals are filed with County Auditor

July, 2015

5

Filing Period• Withdrawals and objections

▫Must be submitted in writing▫Filed with county auditor by 5 p.m. on:

Cities with primary provisions: 63 days before Cities without primary provisions: 42 days before

• Objection hearing▫Hearing held within one week

Cities with primary election provisions: held within 24 hours

▫Mayor, city clerk, and a council member chosen by ballot by council members Majority decision is final

§44.4, 44.9(6), 376.4(6)

July, 2015

6

Filing Period

•Cities with primary provisions▫First day: 85 days before (always a Monday)▫Last day: 5 p.m. on the 68th day before

(always a Thursday)•Cities without primary provisions

▫First day: 71 days before (always a Monday)▫Last day: 5 p.m. on the 47th day before

(always a Thursday)•No early or late filings

§43.24, 376.4(5)

July, 2015

7

NEW: Clerks Duties post HF2366

City Clerks still:•Notify Auditor of vacancies and appointments•Deliver full text of public measure to County

Auditor if held with City Election▫ Thursday, September 17, 2015 §376.4(5)

•Provide information to candidates - Best Practices▫Candidate Guides▫Nomination papers and Affidavits▫Notify potential candidates of filing officer change▫May still notarize papers before candidate files

them with Auditor

July, 2015

8

Resources•Secretary of State’s webpage for cities: http://sos.iowa.gov/elections/cities.html

▫City Clerk’s Guide▫Election Planning Worksheet▫Vacancy information▫Election calendars

July, 2015

9

Nomination Methods

•All cities have primary election provisions unless the council adopts an ordinance specifying otherwise

•Cities may choose to have runoff in lieu of Primary should adopt an ordinance §376.9

•Clerk must certify nomination method to auditor no later than 90 days before regular city election

§376.6(2)▫An ordinance to operate under Chapter 44 or 45

would eliminate the need for a primary or runoff

July, 2015

10

Nomination Methods

• City primary election (if necessary) with regular city election ▫Candidates nominated by petition

• Regular city election only with candidates nominated by petition ▫Chapter 45 cities

• Regular city election only with candidates nominated by convention ▫Chapter 44 cities

• Regular city election with runoff city election (if necessary)▫Candidates nominated by petition

July, 2015

11

City Primary Election §376.6

• Candidates must collect signatures on nomination petitions to get their names on ballot

• Primary election not always held▫Held for office(s) if:

The number of candidates who file nomination papers is more than twice the number of seats to be filled for that office

Ex: 2 at-large council seats to be filled and 5 candidates file nomination papers

• If it is necessary, held four weeks before regular city election ▫Tuesday, October 6, 2015

July, 2015

12

City Primary Election §376.6

•“Vote for No More Than…” instructs voters to choose up to the number of candidates to be elected at the regular city election

•No winners, only nominees▫Candidates who receive the most votes are

nominated and will go on the ballot for the regular city election, up to twice the number of seats to be filled Ex: 5 candidates running for 2 at-large council

seats at city primary, 4 candidates who receive most votes will go on regular city election ballot

July, 2015

13

Regular City Election•Held by all cities, regardless of the

nomination method in place▫November 3, 2015

•Final election for cities with:▫Primary election provisions▫Nominations by Chapter 44, Chapter 45, or

both

July, 2015

14

Regular City Election

•Chapter 44 – Nominations by Convention▫Adopted by city ordinance▫Non-party political organizations (NPPOs)

nominate candidates by convention▫NPPO’s name is not listed with the

candidate’s name on the ballot•Chapter 45 – Nomination by Petition

▫Adopted by city ordinance▫Candidates collect signatures on

nomination petitions to get name on ballot

July, 2015

15

City Runoff Election

§376.9•Runoff provisions adopted by city ordinance•Candidates must collect signatures on

nomination petitions to get name on regular city election ballot

•Runoff election not always held▫Held if:

No candidate receives a majority of the votes cast for an office at regular city election

OR A write-in candidate received a majority of the

votes cast at regular city election and then declined the office

July, 2015

16

City Runoff Election

§376.9•Determining majority▫“Vote for no more than one” races

Simple majority (50% + 1 vote)▫“Vote for two or more” races

Total votes cast ÷ number of seats to be filled+ 1

•Round fractions up to next whole number•If necessary, held four weeks after regular

city election ▫Tuesday, December 1, 2015

July, 2015

17

City Runoff Election

§376.9•The names of the candidates who received the most votes will move on to runoff ballot, up to twice the number of seats to be filled▫Ex: 3 at-large council seats to be elected,

the 6 candidates who receive most votes will go on runoff election ballot

•Once nominated at regular city election for the runoff election, candidates cannot withdraw

•Final election

July, 2015

18

Chapter 44 – Convention Requirements•Attendee requirements:

▫At least 10 people▫At least ½ the precincts in the city

represented by at least one eligible elector•Convention Certificate requirements

▫Must include names and addresses of central committee members and delegates who attended convention

§44.1

July, 2015

19

Planning for City Election•Use city election planning worksheet•Prepare list of offices to be filled at a city

election▫Correct title of office▫Voted by ward or at-large▫Minimum number of signatures needed▫Vacancies

•Be aware if public measures will be on ballot▫Must send ballot language to auditor –

summary and full text

July, 2015

20

Who Wins?• City Primary Election

▫Candidates who receive the most votes are nominated and will go on the ballot for the regular city election, up to twice the number of seats to be filled

▫Any person who receives write-in votes and wants to move on to regular city election ballot must file an affidavit of candidacy Even if received most votes Filed by 5 p.m. on day following canvass

Filed with county auditor§376.11(3)

July, 2015

21

Who Wins?

•Regular City Election for Cities Without Runoff Provisions▫Candidate(s) who receive most votes▫If tie, county board of supervisors draws

lots▫If a write-in candidate receives the most

votes, declared the winner Do not need to file an affidavit of candidacy

§ §50.44, 376.11(1,), 376.11(2)

July, 2015

22

Who Wins?• Regular City Election for Cities Without Runoff

Provisions continued…▫Write-in candidate wins and declines

May submit letter of resignation to city clerk by 5 p.m. on 10th day after canvass City clerk notifies next highest vote getter

▫May decline the office by written notice within 10 days of notice from city clerk

▫If declines , office is vacant and filled pursuant to §372.13(2)▫If accepts the office, can be sworn in

▫ Citizens may petition requesting a special election if the next highest vote getter takes office. Petition must be signed by at least 25% of the people who voted for the office in the election.

§ §50.44, 376.11(1,), 376.11(2)

July, 2015

23

Who Wins?• Regular City Election for Cities with Runoff Provisions

▫Must receive a majority of the votes cast. “Vote for No More Than One” Races

Simple majority = 50% + 1 vote “Vote for No More Than Two or More” Races

((Total votes cast ÷ number of seats to be filled) ÷ 2) + 1▫If no majority, runoff is held

Any person who receives write-in votes and wants to move on to city runoff election ballot must file an affidavit of candidacy

Filed by 5 p.m. on day following canvass Filed with county auditor

§376.11(5)

July, 2015

24

Who Wins?• Regular City Election for Cities with Runoff

Provisions continued…▫Write-in winner receives majority and wins but

declines the office May submit letter of resignation to county auditor by

5 p.m. on day after canvass Runoff election now held

Held even if other write-in candidates received a majority of the votes

Remaining write-in candidates who want to be on the runoff ballot must file affidavit with county auditor by 5 p.m. on 4th day after canvass

§376.11(4)

July, 2015

25

Who Wins?

•Runoff City Election▫Candidate(s) who receive most votes

If a write-in winner receives most votes, declared elected if receive most votes and accepts the office No affidavit of candidacy required

▫If tie, county board of supervisors draws lots

§ §50.44, 376.9(3), 376.11(1,)

July, 2015

26

“Final” Election• If the election is not the final election, post-

election day activities are expedited▫Primary election: expedited

Canvass is held Thursday after election▫Regular election

Chapter 44 and 45 cities: final election Canvass is held Monday or Tuesday after election

Cities with runoff provisions: expedited even if runoff is not necessary Canvass is held Thursday after election

▫Runoff election: final election Canvass is held Monday or Tuesday after election

July, 2015

27

After Election Day

•Auditor will send city clerks canvass materials ▫Keep on file for your records

•Terms of office▫First day of January that is not a Sunday or

legal holiday▫Must take oath of office and file bond

before new term begins Oath and bond filed with city clerk

Exception: No bond for city council members§ §63.1, 63.10, 63.11, 64.1A, 376.2

July, 2015

28

Vacancies (changes from HF 2366)

• Council must fill by appointment or special election▫ Appointment

Must be made within 60 days after vacancy occurs Council must publish its intention to appoint at least 4 but

no more than 20 days before the appointment is scheduled to occur Must include notification that citizens may file a petition to

request a special election to be held to fill the vacancy▫ Petition signature requirements based on population and the total

votes cast at last regular city election▫ 10,000 or less = 15% or 200, whichever is less▫ 10,001 – 50,000 = 15% or 1,000, whichever is less▫ 50,001 or more = 10% or 2,000, whichever is less

▫ Petition filed with city clerk within 14 days of publication of notice to intent to appoint or within 14 days after appointment is made, whichever is later

§372.13(2)

July, 2015

29

Vacancies▫Appointment

Appointment will last until next special election for a city Regular city election or special election for

public measure Important Note: Vacancies in cities with

primary election provisions cannot be placed on general election ballot

§372.13(2) as amended by 2014 Iowa Acts HF 2366

July, 2015

30

Vacancies

•Appointment▫If the council fails to make an appointment

within 60 days after the vacancy occurs, the city clerk must notify the county auditor

▫Auditor must call for a special election at the earliest practicable date but no sooner than 32 days after the notice from the clerk is received

§372.13(2)(a)(1)

July, 2015

31

Vacancies▫ Special election

If petitioned for a special election or council decides to hold a special election, it can be held on any Tuesday except: 3 weeks before and after primary and general elections A day where there is another election being held for a different

political subdivision that involves the same voter (e.g. school election)

General election for cities with primary provisions Must be held at the earliest practicable date but not later than

90 days after vacancy occurs Must give auditor notice of election

Cities with primary provisions: at least 60 days notice Cities without primary provisions: at least 32 days notice

If primary or runoff provisions, still must follow those procedures

§372.13(2)(b)

July, 2015

32

Vacancies▫ Special election filing period

Special election held at same time as regularly scheduled election: Same as filing deadlines for regularly scheduled election

Special election not held at same time as regularly scheduled election Begins as soon as notice is given to auditor Last day:

▫ Cities with primary provisions: 5 p.m. on 53rd day before election▫ Cities without primary provisions: 5 p.m. on 25th day before election

Signature requirements the same as for regular city election Office name will be listed on ballot as “To Fill Vacancy”

§372.13(2)(b), IAC 721—21.403, 21.404

July, 2015

33

Vacancies

•After special election, person elected to fill vacancy must be sworn in within 10 days of canvass of votes

July, 2015

34

Vacancies

•Vacancy can only be filled after it actually occurs▫Council may publish its intention to appoint

or its intention to call for a special election before the vacancy occurs but Appointments cannot be made before it

occursAND Special election dates cannot be set before it

occurs•Notify auditor when a vacancy occurs

▫Provide name of appointee if appointment is made

July, 2015

35

Public Measures

VOT

E

July, 2015

36

Special Elections

•A question or an office appearing on a ballot when it was not “regularly scheduled” to appear

•Special election initiated by council action or petition requesting special election §39.2(4)(b)

•If a public measure special election is called, all appointments to fill a vacancy shall also be placed on the special election ballot

July, 2015

37

Public Measure Special Elections• Cities can only hold special elections for public

measures on the following dates:▫First Tuesday in March▫First Tuesday in May▫First Tuesday in August▫First Tuesday after the first Monday in November

• Unless the authorizing Iowa Code section specifies otherwise, must provide at least 46 days notice▫Deliver to auditor:

Action by the council setting the election date Full text of the public measure

§39.2(4)(b)

July, 2015

38

Reviewing Special Election Petitions

1. Is petition legally allowed to be filed in your office?

▫Is it authorized by the Iowa Code?▫Are you the filing officer?

Most city petitions filed with clerk§362.4

July, 2015

39

Reviewing Special Election Petitions

2. Is petition for an election authorized by the Iowa Code?

▫ See handout

July, 2015

40

Reviewing Special Election Petitions

3.Was the petition filed by the deadline for doing so?

▫ Check authorizing Iowa Code section▫ If placed on regular city election or

general election ballot, the ballot language must be filed with the county auditor by the end of the candidate filing period Council must receive petition early enough

to provide required notice and ballot language to county auditor

July, 2015

41

Reviewing Special Election Petitions4. Is the petition valid?•Accepted on their face

▫Make sure the petition is legally sufficient Is the required information present?

Heading complete with purpose of election and authorizing code section

Did the signers provide? Signatures Statement of residence Date of signing

▫Do not have authority to investigate the qualifications of signees

July, 2015

42

Reviewing Special Election Petitions

5. Are the signature requirements met?▫Petitions authorized under §362.4

Minimum number of signatures is equal to at least 10% of the people who voted at the last regular city election, no less than 10

Do not count signatures on the back of petition unless copy of complete heading is at the top.

▫Petitions authorized by other sections, check the authorizing Iowa Code section

July, 2015

43

Reviewing Special Election Petitions

•Objections to public measure petitions▫Must be in writing▫Must be filed in 5 business days after

petition is filed▫Filed with city clerk▫Objection hearing

Hearing held within one week Mayor, city clerk, and a council member

chosen by ballot by council members§ §44.8, 362.4

July, 2015

44

Ballot Language

▫Full text and summary Provided to Auditor at filing deadline Wording might be specified in the Code of

Iowa or Iowa Administrative Rules Local Option Sales & Services Tax IAC 721-

21.801

July, 2015

45

Special Provisions - Many

July, 2015

•Find code citation in Special Election Chart to check for special provisions▫Special Provisions can include:

Lengthened timeline

Extra publications

Notification to Department of Revenue (completed by Auditor)

46

sSpecial Provisions - Many▫Special provisions can include

Length of time before repeat after failure.

Restrictions on duration, repeal or rate change

Population based provisions

Cost paid by petitioners if question fails

Not always run by County Auditor

July, 2015

47

July, 2015

48

Questions?

Dawn WilliamsDirector of ElectionsOffice of the Iowa Secretary of StateLucas State Office Building, 321 E. 12th St.Des Moines, IA 50319515-281-0145dawn.williams@sos.iowa.gov

July, 2015