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City Elections
Dawn Williams
Director of Elections
Iowa Secretary of State’s Office
dawn.williams@sos.iowa.gov
515-281-0145
July, 2015
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City Election Basics
July, 2015
• 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.
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July, 2015
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
auditor
county
§376.4(6); §44.9(6)
▫ Objections to nominations are now filed with the
county auditor
§376.4(6); §44.4(2)
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July, 2015
NEW: Filing Officer Clarification
HF 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
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July, 2015
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)
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July, 2015
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)
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July, 2015
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
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July, 2015
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
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July, 2015
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
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July, 2015
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
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July, 2015
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
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July, 2015
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
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July, 2015
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
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July, 2015
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
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July, 2015
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
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July, 2015
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
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July, 2015
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
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July, 2015
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
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July, 2015
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
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July, 2015
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)
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July, 2015
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)
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July, 2015
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)
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July, 2015
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)
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July, 2015
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)
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July, 2015
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,)
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July, 2015
“Final” Election
• If the election is not the final election, postelection 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
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After Election Day
July, 2015
• 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
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July, 2015
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)
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July, 2015
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
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July, 2015
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)
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July, 2015
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)
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July, 2015
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
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July, 2015
Vacancies
• After special election, person elected to fill
vacancy must be sworn in within 10 days of
canvass of votes
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July, 2015
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 occurs
AND
 Special election dates cannot be set before it occurs
• Notify auditor when a vacancy occurs
▫ Provide name of appointee if appointment is made
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Public Measures
July, 2015
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July, 2015
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
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July, 2015
Public Measure Special Elections
• Cities can only hold special elections for public
measures on the following dates:
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▫
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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)
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July, 2015
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
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July, 2015
Reviewing Special Election Petitions
2. Is petition for an election authorized by the
Iowa Code?
▫
See handout
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July, 2015
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
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July, 2015
Reviewing Special Election Petitions
4. 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
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July, 2015
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
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July, 2015
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
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July, 2015
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
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July, 2015
Special Provisions - Many
• 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)
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July, 2015
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
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July, 2015
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July, 2015
Questions?
Dawn Williams
Director of Elections
Office of the Iowa Secretary of State
Lucas State Office Building, 321 E. 12th St.
Des Moines, IA 50319
515-281-0145
dawn.williams@sos.iowa.gov