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HomeMy WebLinkAboutA024 - Candidate's Guide CHESTER J. CULVER CANDIDATE'S GUIDE E OF 104,, Secretary of State City Election 0 ::: W State of Iowa November 2, 1999 r4RY of For Candidates Seeking Nomination By Petition (Cities with Runoff Ordinances) WHERE TO GET NOMINATION PAPERS - Call,write or visit: City Clerk or County Auditor's Office QUALIFICATIONS - Candidates for election to city offices must be eligible electors of the city.An eligible elector is a person who meets all of the qualifications to register to vote whether or not the person is registered.Candidates who are seeking election from wards must be residents of the ward at the time the nomination petition is filed and at the time of the election. NOMINATIONS - There are three methods of getting one's name on the ballot for city elections.Ask your City Clerk or County Auditor which of the following applies to your city: (1) For cities with Primary Elections or Runoff Provisions(by petition) Candidates are nominated by petition. Each petition must include a number of signatures equal to at least 2%of the number of people who voted to fill the same office at the last regular election,but not less than 10 signatures. No city will have both a primary and a runoff election. (2) For cities with nominations under Chapter 45(by petition) Candidates are nominated by petition.The minimum number of signatures is based on the population of the city: Population of the City Signatures Required Less than 100 5 100 or more, but less than 3,500 10 3,500 or more 25 NOTE: In Chapter 45 cities there is no primary or runoff election. (3) For cities with nominations under Chapter 44(by convention) Nominations are made by a convention attended by at least ten(10)eligible electors, including at least one eligible elector from one-half of the voting precincts in the city. NOTE:In Chapter 44 cities there is no primary or runoff election. NOTE: A separate guide is available for candidates who will be nominated by convention and for candidates in cities with primary elections. WHERE TO FILE - 3 In the Office of the City Clerk APR - 5 , �9 WHEN TO FILE - ,m . FIRST DAY-Monday,August 23, 1999 _s g Ci i Y CI.'ti2K LAST DAY-Thursday,September 16, 1999 no later than 5 p.m. CITY OF ANTES,IOWA There are no filing fees. 4. Getting ready to file: ❑ COUNT THE SIGNATURES. It is wise to file more than the required minimum number of signatures. ❑ BE SURE YOU ARE READY.Once the nomination papers have been accepted for filing nothing can be added to them and they cannot be returned to the candidate. ❑ STAPLE ALL PETITIONS TOGETHER AT THE TOP.DO NOT USE paper clips,rubber bands,or metal clamps. 5. Filing with the City Clerk: ❑ AFFIDAVIT AND PETITIONS MUST BE FILED TOGETHER. No papers will be accepted without both an Affidavit by Candidate and the nomination petitions.The affidavit may be submitted by facsimile machine if the original is mailed to the County Auditor no later than the filing deadline. ❑ FILE AS EARLY AS POSSIBLE. Your nomination papers will be inspected for completeness before they are accepted for filing. If the papers do not meet minimum filing requirements,they will not be accepted for filing and will be returned. If you file early,you may have time to correct your error and to resubmit your papers. ❑ IF YOU MAIL YOUR PAPERS. Remember that your papers must be received by the city clerk before 5 p.m. on September 16. Postmark dates don't count. ❑ THE DEADLINE IS FIVE O'CLOCK. Papers presented after 5 p.m.on September 16 will be rejected. 1999 CITY ELECTION CALENDAR (Runoff Calendar) DAY AND DATE EVENT Monday, CANDIDATE FILING BEGINS August 23 First day to file with the City Clerk. Thursday, CANDIDATE FILING DEADLINE September 16 Last day to file nomination papers in the Office of the City Clerk. Deadline is 5 p.m. City Clerk's Offices are required by law to be open until 5 p.m. Tuesday, WITHDRAWAL DEADLINE September 21 Last day for candidates to withdraw by filing a written request with the City Clerk. Tuesday, OBJECTION DEADLINE September 21 Last day to file written objections to nomination papers or eligibility of candidate with the City Clerk. Monday, WORRY FREE POSTMARK DATE October 18 Correctly completed voter registration forms postmarked by today are considered timely even if received after Octoberber 22. Friday, VOTER REGISTRATION DEADLINE October 22 Registration closes at 5 p.m.for Regular City Election. Forms postmarked by Monday, October 20 are considered on time even if received after today. Tuesday, REGULAR CITY ELECTION DAY November 2 Polls open at 7 a.m. and close at 8 p.m. Exception: under some conditions, the polls may be opened at noon. GUIDE Ppm-- 0000- 1999 edition City Clerk5s Guide 1999 edition to • inside Cit t O. Y An overview of the city clerk's role and responsibilties in CITY ELECTIONS E OF 10� h m - Secretary of State, pf S Av 5Q TdRY OF Chester J • Culver C 'Ity Clerk's Gu "Ide ■ to City Elections Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Responsibilities and Planning Tips . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Planning Worksheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Distributing Nomination Papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Receiving Nomination Papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Write-in Votes in City Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Vacancies in City Offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Candidate Guides City Election Calendars Code of Iowa, Chapter 376, City Elections Code of Iowa, Section 372.13, Vacancies in City Offices A 15bidca4d d A e Ud"Ll Prepared in the Elections Division of the Office of the Iowa Secretary of State City Clerk's Guide to City Elections Introduction Iowa law provides cities with a variety of choices for the election of city officials. There are four nomination processes: OO Primary Election (candidates file nomination petitions) OO Runoff Election (candidates file nomination petitions) Os Nomination by Petition, with only one election (Chapter 45) ® Nomination by Convention, with only one election (Chapter 44) The type of nomination process must be certified by the city clerk to the county auditor no later than 77 days before the regular city election. After certification, the nomination process cannot be changed unless the change will go into effect only for later city elections. Primary Election If the city's ordinances do not include a specific provision naming a nomination process, Iowa law requires that the primary election process be used. The filing period for cities with primary elections is shorter and earlier than it is for other cities. Candidates file nomination petitions to get on the ballot. The number of signatures needed by each candidate is determined by the number of votes cast for that office at the previous election. If there are one or two (or no) candidates for an office no primary election is held for that office. If there are more than two candidates for an office a primary election is held four weeks before the regular election. Only the offices with more than two candidates are included on the ballot at the primary election. The two candidates who receive the most votes are declared nominated and their names appear on the ballot at the regular city election. The other types of nomination processes must be adopted by ordinance. Nomination by Petition, Chapter 45 The number of signatures needed on a nomination petition is based upon the population of the city. The regular city election is the only election held if nominations under chapter 45 have been adopted. No primary or runoff elections are required. Some cities allow nominations to be made under either chapter 45 or chapter 44. Nomination by Convention, Chapter 44 Candidates are nominated by conventions of nonparty political organizations. Iowa law requires that a minimum number of people attend the convention or the convention is not valid. The regular city election is the only election held if nominations under chapter 44 have been adopted. No primary or runoff elections are required. Some cities allow ccgce Prepared in the Office of the Iowa Secretary of State 04Mar99 1 City Clerk's Guide to City Elections Responsibilities and Planning Tips Refer to Page Any Questions? Before the filing period begins, check with 5 the city council to-see whether they wish to include any PLANNING WORMHEET questions on the ballot. (The filing deadline for cities to submit questions to the auditor is the day after nominations close.) PLANNING WORKSHEET. This form is to help you determine 4 & 5 what offices must be on the ballot. Completing Part III (and PLANNING WORKSHEET filing on time) will fulfill the requirement that you report your city's nomination process to the auditor. [376.6] Nomination papers -- Out. You must provide nomination 6 papers and candidate guides to anyone who asks for them. DISTMUTING NOMINATION PAPERS Nomination papers -- In. During the period when candidates 7 & 8 may file nomination papers someone must be in your office to RECEIVING receive them. Examine papers for compliance with NOMINATION PAPERS requirements. Filing deadline hours. On the last day for candidates to file 7 nomination papers the City Clerk's office must be open until 5 p.m. Deliver to the Auditor. The day after nominations close deliver to the county auditor: ✓ All nomination papers and candidates' affidavits ✓ Council's action requesting inclusion of any questions on the regular city election ballot, ✓ Complete text of all questions. For Additional Information -- Contact The County Auditor: or The Elections Division Office of the Secretary of State _tA EmwouYIS Hoover Building NAME] Des Moines, Iowa 50319 (515) 281-0145, voice 3�a�7Z I C (515) 281-5865, TDD [TELEPHONE] ccgce Prepared in the Office of the Iowa Secretary of State 04Mar99 3 City Clerk's Guide to City Elections Part II: Ballot Planning-- Public Measures Purpose: To determine whether or not questions will be on the city election ballot. Instructions: Check appropriate response to the following question: Does your city council plan to include any public measures (questions) on the ballot at the regular city election? 0YESE1 NO ❑MAYBE Please Note: Public measures must be filed in the office of the County Auditor no later than 5 P.M. on Friday, September_, Part III -- Type of Nomination Process Purpose: To determine which election calendar to follow in planning elections for your city and the number of signatures needed by candidates. PLEASE NOTE:Reporting this information is required by law. See Iowa Code Section 376.6. Instructions: Mark the method your city has chosen for making nominations. For all methods other than primary elections attach a copy of the ordinance mandating your nomination process. ❑ Primary Election: Default, no action by city council needed. ❑Regular Election, followed by Runoff Election, if needed. [376.91 ❑One Election only: ❑ Chapter 44 and/or ❑ Chapter 45 Part IV -- Population Purpose: To determine whether polls may be opened at noon and the number of signatures needed in cities with nominations under chapter 45. Instructions: Check the appropriate population range for your city— ©3,501 or greater 100-3,499 ❑exactly 3,500 ❑less than 100 If the population of your city is 3,500 or less, at what time do you prefer to have the polls opened? ❑7 AM ❑ NOON Part V -- Publication Purpose: To determine in which newspaper(s) to publish the notice of election. Instructions: List the newspaper(s) in which you would like the notice of election to be published: Arne-, Sri b--t Signed: X Date: City Clerk ccgce Prepared in the Office of the Iowa Secretary of State 04Mar99 5 City Clerk's Guide to City Elections 6. Candidate Guides. Make photocopies of the Guides and give a copy to each person who receives nomination papers. Receiving Nomination Papers 1. No Early or Late Filing. No nomination papers can be accepted before the filing period begins or after 5:00 p.m. on the last day nomination papers may be filed with the city clerk. B(a3 ? First day to file = 71 days before the regular city election. 01 (16 l �(� Last day to file = 47 days before the regular city election. For cities with primary elections the filing period is 85 to 68 days before the regular city election. 2. City Clerk or Clerk's Designee May Receive Papers. Nomination papers must be filed with city clerk or the clerk's designee. ew Candidates may NOT file nomination papers with the auditor. 3. Designate Substitute. If the city clerk is not available during usual business hours, a substitute must be designated to receive nomination papers. 4. Required Office Hours on Last Day to File. City clerks are required by law to have their offices open until 5 p.m. on the last day candidates may file nomination papers. 5. Written Objections Required. If nomination papers appear to meet the basic requirements, you shall accept them for filing. Questions about the qualifications of candidates or the legal sufficiency of nomination papers are resolved by a formal examination following written objections. Objections must be filed with the city clerk no later than 35 days before the date of the regular city election. [376.4, 44.4, 44.5, 44.8] 6. Personal Filing Not Required. It is not necessary for the candidate to appear in person to file the nomination papers. Completed forms may be delivered by someone else. 7. Examination Guidelines. Examine the nomination papers carefully to be sure that all requirements are met: a. Affidavit by Candidate. Check the following information: i. Office and district or ward, if any. ii. Vacancy candidates: If the candidate running for an office that is on the ballot to fill a vacancy, the words "TO FILL VACANCY" must appear on the affidavit and the petition. iii. Candidate's name— (1) Legibly printed at the top, signed at bottom. If the name is ccgce Prepared in the Office of the Iowa Secretary of State 04Mar99 7 City Clerk's Guide to City Elections k. Deliver all nomination papers and questions to auditor by 5 pm Friday. Friday, the day after the deadline, deliver the nomination papers, along with the full text of any questions for the ballot to the auditor's office. They must be filed before 5 p.m. ccgce Prepared in the Office of the Iowa Secretary of State 04Mar99 9 City Clerk's Guide to City Elections (P] Write-in Votes in City Primary Elections 1. Any person who receives write-in votes at a city primary election and who wants to be eligible for the regular city election must file an affidavit of candidacy. The auditor should notify the write-in candidates of this requirement. Filing must be: a. by 5 p.m. on the day following the canvass. b. with city clerk or with auditor. 2. The county auditor shall disregard the write-in votes for any write-in candidate who does not file an affidavit of candidacy. 3. Notations shall be made on the abstract showing which persons received write-in votes and filed affidavits of candidacy. 4. The total number of votes cast for the office shall be amended by subtracting the write-in votes of candidates who did not file the affidavit. (R] Write-in Votes in Cities with Runoff Provisions If a person who was elected by write-in votes chooses not to accept the office: 1. The winner must file a notice of resignation with the city clerk or with the commissioner by 5 p.m. on the day following the canvass. 2. All remaining persons who received write-in votes and wish to be on runoff ballot must file affidavits of candidacy with the city clerk or county commissioner by 5 p.m. on the fourth day following the canvass. The auditor should notify the write-in candidates of this requirement. 3. The abstract of votes shall be amended to show that the person who was declared elected declined the office and a notation shall be made next to the names of those persons who did not file an affidavit. 4. The runoff election must be held even if one of the remaining candidates has a majority of the votes after the write-in votes are disregarded. If a runoff is necessary and write-in votes were cast: 1. Everyone who received write-in votes and who wants to be eligible for the runoff election must file an affidavit of candidacy; the votes for any person who received write-in votes and does not file an affidavit will be disregarded. The auditor should notify the write-in candidates of this requirement. 2. The abstract of votes shall be amended to note which of the write-in candidates failed to file the affidavit. The runoff election must be held even if the abstract now shows that someone received a majority. [376.11] ccgce Prepared in the Office of the Iowa Secretary of State 04Mar99 11 City Clerk's Guide to City Elections Candidate Guides For Cities with ,&!� Primary Elections 9 Nomination by Convention (Chapter 44) 0� Nomination by Petition (Chapter 45) Runoff Elections There are three Guides. Each is updated in odd-numbered years. ccgce Prepared in the Office of the Iowa Secretary of State 04Mar99 City Clerk's Guide to City Elections colty lect 'ion Calendars ccgce Prepared in the Office of the Iowa Secretary of State 04Mar99 City Clerk's Guide to City Elections Code oIowa, Chapter 376 City Elecdons <W Use the current Code: The Code of Iowa is changed annually and reprinted in every odd- numbered year. Never rely on outdated Code language. If you do not have a current edition of the Code, copies are available in the county law library, county officials' offices, and in public libraries. ccgce Prepared in the Office of the Iowa Secretary of State 04Mar99 City Clerk's Guide to City Elections Code of Iowa, 1999 §376.2,CITY ELECTIONS Chapter 376, City Elections special election approves the changed term, it be- partisan city elections may choose in the same comes effective at the beginning of the term follow- manner the original decision was made,to resume ing the next regular city election.If a majority does holding city elections on a partisan basis. not approve the changed term,the council shall not [S13,§1056-a21;SS15,§1056-b4;C24,27,31 35 submit the same proposal to the voters within the 39, §6492, 6496, 6634, 6638; C46, 50, §419.16' next four years. 416.20, 419.20, 419.24; C54, 58, 62, 66, 71, 73' At the first regular city election after the terms of §363.11,363.16;C75,77,79,81,§376.3;82 Acts,ch council members are changed to four years,terms 1097, §21 shall be staggered as follows: 1. If an even number of council members are elected at large,the half of the elected council mem- 376.4 Candidacy. bers who receive the highest number of votes are An eligible elector of a city may become a candi_ elected for four-year terms. The remainder are date for an elective city office by filing with the city elected for two-year terms. clerk a valid petition requesting that the elector's- 2. If an odd number of council members are name be placed on the ballot for that office. The elected at large,the majority of the elected council petition must be filed not more than seventy-one members who receive the highest number of votes days and not less than forty-seven days before the are elected for four-year terms.The remainder are date of the election,and must be signed by eligible elected for two-year terms. electors equal in number to at least two percent of 3. In case of a tie the mayor and clerk shall de- those who voted to fill the same office at the last termine by lot which council members are elected regular city election,but not less than ten persons. for four-year terms. However,for those cities which may be required to 4. If the council members are elected from hold a primary election, the petition must be filed wards,the council members elected from the odd- not more than eighty-five days and not less than numbered wards are elected for four-year terms sixty-eight days before the date of the regular city and the council members elected from even-num- election. A person may sign nomination petitions bered wards are elected for two-year terms. for more than one candidate for the same office, After July 1, 1986, a petition submitted under and the signature is not invalid solely because the this section to change the term of council members person signed nomination petitions for one or more from two to four years shall specify if the terms are other candidates for the office. Nomination peti- to be staggered or run concurrently.If the petition tions shall be filed not later than five o'clock p.m.on provides for concurrent terms and the changed the last day for filing. term is approved by the voters,unnumbered para- The petitioners for an individual seeking election graph 3 of this section shall not apply and the terms from a ward must be residents of the ward at the shall be concurrent.If valid petitions for staggered time of signing the petition.An individual is not eh- and concurrent terms are submitted,the first filed b ble for election from a ward unless the individual shall govern. is a resident of the ward at the time the individual- [R60, §1081, 1084, 1091, 1093, 1106;C73, §390, files the petition and at the time of election. 511,514,518,521,535;C97,§646-649;S13,§646- The petition must include the signature of the 649; SS15, §1056-b3; C24, 27, 31, 35, 39, §5632, petitioners,a statement of their place of residence, 6625,6626;C46,50,§363.10,419.11,419.12;C54, and the date on which they signed the petition. 58,62,66, 71, 73, §363.9,363.10,363.28; C75, 77, The petition must include the affidavit of the in- 79,81, §376.21 dividual for whom it is filed,stating the individu- 86 Acts,ch 1224, §34 al's name,the individual's residence,that the indi- Optional staggered terns for mayors for 1997 and 1999 city elections;97 vidual is a candidate and eligible for the office,and _ Acts,`h 1oz §1 that if elected the individual will qualify for the of- fice. The affidavit shall also state that the candi- 376.3 Nominations. date is aware that the candidate is disqualified Candidates for elective city offices must be nomi- from holding office if the candidate has been con- nated as provided in sections 376.4 to 376.9 unless victed of a felony or other infamous crime and the by ordinance a city chooses the provisions of chap- candidate's rights have not been restored by the ters 44 or 45.However,a city acting under a special governor or by the president of the United States. charter in 1973 and having a population of over If the city clerk is not readily available during fifty thousand shall continue to hold partisan elec- normal office hours,the city clerk shall designate tions as provided in sections 43.112 to 43.118 and other employees or officials of the city who are ordi- 420.126 to 420.137 unless the city by election as narily available to accept nomination papers under provided in section 43.112 chooses to conduct city this section.On the final date for filing nomination elections under this chapter or chapter 44 or 45. papers the office of the city clerk shall remain open The choice of one of these options by such a special until five p.m. charter city does not otherwise affect the validity of The city clerk shall accept the petition for filingif the city's charter. However, special charter cities on its face it appears to have the requisite number which choose to exercise the option to conduct non- of signatures and if it is timely filed.The city clerk ccgce Prepared in the Office of the Iowa Secretary of State 04Mar99 City Clerk's Guide to City Elections Code of Iowa, 1999 Chapter 376, City Elections votes for each office on the ballot are elected,to the Except in cities where the council has chosen a extent necessary to fill the positions open.. runoff election in lieu of a primary, following the [S13,§1056-a21;SS15,§1056-b4;C24,27,31,35, resignation of a person who was elected by write-in 39,§6492,6638;C46,50,§416.16,419.24;C54,58, votes,the city clerk shall notify the person who re- 62,66, 71, 73, §363.16;C75, 77, 79, 81, §376.81 ceived the next highest number of votes cast for the 88 Acts,ch 1119, §41 office that the person may assume the office.If the person accepts the position, the person shall be 376.9 Runoff election. considered the duly elected officer unless a petition A runoff election may be held only for positions requesting a special election is filed by eligible elec- unfilled because of failure of a sufficient number of tors of the city equal in number to twenty-five per. candidates to receive a majority vote in the regular cent of the number of persons who voted for the of- city election. When a council has chosen a runoff fice at the election. If the person declines, the election in lieu of a primary,the county board of su- person shall do so in writing to the city clerk within pervisors shall publicly canvass the tally lists of the ten days and the office shall be considered vacant vote cast in the regular city election,following the at the end of the term.The vacancy shall be filled procedures prescribed in section 50.24, at a meet- pursuant to the provisions of section 372.13, cub- ing to be held beginning at one o'clock in the after- section 2.If the council chooses to appoint,the ap- noon on the second day following the regular city pointment may be made before the end of the cur- election.Candidates who do not receive a majority rent term. of the votes cast for an office, but who receive the In city primary elections any person who re- highest number of votes cast for that office in the ceives write-in votes shall execute an affidavit in regular city election,to the extent of twice the num- substantially the form required by section 45.3, ber of unfilled positions,are candidates in the run- and file it with the county commissioner of elec- off election. tions or the city clerk not later than five o'clock p.m-- Runoff elections shall be held four weeks after on the day after the canvass of the primary elec- the date of the regular city election and shall be tion.If any person who received write-in votes fails conducted in the same manner as regular city elec- to file the affidavit at the time required,the county tions. commissioner shall disregard the write-in votes Candidates in the runoff election who receive the cast for that person.A notation shall be made on highest number of votes cast for each office on the the abstract of votes showing which persons who ballot are elected to the extent necessary to fill the received write-in votes filed affidavits. The total positions open. number of votes cast for each office on the ballot (C71, 73, §363.16;C75, 77, 79, 81, §376.91 shall be amended by subtracting the write-in votes 86 Acts, ch 1224, §37 of those candidates who failed to file the affidavit. It is not necessary for a candidate whose name was printed upon the ballot to file an affidavit. Of the 376.10 Contest. remaining candidates,those who receive the high- A nomination or election to a city office may be est number of votes to the extent of twice the num- contested in the manner provided in chapter 62 for ber of unfilled positions shall be placed on the bal- contesting elections to county offices,except that a lot for the regular city election as candidates for statement of intent to contest must be filed with that office. the city clerk within ten days after the nomination In cities in which the city council has chosen a or election. runoff election in lieu of a primary,if a person who [C97,§678,679;C24,27,31,35,39,§5629;C46, was elected by write-in votes chooses not to accept 50,§363.7;C54,58,62,66,71,73,§363.22;C75,77, the office by filing a resignation notice with the city 79,81, §376.101 clerk or commissioner of elections not later than 97 Acts,ch 170, §92 five o'clock p.m. on the day following the canvass, all remaining persons who received write-in votes 376.11 Write-in votes. and who wish to be considered candidates for the Write-in votes are permitted to be cast in all elec- runoff election shall execute an affidavit in sub- tions for city offices.A person who receives a suffi- stantially the form required by section 45.3 and file cient number of write-in votes to be elected to a city it with the county commissioner or the city clerk office-shall be declared the winner of the election.If not later than five o'clock p.m.of the fourth day fol- a person who was elected by write-in votes chooses lowing the canvass. If a person receiving write-in not to serve in that office the person shall submit a votes fails to file the affidavit at the time required, resignation in writing to the city clerk not later the county commissioner of elections shall disre- than five o'clock p.m.on the day following the can- gard the write-in votes cast for that person.The ab- vass of the election.If a person who was elected by stract of votes shall be amended to show that the write-in votes resigns at a later time, the office person who was declared elected declined the office shall be considered vacant at the end of the term and a notation shall be made next to the names of and the council shall fill the vacancy pursuant to those persons who did not file the affidavit.A run- the provisions of section 372.13, subsection 2. off election shall be held with the remaining candi- ccgce Prepared in the Office of the Iowa Secretary of State 04Mar99 City Clerk's Guide to City Elections Code of I Section 372. 13 City Vacancies <W' Use the current Code: The Code of Iowa is changed annually and reprinted in every odd- numbered year. Never rely on outdated Code language. If you do not have a current edition of the Code, copies are available in the county law library, county officials' offices, and in public libraries. ccgce Prepared in the Office of the Iowa Secretary of State 04Mar99 City Clerk's Guide to City Elections Code of Iowa, 1999 Section 372.13 (2), Vacancies in City Offices CITY OFFICERS ORGANIZATION OF CITY GOVERNMENT,§372.13 372.13 The council. 1. A majority of all council members is a quo- rum. one position was to be filled for the office in which 2. A vacancy in an elective city office during a the vacancy exists,the number of voters who voted term of office shall be filled,at the council's option, for candidates for the office shall be determined by by one of the two following procedures: dividing the total number of votes cast for the office a. By appointment by the remaining members by the number of seats to be filled. of the council, except that if the remaining mem- b. By a special election held to fill the office for bers do not constitute a quorum of the full member- the remaining balance of the unexpired term.If the ship,paragraph"b"shall be followed.The appoint- council opts for a special election or a valid petition ment shall be for the period until the next pending is filed under paragraph "a", the special election election as defined in section 69.12, and shall be may be held concurrently with any pending elec- made within forty days after the vacancy occurs.If tion as provided by section 69.12 if by so doing the the council chooses to proceed under this para- vacancy will be filled not more than ninety days af- graph, it shall publish notice in the manner pre- ter it occurs.Otherwise,a special election to fill the scribed by section 362.3,stating that the council in- office shall be called at the earliest practicable tends to fill the vacancy by appointment but that date.If there are concurrent vacancies on the coun- the electors of the city or ward,as the case may be, cil and the remaining council members do not have the right to file a petition requiring that the constitute a quorum of the full membership,a spe- vacancy be filled by a special election.The council cial election shall be called at the earliest practica- may publish notice in advance if an elected official ble date.The council shall give the county commis- submits a resignation to take effect at a future sioner at least sixty days'written notice of the date date.The council may make an appointment to fill chosen for the special election. A special election the vacancy after the notice is published or after held under this subsection is subject to sections the vacancy occurs,whichever is later.However,if 376.4 through 376.11, but the dates for actions in within fourteen days after publication of the notice relation to the special election shall be calculated or within fourteen days after the appointment is with regard to the date for which the special elec- made, there is filed with the city clerk a petition tion is called. which requests a special election to fill the vacancy, an appointment to fill the vacancy is temporary and the council shall call a special election to fill the vacancy permanently, under paragraph `b". The number of signatures of eligible electors of a city for a valid petition shall be determined as follows: (1) For a city with a population often thousand or less,at least two hundred signatures or at least the number of signatures equal to fifteen percent of the voters who voted for candidates for the office at the preceding regular election at which the office was on the ballot,whichever number is fewer. (2) For a city with a population of more than ten thousand but not more than fifty thousand,at least one thousand signatures or at least the num- ber of signatures equal to fifteen percent of the vot- ers who voted for candidates for the office at the preceding regular election at which the office was on the ballot,whichever number is fewer. (3) For a city with a population of more than fifty thousand,at least two thousand signatures or at least the number of signatures equal to ten per- cent of the voters who voted for candidates for the office at the preceding regular election at which the office was on the ballot,whichever number is fewer. (4) The minimum number of signatures for a valid petition pursuant to subparagraphs (1) through (3) shall not be fewer than ten. In deter- mining the minimum number of signatures re- quired,if at the last preceding election more than ccgce Prepared in the Office of the Iowa Secretary of State 04Mar99