HomeMy WebLinkAboutA021 - Filing Officer's Guide for Elections - Revised March 2017 Filing Officer's Guide
Revised March 2017
Prepared by the Office of the Iowa Secretary of State
(515) 281-0145
sos@sos.iowa.gov
http://sos.iowa.gov/
For more information, please contact the Secretary of State's Office or the county auditor.
Important Note: The information provided in this guide has been compiled in the Iowa Secretary of
State's Office to assist filing officers in meeting the requirements of Iowa's election laws. If any errors in
compilation or computation have occurred, or if there have been amendments to the Iowa Code or Iowa
Administrative Code, the provisions of the Iowa Code, Iowa Administrative Code, and the session laws
shall prevail.
Table of Contents
Overview
Filing Officer Responsibilities...............................................................................................1
Filing Officers for Nomination Papers ..................................................................................1
Petition Signers and Convention Attendees.........................................................................2
EligibleElector Defined ........................................................................................................2
CandidateQualifications ......................................................................................................2
Primary Election Candidate Qualifications ..............................................................................3
General Election Candidate Qualifications ..............................................................................4
Non-Partisan Office Candidate Qualifications .........................................................................5
CandidateFiling Periods ............................................................................................................6
Nomination Papers
Overview ..............................................................................................................................7
Availability of Nomination Papers.........................................................................................7
PublicInformation ................................................................................................................7
Preparing for the Filing Period
Knowthe Ballot Contents.....................................................................................................8
Receipts, Logs, and Accounting...........................................................................................8
Receiving Nomination Papers
Overview ..............................................................................................................................9
Receiving Nomination Papers In-Person .............................................................................9
Receiving Nomination Papers in the Mail ..........................................................................10
FaxedAffidavits..................................................................................................................10
Reviewing Nomination Papers
Overview ............................................................................................................................11
Acceptedon Their Face.....................................................................................................11
NotingDeficiencies ............................................................................................................12
Reviewing the Affidavit of Candidacy.................................................................................13
AffidavitElements......................................................................................................13
RejectingAffidavits....................................................................................................15
Reviewing Nomination Petitions.........................................................................................16
PetitionHeader Elements..........................................................................................16
RejectingPetition Pages ...........................................................................................19
DittoMarks ....................................................................................................19
RejectingSignature Lines .........................................................................................19
Qualifications of Petition Signers...............................................................................20
School Districts with Director Districts...........................................................20
Citieswith Wards...........................................................................................20
Supervisor Plan 2 Counties...........................................................................20
Supervisor Plan 3 Counties...........................................................................20
CollectingSignatures ................................................................................................20
Reviewing NPPO Convention Certificates .........................................................................21
Convention Attendance Requirem ents......................................................................21
NPPO Convention Certificate Elements....................................................................22
Reviewing Political Party Convention Certificates..............................................................24
Convention Attendance Requirements......................................................................24
Political Party Convention Certificate Elements ........................................................25
Certificate of Presidential Electors .....................................................................................27
Accepting or Rejecting Nomination Papers
Overview ............................................................................................................................28
AcceptingPapers...............................................................................................................28
RejectingPapers................................................................................................................28
Special Circumstances Affecting Nominations
Objections to Nomination Papers.......................................................................................29
Objections to County Political Party Candidates .......................................................30
Objections to NPPO or Unaffiliated Candidates........................................................31
CandidateWithdrawals ......................................................................................................33
Running for More than One Office Prohibited ....................................................................34
Holding More than One Office............................................................................................34
Dual Affiliation Nominations Prohibited ..............................................................................34
NPPO Candidate Substitutions ..........................................................................................35
School District and City Employees as Candidates ...........................................................35
Candidate Relationships ....................................................................................................35
Public Measures
Overview ............................................................................................................................36
Noticeof Election Required................................................................................................36
Regularly Scheduled Elections..................................................................................36
County Public Measures................................................................................36
School and City Public Measures..................................................................36
SpecialElections.......................................................................................................36
Withdrawing Requests for Public Measure Special Elections............................................37
Standards for Reviewing Special Election Petitions .............................................................38
Filing Officers' Frequently Asked Questions .........................................................................41
AdditionalResources ...............................................................................................................43
Glossary 45
Overview
Filing Officer Responsibilities
A filing officer assists with the administration of elections in multiple ways. Some responsibilities
include:
1. Distributing nomination papers and candidate guides.
2. Receiving, reviewing, and accepting or rejecting nomination papers during the candidate
filing period.
3. Receiving and reviewing petitions requesting special elections.
In schools and cities, the filing officer must also communicate with the county auditor to share
election information.
Filing Officers for Nomination Papers
Election Type Filing Officer Code Cite
School School Secretary §277.4(1)
Community College Community College Board Secretary §260C.15(3)
City Control County Auditor or City Clerk designated §376.4(1)(a)
by the Control County Auditor
County Offices: County Auditor
Primary §43.11
State and Federal Offices: Secretary of State
County Offices: County Auditor
General §44.4, 45.4
State and Federal Offices: Secretary of State
March 2017 Prepared by the Office of Iowa Secretary of State 1
Filing Officers for Special Elections
The term "special election" applies to any item appearing on the ballot that is not automatically
required to appear on a ballot (e.g. public measures and elected offices where vacancies have
occurred). Special elections may be held in conjunction with the regular school election, the
regular city election, the general election, and on other dates as provided by law.
For special elections, the filing officer is the same individual it is for regularly scheduled
elections. For example, the school secretary is the filing officer for a special election to fill a
vacancy on a school board.
Petition Signers and Convention Attendees
Petition signers and convention attendees must usually be eligible electors. In some situations,
petition signers must be registered voters. The Iowa Code statute authorizing the special
election will indicate the required qualifications of petition signers.
Eligible Elector Defined
An eligible elector meets all of the requirements to register to vote but does not have to be
registered to vote. An eligible elector must:
• Be a citizen of the United States,
■ Be a resident of Iowa, and
■ Be at least 18 years old.
An eligible elector may not:
■ Be a convicted felon (unless voting rights have been restored by the president or
governor),
■ Be currently judged incompetent to vote by a court, and
■ Claim the right to vote in any other place.
[§39.3(6)]
Candidate Qualifications
Candidates must be eligible electors of the jurisdiction and district or ward (if any) at the time of
the election. See the Candidate Qualifications charts for specific residency requirements for
each office.
[§39.26, 161 A.5, 277.27, 376.4(1)]
March 2017 Prepared by the Office of Iowa Secretary of State 2
Primary Election Candidate Qualifications
Federal Office U.S.Citizenship Residence Age Term Signatures Needed
U.S.Senator Iowa resident at the Based on votes cast at last
At least 9 years when time of the general 30 when 6 years general election;refer to
[U.S.Constitution,Art.1,Sec.3] sworn in. election. sworn in. signature charts.
[§43.20(1)(a)]
U.S.Representative Iowa resident at the Based on votes cast at last
At least 7 years when timeof the general 2 years 25 when general election;refer to
[U.S.Constitution,Art.1,Sec.2] sworn in. election. sworn in. signature charts.
[§43.20(1)(c)]
State Executive Office U.S.Citizenship Residence Age Term Signatures Needed
Governor&Lieutenant Based on votes cast at last
Governor 2 years at the general Iowa resident for 2 30 at the time of years at the time of the the general 4 years general election;refer to
[
election. general election. election. signature charts.
Iowa Constitution,Art.IV,Sec.6] [§43.20(1)(a)]
Secretary of State,Auditor of 1,000,including 50
Citizen at the time of Iowa resident at the 18 at the time of
State,Treasurer of State, signatures from at least 10
the election. time of the election. the election. 4 years
Secretary of Agriculture, [§39.26] [§39.26] [§39.26] counties.
Attorney General [§43.20(1)(b)]
Iowa General Assembly U.S.Citizenship Residence Age Term Signatures Needed
State Senator Citizen when 1 year in Iowa,60 days 25 when 100 from state senate
sworn in. in the district at the time sworn in. 4 years district.
[Iowa Constitution,Art.III,Sec.5] [§39.26] of the general election. [§43.20(1)(c)]
State Representative Citizen when 1 year in Iowa,60 days 21 when 50 from state
sworn in. in the district at the time 2 years representative district.
Sec.3-4]
[Iowa Constitution,Art.III, [§39.26] of the general election. sworn in. [§43.20(1)(c)]
County Offices U.S.Citizenship Residence Age Term Signatures Needed
Plan 1 and 2 Counties:At
least 100 or 2%of the party
vote in the county at last
Iowa resident at time of general election,whichever
Citizen at the time of
election.Registered 18 at the time of is less.
voter of the
County Supervisor the election. county/supervisor the election. 4 years Plan 3 Counties:At least
sor
[§39.26] district when sworn in. [§39.26] 100 or 2%of the party vote
[§trict w en sworn
i in the supervisor district
(including election day and
absentee)at last general
election,whichever is less.
[§43.20(1)(d)]
County Attorney Iowa resident at time of At[east 100 or 2%of the
Must be admitted to the Citizen at the time of election.Registered 18 at the time of party vote in the county at
practice of law in the courts of the election. voter in the county the election. 4 years last general,whichever is
Iowa when sworn in. [§39.26] when sworn in. [§39.26] less.
[§331.751(2)] [§39.26,331.751(2)] [§43.20(1)(d)]
Iowa resident at time of At least 100 or 2%of the
County Auditor, Citizen at the time of election.Resident of 18 at the time of party vote in the county at
County Treasurer, the election. the county the election. 4 years last general,whichever is
County Recorder [§39.26] when sworn in. [§39.26] less.
[§39.26-27] [§43.20(1)(d)]
County Sheriff Iowa resident at time of At least 100 or 2%of the
Citizen at the time of election.Resident of 21 when party vote in the county at
Must also meet the the election. the county sworn in. 4 years last general,whichever is
requirements in Iowa Code [§39.26] when sworn in. [§331.651(2)(b)] less.
§331.651. [§39.26-27] 1 1 1 [§43.20(1)(d)]
March 2017 Prepared by the Office of Iowa Secretary of State 3
General Election Candidate Qualifications
Federal Office U.S. Citizenship Residence Age Term Signatures Needed
U.S.resident for 14 1,500;must run as a team;must
President/Vice President 35 when 4 collect signatures from at least
Natural born citizen. years and at time of sworn in. years 10 counties.
[U.S.Constitution,Art.2,Sec.11 election. 45.1 1
U.S.Senator 1,500;must collect signatures
At least 9 years when Iowa resident at the 30 when 6 from at least 10 counties.
sworn in. time of the election. sworn in. years [§45.1(1)]
[U.S.Constitution,Art.1,Sec.31
375 from the congressional
U.S.Representative
At least 7 years when Iowa resident at the 25 when 2 district.
[U.S.Constitution,Art.1,Sec.2] sworn in. time of the election. sworn in. years [§45.1(2)]
State Executive Office U.S.Citizenship Residence Age Term Signatures Needed
Governor&Lieutenant 1,500;must run as a team;must
Iowa resident for 2 30 at the time natures from at least
Governor 2 years at the time of years at the time of the of the 4 collect signatures
the election. years 10 counties.
election. election. [§45.1(1)]
[Iowa Constitution,Art.IV,Sec.6]
Secretary of State,Auditor of Iowa resident at the 18 at the time 1,500;must collect signatures
Citizen at the time of time of the general of the 4
State,Treasurer of State, 9 from a least 10 counties
Secretary of Agriculture, the election. election. election. years [§45.1(1)]
Attorney General [§39.26] [§39.26] [§39.26]
Iowa General Assembly U.S.Citizenship Residence Age Term Signatures Needed
State Senator Citizen when 1 year in Iowa.60 days 25 when 4 100 from state senate district.
sworn in. in the district at the sworn in. years [§45.1(3)]
[Iowa Constitution,Art.III,Sec.51 1§39.261 time of the election.
State Representative Citizen when 1 year in Iowa.60 days 21 when 2 50 from state representative
sworn in. in the district at the district.
[Iowa Constitution,Art.III, [§39.26] time of the election. sworn in. years [§45.1(4)]
Sec.3-4]
County Offices U.S.Citizenship Residence Age Term Signatures Needed
Plan 1 and 2 Counties:At least
250 or 1%of registered voters
in the county as of July 1 of
Iowa resident at the
previous year,whichever is less.
Citizen at the time of time of the election. 18 at the time
County Supervisor the election. Registered voter of the of the 4 Plan 3 Counties:At[east 150 or
[§39.26] county/supervisor election. years 1%of registered voters in the
district when sworn in. [§39.26] supervisor district as of July 1 of
[§39.26,331.201] previous year,whichever is less.
[§45.1(5-6),IAC 721-
21.601(2)]
County Attorney Iowa resident at the 18 at the time At least 250 or 1%of registered Citizen at the time of time of the election. of the 4 voters in the county as of July 1
Must be admitted to the practice the election. Registered voter in the election. years of previous year,whichever is
of law in the courts of Iowa [§39.26] county when sworn in. lec 2n. less.
when sworn in.[§331.751(2)] [§39.26,331.751(2)] 61 [§45.1(5)]
Iowa resident at the 18 at the time At least 250 or 1%of registered
County Auditor, Citizen at the time of time of the election. of the 4 voters in the county as of July 1
of previous year,whichever is
County Treasurer, the election. Resident of the county
election. years less.
County Recorder [§39.26] when sworn in. [§39.26]
[§39.26-27] [§45.1(5)]
County Sheriff Iowa resident at time of At least 250 or 1%of registered
Citizen at the time of election.Resident of 21 when 4 voters in the county as of July 1
Must also meet the the election. the county sworn in. years of previous year,whichever is
requirements in Iowa Code [§39.26] when sworn in. [§331.651(2)] less.
§331.651. [§39.26-27] 1 [§45.1(5)]
March 2017 Prepared by the Office of Iowa Secretary of State 4
Non-Partisan Office Candidate Qualifications
Non-Partisan Offices U.S. Citizenship Residence Age Term Signatures Needed
Iowa resident at the time
Citizen at the time of the of the election.Trustees 18 at the time
must be registered voters of the No petition is required.
Township Trustee election. of the township when election. 4 years 1§39.22(2)(a)]
[§39.26] sworn in. [§39.26]
39.26,359.17(1)1
Iowa resident at the time 18 at the time
Citizen at the time of the of the election.Resident of the No petition is required.
Township Clerk election. of the township when 4 years 2
[§39.26] sworn in. election. [§39.22( )(a)I
39.26-27 [§39.26]
Iowa resident at the time
Citizen at the time of the of the election.Cannot 18 at the time 25 from the conservation
Soil&Water Conservation reside in the same of the years ears district.
election.
Board [§39 26] township as any other election. [§161A.5(3)(a)]
board member. [§39.26]
[§161A.5(2)]
Iowa resident at the time 18 at the time
Citizen at the time of the of the election.Resident of the 50 from the county.
County Hospital Trustee election. of the county election. 6 years [§347.25]
[§39.26] when sworn in. [§39.26]
[§39.26,39.27,347.9]
Iowa resident at the time 18 at the time
Citizen at the time of the of the election. Registered of the 25 from the extension
County Agricultural Extension election. voter of the district when 4 years district.
[§39.26] sworn in. election. [§176A.8(3)]
[§176A.5] [§39.26]
Primary or Runoff Provision
Cities:
At least 10 or 2%of number
of people who voted for the
office at last regular city
election.
[§376.4]
Chapter 45 Cities:
Resident of the city at 18 at the time For cities with a population of
of filing 3,500 or greater,
Citizen at the time of time of filing papers.
o least 25
papers and at eligible electors of city or
City Offices filing papers and at the Resident of ward(if any) time of 2 or 4 ward.
time of the election. at time of filing papers years
[§39.26,376.4(1)(a)] and at time of election. election. [§45.1(8)(a)]
[§376.4(1)] [§39.26,
376.4(1)] For cities with a population
between 100 and 3,499.at
least 10 eligible electors of
city or ward.
[§45.1(8)(b)]
For cities with a population of
99 or less,at least 5 eligible
electors of city or ward.
45.1 8 c,376.4
Iowa resident and 18 at the time
Citizen at the time of the resident of hospital of the See requirements for regular
City Hospital Trustee election. service area at the time of 4 years
[§39.26] the election. election. city offices.
[§39.26,39.27,392.6(1)] [§39.26]
Resident of school district Between 10 and 50,
Citizen at the time of the 18 at the time depending on the number of
School Board Members election. and director district(if of election. 4 years registered voters in the
[§277 27] any)at time of election. [§277 27] district as of May 1.
[§277.27] [§277.4,IAC 721-21.500]
Iowa resident at the time
Community College Board Citizen at the time of the of the election.Resident 18 at the time At least 50 signatures from
Members election. of the director district of election. 4 years director district.
[§39.26] when sworn in. [§39.26] [§260C.15(2)]
[§39.26,260C.11(1)]
March 2017 Prepared by the Office of Iowa Secretary of State 5
Candidate Filing Periods
Candidate filing periods are set by Iowa law. For regularly scheduled elections, filing periods
always start on a Monday. Dates are determined by starting at election day, with election day
being zero, and counting backwards. Include weekends and holidays when counting days.
Important Note: The filing officer's office must be open until 5 p.m. on the last day of the filing
period.
Election Type Candidate Filing Period
School Election Filing Period Begins: 64 days before the date of the regular school election.
[§260C.15(3),277.4] Filing Period Ends: 40 days before the date of the regular school election.
City Primary Filing Period Begins: 85 days before the date of the regular city election.
Election
[§376.4(1)(a)] Filing Period Ends: 68 days before the date of the regular city election.
Regular City & Filing Period Begins: 71 days before the date of the regular city election.
City Runoff
Elections
Filing Period Ends: 47 days before the date of the regular city election.
Primary Election
Filing Period Begins: 99 days before the date of the primary election.
State & Federal
Offices Filing Period Ends: 81 days before the date of the primary election.
§43.11(2)
Primary Election
Filing Period Begins: 92 days before the date of the primary election.
County Offices
Filing Period Ends: 69 days before the date of the primary election.
General Election Filing Period Begins: 99 days before the date of the general election.
State & Federal
Offices
Filing Period Ends: 81 days before the date of the general election.
[§43.78(2),44.4(1),
45.4]
General Election Filing Period Begins: 92 days before the date of the general election.
County Offices
[§43.78(3),44.4(1), Filing Period Ends: 69 days before the date of the general election.
45.4]
*Refer to the election calendars for specific dates.
March 2017 Prepared by the Office of Iowa Secretary of State 6
Nomination Papers
Overview
Nomination papers consist of an affidavit of candidacy and either a nomination petition or
convention certificate. All candidates must file an affidavit of candidacy. Whether a candidate
will file a nomination petition or a convention certificate will depend on which nomination method
the candidate uses.
Exception: Nomination petitions or convention certificates are not required for township offices.
[§39.22(2)(a)]
Availability of Nomination Papers
Nomination papers are prescribed by the Secretary of State's (SOS) Office. Papers for all
offices may be obtained on the SOS's website:
http://sos.iowa.gov/elections/candidates/index.htm I
Filing officers should provide copies of the papers and candidates' guides to anyone who asks
for them. Candidates may request the papers by mail, email, or in person at the filing officer's
office.
Best Practice: Provide at least one copy of the candidate's guide, affidavit of candidacy,
nomination petition, and convention certificate to a candidate. Filing officers may charge for the
cost of reproduction for additional copies.
Public Information
Filing officers are not required to record the names of persons who have requested nomination
papers. However, if the filing officer has recorded those names that information is considered
public information.
Filed nomination papers are public records. They may be examined by anyone who wishes to
see them. It is not necessary to record the names of persons who examine nomination papers.
Important Note: Because filed nomination papers must be available for public inspection during
the filing period, school secretaries must not deliver the papers to the county auditors before the
end of the filing period.
[§44.15, 277.4]
Best Practices:
Supervise persons who are examining the filed original nomination papers. A fee may be
charged for the supervision. Do not permit anyone to remove nomination papers from the office.
Do not allow anyone to alter nomination papers.
[§22.3, 43.16, 44.16, 44.15, 45.5(4)]
Photocopies of nomination papers may be purchased as well. Filing officers may charge a fee
for the copies as long as the fee is the same for photocopies of other documents the officer may
provide.
[§22.3]
March 2017 Prepared by the Office of Iowa Secretary of State 7
Preparing for the Filing Period
Know the Ballot Contents
Be sure to know which offices and public measures must appear on the ballot for upcoming
elections. This includes offices regularly scheduled to be on the ballot as well as any vacancies
that must appear.
Best Practice: City clerks and school secretaries should communicate with the county auditor
to determine which offices, including vacancies, and public measures must appear on the ballot.
Receipts, Logs, and Accounting
Best Practices:
Use a log or accounting system to keep track of nomination papers as they are filed. A sample
"Nomination Papers Log" is available in the Election Forms Library.
Issue a receipt to all persons who file nomination papers. A sample "Receipt for Nomination
Papers" is available in the Election Forms Library.
Keep nomination papers in a secure location (e.g. a locked filing cabinet, the office safe) during
the filing period.
March 2017 Prepared by the Office of Iowa Secretary of State 8
Receiving Nomination Papers
Overview
There are several steps to the nomination paper filing process:
■ Receipt by the filing officer (i.e. transfer of custody of the nomination papers),
■ Review by the filing officer, and
■ Acceptance or rejection by the filing officer.
The affidavit of candidgc, us;jtkbe_WPd at the sarne time as thomination petitions or
convention certificate�lf only one part is filed, it must be rejected.
.19, 43.8 , 5rt3jbY—Z60C.15(2) 277.4(2)(b), 376.4(2)(b)]
Receiving Nomination Papers In-Person
1. Be sure all the petition pages or convention documents are fastened together. If the papers
are not bound, ask the candidate to bind them or bind them in the filer's presence.
2. Be sure the correct forms are being filed. Each candidate must file an affidavit of candidacy
(no exceptions). Each candidate must also file nomination petitions or convention
certificates.
Exception: Petitions or convention certificates are not required for township offices.
[§39.22(2)(a)]
3. Review the affidavit of candidacy for blank fields. If required information is missing, ask the
candidate to complete a new affidavit of candidacy. To determine what information is
required, see the "Reviewing the Affidavit of Candidacy" section in this guide.
Important Note: Once notarized, an affidavit cannot be altered. A new affidavit must be
completed by the candidate.
4. Ask any questions about the nomination papers while the filer is still in the office.
Best Practice: Ask who to contact if there are any questions regarding the filing.
5. Complete the nomination paper log and a receipt. Make a copy of the receipt. Give the
original receipt to the filer and attach the copy to the nomination papers. Time-stamp the
affidavit and the first page of the petition or certificate to note the time the papers were
received.
Important Note: Do not "File" stamp the nomination papers until they have been reviewed
and accepted.
March 2017 Prepared by the Office of Iowa Secretary of State 9
Receiving Nomination Papers in the Mail
1. Be sure all the petition pages or convention documents are fastened together.
If the papers are not bound, bind them.
2. Be sure the correct forms are being filed.
Each candidate must file an affidavit of candidacy (no exceptions). Each candidate must
also file nomination petitions or convention certificates.
Exception: Nomination petitions or convention certificates are not required for township
offices.
[§39.22(2)(a)]
3. Complete the nomination paper log and a receipt. Attach the receipt to the nomination
papers. Time-stamp the affidavit and the first page of the petition or certificate to note the
time the papers were received.
Important Note: Do not "File" stamp the nomination papers until they have been reviewed
and accepted.
Faxed Affidavits
Candidates may fax a notarized affidavit of candidacy to the filing officer if necessary.
If a candidate chooses to do so:
■ The faxed copy must arrive before the filing deadline.
■ The candidate must also mail the original, notarized affidavit of candidacy to the filing
officer.
The affidavit must be postmarked before the filing deadline to be considered on tim e.
• The filing officer must receive the original affidavit no later than seven days after the
filing deadline, regardless of when it was postmarked.
If the original affidavit of candidacy arrives late or is postmarked after the deadline, the
nomination papers are void.
Nomination petitions and convention certicates cannot be faxed and must be filed before the
filing deadline even if the affidavit of candidacy was faxed.
Best Practice: If a candidate needs to fax an affidavit, the candidate should contact the filing
officer prior to faxing the document to discuss filing the rest of the nomination papers.
[IAC 721-21.2(3))
March 2017 Prepared by the Office of Iowa Secretary of State 10
Reviewing Nomination Papers
Overview
Nomination papers must be reviewed to ensure they are legally sufficient and can be accepted
for filing.
[§44.15, 45.4, 277.4(3), 376.4(4)]
Important Note: School secretaries and city clerks designated to receive nomination papers
make the determination to accept or reject nomination papers and must review them once
received from candidates. Auditors do not review nomination papers received by school
secretaries or designated city clerks.
Best Practice: Work with only one set of nomination papers at a time. A "Checklist for
Reviewing Nomination Papers" is available in the Election Forms Library.
Accepted on Their Face
The Iowa Code states that nomination papers must be "accepted on their face" when they
appear to be legally sufficient.
[§44.15, 45.4, 277.4(3), 376.4(4)]
This means that filing officers must inspect nomination papers to ensure they are legally
sufficient and the required information is included. While doing so, the information presented on
the papers must be accepted on its face. This does not mean nomination papers should not be
examined.
Example:
In Humboldt School District, the office of school board director is on the ballot. Wayne Butler
files nomination papers as a candidate for school board and lists his address on his affidavit of
candidacy as: 45 Main Street, Humboldt City. The school secretary knows everyone in
Humboldt City, but she has never heard of Wayne Butler. The school secretary also knows
there is a Main Street in town, but she thinks someone else lives at that address.
Q: Should the secretary get out the Humboldt City phone book to check Mr. Butler's
address?
A: No.
The secretary must accept Mr. Butler's address on its face. Filing officers should assume the
candidate is qualified, unless an objection is filed and the objection hearing proves otherwise.
March 2017 Prepared by the Office of Iowa Secretary of State 11
Noting Deficiencies
Filing officers must mark any deficiencies found on nomination papers.
Best Practice: Use a highlighter to mark these deficiencies so the nomination papers cannot be
altered and resubmitted.
[§43.14(3), 45.5(4)]
Example:
When a candidate turns in a nomination petition with petition headers that do not contain the
name of the office the candidate is seeking, no signatures on those pages can be counted. The
blank "Office Sought" field in the header should be highlighted before the rejected papers are
returned to the candidate.
March 2017 Prepared by the Office of Iowa Secretary of State 12
Reviewing the Affidavit of Candidacy
All candidates must complete and file an affidavit of candidacy.
Important Note: For the general election, candidates for president and vice president as well as
for governor and lieutenant governor file as a team. However, each candidate must file an
affidavit of candidacy.
Affidavit Elements
The affidavit should include the following information:
■ )Candidate's Name
o Highlight this field if left blank.
The candidate's name must be printed exactly as the candidate wishes the name to
appear on the ballot. No parentheses, quotation marks, or titles (e.g. Dr., Mrs., etc.) may
be included.
The phonetic spelling of the candidate's name is suggested information. This is helpful
for producing audio ballots for voters who are visually impaired. The candidate should be
as clear as possible (e.g. Eisenhower= "EYES-in-how-er").
�• Office Sought and District or Ward (if any)
o Highlight these fields if left blank.
The name of the office and the congressional, state senate, state representative,
supervisor district, city ward or other district (if any) that the candidate is running for must
be included.
r■ Vacancy Information
Is the candidate running to fill a vacancy due to the death, resignation, removal, or
temporary appointment of an office holder?
The "yes" box must be checked if the candidate is running to fill the remainder of an
unexpired term. This happens when an incumbent office holder resigned, died, or was
removed from office before the end of the term and another officer was appointed (not
elected) to fill the remainder of the unexpired term.
o Highlight this field if left blank and it was required.
Candidates should contact the filing officer if they are unsure whether they are running to
fill a vacancy.
March 2017 Prepared by the Office of Iowa Secretary of State 13
jDype and Date of Election
o Highlight these fields if left blank.
■ Candidate's Affiliation Q
This is a required field fo partisan office Candidates for the primary election,
candidates nominated by ical--p�conventions, and candidates nominated by
NPPOs must provide their party or NPPO affiliation. The name of a NPPO cannot be
more than five words and no part or version of the words Democratic or Republican may
be used as part of the NPPO's name.
o Highlight this field if left blank and it was required.
Important Note about "Independent" Candidates:
The term "independent" is used by candidates and the general public to refer to
candidates who are not running under any party or NPPO's ticket. In Iowa, if a candidate
writes the word "Independent" on nomination papers, that candidate is indicating
membership in the "Independent" NPPO and will be listed on the ballot that way. If a
candidate intends to run without any party or NPPO affiliation, the box next to "Not
affiliated with any organization" on the nomination petition and affidavit of candidacy
should be checked. The candidate's name will appear on the ballot without any
reference to a party affiliation.
Candidate's Home Address
i
o Highlight this field if left blank.
Candidates must provide their house number, street name, city, and county of
residence. Mailing address, phone, and email are optional but do assist the filing officer
and the public in contacting the candidate.
• Candidate's Affirmation, Signature, and Notarization
o Highlight if the notarization is left blank or is deficient in some way.
The affidavit must be notarized. A notarial officer must be present when the candidate
signs the affidavit, and the notarial officer will complete the verification on the bottom of
the affidavit. Once an affidavit is notarized, the affidavit cannot be altered.
There are two ways an affidavit can be notarized: by a commissioned notary public or by
a person who is allowed by law to witness signatures because of the person's position.
In the case of affidavits of candidacy, the county auditor and the city clerk may witness
signatures. School secretaries are not given this authority by the Iowa Code. School
secretaries can notarize documents only if they are also commissioned notary publics.
March 2017 Prepared by the Office of Iowa Secretary of State 14
Notarized by a Commissioned Notary Public
The notary must complete the verification on the bottom of the affidavit which includes the
following:
1. The state the notary is commissioned by (an Iowa notary is not required),
2. The name of the county in which the notarization is taking place,
3. The date of the notarization,
4. The printed name of the candidate, and
5. The seal, signature, and commission expiration date of the notary.
Notarized by a City Clerk or County Auditor who is not a Commissioned Notary Public
If the auditor or clerk is not a commissioned notary public, the auditor or clerk may notarize the
affidavit. When notarizing the affidavit, the auditor or clerk must include all of the following in the
space for notarization on the document:
1. The auditor's or clerk's signature
2. The title " County Auditor" or" City Clerk," as appropriate.
[§9B.10, 39.22(2)(a) 43.14(4), 44.3(2), 45.5(5), 161A.5(3)(b), 260C.15(2), 277.4(2)(b), 376.4(2)(b)]
Rejecting Affidavits
Affidavits missing the information listed below must be rejected:
■ Candidate's name,
■ Office sought and district (if any),
—Party# fo--ra partisan office),
■ Candidate's signature, or
• Signature of notary public.
[§43.14(4), 44.3(2), 45.3, 45.5(5)]
March 2017 Prepared by the Office of Iowa Secretary of State 15
Reviewing Nomination Petitions
There are four types of nomination petition forms prescribed by the SOS:
1. Nomination Petition for Primary Election,
2. Nomination Petition for Partisan Office,
3. Nomination Petition for Non-Partisan Office, and
4. Nomination Petition for Community College Trustee.
The nomination petitions are available in the Election Forms Library and in the "Candidates"
section on the SOS's website.
Candidates must file their nomination petitions at the same time the affidavit of candidacy is
filed. Be sure the minimum number of signatures has been filed. See the Candidate
Qualifications charts for signature requirements.
Petition Header Elements
The petition header should be completed by the candidate before anyone signs the petition.
Best Practice: Advise candidates to complete the header on one petition page and make
copies of that page so all petition page headings are identical.
The information listed below must appear on each petition header for all offices. Signatures
cannot be counted on petition pages missing the following information:
• \Candidate's Name
o Highlight this field if left blank.
The candidate's name should be printed exactly as the candidate wishes the name to
appear on the ballot. No parentheses, quotation marks, or titles (e.g. Dr., Mrs., etc.) may
be included.
Important Note: For the general election, candidates for president and vice president
file as a team. Both candidates must be named on the same petition.
For the general election, governor and lieutenant governor candidates affiliated with a
NPPO or without any NPPO or party affiliation file as a team. Both candidates must be
named on the same petition.
For the primary election, candidates for governor are listed independently on the
nomination petition. The Democratic and Republican candidates for lieutenant governor
are nominated by the state political party conventions and must file an affidavit of
candidacy before the general election candidate filing period deadline.
[§43.123, 45.1(7)]
March 2017 Prepared by the Office of Iowa Secretary of State 16
( lOffice Souqht
�._ o Highlight this field if left blank.
j \OJffice District or Ward (if any)
o Highlight this field if left blank.
The candidate must provide the district num ber or ward (if any). Signatures on petition
pages that do not provide the applicable district number (when required) cannot be
counted.
( i�ype and Date of Election
o Highlight these fields if left blank.
��innPr�' and C;andidate's Affirmation of Residence
The following statement must appear on each petition page:
"We, the undersigned eligible electors of the appropriate county, supervisor, legislative
district, city, school district, or school or community college director district in the state of
Iowa, hereby make the nomination outlined above. If the candidate named above
accepts the nomination, we believe the candidate is or will be a resident of the
appropriate county, supervisor, legislative district, city, school district, or school or
community college director district within the time frame required by law (60 days prior to
the general election for state senate and state house candidates)."
o Make note on the petition page if this statement is missing.
• Candidate's County of Residence
Primary Election: The candidate's county of residence must be indicated for all
offices except for state senator and state representative. Highlight
this field if left blank.
Petition headers for state senator and state representative
candidates must also include a statement that the candidate will
be a resident of the legislative district at least 60 days before the
general election. Make note on the petition page if this statement
is missing.
All Other Elections: Candidates do not need to provide.
March 2017 Prepared by the Office of Iowa Secretary of State 17
■ Candidate's Affiliation
Partisan Offices: Democratic, Republican, "Not affiliated with any organization" or
"Name of Non-Party Political Organization" must be marked. The
name of a NPPO cannot be more than five words and no part of
version of the words Democratic or Republican may be used as
part of the NPPO's name. The name of the NPPO will be listed
after the candidate's name on the ballot. If"Not affiliated with any
organization" is marked, the candidate's name will appear on the
ballot without any reference to a party affiliation.
Highlight this field if left blank.
All Other Offices: Candidates do not need to provide.
The following information should also appear on each petition he ader for all offices:
• acanc Information
Is the candidate running to fill a vacancy due to the death, resignation, removal, or
temporary appointment of an office holder?
The "yes" box must be checked if the candidate is running to fill the remainder of an
unexpired term. This happens when an incumbent office holder resigned, died, or was
removed from office before the end of the term and another officer was appointed (not
elected) to fill the remainder of the unexpired term.
o Highlight this field if left blank and it was required.
Candidates should contact the filing officer if they are unsure whether they are running to
fill a vacancy.
■ Signers' County of Residence
This is only required on petitions for U.S. senate, U.S. representative, and statewide
candidates. Petition pages should only include signatures from one county for these
offices.
o Highlight this field if it was left blank and it was required.
[§45.5, 45.6]
March 2017 Prepared by the Office of Iowa Secretary of State 18
Rejecting Petition Pages
All signatures on petition pages missing the required information cannot be counted.
[§43.14(1), 43.14(2), 45.5(1), 45.5(2)]
Signature Line Elements
All signers must include the following information:
■1 Signature of Eligible Elector
o Highlight this field if left blank.
Signatures do not have to be legi ble and may include printed names.
■ ddress of Eli ible Elector
o Highlight this field if left blank or if the address is obviously outside the applicable district.
This must include a house number, street name, and city. Providing a post office box
only is not sufficient. A signer who is homeless should describe where the signer lives or
write "homeless."
Signers may abbreviate the name of a city if it is clear which city the abbreviation stands
for.
[§43.14(2), 43.15(2), 45.5(2), 45.6(2), 260C.15(2), 277.4(2)(b), 376.4(2)(a)]
Important Note: Petitions signers for community college director candidates m ust also include
the school district in which they reside.
[§260C.15(2)]
Ditto Marks
Petition signers often use "ditto" marks when appropriate (e.g. when the name of a city or the
date of signing the petition is the same as the previous signer). The use of ditto marks alone
does not invalidate a signature.
Rejecting Signature Lines
Signature lines missing the signature or complete address or containing an address obviously
outside the district cannot be counted.
If the petitions do not contain the m inimum number of required signatures, the nomination
papers must be rejected.
[§43.14(2), 43.15(2), 45.5(2), 45.6(2)]
March 2017 Prepared by the Office of Iowa Secretary of State 19
Qualifications of Petition Signers
Petition signers must be eligible electors from the jurisdiction and district or ward (if applicable).
School Districts with Director Districts
In school districts where directors are voted on only by the residents of the director district,
petition signers must live in the director district.
In school districts where directors must reside in a specific director district but are voted upon by
the entire school district, petition signers may live anywhere in the school district.
Cities with Wards
In cities where council members are voted on only by residents of the ward, petitions signers
must live in the ward.
In cities where council members represent a ward but are voted on upon by the entire city,
� petition signers may live anywhere in the city.
[§45.1(8), 376.4(1)(a)]
Supervisor Plan 2 Counties
Petition signers may live anywhere in the county.
Supervisor Plan 3 Counties
Petition signers must live in the supervisor district.
[§43.15(3), 45.1(5), 45.1(6)]
Collecting Signatures
Candidates may begin collecting signatures at any time. However, the signers must still be
eligible electors when the papers are filed in order for the signatures to count.
Candidates may sign their own petitions assuming they are eligible electors of the jurisdiction
and district or ward.
There is no limit on the number of nomination petitions for different candidates that one eligible
elector may sign.
[§43.15(1), 45.6(1), 277.4(2)(b), 376.4(2)(a)]
March 2017 Prepared by the Office of Iowa Secretary of State 20
Reviewing NPPO Convention Certificates
NPPOs can hold conventions to nominate one candidate for each partisan office for the general
election as well nominate candidates for offices in Chapter 44 cities. Candidates nominated at a
convention must file an affidavit of candidacy and N PIP O convention certificate.
Convention Attendance Requirements
Minimum requirements for attendance at nominating conventions are established by law. If the
minimum attendance requirements are not met, the nominations made at the convention cannot
be included on the ballot. Eligible electors may attend more than one nomination convention.
Number of counties or precincts that
Office Minimum Attendance must be represented by at least one
eligible elector
U.S. Senator, President & Vice
President, Governor & 250 eligible electors 25 counties
Lt. Governor, and Statewide
Offices
U.S. Representative 50 eligible electors '/2 of counties in district
State Senator 20 eligible electors '/2 of precincts in district
State Representative 10 eligible electors '/2 of precincts in district
County Offices 10 eligible electors '/2 of precincts in county
Chap. 44 City Offices 10 eligible electors '/2 precincts in city
[§44.1]
March 2017 Prepared by the Office of Iowa Secretary of State 21
NPPO Convention Certificate Elements
The convention certificate must include the following information:
■ Name of NPPO
o Highlight this field if left blank.
The name of a NPPO cannot be more than five words and no part or version of the word
Democratic or Republican may be used as part of the NPPO's name.
• Name of Each Candidate Nominated
o Highlight this field if left blank.
■ Office(s) Sought and District or Ward (if any)
o Highlight these fields if left blank.
The name of the office and the congressional, state senate, state representative,
supervisor district, ward or other district (if any) that the candidate is running f or must be
included.
■ Home Address of Each Candidate
o Highlight this field if left blank.
Candidates must provide their house number and street name.
■ Names and Addresses of NPPO's Executive or Central Committee Members
o Highlight these fields if left blank.
• Method for Filling Ballot Vacancies
NPPOs may specify the organization's provisions (if any) for filling vacancies in
nominations. If it wishes to make a substitution for a ballot vacancy, the NPPO must file
these provisions.
March 2017 Prepared by the Office of Iowa Secretary of State 22
• Affidavit and Addresses of Chairperson and Secretary
o Highlight these fields if left blank.
The chairperson and secretary of the convention must sign the certification of
nomination from the convention. They must also include their places of residence.
■ Name and Address of Each Delegate in Attendance at Convention
o Highlight these fields if left blank.
[§44.1, 44.2, 44.3]
The convention certificate should also include the following information:
■ Date of Convention
■ Type and Date of Election
■ Vacancy Information
Is the candidate running to fill a vacancy due to the death, resignation, removal, or
temporary appointment of an office holder?
The "yes" box must be checked if the candidate is running to fill the remainder of an
unexpired term. This happens when an incumbent office holder resigned, died, or was
removed from office before the end of the term and another officer was appointed (not
elected) to fill the remainder of the unexpired term.
Candidates should contact the filing officer if they are unsure whether they are running to
fill a vacancy.
When more than one candidate has been nominated at the same convention, those
nominations may be added to the certificate by including the required information and using a
separate sheet of paper.
March 2017 Prepared by the Office of Iowa Secretary of State 23
Reviewing Political Party Convention Certificates
Political parties may hold nomination conventions to nominate candidates to fill vacancies for
special elections held under§69.14 and §69.14A. Also, prior to the general election candidate
filing deadline, political parties may hold nomination conventions to fill ballot vacancies caused
by:
• No candidate being nominated at the primary election, or
■ An inconclusive primary election (no one received 35% of total votes cast), or
• A primary election winner's withdrawal, death, or failure to qualify (i.e. failure to file an
affidavit when nominated by write-in votes).
[§43.77, 43.78]
Important Note: The Iowa Code does not provide a "start date" for filing nomination papers
from political party conventions held after the primary election to fill general election ballot
vacancies. The nomination papers must be filed by the general election candidate filing deadline
but may be filed anytime after the primary election is certified by the county or state board of
canvassers.
Convention Attendance Requirements
Office Convention Convened By: Convention Attendees
U.S. Senator State Party Chairperson Party's state convention
U.S. Representative State Party Chairperson Party's congressional district
convention
Governor, Lt. Governor State Party Chairperson Party's state convention
Party's state convention
Secretary of State,Auditor of
State, Treasurer of State, State Party Chairperson Exception: Instead of holding a
Secretary of Agriculture,Attorney state convention, the party's
General state central committee may fill
vacancies.
Party precinct committee
State Senate, State House State Party Chairperson members whose precincts lie
within the district
County Auditor, Treasurer,
Recorder, Attorney, Sheriff, County Party Chairperson Party's county convention
Board of Supervisors (at-large)
County Board of Supervisors (by Delegates to the party's county
district) County Party Chairperson convention who represent the
precincts lying within the district
[§43.78(1)]
March 2017 Prepared by the Office of Iowa Secretary of State 24
Political Party Convention Certificate Elements
The convention certificate for political party nominations must include the following information:
• Candidate's Name
o Highlight this field if left blank.
The candidate's name should be printed exactly as the candidate wishes the name to
appear on the ballot. No parentheses, quotation marks, or titles (e.g. Dr., Mrs., etc.) may
be included.
■ Candidate's Home Address and Mailing Address (if different)
o Highlight this field if left blank.
Candidates must provide their house number and street name.
■ Office Sought and District or Ward (if any)
o Highlight these fields if left blank.
The name of the office and the congressional, state senate, state representative, or
supervisor district (if any) that the candidate is running for must be included.
■ Name of Political Party
o Highlight this field if left blank.
Either Democratic or Republican must be included.
■ Signatures of Convention Chairperson and Secretary
o Highlight these fields if left blank.
The chairperson and secretary of the convention must sign the certification of
nomination from the convention.
[§43.88]
The convention certificate should also include the following information:
■ Date of Convention
■ Type and Date of Election
March 2017 Prepared by the Office of Iowa Secretary of State 25
■ Vacancy Information
Is the candidate running to fill a vacancy due to the death, resignation, removal, or
temporary appointment of an office holder?
The "yes" box must be checked if the candidate is running to fill the remainder of an
unexpired term. This happens when an incumbent office holder resigned, died, or was
removed from office before the end of the term and another officer was appointed (not
elected) to fill the remainder of the unexpired term.
March 2017 Prepared by the Office of Iowa Secretary of State 26
Certificate of Presidential Electors
Along with nomination papers, candidates for president and vice president must file a certificate
of presidential electors. The electors must include one person from each of Iowa's four
congressional districts and two from the state at-large.
The certificate must include:
• The candidates' names for president and vice president,
■ The name of political party or NPPO, and
■ The names and addresses of six presidential electors.
[§44.3(1)(e), 45.1(7)(a), 54.1, 54.5]
March 2017 Prepared by the Office of Iowa Secretary of State 27
Accepting or Rejecting Nomination Papers
Overview
Nomination papers are filed or rejected as a whole. If the affidavit is rejected, accompanying
nomination petitions or convention certif icates are also rejected.
[§43.19, 43.88, 161A.5(3)(b), 260C.15(2) 277.4(2)(b), 376.4(2)(b)]
Accepting Papers
If nomination papers meet all of the legal requirements, accept them for filing:
1. Stamp the papers "filed."
Stamp the affidavit of candidacy and the first page of the nomination petitions or convention
certificate.
[§43.12, 277.4(3), 376.4(4)]
2. Photocopy the affidavit and store the original nomination papers in a secure place in the
office.
Best Practice: Keep copies of all the affidavits in an easily accessible location in the office
for quick reference. Use a log or accounting system to keep track of the nomination papers
in your possession. A "Nomination Paper Log" is available in the Election Forms Library.
3. Inform the candidate the nomination papers were successfully filed.
Best Practice: Phone the candidate if a phone number was provided. Also provide the
candidate with a letter stating the papers submitted appear to meet the basic requirements
for filing and the candidate's name will appear on the ballot at the election. Give the
candidate a file-stamped copy of the affidavit with the letter.
Make a copy of the letter sent to the candidate and keep it with the copies of the affidavits
and receipts.
Rejecting Papers
If the papers do not meet all of the legal requirements, they must be rejected. Return the papers
to the candidate with a letter stating they do not meet the requirements for filing. In the letter,
list the defects found in the papers. If appropriate, explain that the papers may be corrected
and re-filed before the filing deadline.
[§43.14(3), 45.5(4), 376.4(4)]
Best Practice: When nomination papers that were sent through the mail have been rejected,
contact the candidate by telephone or email to see if the candidate would rather pick up the
nomination papers instead of having them returned by mail.
March 2017 Prepared by the Office of Iowa Secretary of State 28
Special Circumstances Affecting Nominations
Objections to Nomination Papers
Any person qualified to vote for an office may file a written objection to a candidate's nomination
papers. The objection may call into question the legal sufficiency of the nomination papers or
the eligibility of the candidate.
Election Type Objection Deadline Objection Filed With Code Cite
School Election 35 days before the School Secretary §277.5
School Board Members school election
School Election 35 days before the Community College §260C.15(4)(b)
Community College Directors school election Board Secretary
§44.4(2),
376.4(6)
City Primary Election By 5 p.m. 63 days before the Control County Auditor as amended
regular city election by 2014 Iowa
Acts HF 2366,
Sec. 2
§44.4(2),
376.4(6)
Regular City Election including By 5 p.m. 42 days before the Control County Auditor as amended
Cities with Runoffs regular city election by 2014 Iowa
Acts HF 2366,
Sec. 2
Primary Election 74 days before the Secretary of State §43.24(1)(b)(1)
State & Federal Offices primary election
Primary Election 64 days before the County Auditor §43.24(1)(b)(2)
County Offices primary election
General Election 5 p.m. on 74 days before the Secretary of State §44.4(2)
State & Federal Offices general election
General Election 5 p.m. on 64 days before the
County Offices general election County Auditor §44.4(2)
See Special Election and See Special Election
Special Elections Vacancies chapters or call the and Vacancies chapters
All Offices auditor or SOS or call the auditor or
SOS
Important Note: The objection hearing is open to the public. Notice of the time and place of the
meeting and an agenda must be published at least 24 hours before the time set for the meeting.
[§21.4]
March 2017 Prepared by the Office of Iowa Secretary of State 29
Objections to County Political Party Candidates
1. Objection Filed
■ All objections must be in writing.
■ Objections must state a specific reason why the objection is being filed (e.g. candidate is
not old enough to hold the office or there are not enough signatures on the petition).
• Objections to signatures must also be specific (e.g. signature #8 on page 10 contains an
address outside of the applicable district).
■ All objections must be filed with the filing officer for the election.
■ All objections must be filed on or before the objection deadline.
[§43.24, 44.4(2), 45.4]
2. Notice to the Candidate
The auditor must notify the candidate by certified mail within 72 hours when an objection is filed.
The notice must:
■ Be sent to the address on the candidate's affidavit of candidacy,
■ State that objections have been made,
• State the nature of the objections, and
• State the time and place of the objection hearing.
[§43.24(2)(a)]
3. The Hearing
The chairperson of the board of supervisors appoints three elected county officials to consider
the objection. No one whose eligibility is in question may serve on the objection panel. If the
chairperson's eligibility is in question, the county auditor appoints the objection board members.
A majority vote of the objection panel decides the issue.
[§43.24(3)(b)]
March 2017 Prepared by the Office of Iowa Secretary of State 30
Objections to NPPO or Unaffiliated Candidates
1. Objection Filed
■ All objections must be in writing.
■ Objections must state a specific reason why the objection is being filed (e.g. candidate is
not old enough to hold the office or there are not enough signatures on the petition).
• Objections to signatures must also be specific (e.g. signature#8 on page 10 contains an
address outside of the applicable district).
■ All objections must be filed with the filing officer for the election.
■ All objections must be filed on or before the objection deadline.
2. Notice to the Candidate
The filing officer (i.e. control county auditor for city candidates, school secretary for school board
candidates, county auditor for county candidates) must notify the candidate right away. The
notice must:
■ Be sent to the address on the candidate's affidavit of candidacy or certificate of
nomination,
■ State that objections have been made, and
■ State the time and place of the objection hearing.
3. The Hearing
County Offices
The hearing must be held no later than one week after the objection is filed. The county auditor,
county treasurer and county attorney consider the objections, unless the objection is to the
nomination of one or more of those officers. The chairperson of the board of supervisors, the
county sheriff and the county recorder, respectively, must substitute for ineligible officers. A
majority decision is final.
City Offices
In cities where a city primary election will not be held, the hearing must occur no later than one
week after the day the objection wis filed.
March 2017 Prepared by the Office of Iowa Secretary of State 31
If a city primary election must be held, the hearing must be held within 24 hours after the
objection is filed. The first two members of the objection panel are the mayor and city clerk. The
third member must be chosen by the city council members by ballot. No one whose eligibility is
in question may serve on the objection panel. A majority decision is final.
[§44.5, 44.8]
School Offices
The hearing must be held within two days after the objection is filed. The first two members of
the objection panel are the school board president and school secretary. The third member
must be chosen by the school board directors by ballot. No one whose eligibility is in question
may serve on the objection panel.
[§277.5]
March 2017 Prepared by the Office of Iowa Secretary of State 32
Candidate Withdrawals
To withdraw, candidates must file a written notice with the appropriate filing officer by the
withdrawal deadline.
Election Type Withdrawal Deadline Withdrawal Filed With Code Cite
School Election By 5 p.m. 35 days before the §44.9(3),
School Board Members school election School Secretary 277.4(4)
School Election Not specifically referenced in the Iowa Code.
Community College Directors Consult with legal counsel if a withdrawal is submitted.
§44.9(6),
376.4(6) as
City Primary Election 63 days before the Control County Auditor amended by
regular city election 2014 Iowa
Acts HF
2366, Sec. 5
§44.9(6) as
Regular City Election including 42 days before the amended by
Cities with Runoffs regular city election Control County Auditor 2014 Iowa
Acts HF
2366, Sec. 5
Primary Election 76 days before the Secretary of State §43.16
State & Federal Offices primary election
Primary Election 67 days before the County Auditor §43.16
County Offices primary election
Candidates Nominated at
Primary:
89 days before the general
General Election election Secretary of State §43.76(1),
State & Federal Offices 44.9(1)
NPPO and Nominated by Petition
Candidates:
74 days before the
general election
Candidates Nominated at
Primary:
74 days before the general
General Election election §43.76(2),
County Offices County Auditor 44.9(2)
NPPO and Nominated by Petition
Candidates:
64 days before the
general election
See Special Elections and See Special Elections
Special Elections Vacancies chapters or call the and Vacancies chapters
All Offices or call the auditor or
auditor or SOS SOS
Important Note: There are no withdrawal provisions for candidates nominated at city primary
elections or at a regular city election when a runoff election is required.
March 2017 Prepared by the Office of Iowa Secretary of State 33
Running for More than One Office Prohibited
If a candidate files nomination papers for more than one office on the ballot, the candidate must
file an affidavit on or before the candidate filing deadline declaring for which office the candidate
wants to run. If the affidavit is not filed, the candidate's name cannot appear on the ballot for any
of the offices for which the person filed nomination papers.
Exception: This prohibition against seeking more than one office does not apply to:
■ County agricultural extension council members, or
• Soil and water conservation district commissioners.
[§39.11, 49.41]
Holding More than One Office
Statewide elected officials, state senators, and state representatives cannot hold m ore than one
elective office at a time.
All other elected officials cannot hold more than one elective office at the same level of
government at a time. For example, a person could serve on the school board and county board
of supervisors, but a person could not serve on the county board of supervisors and serve as
county auditor.
Exception: This prohibition against holding more than one office does not apply to:
■ County agricultural extension council members, or
■ Soil and water conservation district commissioners.
[§39.11]
Dual Affiliation Nominations Prohibited
A person cannot run for an office as a candidate of more than one political party or NPPO.
If two or more political parties or NPPOs nominate the same person for the same office, the
nominee must designate with which party or NPPO the nominee wants to be listed on the ballot.
This designation must be filed with the appropriate filing officer.
If the nominee does not file this designation, the na me will appear on the ballot with the name of
the political party or NPPO that filed the earliest set of nomination papers.
[§49.38, 49.39, 49.40]
March 2017 Prepared by the Office of Iowa Secretary of State 34
NPPO Candidate Substitutions
Only NPPOs may make ballot substitutions. To make a substitution, a NPPO must file the
following information with the appropriate filing officer by the candidate filing deadline:
• The names and addresses of the organization's central committee members,
chairperson, and secretary (required on convention certificates), and
■ A description of the method the NPPO will follow to fill any vacancies resulting from the
death, withdrawal, or disqualification of any of its candidates.
This information can be filed with the convention certificate or as a separate document at the
time the candidate's nomination petitions are filed.
If this information is not filed, the NPPO may not make a substitution later.
[§44.3(g), 44.11, 44.17]
School District and City Employees as Candidates
There is nothing in the election statutes of the Iowa Code that would prohibit school district and
city employees from running as candidates and appearing on the ballot. However, there may be
other provisions in the Iowa Code that would prevent them from serving the school district or city
in both capacities. To determine whether other Code sections would prevent the person from
taking office if elected, seek private legal counsel.
Candidate Relationships
There is no Iowa Code provision prohibiting a husband and wife or parent and child serving as
elected officials for the same jurisdiction.
March 2017 Prepared by the Office of Iowa Secretary of State 35
Public Measures
Overview
"Public measure" means any question authorized or required by Iowa law to be submitted to the
voters at an election. Public measures may appear on ballots at most regularly scheduled
elections or at special elections.
Exception: Public measures cannot appear on the ballot at primary elections, city primary
elections, and city runoff elections.
[§39.2(1), 47.6(1)(a)(1)(b)]
The governing body calling for the measure to be placed on the ballot must submit a copy of the
motion, order, or other official action to the county auditor. Even if a petition requesting a special
election is received, the governing body must take action on the petition to formally call for the
special election. The governing body should consult with its legal counsel and the authorizing
Iowa Code section to determine what type of official action is required.
Notice of Election Required
Regularly Scheduled Elections
County Public Measures
The text of the public measure and the motion, order or other official action calling for the
measure to be placed on the ballot must be filed with the county auditor by 5 p.m. on the last day
of the candidate filing period.
[§47.6(a)(1)]
School and City Public Measures
The text of the public measure and the motion, order or other official action calling for the
measure to be placed on the ballot m ust be filed with the county auditor by 5 p.m. on the day
after the candidate filing deadline.
[§47.6(1)(a)(1)]
Special Elections
For most special elections for public measures, at least 46 days notice to the county auditor is
required. See the authorizing Iowa Code section and consult with legal counsel to determine how
much notice is required.
The text of the public measure, proposed date of the special election, and the motion, order or
other official action calling for the special election must be filed with the appropriate filing officer.
[§47.6(1)(a)(1)]
March 2017 Prepared by the Office of Iowa Secretary of State 36
Withdrawing Requests for Public Measure Special Elections
Public measures cannot be withdrawn from the ballot if the measure was called by a petition or
if a special election was called to decide a public measure for a single political subdivision. This
includes changing the requested date of the election once the request has been submitted to
the auditor.
The public measure may be withdrawn if the measure was placed on the ballot by the governing
board for a regularly scheduled election. Notice of the withdrawal must be by resolution of the
governing body and filed with the county auditor by the candidate withdrawal deadline.
[§47.6(1)(b)]
March 2017 Prepared by the Office of Iowa Secretary of State 37
Standards for Reviewing Special Election Petitions
Every time a petition requesting a special election is received:
1. Make sure the petition is legally allowed to be filed in the office.
Check the Iowa Code section on the petition form (if the petitioners have listed one).
Direct the petitioners to the correct filing officer (board of supervisors, county auditor, city
clerk, school secretary, etc.) if the petition was not filed in the appropriate office.
• Most county petitions must be filed with the board of supervisors.
Some county petitions must be filed with the auditor if the Iowa Code section
authorizing the special election specifically indicates that.
■ Most city petitions must be filed with the city clerk.
■ Most school district petitions must be filed with the school secretary.
2. Make sure the petition was filed by the deadline for doing so:
■ County petitions pursuant to §331.306:
If the petition is requesting a public measure to be placed on the general election
ballot, the petition must be filed with the board of supervisors at least 82 days
before the date of the election.
■ School district petitions pursuant to §278.2:
If the petition is requesting a public measure to be placed on the regular school
election ballot, the petition must be filed with the school secretary at least 75
days before the date of the election.
■ Petitions filed under the authority of other Code sections:
Check the authorizing Iowa Code section and consult with your legal counsel.
3. In all cases, petitions are accepted if they appear to be valid "on their face." This means
that filing officers must inspect the petitions to ensure they are legally sufficient and the
required information is included. While doing so, the information presented on the
petitions must be accepted on its face. This does not mean the petitions should not be
examined.
[§277.7, 331.306, 362.4]
4. Unless the Iowa Code section authorizing the petition contains different requirements, in
order to count signatures on a special election petition, the signers must have included:
■ Their signatures,
March 2017 Prepared by the Office of Iowa Secretary of State 38
■ Their statements of place of residence, and
■ Date of signing.
[§278.2, 331.306, 362.4]
5. Requirements for the number of signatures vary depending on the jurisdiction:
■ County petitions pursuant to §331.306:
Petitions must contain signatures of eligible electors of the county equal to at
least 10% of the votes cast in the county for president or governor at the last
general election.
[§331.306]
■ City petitions pursuant to §362.4:
Petitions must contain signatures of eligible electors of the city equal to at least
10% of the people who voted at the last regular city election, but not less than 10.
[§362.4]
■ School district petitions pursuant to §278.2:
Petitions must contain signatures of at least 100 eligible electors or a number
equal to 30% of the people who voted at the last regular school election,
whichever is greater.
[§278.2]
■ Petitions filed under the authority of other Code sections:
Check the authorizing Iowa Code section and consult with your legal counsel.
6. If the petition lacks the required number of signatures or is invalid in any other way,
reject the petition and return it to the filer(s).
[§277.7, 331.306, 362.4]
7. Written objections to petitions must be filed within 5 working days after the petition is
filed.
The filing officer for objections and the laws regarding filed objections vary depending on
the jurisdiction:
■ Objections to §331.306 county petitions must be filed with the auditor. The
process outlined in §44.7 is followed when acting on written objections.
[§331.306]
■ Objections to §362.4 city petitions must be filed with the city clerk. The process
outlined in §44.8 is followed when acting on written objections.
[§362.4]
March 2017 Prepared by the Office of Iowa Secretary of State 39
■ Objections to §278.2 school district petitions must be filed with the school
secretary. The process outlined in §277.5 is followed when acting on written
objections.
[§277.7j
March 2017 Prepared by the Office of Iowa Secretary of State 40
Filing Officers' Frequently Asked Questions
1. Who may file nomination papers?
Anyone may file completed nomination papers on behalf of another person. Candidates do
not need to appear in person to file their own papers.
2. May citizens sign more than one set of nomination papers or attend more than one
nomination convention?
Yes, assuming they are eligible electors for the office for which the candidate is being
nominated.
3. May candidates sign their own nomination papers or attend their own nomination
convention?
Yes, assuming they are eligible electors for the office for which the candidate is being
nominated.
4. How many candidates who are nominated by petition without affiliation to a political
party or NPPO are allowed for each race?
There is no limit on the number of candidates who may be nominated by petition without
affiliation to a political party or NPPO for any race.
5. May non-partisan candidates run for partisan offices?
Yes. Candidates who wish to seek partisan office on a non-partisan basis may circulate
nomination petitions. The candidate's name will appear on the ballot without any reference
to a party affiliation. These candidates must file papers during the general election filing
period or during the special election filing period.
6. The objection deadline has passed and I think a candidate who filed nomination
papers in my office is not qualified to hold the office. What do I do?
Nothing. Nomination papers must be accepted on their face. If no objection was filed, no
further investigation on the part of the filing officer is allowed by law.
7. After nomination papers have been accepted for filing, may they be returned to the
candidate?
No. Nomination papers that have been accepted for filing may not be returned to the
candidate or anyone else for any reason (even if the candidate withdraws). Nomination
March 2017 Prepared by the Office of Iowa Secretary of State 41
papers are "election materials" after they are accepted and filed and are subject to
document retention pursuant to §50.19.
Only nomination papers that have been rejected may be returned to the filer.
[§43.14(3), 43.16, 44.16]
8. May school secretaries deliver nomination petitions to the auditor before the day
after the candidate filing deadline?
No, papers cannot be delivered early. See Iowa Code sections §277.4. Nomination papers
must be made available for public inspection at the filing officer's office during the filing
period. Papers cannot be available as provided by law if they are delivered to the auditor
early.
9. If someone is planning to run a write-in campaign, what do they need to do?
Nothing. In Iowa, write-in candidates do not need to file nomination papers or declarations
of intent to be write-in candidates.
March 2017 Prepared by the Office of Iowa Secretary of State 42
Additional Resources
1. County Auditor's Office
Contact your local county auditor's office with questions. You can find contact information for
county auditors at the following website:
http://sos.iowa.gov/elections/auditors/auditorslist html
2. County, City, or School District Attorney
If you are unsure of the answer to a question, the best place to go for advice is your
attorney.
3. Secretary of State's Office
The SOS Office is open Monday through Friday from 8:00 a.m. to 4:30 p.m. For questions,
call (515) 281-0145 or the toll-free hotline 1-888-SOS-VOTE.
You may also contact the Election Division via email at sos(G-),sos.iowa.gov.
The SOS Office has a website which is set up to serve as a resource for the general public,
for candidates, for county auditors, and for city clerks and school secretaries.
The following items are available on the SOS website and will be of assistance to you:
■ Election Calendars
http://sos.iowa.gov/elections/auditors/auditorscalendars.html
The Election Division produces the following calendars:
o Calendars for each election
The calendars are a chronological list of things that must be done to prepare
for each election and a chronological list of things that must be done following
election day. These include dates for county auditors, city clerks, and school
secretaries.
o Three year calendar with dates and deadlines for regularly scheduled
elections
o Calendar of the possible special election dates f or public measures
March 2017 Prepared by the Office of Iowa Secretary of State 43
■ Election Forms Library
http://sos.iowa.gov/elections/auditors/forms/index.html
The Election Forms Library contains all the forms produced by the SOS Office. The
Library is organized by category of uses and alphabetically to help locate specific
forms easily.
• City and School-Specific Web Pages
Cities: http://sos.iowa.gov/elections/cities.html
Schools: http://sos.iowa.gov/elections/schools.html
These pages include information specific to cities and schools. They include the
guides, calendars, and forms referenced in this guide.
• Candidate Guides
http://sos.iowa.gov/elections/candidates/index.htm I
Candidate guides are compiled by the Election Division to assist candidates and the
public in meeting the requirements of Iowa's election laws. Filing officers are
encouraged to furnish candidate guides and nom ination papers to all potential
candidates.
• Additional Guides
The Election Division also creates guides for use by other people and groups. Some
of these other publications were mentioned in this guide:
o Special Elections Chapter
http://sos.iowa.gov/elections/pdf/auditors/eah/specials.pdf
o Vacancies Guide
http://sos.iowa.gov/elections/pdf/auditors/eah/vacancies.pdf
March 2017 Prepared by the Office of Iowa Secretary of State 44
Glossary
Below are some commonly used election terms that may be helpful to filing officers.
At-Large
At-large refers to offices that are elected by an entire county or district even though the office
may only represent one part of the county or district.
Audio Ballot
An audio ballot means the ability of a voting system to read the contents of a ballot to a voter
through the use of headphones.
Auditor, County
A county auditor is the county commissioner of elections and county registrar of voters under
Iowa law.
Canvass
The canvass is the process of compiling election results. All elections have at least two
canvasses. The first canvass is conducted at the precinct after the polls close on election night.
It must be completed before the precinct election officials leave. Ballots cast at the polls are
counted only at the polling place. Only precinct election officials count votes. Votes are not
counted by the county auditor or the auditor's staff.
The second canvass is conducted by the county board of supervisors. The board compiles
election results from all precincts and makes the official report of the outcome of the election
within the county.
A third canvass takes place at the state level after the primary election, general election, and
special elections to fill vacancies for Congress, state senate, and state representative seats. A
third canvass also takes place after school elections for community colleges.
Chief State Election Official
The secretary of state is designated as the chief state election official and the state
commissioner of elections.
Disqualified Elector
A disqualified elector is a person who is not qualified to register to vote or to vote. A disqualified
elector is either of the following:
• A person who has been convicted of a felony and not had rights restored,
• A person who has been judged by a court incompetent to vote.
Eligible Elector
An eligible elector is a person who meets all of the qualifications to register to vote and to vote.
March 2017 Prepared by the Office of Iowa Secretary of State 45
Initiative, Statewide Ballot (referendum)
A statewide ballot initiative is the process of legislating by direct vote of the people. It is voter-
initiated. Citizens petition to include legislative or constitutional changes on the ballot. Statewide
ballot initiatives are not currently permitted under Iowa law.
Merged Area
Community colleges are referred to as "merged areas" in the Iowa Code.
Nominated by Petition
Candidates nominated by petition without affiliation to a political party or NPPO for partisan
offices are often referred to nominated by petition candidates. These candidates' names will
appear on the ballot without any reference to a party affiliation.
Non-Partisan Candidate
A non-partisan candidate is a candidate who is not affiliated with a political party or non-party
political organization.
Non-Partisan Election
A non-partisan election is an election held without reference to the political party affiliation of
any candidate. City elections and school elections are always non-partisan in Iowa.
Non-Partisan Office
A non-partisan office is any office for which a partisan nomination is not permitted. The name of
a candidate for this type of office is listed without reference to a political party or non-party
political organization.
Non-Party Political Organization (NPPO)
A non-party political organization is a political organization that is not a political party as defined
by Iowa law.
Partisan Election
A partisan election is an election at which the political affiliation of candidates is listed next to
the candidates' names on the ballot.
Partisan Office
A partisan office is any office for which a partisan nomination is permitted. The name of a
candidate for this type of office is listed with reference to a political party or organization.
Political Party
Iowa law states that to be a political party in Iowa, an organization must have had a candidate
for president or governor who received at least two percent of the total votes cast at the last
general election. Then, the organization must apply for political party status in Iowa. Currently,
Iowa has two political parties: the Democratic Party and the Republican Party.
Precinct
The precinct is the smallest unit of election geography. All voters in a precinct who vote on
election day go to the same polling place to cast their ballots. Precincts are drawn every 10
March 2017 Prepared by the Office of Iowa Secretary of State 46
years after the federal census. No more than 3,500 people can live in a precinct when the lines
are drawn.
Public Measure
A public measure is any question authorized or required by law to be submitted to the voters at
an election.
Township
A township is a political subdivision of a county. The boundaries are set by the county board of
supervisors and may include incorporated territory.
Vacancy
A vacancy is the term used to describe an elective office in need of an officer. Generally, a
vacancy is caused when an elected official resigns, dies, or is removed from office.
Ward
A ward is a geographic unit of some city governments from which city council members are
elected. A ward may be composed of one or more precincts.
Write-In Vote
A write-in vote is a vote cast for a person whose name does not appear on the ballot.
March 2017 Prepared by the Office of Iowa Secretary of State 47