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Home My WebLink AboutA004 - Email correspondence regarding date of special election during May, 2019 Fw: Special Election Dates Mark Lambert to: Steve Schainker, Diane R Voss, Brian Phillips, 05/09/2019 01:29 PM Duane R Pitcher Bob Josten just sent me this email from the legal counsel for the Iowa Secretary of State regarding election dates. Full email below, but here's the important parts: Counties and Cities on the other hand, are able to have special elections on August 6 if they file their paperwork prior to July 1.The notification deadlines for specials are all before July 1, with the exception of vacancies. Accordingly, the following special election dates remain for 2019: June 25 (schools only), August 6 (counties and cities who file before July 1), September 10 (counties, cities and schools) and November 5 (counties, cities and schools) So, it looks like, at this point, we can choose to go with August 6 or September 10 and act accordingly. Mark Pmes Mark O. Lambert City Attorney 515.239.5146 main 1515.239.5142 fax mlambert@city.ames.ia.us I City Hall, 515 Clark Avenue I Ames, IA 50010 www.CitVofAmes.org I —Caring People —Quality Programs— Exceptional Service -----Forwarded by Mark Lambert/COA on 05/09/2019 01:26 PM----- From: <Josten.Robert@dorsey.com> To: <mlambert@city.ames.ia.us> Date: 05/09/2019 11:17 AM Subject: FW: Special Election Dates Mark, I just received this email message from Mollie Widen! Robert E.Josten Partner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DORSEY & WHITNEY LLP 801 Grand Suite 4100 Des Moines, IA 50309-8002 P: 515.283.1000 F: 515.283.1060 C: 515.556.8186 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONFIDENTIAL COMMUNICATION E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error,please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you. From: Widen, Molly [SOS] <Molly.Ham mer@sos.iowa.gov> Sent:Thursday, May 9, 2019 11:12 AM To:Josten, Robert<Josten.Robe rt@dorsey.com> Subject: Special Election Dates Good Morning Mr.Josten, Tuesday, I was able to speak with the Iowa Code Editor and learn more about how LSA determines if two amendments are "irreconcilable." Based on LSA's internal precedent, I was told that HF566 and HF692, §5 are irreconcilable and therefore the language from HF692 is what will survive and go into effect on July 1, 2019. This determination has a limited impact on cities, because HF566, §13 was repealed in HF692, §32, but does have an impact on schools. Because HF566 1 never went into effect, there was never an August special election date available to , § oe ect, g p schools. Therefore, schools are not able to have special elections on August 6 of this year. Counties and Cities on the other hand, are able to have special elections on August 6 if they file their paperwork prior to July 1.The notification deadlines for specials are all before July 1, with the exception of vacancies. Accordingly, the following special election dates remain for 2019:June 25 (schools only), August 6 counties and cities who file before Jul 1), September 10 counties cities and schools and November 5 (counties, cities and schools) After 2019, these will be the public measure dates available to counties, cities and schools: st nd Even: 1 Tues. in March and 2 Tues. in September nd Odd: 1 Tues. in March, 2 Tues. in September, and 1 Tues. after the 1 Mon. in November (city/school election Feel free to reach out if you need any additional information. Sincerely, Molly M. Widen OF Legal Counsel Office of Iowa Secretary of State Paul D. Pate Office: (515) 281-5864 Mobile: (515) 210-4634 ` Email: molly.widen@sos.iowa.gov SERVICE • PARTICIPATION • INTEGRITY sos.iowa.gov � I \2 . Wage Q$ng Fw: Special Election Dates Mark Lambert to: Steve Schainker, Diane R Voss, Brian Phillips, 05/09/2019 01:29 PM Duane R Pitcher Bob Josten just sent me this email from the legal counsel for the Iowa Secretary of State regarding election dates. Full email below, but here's the important parts: Counties and Cities on the other hand, are able to have special elections on August 6 if they file their paperwork prior to July 1.The notification deadlines for specials are all before July 1, with the exception of vacancies. Accordingly, the following special election dates remain for 2019: June 25 (schools only), August 6 (counties and cities who file before July 1), September 10 (counties, cities and schools) and November 5 (counties, cities and schools) So, it looks like, at this point, we can choose to go with August 6 or September 10 and act accordingly. Mark Pmes Mark O. Lambert City Attorney 515.239.5146 main I 515.239.5142 fax mlambert@city.ames.ia.us I City Hall, 515 Clark Avenue Ames, IA 50010 www.CitVofAmes.org I -Caring People-Quality Programs'"Exceptional Service ----- Forwarded by Mark Lambert/COA on 05/09/2019 01:26 PM ----- From: <Josten.Robert@dorsey.com> To: <mlambert@city.ames.ia.us> Date: 05/09/2019 11:17 AM Subject: FW: Special Election Dates Mark, I just received this email message from Mollie Widen! Robert E. Josten Partner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DORSEY & WHITNEY LLP 801 Grand Suite 4100 Des Moines, IA 50309-8002 P: 515.283.1000 F: 515.283.1060 C: 515.556.8186 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONFIDENTIAL COMMUNICATION E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error,please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you. From: Widen Molly [SOS] <Moll .H mmer sos.iowa. ov> Sent:Thursday, May 9, 2019 11:12 AM To:Josten, Robert<Josten.Robert@dorsey.com> Subject: Special Election Dates Good Morning Mr. Josten, Tuesday, I was able to speak with the Iowa Code Editor and learn more about how LSA determines if two amendments are "irreconcilable." Based on LSA's internal precedent, I was told that HF566 and HF692, §5 are irreconcilable and therefore the language from HF692 is what will survive and go into effect on July 1, 2019. This determination has a limited impact on cities, because HF566, §13 was repealed in HF692, §32, but does have an impact on schools. Because HF566, §1 never went into effect, there was never an August special election date available to schools. Therefore, schools are not able to have special elections on August 6 of this year. Counties and Cities on the other hand, are able to have special elections on August 6 if they file their paperwork prior to July 1. The notification deadlines for specials are all before July 1, with the exception of vacancies. Accordingly, the following special election dates remain for 2019:June 25 (schools only), August 6 (counties and cities who file before July 1), September 10 (counties, cities and schools) and November 5 (counties, cities and schools) After 2019, these will be the public measure dates available to counties, cities and schools: 't nd Even: 1 Tues. in March and 2 Tues. in September Odd: 1=t Tues. in March, 2nd Tues. in September, and 1't Tues. after the 1s' Mon. in November(city/school election) Feel free to reach out if you need any additional information. Sincerely, Molly M. Widen OF toy Legal Counsel Office of Iowa Secretary of State Paul D. Pate9 Uj Office: (515) 281-5864 Mobile: (515) 210-4634RY Email: molly.widen@sos.iowa.gov SERVICE • PARTICIPATION • INTEGRITY sos.iowa.goy I'� image001.png HLC vote date Mark Lambert to: Steve Schainker, Keith A Abraham, Duane R 05/10/2019 03:28 PM Pitcher, Diane R Voss So, I talked just now with Molly Widen, the attorney for the Iowa Secretary of State's office. She confirmed that we are in a position where we can choose whether to schedule the HLC bond referendum special election on August 6, or September 10. Assuming the Governor signs the bill (which we all know she will), the new law setting the September 10 election date goes into effect on July 1. For cities that have already certified election dates for August 6, they will be allowed to go ahead and hold the election on Aug. 6. For cities that certify elections between now and July 1, they will be able to schedule them either on August 6 or Sept. 10. For cities that certify an election after July 1, they will only be able to schedule them on Sept. 10. I discussed with her my concern --that maybe our Council shouldn't certify the election until the Governor has actually signed the bill, and she said she understood that and thought that was probably a good, cautious approach. The Governor has 30 days after the end of the session to sign or veto legislation. The session ended on April 27, so the deadline for gubernatorial action is May 27. She might sign it before then. Mark Pmes Mark O. Lambert City Attorney 515.239.5146 main 1515.239.5142 fax mlambert@city.ames.ia.us I City Hall, 515 Clark Avenue I Ames, IA 50010 www.CitVofAmes.org I -Caring People-Quality Programs'" Exceptional Service "