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HomeMy WebLinkAboutA025 - City Clerk's Guide to City Elections b 2001 Edition Guideo. City Clerk ' s Guide to City Elections �� -- inside �. An overview of the City Clerk's role and # ' responsibilties in CITY ELECTIONS 1PSE OF 10w y 9 Iowa Secretary of State, p�4)?y �P Chester J . Culver 1 City Clerk's Guide to City Elections Table of Contents Section A. Nomination Processes — Definitions 2 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 City Election; Responsibilities & Planning . . . . . . . . . . 4 Ballot Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Nomination Papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Write-Inn Votes 11 Vacancies in City Offices . . . . . . . . . . . . . . . . . . . . . . . . 13 Special Elections to Fill Vacancies . . . . . . . . . . . . . . . . 13 When to swear in newly elected officials . . . . . . . . . . . 13 Section B. Candidate Guides Primary Elections Nominations by Convention (Chapter 44) Nominations by Petition under Chapter 45 Runoff Elections Section C. City Election Calendars Cities With Primary Elections Cities With Nominations under Chapters 44 or 45 Cities With Runoff Elections Section D. Iowa Code; Chapter 376 City Elections Section E. Annexations and Precinct Boundaries Prepared in the Office of the Iowa Secretary of State rily Flnrlinn rifii rinr4 nnir/o uinrl City Clerk's Guide to City Elections Section A 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) `2 J ® Nomination by Convention, with only one election (Chapter 44) r� I The type of nomination process must be certified by the city clerk to the coup auditor no R(l Z I� later than 77 days before the regular city election. After certification, the nomination process Z 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 nominations to be made under either chapter 45 or chapter 44. Prepared in the Office of the Iowa Secretary of State City Election city clerk guide.wpd 2 07Mar01 City Clerk's Guide to City Elections Runoff Election This option must by adopted by ordinance. Candidates file nomination petitions to get on the ballot. The number of signatures needed by each candidate is determined by ,1 «umbe.r of votes cast for that office at the previous election. All of the candidate, {iames appear on the ballot at the regular city election in November. Only candidates who receive a majority of the votes can be declared elected. If no candidate receives a majority of the votes cast for an office, or if a write-in winner declines to accept election, a runoff election is held for those offices four weeks after the regular election. No more than two candidates for each office are declared nominated and their names appear on the ballot at the runoff election. Candidates for the runoff election cannot withdraw. Prepared in the Office of the Iowa Secretary of State City Election city clerk guide.wpd 3 0610ar01 City Clerk's Guide to City Elections Responsibilities and Planning Tips Refer to Page Any Questions? Before the filing period begins, check with the 5 city council to see whether they wish to include any questions on PLANNING WORKSHEET 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 I0 city's nomination process to the auditor. [376.6] Nomination papers -- Out. You must provide nomination papers 6 and candidate guides to anyone who asks for them. DISTRIBUTING NOMINATION PAPERS Nomination papers -- In. During the period when candidates may 7 & 8 file nomination papers someone must be in your office to receive RECEIVING them. Examine papers for compliance with requirements. NOMINATION PAPERS 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 - �'�(-.1> >i �`�� � '��������� Hoover Building [NAME] Des Moines, Iowa 50319 (515) 281-0145, voice [TELEPHONE] (515) 281-5865, TDD Prepared in the Office of the Iowa Secretary of State City Election city clerk guide.wpd 4 06Mar01 City Clerk's Guide to City Elections Planning Worksheet City of: A voc, Part I: Ballot Planning--Offices Purpose: To determine which offices will be on the ballot for this year's city election. Instructions: 1. Office. List all offices that are filled by election, even if the term ends in two years. Examples of offices to include are city council member and mayor. DO NOT list any offices that are always filled by appointment (e.g.: city clerk and treasurer). 2. Term. In column 2 put the number of years (2 or 4) a person elected to a full term would serve for each office listed in column 1. 3. Date Term Ends. In column 3 indicate the date the term expires. If the incumbent was elected or appointed to fill a vacancy, use the expiration date of the term the last time a person was elected to the seat for a full term. 4. Name of Incumbent. In column 4 list the names of all persons who are currently holding the offices listed in column 1. Include the names of persons who were temporarily appointed to fill vacancies in elective offices. 5. Date Appointed. If the incumbent was appointed to the office, indicate the date of the appointment in column 5. If the incumbent has been elected since initially assuming office by appointment, leave the appointment date blank. 2. 3. Date 5. Date 1. Office Term Term Ends 4. Name of Incumbent Appointed 5 12—3 I -© 1 Kos C' L`-0 ti l l VC, i Prepared in the Office of the Iowa Secretary of State City Election city clerk guide.wpd 5 07Mar01 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? ❑YES ❑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 Nominafion 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. hRegular Election, followed by Runoff Election, if needed. [376.9] ❑One Election only: ❑ Chapter 44 and/or ❑ Chapter 45 Part IV -- Populafion Purpose: To determine whether polls may be opened at noon and the number of signatures needed in cities with nominations under chapter 45. Instruction : Check the appropriate population range for your city-- �,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: Signed: X Vj l? l� (• / Date: City Clerk — — — Prepared in the Office of the Iowa Secretary of State Citv Election city clerk auide.wnd 6 07Marn1 City Clerk's Guide to City Elections Distributing Nomination Papers There is no "first day" for collecting signatures. Candidates may begin circulating petitions at any time, but signers must still be qualified when nominatio rpvr�s arse fi1� 1. Forms. Give nomination papers to anyone who asks for them. - vl� 0lpes's a. Nominations by Petition DCe 5t A. Affidavit by Candidate. Secretary of State Form 2-M B. Petition Form. Secretary of State form 2-H. b. Nominations by Convention A. Affidavit by Candidate. Secretary of State Form 2-N B. Nomination by Convention Form 2-I (only for Chapter 44). 2. office list. Using the information from the Planning Worksheet, the county auditor will provide you with a list of the offices that will appear on the ballot, including which offices are to be voted upon to fill vacancies. Give copies of this list with the nomination papers. 3. It is not necessary to: a. Fill out the tops of petitions for candidates b. Record names of people who request papers. 4. Other sources. Nomination papers are also available from a. county auditors b. other cities and counties C. vendors and printers d. people may make their own. 5. Signatures needed. The number of signatures varies with type of nomination process. 1. Chapter 45: flat rate based on population 1. 3,500, or more = 25 signatures 2. 100 - 3,499 = 10 signatures 3. 99 or fewer = 5 signatures [45.1] 2. Primary or Runoff: 2% of votes cast for office the last time it was on the ballot. For at-large council seats, divide the total number of votes by the number of seats on the ballot at the election two years ago, then multiply by .02. Compare your results with the county auditor to be sure that both offices are providing the same information. [376.41 3. Chapter 44: no signatures, nomination certificates must show attendance by at least ten (10) eligible electors, including one person from each of at least one half of the precincts in the city. [44.1] 6. Candidate Guides. Make photocopies of the Guides and give a copy to each person who receives nomination papers. Prepared in the Office of the Iowa Secretary of State City Election city clerk guide.wpd 7 07Mar01 City Clerk's Guide to City Elections Receiving Nomination Papers 1. No Early or Late Filing. Candidates may begin collecting signatures at any time. However, nomination papers cannot 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. ALL ar� — First day to file = 71 days before the regular city election. 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. u�5- 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: A. Office and district or ward, if any. B. 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. Prepared in the Office of the Iowa Secretary of State City Election city clerk_quide.wpd 8 07Mar01 T%o, �- City Clerk's Guide to City Elections r Candidates name -- (1) Legibly printed at the top, signed at bottom. If the name is unclear, print it neatly at the top of the affidavit. (2) No titles, parentheses, or quotation marks are allowed. J s (3) Address, city, county and zip code. �'� co,' election date: (the date of the Regular City Election). /Qu V tv—a' T- ���t" )y the candidate and the signature notarized. If necessary, the KAQvy\e, E� M(Vl •k may witness the signature of the candidate. The affidavit must d in the presence of the clerk, or any notary. 5 C VACA b , ti, � �-�� its must be filed at the same time as the nomination petition. its b Candidate may be FAXED to the office if the original is n ��, Y Y `G ^, ,J n iled to the County Auditor. Be sure to report to the auditor that �PA n� inal will arrive in the mail. Nomination petitions may not be must be fastened together. �s of the petition must be securely fastened together. Staples are rv� V� vV`�lVY� V�D . method. �j Lk r t not want to lose any part of anyone's nomination petition. 5 iV\0.TL�.V -S C. rennon muse oe properly filled out. A. Information should be the same on both the petitions and affidavit. B. All pages must be filled out at the top. d. Count the signatures. A. Be sure that the minimum number of signatures has been filed. B. Do not count signatures which have been crossed out. e. Written Objections Required. If nomination papers appear to meet the basic requirements, you must accept them for filing. See also item 5 on the previous page. f. Return unacceptable nomination papers. If the papers are not acceptable, return them to the person who delivered them. The papers may be corrected and re-filed before the deadline. Date & Time. _Note the date and time of filing on both the affidavit and the 09- e nomination papers. OWN h Receipt. Issue a receipt for the nomination papers. Copy affidavit. Keep a photocopy of each candidate's affidavit, 1?i R 0 P" `�' Prepared in the Office of the Iowa Secretary of State City Election city clerk guide.wpd 9 07Mar01 City Clerk's Guide to City Elections j. Candidate list. Keep a list of the names of candidates and the offices for which they have filed. 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. Prepared in the Office of the Iowa Secretary of State Citv Election citv clerk auide.wpd 10 n7Marn1 City Clerk's Guide to City Elections Write-in Votes in City Elections Iowa laws about write-in votes are different for city elections than for any other type of election. Please read these instructions carefully. Write-in Votes Permitted Write-in votes are permitted in all elections for elective city offices. This includes primary, regular, and runoff elections. If a Write-in Candidate is Elected This section refers only to elections (regular city election or runoff) at which a write-in candidate was declared elected. This does not apply to primary elections or the regular election before a runoff when a write-in candidate is nominated to appear on the ballot at a later election. If a write-in candidate wins an election and wants the job: 1. The candidate does not have to file an affidavit of candidacy. 2. The person is declared elected, just the same as any candidate whose name was printed on the ballot and won the election. If a Write-in Candidate is Elected, then Declines the Office This section applies only to the regular city election in cities with elections conducted under Chapter 44, Chapter 45 or cities with primary elections. If a write-in candidate wins an election and does NOT want the job, the winning candidate may submit a letter of resignation to the city clerk by 5 p.m. on the day after the canvass. Then-- 1. The city clerk notifies the person who received the next-highest number of votes. 2. If that person accepts, the person shall be considered the duly elected officer UNLESS a. a petition is filed requesting a special election, and b. that petition is signed by eligible electors of the city equal in number to 25% of the people who voted for the office in the election. 3. If that person declines in writing within ten days -- a. the office is vacant at the end of the term. b. the vacancy shall be filled pursuant to 372.13. C. an appointment may be made before the end of the current term. Prepared in the Office of the Iowa Secretary of State City Election city clerk guide.wpd 11 07Mar01 City Clerk's Guide to City Elections [P Write-in Candidates 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. ff 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. [376.111 Prepared in the Office of the Iowa Secretary of State Citv Election city clerk ouide.wod 12 07Marnl City Clerk's Guide to City Elections Vacancies in City Offices Nonpartisan election Vacancies Filled by Appointment Vacancies in city offices may be filled by appointment by the city council. [372.13(2)] (0- The appointment must be made within 40 days after the vacancy occurs. (0- The council must publish notice of its intention to appoint and the right of the people to call a special election by petition. Special City Elections to Fill Vacancies The city council may choose to fill the vacancy by special election, or, if the council has chosen to appoint, eligible electors of the city or ward may petition for a special election. A petition requesting that the vacancy be filled by a special election must be filed with the city clerk within 14 days of the publication of the notice of intent to appoint or within 14 days after the appointment is made, whichever is later. Signature requirements -- petitions for special city elections to fill vacancies: Population of City Signatures* 10,000 or less 15%'' or 200, whichever is less 10,001 - 50,000 15%'' or 1000, whichever is less 50,001 or more 10%* or 2000, whichever is less [372.13(2) "a"] Signatures of eligible electors of the city equal to the required percentage(10 or 1 S)of the votes cast for all candidates for that office at the last regular election in which the office was on the ballot. Calendar The timetable for special city elections is the same as it is for regular city elections, except that the council must give the auditor at least 60 days' notice of the date for the special election. g Y P The election must be held on a Tuesday. Primary or runoff elections must be held, if the city has chosen either of those processes and it is necessary. [372.13 (2) "b"] 60 days before election ✓ Notice to auditor due 68' or 47 days before election ✓ Nomination papers due in city clerk's office 28 days before election ✓ Primary election, if needed 28 days after election ✓ Runoff election, if needed Filing deadline is earlier for cities with primaries, more than 60 days'notice needed. The special city election may be held in conjunction with a pending city election if this will get the vacancy filled within 90 days of its occurrence. If the vacancy occurs 52 or more days before a pending election in the city it shall be filled at that election. All vacancies not previously filled by election must go on the ballot. [372.13(2)"b"; 69.12(1)"a"(2)] Nominations The signature formula and petition forms are the same for special vacancy elections as they are for the regular city election. The filing period begins as soon as the notice is given to the auditor and ends 47 (or 68) days before the date set for the special election. Oath of Office. Swear in the new officer within 10 days after the election. [63.1& 63.8] Prepared in the Office of the Iowa Secretary of State City Election city clerk guide.wpd 13 07Mar4-1 City Clerk's Guide to City Elections Section E. Annexations and Precinct Boundaries Prepared in the Office of the Iowa Secretary of State City Election citv clerk puide.wod n7M;ir0ti City Clerk's Guide to City Elections Section E: City Annexations After a city annexes territory the city council must make decisions about changes to the city precinct plan. The new territory must be assigned to a voting precinct, and if the city elects council members by wards, the ward plan must also be revised. Precincts Requirements. Precincts must be drawn following the requirements in Iowa Code sections 49.3 and 49.5 and 49.8(2) The city council may decide to attach the annexed territory to existing precincts, or to establish a new precinct. Notify county auditor. Before final adoption of any change in the boundaries of city precincts, the county commissioner of elections must have an opportunity to comment on the proposed changes. The commissioner must be given at least seven, but not more than ten, days to offer comments on the plan. [49.5] Amend precinct ordinance. Because city precincts are established by ordinance, that ordinance must be amended to reflect any changes made in the precinct boundaries. A public hearing must be held before final adoption of the ordinance. [49.5] File with Secretary of State. Changes in precinct boundaries must also be filed with the Secretary of State as soon as possible after the ordinance is adopted. [49.7, last unnumbered paragraph] Wards If the city elects council members from wards, the ward boundaries must also be adjusted to include the newly annexed territory. Follow the same process described above for adjusting the precinct boundaries. Council terms not affected. When the boundaries of a city council district (or ward) are changed by annexation, the change shall not result in the term of any officer elected from the former district being terminated before or extended beyond the expiration of the term to which the officer was last elected. If more than one incumbent officeholder resides in a district redrawn during reprecincting, their terms of office shall expire after the next election in the political subdivision. When a vacancy occurs on the city council following the effective date of new district boundaries, the vacancy shall be filled using the new boundaries. [49.8(4)] Prepared in the Office of the Iowa Secretary of State City Flpr_tinn city clerk n►►irip wnrl n7eA—A4 City Clerk's Guide to City Elections Applicable Sections of the Code of Iowa, 2001 49.3 Election precincts. recent federal decennial census. Election precincts shall be drawn by the 4. All election districts, including city wards county board of supervisors or the temporary and county supervisor districts, shall be drawn county redistricting commission in all according to the following standards: unincorporated portions of each county, and by the city council of each city in which it is a. All boundaries, except for supervisor necessary or deemed advisable to establish districts for counties using supervisor more than one precinct. Precincts established representation plan "two" pursuant to section as provided by this chapter shall be used for all 331.209, shall follow precinct boundaries. elections, except where temporary merger of established precincts is specifically permitted b. All districts shall be as nearly equal as by law for certain elections, and no political practicable to the ideal population for the subdivision shall concurrently maintain districts as determined by dividing the number different sets of precincts for use in different of districts to be established into the types of elections. Election precincts shall be population of the city or county. drawn so that: c. All districts shall be composed of contiguous 1. No precinct shall have a total population in territory as compact as practicable. excess of three thousand five hundred, as shown by the most recent federal decennial d. Consideration shall not be given to the census. addresses of incumbent officeholders, political affiliations of registered voters,previous 2. Each precinct is contained wholly within an election results, or demographic information existing legislative district, except: other than population head counts, except as required by the Constitution and the laws of a. When adherence to this requirement would the United States. force creation of a precinct which includes the places of residence of fewer than fifty registered e. Cities shall not be divided into two or more voters. county supervisor districts unless the population of the city is greater than the ideal b. When the general assembly by resolution size of a district. Cities shall be divided into the designates a period after the federal decennial smallest number of county supervisor districts census is taken and before the next succeeding possible. reapportionment of legislative districts required by Article III, section 35, Constitution of the 49.5 City precincts. state of Iowa as amended in 1968, during which The council of a city where establishment of precincts may be drawn without regard to the more than one precinct is necessary or deemed boundaries of existing legislative districts. advisable shall at the time required by law, divide the city into the number of election 3. Except as provided in section 49.4, precincts as will best serve the convenience of subsection 3, precincts established after July 1, the voters. As used in this section, the term 1994, shall be composed of contiguous the convenience of the voters" refers to, but is territory within a single county. The not necessarily limited to,the use of precinct boundaries of all precincts shall follow the boundaries which can be readily described to boundaries of areas for which official and identified by voters and for which there is population figures are available from the most ease of access by voters to their respective Prepared in the Office of the Iowa Secretary of State City Election city clerk guide.wpd 07Mar01 City Clerk's Guide to City Elections precinct polling places by reasonably direct annexation or other means other than routes of travel. reprecincting,the change shall not result in the term of any officer elected from the former The precinct boundaries shall conform to district being terminated before or extended section 49.3 and shall be described in an beyond the expiration of the term to which the ordinance adopted by the council within the officer was last elected,except as provided time required by section 49.7. Before final under section 275.23A and section 331.209, adoption of any change in election precinct subsection 1. If more than one incumbent boundaries pursuant to this section or section officeholder resides in a district redrawn during 49.6,the council shall permit the commissioner reprecincting,their terms of office shall expire not less than seven and not more than ten days after the next election in the political time to offer comments on the proposed subdivision. reprecincting. A public hearing shall be held before final adoption of the ordinance. Notice When a vacancy occurs in the office of county of the date,time, and place of the hearing shall supervisor, city council,or school director be given as provided in chapter 21. t] O(D following the effective date of new district 49.8 Changes in precincts. boundaries,the vacancy shall be filled using the new boundaries. After any required changes in precinct boundaries have been made following each 5. When a city is changing its form of federal decennial census, at the time established government from one which has council by or pursuant to section 49.7,the county members elected at large to one which has board or city council shall make no further council members elected from wards, or is changes in precinct boundaries until after the changing its number of council members next federal decennial census, except in the elected from wards, the city council may following circumstances: redraw the precinct boundaries in accordance with sections 49.3 and 49.5 to coincide with 1. [Not reprinted] the new ward boundaries. 2. When territory is annexed to a city the city 6. [not reprinted] council may attach all or any part of the annexed territory to any established precinct or 7. [not reprinted]. precincts which are contiguous to the annexed territory, however this subsection shall not prohibit establishment of one or more new precincts in the annexed territory. 3. A city may have one special federal census taken each decade and the population figures obtained may be used to revise precinct boundaries in accordance with the requirements of sections 49.3 and 49.5. 4. When the boundaries of a county supervisor, city council, or school director district, or any other district from which one or more members of any public representative body other than the general assembly are elected by the voters thereof, are changed by Prepared in the Office of the Iowa Secretary of State City Election city clerk guide.wpd 07Mar0 f