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HomeMy WebLinkAboutA023 - City Clerk's Guide to City Elections CITY CLERKS GUIDE TO CITY ELECTIONS Receivinjz 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. [§376.4] 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 Must Receive Papers. [§376.4] a. Nomination papers must be filed with the city clerk or the clerk's designee. • Candidates may NOT file nomination papers with the auditor. b. If the city clerk is not available during usual business hours, a substitute must be designated to receive nomination papers. C. City clerks are required by law to have their offices open until 5 p.m. on the last day candidates may file nomination papers. 3. 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] 4. Personal Filing Not Required. It is not necessary for the candidate to appear in person to file the nomination papers. Someone else may deliver the completed forms to the city clerk. 5. �Examlination Guidelines. amne e nomma Ion 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 is 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, signature at the bottom. If the name is unclear, print it neatly at the top of the affidavit. (2) No titles, parentheses, or quotation marks are allowed. (3) Address, city, county and zip code. (4) Election date (the date of the Regular City Election). IV) Signed by the candidate and the signature notarized. If necessary, the city clerk may witness the signature of the candidate. The affidavit must be signed in the presence of the clerk, or notary. Prepared in the office of the Iowa Secretary of State Citv Clerks Guide Rev 05 12 513112005 CITY CLERKS GUIDE TO CITY ELECTIONS v) Affidavits must be filed at the same time as the nomination petition. vi) Affidavits by candidate may be FAXED to the office if the original is also mailed to the county auditor. Be sure to report to the auditor that the original will arrive in the mail. omination petitions may Not BE FAXED b) Petition pages must be fastened together. i) All pages of the petition must be securely fastened together. Staples are the best method. c) Petition must be properly completed. i) Information should be the same on both the petitions and affidavit. ii) All pages must be completed at the top. d) Count the signatures. i) Be sure that the minimum number of signatures has been filed. ii) Do not count signatures that have been crossed out. e) Written Objections Required. i) If nomination papers appear to meet the basic requirements, you must accept them for filing. [See item 3 on the previous page.] f) Return unacceptable nomination papers. i) 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. ii) Date & Time. Note the date and time of filing on both the affidavit and the nomination papers. g) Receipt. Issue a receipt for the nomination papers. h) Copy affidavit. Keep a photocopy of each candidate's affidavit. i) Candidate list. Keep a list of the candidates' names and the offices for which they have filed. j) Deliver all nomination papers and questions to the county auditor by 5 p.m. on the day following the last day on which nomination petitions can be filed along with the full text of any questions for the ballot. fir.i ' ) 5 ep+—• 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. [§376.111 1. Write-in Votes Permitted Write-in votes are permitted in all elections for elective city offices. This includes primary, regular, and runoff elections. Prepared in the office of the Iowa Secretary of State Cih Clerks Guide Rev 05 13 513112005 CITY CLERKS GUIDE TO CITY ELECTIONS 2. 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 city 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: a. The candidate does not have to file an affidavit of candidacy. b. The person is declared elected, just the same as any candidate whose name was printed on the ballot and won the election. 3. If a Write-in Candidate is Elected, then Declines the Office This section applies only to the regular city election in cities with primary elections or elections conducted under Chapter 44, Chapter 45. If a write-in candidate wins an election and does NOT want the job, the winning candidate must submit a letter of resignation to the city clerk by 5 p.m. on the day after the canvass. a. Upon receipt of the written resignation, the city clerk will notify the person who received the next highest number of votes. i. If that person accepts, the person shall be considered the duly elected officer UNLESS (1) a petition is filed requesting a special election, and (2) 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. ii. If that person declines he or she must submit a written resignation within ten days. (1) the office is then considered vacant at the end of the term (2) the vacancy shall be filled pursuant to §372.13(2) (3) an appointment may be made before the end of the current term 4. Write-in Candidates in City Primary Elections b. 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. The affidavit must be filed i. by 5 p.m. on the day following the canvass; ii. with city clerk or with the county auditor. C. The county auditor shall disregard the write-in votes for any write-in candidate who does not file an affidavit of candidacy on time. d. Notations shall be made on the abstract showing which persons received write-in votes and filed affidavits of candidacy. e. 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. 5. Write-in Votes in Cities with Runoff Provisions. If a person who was elected by write-in votes chooses not to accept the office: f. 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. Prepared in the office of the Iowa Secretary of State Cih•Clerks Guide Rev 05 14 513112005 CITY CLERKS GUIDE TO CITY ELECTIONS g. All remaining persons who received write-in votes and wish to be on the runoff ballot must file affidavits of candidacy with the city clerk or county commissioner m. on the fourth day following the canvass. The auditor should notify bYSP Y b Y the write-in candidates of this requirement. h. 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. i. 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. 6. If a runoff is necessary and write-in votes were cast: J. 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. k. 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 VACANCIES IN CITY OFFICES Nonpartisan election 1. Vacancies Filled by Appointment [§372.13(2)(a)] The city council may fill vacancies in elective city offices by appointment. The appointment is until the next election. a. The appointment must be made within 40 days after the vacancy occurs. b. The council must publish notice of its intention to appoint and the right of the people to call a special election by petition. 2. Special City Elections to Fill Vacancies [§372.13(2)(b)] 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-1 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 15) of the votes cast for all candidates for that office at the last regular election in which the office was on the ballot. Prepared in the office of the Iowa Secretary of State Cihv Clerks Guide Rev 05 >> 513112005 CITY CLERKS GUIDE TO CITY ELECTIONS 3. 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' written notice of the date selected for the special election. (NOTE: If a primary election is required the council must give the auditor 85 days' written notice.) 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, »:ore 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(l)(a)(2)] 4. 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. 5. Oath of Office Swear in the new officer within 10 days after the election. Prepared in the office of the Iowa Secretary of State City Clerks Guide Rev 05 16 513112005 CITY CLERKS GUIDE TO CITY ELECTIONS 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. I. Precincts a. 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. b. 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 ivritten comments on the plan. [§49.5] C. 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] d. 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] 2. 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. 3. 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)] Applicable Sections of the Iowa Code: See IA Code @ http://www.le gi s.state.i a.us/IACODE/2005/ §49.3 Election precincts. §49.5 City precincts. §49.8 Changes in precinct Prepared in the office of the Iowa Secretary of State City Clerks Guide Rev 05 17 513112005 CITY CLERKS GUIDE TO CITY ELECTIONS GtJID CITY C RKS I TO 2005 - 2006 CITY ELECTIONS I Prepared in the office of the Iowa Secretary of State 05 s ;1 1)n0i CITY CLERKS GUIDE TO CITY ELECTIONS Notice: Every attempt has been made to make this an accurate and reliable guide. If there are conflicts between the Code of Iowa and the information contained in this guide, the Code and session laws shall be considered authoritative. Any changes in the Code of Iowa or in the Iowa Administrative Code since the preparation of this guide shall be followed. References to the Code of Iowa are cited only by section number. For example: §376.6. Iowa Laws can be found on Website: http://www.legis.state.ia.us/lowaLaw.html References to the Iowa Administrative Code are cited as follows: IAC 721--21.2 (1). "721" is the Secretary of State's department number in the Iowa Administrative Code. Election rules are found in chapters 20 through 26. Rules can be found on the State Website: http://www.legis.state.ia.us/IAC.html For Additional Help-- If you have questions or need further assistance, please call: Your Local County Auditor's Office Your City Clerk or: The Elections Division of the Office of the Secretary of State (515) 281-0145, voice or TTY (515) 281-0145 Prepared in the office of the Iowa Secretary of State Ci(� Clerks Guide Rev OS 2 5/_)'1/2005 CITY CLERKS GUIDE TO CITY ELECTIONS Table of Contents Page # Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-1 Types of Elections Responsibilities & Planning Tips Planning Worksheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-4 Part I: Ballot Planning—Office(s) Part II: Ballot Planning— Public Measures Part III—Type of Nomination Process Part IV —Population Part V - Publication Nomination Paper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-7 Distribution Receiving Nomination Papers Write-In Votes in City Elections . . . . . . . . . . . . . . . . . . . . . . . A-10 Write-In Candidate Elected Write-In Candidate in City Primary Elections Write-In Votes in Cities with Runoff Provisions Vacancies in City Offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-12 Filled by Appointment Special Election Section B — Candidate Guide's - See SOS Website Y, @vase SttAt:Ja.uS /voter/elections/city elections Cities with Primary Elections Cities with Nomination by Convention (chapter 44) Cities with Nomination by Petition (chapter 45) Cities with Runoff Elections Prepared in the office of the Iowa Secretary of State CilY Clerks Guide Rev 05 3 513112005 CITY CLERKS GUIDE TO CITY ELECTIONS Section C — City Election Calendars: See website w,o,,v-s I os,slateht.us /voter/elections/city elections Section D — Code of Iowa: See Code of Iowa jh Up "N',vy.1 e uO",�SLa t e-hi.usA,o�v.4-1, nj ...........I.................. Chapter §376 Section §372.13 Section E —Annexations & Precinct Boundaries Annexations For code sections See Code of Iowa @ Iowa Code section §49.3 Iowa Code section §49.5 Iowa Code section §49.8 Prepared in the office of the Iowa Secretary of State Ciry Clerks Guide Rev 05 -4 513112005 CITY CLERKS GUIDE TO CITY ELECTIONS SECTION A: INTRODUCTION The city clerk is responsible for making election information available to candidates receiving nomination papers. The clerk decides if the nomination papers are complete and sufficient for filing and delivers election materials to the county auditor. Iowa law provides cities with a variety of choices for the election of city officials. There are four nomination processes: 1. Primary Election (candidates file nomination petitions) 2. Nomination by Petition, with only one election (Chapter 45) 3. Nomination by Convention, with only one election (Chapter 44) 4. Runoff Election (candidates file nomination petitions) The city clerk must certify (to the county auditor) the type of nomination process no later than 90 days before the regular city election. After certification, the nomination process cannot be changed unless the change will take effect after the regular city elections. [§376.6(2)] 1. 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. A primary election is held only if there are more than 2 candidates for an office. Candidates file nomination petitions to get on the ballot in the primary election. 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 city 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 filing period for cities that may need to hold primary elections is shorter and earlier than it is for other cities. The other types of nomination processes must be adopted by ordinance. 2. NOMINATION BY PETITION, CHAPTER 45 The city council may choose this option by adopting an ordinance specifying nominations under Chapter 45. Candidates collect signatures on petitions in order to get the candidate's name to appear on the ballot at the regular city election. 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. There is no primary or runoff election. Some cities allow nominations to be made under either chapter 45 or chapter 44, or both [§45.1(8), §45.1(9)] Prepared in the office of the Iowa Secretary of State Ci(v Clerks Guide Rev 05 5 513112005 CITY CLERKS GUIDE TO CITY ELECTIONS 3. _NOMINATION BY CONVENTION. CHAPTER 44 The city council may choose this option by adopting an ordinance specifying nominations under 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. There is no primary or runoff election. Some cities allow nominations to be made under either chapter 45 or chapter 44 or both. [§44.1] 4. RUNOFF ELECTION This option must be adopted by ordinance. A runoff election is held after the regular city election when no candidate receives a majority of the votes cast for an office, or if a write- in winner declines to accept election. The county board of supervisors canvasses the votes from the regular city election to determine which names appear on the ballot in the runoff election. The runoff election must be held four weeks after the regular city election. Candidates for the runoff election cannot withdraw. [§376.9] Prepared in the office of the Iowa Secretary of State 01Y Clerks Guide Rev 05 6 513112005 CITY CLERKS GUIDE TO CITY ELECTIONS RESPONSIBILITIES & PLANNING TIPS Topic Refer to Pane Planning Worksheet. This form is to help you determine what PLANNING WORKSHEET office(s) must be on the ballot. Completing Part III (and filing on time) will fulfill the requirement that you report your city's nomination process to the auditor. [§376.6] Public Measures. Before the filing period begins, check with PLANNING WORKSHEET the city council to see whether they wish to include any questions on the ballot. (The filing deadline for cities to submit questions to the auditor is the day after nominations close.) Nomination Papers — Out. You must provide nomination DISTRIBUTING papers and candidate guides to anyone who requests them. NOMINATION PAPERS Nomination Papers — In. During the period when candidates RECEIVING may file nomination papers, someone must be in your office to NOMINATION PAPERS receive them. Examine papers for compliance with requirements. Filing Deadline Hours. On the last day for candidates to file nomination papers the city clerk's office must be open until 5:00 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 The City Clerk or The Elections Division Office of Secretary of State Chet Culver Lucas State Office Building, First Floor Des Moines, Iowa 50319 (515) 281-0145 Prepared in the office of the Iowa Secretary of State Cih•Clerks Guide Rev 05 7 513112005 CITY CLERKS GUIDE TO CITY ELECTIONS PLANNING WORKSHEET City Of: _&nae , Part I: Ballot Planning - Office(s) 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. hi 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. 1. 2. 3. Date 4. 5. Date Office Term Term Ends Name of Incumbent Appointed 4 Tec�es�o ou K461 d I Prepared in the office of the Iowa Secretary of State Co-Clerks Guide Rev 05 8 513112005 CITY CLERKS 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 the 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 A�3 , 20 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: Iowa Code §376.6 requires this information to be reported to the county auditor. 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 City Election: followed by a Runoff Election, if needed. [§376.9] ❑ 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 W 3,500 or greater ❑100— 3,499 ❑ 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 a.m. ❑ Noon Prepared in the office of the Iowa Secretary of State Ciiv Clerks Guide Rev 05 9 513112005 CITY CLERKS GUIDE TO CITY ELECTIONS 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 -R Date: & /"AC City Clerk City of Prepared in the office of the Iowa Secretary of State Ciq,Clerks Guide Reis 05 10 513112005 CITY CLERKS GUIDE TO CITY ELECTIONS NOMINATION PAPERS Distribution There is no "first day" for collecting signatures. Candidates may begin circulating petitions at any time, but signers must still be qualified when nomination papers are filed. 1. Forms. Give nomination papers to anyone who asks for them. a. Nominations by Petition i. Affidavit by Candidate. Secretary of State Form ii. Petition Form. Secretary of State form b. Nominations by Convention i. Affidavit by Candidate. Secretary of State Form ii. Nomination by Convention. Form 2-1 (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 gnatures varies with type of nomination process. 5. Signatures needed. The number of si a. Chapter 45: flat rate based on population [§45.8] i. 3,500 or greater =25 signatures 100 - 3,499 = 10 signatures iii. less than 100 = 5 signatures b. Primary or Runoff: 2% of votes cast for the office, the last time it was on the ballot but not less than 10. 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. [§376.4] C. Chapter 44: Signatures are not required. 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 Guide and give a copy to each person who requests nomination papers. Prepared in the office of the Iowa Secretary of State City Clerks Guide Rev OS 11 513112005