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Home My WebLink AboutA003 - City Clerk's Guide City Clerk's Guide Revised May 2019 Prepared by the Office of the Iowa Secretary of State (515)281-0145 sos@sos.iowa.gov http://sos.iowa.gov/elections/cities.html 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 candidates and the public 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 Responsibilities and Planning Tips Controlling Auditor.............................................................. Error! Bookmark notdefined. Communicate with County Auditor .................................................................................... 1 PublicMeasures................................................................................................................ 2 Certify City's Nomination Process ..................................................................................... 2 Distributing Nomination Papers......................................................................................... 2 City Elections CityPrimary Election......................................................................................................... 3 Candidate Nomination Papers.................................................................................. 3 WhenHeld................................................................................................................ 3 Vote for No More Than............................................................................................. 3 RegularCity Election......................................................................................................... 4 WhenHeld................................................................................................................ 4 Candidate Nomination Papers.................................................................................. 4 Nomination by Petition (Chapter 45 4 Nomination by Convention (Chapter 44) .......................................................... 4 CityRunoff Election........................................................................................................... 5 Candidate Nomination Papers.................................................................................. 5 WhenHeld................................................................................................................ 5 Nomination Petition Signature and NPPO Convention Requirements Nomination Petition Overview............................................................................................ 6 Signature Requirements for Nomination Petitions............................................................. 7 Multimember Offices in Cities with Primary or Runoff Provisions............................... 7 Citieswith Wards...................................................................................................... 7 NPPO Convention Attendance Requirements for Chapter 44 Cities.................................. 8 Filing Period Overview........................................................................................................................... 9 Datesof Filing Period........................................................................................................ 9 PublicMeasures................................................................................................................ 9 Withdrawals and Objections.............................................................................................10 Post Election Day CityPrimary Election........................................................................................................11 WhoWins?..............................................................................................................11 Write-In Votes..........................................................................................................11 Regular City Election Without Runoff Provisions..............................................................12 WhoWins?..............................................................................................................12 Write-In Votes..........................................................................................................12 Write-In Candidate Wins and Accepts.............................................................12 Write-In Candidate Wins and Declines............................................................12 Regular City Election With Runoff Provisions...................................................................13 WhoWins?..............................................................................................................13 Majorities in "Vote for No More than One" Races............................................13 Majorities in At-Large Multi-Member Body Races............................................13 Write-In Votes..........................................................................................................14 Write-In Candidate Wins and Declines............................................................14 Runoff Election Necessary and Write-In Votes Were Cast for that Office........14 RunoffCity Election..........................................................................................................15 WhoWins?..............................................................................................................15 Write-In Votes..........................................................................................................15 County Canvass of Votes.................................................................................................16 CanvassMaterials............................................................................................................16 Required Percentage for Passage of Public Measures.....................................................17 TermStart Dates..............................................................................................................17 Filing of Oaths and Bonds................................................................................................17 ElectionCosts..................................................................................................................17 Vacancies Laws Related to City Council Vacancies ..........................................................................18 NotifyAuditor....................................................................................................................18 FillingVacancies..............................................................................................................18 Makingan Appointment....................................................................................................18 Extra or Special Publication Requirements..............................................................18 Appointment Deadline.............................................................................................19 Appointment Not Made Before Deadline..................................................................19 Lengthof Appointment.............................................................................................19 Petitioning for a Special Election..............................................................................19 Signature Requirements .................................................................................19 FilingDeadline................................................................................................20 Reviewing Validity of Petition..........................................................................20 Special Elections to Fill Vacancies...................................................................................21 Dates of Special Elections.......................................................................................21 Deadline for Holding Special Election......................................................................21 Noticeto Auditor......................................................................................................21 SignatureRequirements..........................................................................................21 Primaryand Runoff Cities...............................................................................21 FilingOfficer............................................................................................................22 Candidate Filing Deadlines......................................................................................22 Cities with Primary Election Provisions............................................................22 AllOther Cities................................................................................................22 Withdrawal and Objection Deadlines.......................................................................22 WithdrawalDeadline.......................................................................................22 ObjectionDeadline..........................................................................................22 PublicMeasures......................................................................................................23 City Primary and Runoff Elections...........................................................................23 Termof Office..........................................................................................................23 Filling Vacancy at Special City Public Measure Election...................................................24 Filling Vacancy at Next Regular City Election...................................................................24 Calendarof Events...........................................................................................................25 Cities with Primary Provisions..................................................................................25 All Other Nomination Methods(Not Held in Conjunction with General Election) ......25 All Other Nomination Methods(Held in Conjunction with General Election).......Error! 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SpecialElections ....................................................................................................................26 PublicMeasures...............................................................................................................26 Odd-Numbered Years..............................................................................................26 Even-Numbered Years............................................................................................26 Notice of Election to Auditor.............................................................................................26 Check for Vacancies ........................................................................................................26 Additional Resources.............................................................................................................27 I I Responsibilities and Planning Tips Controlling Auditor When a city crosses county lines, the auditor whose county has the largest taxable base is the "controlling auditor". The controlling auditor is responsible for receiving candidate nomination papers and public measures, developing summaries, and certifying names and the text of public measures and summaries to all auditors for that political subdivision. Each auditor is responsible for administering elections for cities, or portions thereof, for all voters within the auditor's county. In a situation where a city lies in multiple counties, each auditor will print ballots and service voters for the portion within the auditor's county. [§47.2(2), 260C.15] Communicate with County Auditor During April or May of odd-numbered years, the county auditor may provide you with a worksheet to review plans for the city election. Please complete and return the planning worksheet to the county auditor. Work with the county auditor to prepare a list of offices to be filled at the city election. Make the list available to the public. The list should include the following: ■ The correct title for each office ■ Whether the office is voted for by ward or at-large ■ The minimum number of signatures needed to gain ballot access ■ Indicate whether an office is on the ballot to fill a vacancy Important Note: For cities with primary election provisions, any offices not expiring in the year of the regular city election that were filled by appointment between the last regular city election and 73 days before the regular city election, must be included on the ballot for the regular city election as "To Fill Vacancy." For cities without primary election provisions, any offices not expiring in the year of the regular city election that were filled by appointment between the last regular city election and 52 days before the regular city election must be included on the ballot for the regular city election as "To Fill Vacancy." [§69.12(1)(a)(2), 372.13(2)(a)] See the City/School Election Calendar for specific dates available through your county auditor. May 2019 Prepared by the Office of Iowa Secretary of State 1 Public Measures Before the filing period begins(71 days before the regular city election), check with the city council to see whether they wish to include any public measures on the November ballot. Cities must submit to the auditor the text of any public measure(s) and the action(s) taken by the council to place the question(s) on the ballot by 12:00 noon the day after the candidate filing period ends. [§376.4(6)] Certify City's Nomination Process The city clerk must certify to the controlling auditor the type of nomination process adopted by the city no later than 90 days before the regular city election. Any nomination method other than primary election must be adopted by ordinance. After certification,the nomination process cannot be changed by the city council unless the change will take effect after the upcoming city election. [§376.6(2)] There are five possible election/nomination method combinations. 1. A city primary election (if necessary) followed by a regular city election. Candidates file petitions to have names placed on the primary election ballot. 2. A regular city election with candidates nominated by petition or by convention (Chapter 44 and 45 cities) 3. A regular city election with candidates nominated by petition (Chapter 45 cities) 4. A regular city election with candidates nominated by convention (Chapter 44 cities) 5. A regular city election followed by a city runoff(if necessary). Candidates file petitions to have names placed on the regular city election ballot. Distributing Nomination Papers Nomination papers and candidate guides are available on the Secretary of State's website at http://sos.iowa.gov/electionstelectioninfo/citVelections.html. Provide nomination papers and candidate guides to anyone who requests them. It is not necessary for the city clerk to fill out the headers of the petitions for candidates or record names of people who request papers. Candidates may start circulating nomination papers at any time, but petition signers still must be eligible electors of the city at the time the petitions are filed with the controlling auditor or designated city clerk. May 2019 Prepared by the Office of Iowa Secretary of State 2 City Elections City Primary Election All cities have a primary provision unless the council has passed an ordinance specifying another type of nomination. [§376.6] Candidate Nomination Papers Candidates must file nomination papers (an affidavit of candidacy and nomination petitions)with the countrolling auditor or the city clerk designated by the county auditor during the city primary election filing period.The filing period for a city that may need to hold city primary elections is shorter and earlier than it is for cities without city primary election provisions. Confirm with the county auditor if a city clerk designation has been made to determine the proper filing location. [§376.4(1)] When Held A city primary election must be held when the number of candidates who file nomination papers is more than twice the number of seats to be filled for a particular office. For example, if three candidates filed nomination papers for mayor, the city primary election must be held. [§376.6] If held, the city primary election is held on the Tuesday four weeks before the date of the regular city election. [§376.7(1)] Vote for No More Than... At city primary elections, the ballots should instruct the voters to choose up to the number of candidates who will ultimately be elected for that office at the regular city election. For example, if two at-large city council members will be elected and five candidates are seeking election, ballots should instruct voters to "Vote for no more than two" even though a total of four candidates will be nominated at the city primary election. [§376.7(1)] Candidates who receive the most votes at the city primary election are nominated to appear on the regular city election ballot, up to twice the number of seats to be filled. For example, if three candidates are running for one office of mayor at the city primary election, the two candidates who receive the most votes will appear on the regular city election ballot [§376.7(2)] May 2019 Prepared by the Office of Iowa Secretary of State 3 Regular City Election When Held All cities hold a regular city election regardless of the nomination method in place in the city. [§376.1] Cities that have authorized nomination by petition (Chapter 45), nomination by convention (Chapter 44), or both will hold only a regular city election, regardless of how many candidates file nomination papers for any office. The regular city election is the final election for cities with primary provisions and cities that have authorized nominations under Chapter 44, 45, or both. For cities with runoff provisions, the regular city election may or may not be the final election. Candidate Nomination Papers Nomination by Petition(Chapter 45) Candidates collect signatures on nomination petitions to get their names on the ballot at the regular city election. City candidates file with the controlling auditor or the city clerk designated by the county auditor. Confirm with the county auditor if a city clerk designation has been made to determine the proper filing location. [§45.1(8)] Nomination by Convention (Chapter 44) Candidates are nominated by conventions of non-party political organizations (NPPOs). Iowa law calls a political organization not meeting the requirements to become a political arty an 9 9 q p p NPPO. NPPOs do not need to file special paperwork to be officially recognized by the state. Candidates who are not members of any political organization may not be nominated by convention. [§44.1] Important Note: Candidates nominated by NPPO convention will not have the name of the NPPO follow their name on the ballot because the city election is a non-partisan election. May 2019 Prepared by the Office of Iowa Secretary of State 4 City Runoff Election Candidate Nomination Papers Candidates must file nomination papers (an affidavit of candidacy and nomination petitions) with the controlling auditor or the city clerk designated by the county auditor to have their names placed on the regular city election ballot. Confirm with the county auditor if a city clerk designation has been made to determine the proper filing location. [376.4(1)] When Held City runoff elections are held only in cities that have authorized a runoff provision by ordinance. A city runoff election is held if one of the following occurs: ■ No candidate received a majority of the votes cast for a particular office at the regular city election OR ■ A write-in candidate received a majority of the votes cast at the regular city election and then declined the office. If held,the city runoff election is held four weeks after the regular city election. Once nominated at the regular city election, candidates cannot withdraw before the city runoff election. If a city runoff election occurs, it is the final election. The county board of supervisors canvasses the votes from the regular city election to determine which names appear on the ballot at the runoff election (if any). The names of candidates who received the most votes at the regular city election will be placed on the city runoff election ballot, up to twice the number of seats to be filled. For example, if three at-large city council members will be elected, six candidates will be listed on the city runoff election ballot if no candidate received a majority of the votes cast. [§376.9(2), 376.8(2)] May 2019 Prepared by the Office of Iowa Secretary of State 5 Nomination Petition Signature and NPPO Convention Requirements Nomination Petition Overview Signatures must be valid at the time the petitions are filed. Petition signers must be eligible to register to vote in the city or ward (if applicable), but they are not required to be registered voters. An eligible electormust be: ■ A citizen of the United States, ■ A resident of Iowa, and ■ At least 18 years old. An eligible electormay 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, or ■ Claim the right to vote in any other place. [§39.3(6)] Advise candidates that the number of signatures required is the minimum number of signatures needed to get the candidate's name on the ballot. Candidates should collect and file more than the minimum number. The number of signatures required varies with the type of nomination process. Best Practice: Review the Filing Officer's Guide before the filing period begins. It provides information on the process the controlling auditor or the designated city clerk follows for receiving and reviewing nomination papers which may be helpful when assisting candidates The Filing Officer's Guide is available through your county auditor. May 2019 Prepared by the Office of Iowa Secretary of State 6 Signature Requirements for Nomination Petitions Non-Partisan Offices Signatures Needed 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: ■ For cities with a population or 3,500 or greater, at least 25 eligible City Offices electors of city or ward. ■ For cities with a population between 100 and 3,499, at least 10 eligible electors of city or ward. ■ For cities with a population less than 100, at least 5 eligible electors of city or ward. 45.1(8) Multi-member Offices in Cities with Primary or Runoff Provisions If more than one person was elected to an office at the previous regular city election,divide the total votes cast for the office by the number of seats to be filled, then multiply that number by 0.02. If the result is a fraction, round up. Total votes cast equals the votes cast for all candidates plus write-ins(do not include over and undervotes). [IAC 721-21.401] For example, Happytown has primary election provisions and had three at-large seats on the ballot at the last election. There were a total of 15,876 total votes cast. 1. Divide the total votes cast by the number of seats that were filled: 15,876 _3 = 5,292. 2. Multiply 5,292 by 0.02 = 105.84. 3. Roundup, so each candidate needs to collect at least 106 signatures. Cities with Wards Elected by Ward In cities where council members are voted for only by residents of the ward, petition signers must live within the ward. Elected At-Large In cities where council members must be resident of a ward but are voted for by the entire city, petition signers may live anywhere in the city. May 2019 Prepared by the Office of Iowa Secretary of State 7 NPPO Convention Attendance Requirements for Chapter 44 Cities Candidates nominated by convention need at least 10 attendees at the convention.At least half of the precincts in the city must be represented by at least one eligible elector. If the minimum attendance requirements are not met, the nominations made at the convention cannot be included on the ballot. [§44.1] May 2019 Prepared by the Office of Iowa Secretary of State 8 Filing Period Overview The controlling auditor is the filing officer for candidate nomination papers for the regular city and special city elections unless the city clerk has been designated to receive nomination papers by the controlling auditor. Best Practice: Review the Filing Officer's Guide before the filing period begins. It provides information on the process the controlling auditor or the designated city clerk follows for receiving and reviewing nomination papers which may be helpful when assisting candidates. The Filing Officer's Guide is available through your county auditor. Dates of FilingPeriod od The filing period varies by the type of nomination method a city has authorized. For cities with primary election provisions, the filing period begins on the 85th day before the regular city election and ends at 5 p.m. on the 68th day before the regular city election. For cities without primary election provisions, the filing period begins on the 71st day before the regular city election and ends at 5 p.m. on the 47th day before the regular city election. Important Note: Auditors' offices and designated city clerks' offices are required by law to be open until 5 p.m. on the last day for candidates to file and on the last day to file objections. [§44.4(1), 376.4(3)] For specific dates in a given year, see the City/School Calendar available from your county auditor. Public Measures By 12:00 noon on the day after the last day of the filing period, deliver to the controlling auditor a copy of the official city council action directing the controlling auditor to include public measures on the city election ballot(if any). The information given to the auditor must include the complete text of all public measures. If designated as a city clerk to receive nomination papers, by 12:00 on the day after the last day of the filing period, deliver to the controlling auditor all nomination papers filed in the city clerks' office for the city election ballot. [§376.4(6)] May 2019 Prepared by the Office of Iowa Secretary of State 9 Withdrawals and Objections Candidate withdrawals and objections must be submitted in writing to the county auditor orto the city clerk, whomever was the officer receiving nomination papers. For objections, the deadline is by 5 p.m. The withdrawal and objection deadlines vary by the type of election a city has authorized: ■ Cities with primary election provisions: 63rd day before the regular city election ■ All other cities, including cities with runoff provisions: 42"d day before the regular city election [§44.9(6), 44.4(2)(a)(3), 376.4(7)] May 2019 Prepared by the Office of Iowa Secretary of State 10 Post Election Day City Primary Election Who Wins? No one is elected at the city primary. Candidates who receive the most votes are nominated to appear on the regular city election ballot, up to twice the number of seats to be filled. For example, if three candidates are running for mayor at a city primary election, the two highest vote-getting candidates will be nominated to appear on the regular city election ballot. [§376.7(2)] Write-In Votes Any person who receives write-in votes at the city primary election and who wants to be eligible for the regular city election must file an affidavit of candidacy. The affidavit must be filed: ■ By 5 p.m. on the day following the canvass ■ With the controlling auditor The auditor must disregard the write-in votes for any write-in candidate who does not file an affidavit of candidacy. Notations must be made on the abstract showing which persons received write-in votes and filed affidavits of candidacy. The total number of votes cast for the office must be amended by subtracting the write-in votes of the candidate(s) who did not file the affidavit. [§376.11(3)] May 2019 Prepared by the Office of Iowa Secretary of State 11 Regular City Election without Runoff Provisions Who Wins? Candidates who receive the most votes, up to the number of seats to be filled, are declared elected. If there is a tie, the board of supervisors must draw lots. [§50.44, 376.11(1)] Write-In Votes Write-In Candidate Wins and Accepts No affidavit of candidacy is required. The person is declared elected as if their name had been printed on the ballot. [§376.11(1)] Write-In Candidate Wins and Declines If a write-in candidate wins a city election and does not want the job, the winning write-in candidate may submit a letter of resignation to the city clerk by 5 p.m. on the 101h day after the final canvass. If the write-in winner does not resign within 10 days after the final canvass, the office is vacant if the write-in winner fails to take the oath of office at the beginning of the next term. [§376.11(1)] If the write-in winner submits a letter of resignation within 10 days of the final canvass, the city clerk must notify the person who received the next highest number of votes that they may assume the office at the beginning of the next term. If there is a tie vote for the next highest number of votes, the board of supervisors draws lots to determine the person who received the next highest number of votes. [§50.44, 376.11(2)] If the next highest vote-getter accepts by taking the oath of office at the beginning of the next term, that person is considered the duly elected officer. Exception: A petition may be filed requesting a special election in the event the next highest vote-getter is notified. The petition must be signed by eligible electors of the city equal in number to 25% of the people who voted for the office in the election. The petition must be filed within 10 days of the city clerk notifying the next highest vote getter. [§376.11(2)] If the next highest vote getter declines, the person must do so in writing within 10 days of the notice from the city clerk. If this occurs: ■ The office is vacant at the end of the term. ■ The vacancy must be filled pursuant to §372.13(2). ■ If the council chooses to appoint, the appointment may be made before the end of the current term. [§376.11(2)] May 2019 Prepared by the Office of Iowa Secretary of State 12 Regular City Election with Runoff Provisions Who Wins? It depends. If a city has runoff provisions, all candidates must receive a majority of the votes cast to be declared elected at the regular city election. Majorities in "Vote for No More than One" Races In cities with runoff provisions, a simple majority is needed to be declared elected at the regular city election. A simple majority is at least one vote more than 50% of the total votes cast. If no candidate receives a majority in this type of race, a runoff must be held between the two highest vote getters. For example, a runoff for the office of mayor will have two candidates on the runoff ballot. [§376.8(2), 376.9(1)] If there is a tie, the board of supervisors must draw lots. [§50.44] Majorities in At-Large Multi-Member Body Races A majority is found by dividing the total number of votes cast for all candidates for that body by the number of positions to be filled then dividing that by 2 and adding 1. Total votes cast equals the votes cast for all candidates plus write-ins(do not include over and under votes). If no candidate receives a majority in this type of race, or if not enough candidates received a majority to fill all the seats, a runoff will be held to fill the remaining seat(s). The number of candidates on the runoff ballot will equal twice the number of seats to be filled. [§376.8, 376.9(1)] Example: Happytown has a five member at-large city council and a runoff provision. At the regular city election, three at-large seats are on the ballot. There were eight candidates on the ballot and 15,876 total votes cast(TVC). To determine the majority: 1. Divide the TVC by the number of seats to be filled: 15,876 =3 = 5,292 2. Divide 5,292 by 2 = 2,646 3. Add one to 2,646= 2,647(always round up if necessary) The majority is 2,647. The highest vote-getter, Tom, received 8,215 votes so Tom won this council seat with a majority of the votes. A runoff is not necessary for this seat. May 2019 Prepared by the Office of Iowa Secretary of State 13 The second highest vote-getter, Nancy, received 2,488 votes. The third highest vote-getter, Mark, received 1,774 votes. Neither of these candidates received a majority(2,647) so two of the three council seats require a runoff between the highest vote-getters. The number of candidates on the runoff ballot will equal twice the number of seats to be filled. There are two seats left to be filled in Happytown, so the four highest vote-getters who did not receive a majority will appear on the runoff ballot. [§376.8] Write-In Votes Write-In Candidate Wins and Declines 1. The winner must file a notice of resignation with the county auditor by 5 p.m. on the day following the final canvass. 2. All remaining persons who received write-in votes and want to be on the city runoff ballot must file affidavits of candidacy with the auditor by 5 p.m. on the fourth day following the final canvass. The county auditor should notify the write-in candidates of this requirement. 3. The abstract of votes must be amended to show that the person who has been declared elected declined the office and a notation shall be made next to the names of those persons who did not file an affidavit. 4. A runoff election must be held even if one of the remaining candidates has a majority of the votes after the appropriate write-in votes are disregarded. [§376.11(4)] Runoff Election Necessary and Write-In Votes Were Cast for that Office 1. Everyone who received write-in votes and wants to appear on the runoff election ballot must file an affidavit of candidacy by 5 p.m. on the day after the final canvass with the controlling auditor. The write-in votes received by a person who does not file an affidavit will be disregarded.The county auditor should notify the write-in candidates of this requirement. 2. The abstract of votes must be amended to note which write-in candidates did not file an affidavit. 3. A runoff election must be held even if one of the remaining candidates has a majority of the votes after the write-in votes are disregarded. [§376.11(5)] If no candidate names were listed on the ballot and no write-in candidate files an affidavit, the office will still appear on the city runoff ballot with no candidate name listed. May 2019 Prepared by the Office of Iowa Secretary of State 14 Runoff City Election Who Wins? Candidates who receive the most votes, up to the number of seats to be filled, are declared elected. If there is a tie, the board of supervisors must draw lots. Write-In Votes If a write-in candidate receives the most votes at the runoff city election and wants the job, no affidavit of candidacy is needed. The person is declared elected as if their name had been printed on the ballot. May 2019 Prepared by the Office of Iowa Secretary of State 15 r� County Canvass of Votes Each county canvasses county results for the all cities and schools within their county. This canvass is known as the 1 st-tier canvass. Non-control county abstracts are then forwarded to the control county of each jurisdiction to be compiled and canvassed at a second canvass known as the 2nd-tier canvass. Timeline— 1st-Tier Canvass For the following election types, the 1st-tier county canvass is held on the first Monday or Tuesday after the election. ■ Regular city/school elections (merged areas) [§50.24(1), 275.22, 376.9(1)] Expedited Timeline for City Primary and Runoff Elections For the following election types, the 1st-tier canvass must be held on the Thursday after the election: ■ City primary elections no earlier than 1:00 p.m. ■ City runoff elections 2 a Timeline—2nd-Tier Canvass For the following election types, the 2nd-tier county canvass is held on the second Monday or Tuesday after the election: ■ Regular city/school elections (merged areas) [§50.24, 260C.15] Expedited Timeline for City Primary and Runoff Elections For the following election types, the 2nd-tier county canvass is held on the first Monday or Tuesday after the election: ■ City primary elections ■ City runoff elections [§50.24, 376.7] Canvass Materials The controlling auditor will provide the city clerk the abstracts of votes for the offices and measures which appeared on the ballot. The abstracts are signed by the county board of supervisors and certify the election results. Store these abstracts. May 2019 Prepared by the Office of Iowa Secretary of State 16 Required Percentage for Passage of Public Measures Most public measures require a simple majority to pass. Bond issues, however, require at least 60% to pass. [§50.45, 75.1] Term Start Dates The term for city elected officials begins no later than noon on the first day of the new term in January which is not a Sunday or legal holiday. City officers must take the oath of office during or before this date. The terms of officers elected to fill vacancies begin within 10 days of the final canvass. [§63.1, 63.8, 63.10, 376.2] Filing of Oaths and Bonds The official oath and bond must be filed with the city clerk. Bonds are not required for city council members. [§63.10, 63.11, 64.1 A, 64.23] Election Costs The board of supervisors will bill the city for the costs of the election. [§47.3] May 2019 Prepared by the Office of Iowa Secretary of State 17 Vacancies Laws Related to City Council Vacancies Iowa Code section 372.13 applies to vacancies in city offices. Notify Auditor Notify the countrolling auditor when a vacancy occurs. Inform the auditor of the name of the person appointed to the vacancy if an appointment is made. Filling Vacancies The city council must decide whether to fill a vacancy in an elective city office by appointment or by calling for a special election. [§372.13(2)] Making an Appointment Extra or Special Publication Requirements There are extra or special publication requirements if the council decides to appoint a replacement. The council must publish notice of its intention to appoint at least four but no more than 20 days before the appointment is scheduled to occur. The publication also must notify city residents of the right to request a special election by filing a petition. The publication must occur once and must be published in a newspaper of general circulation in the city, unless the city has a population of fewer than 200 and has an ordinance designating three public places for posting of such notices. [§372.13(2)(a), 362.31 There are no extra or special publication requirements if the council decides to call for a special election. [§372.13(2)(b)] May 2019 Prepared by the Office of Iowa Secretary of State 18 Appointment Deadline The appointment must be made within 60 days after the vacancy occurs. [§372.13(2)(a)] Appointment Not Made Before Deadline If the city council fails to appoint a replacement within 60 days, the city clerk must give notice of the vacancy to the controlling auditor. The county auditor must call for a special election at the earliest practicable date but no sooner than 32 days after the notice from the city clerk was received. If the city has a primary election provision, the county auditor must call for a special election at the earliest practicable date but no sooner than 60 days after notice from the city clerk was received. [§372.13(2)(a)(1)] Length of Appointment A vacant seat filled by appointment must be filled at an intervening special city election for a public measure. Important Note: The general election is not an intervening special election for cities. [§372.13(2)(a)(1)] Petitioning for a Special Election Signature Requirements The number of eligible elector signatures required on a petition requesting a special election varies depending on the population of the city. Population of City Signatures* 10,000 or less 15%* or 200, whichever is less 10,001 —50,000 15%* or 1000, whichever is less 50,001 or more 10%* or 2000, whichever is less *Signatures of eligible electors of the city equal to the required percentage of the votes cast for all candidates for that office at the last regular election in which the office was on the ballot [§372.13(2)] If there was more than one position filled for the office in which the vacancy exists on the ballot at the last election, the number of voters who voted for candidates for the office is calculated by dividing the total number of votes cast for the office by the number of seats that were filled. May 2019 Prepared by the Office of Iowa Secretary of State 19 Example: At the 2019 regular city election, in a city with a population of 12,002 there were 3 at-large city council seats on the ballot There were 394 votes cast for Candidate A, 483 votes cast for Candidate B, 942 votes cast for Candidate C, and 34 write-in votes. Total Votes Cast(TVC) = 394 +483 + 942 + 34 = 1853 Divide total votes cast by the number of seats to be filled: 1853: 3 = 617.33 Multiply 617.33 by 0.15 = 92.6 Round up, so each candidate 92.6 up to 93. 93 is fewer than 1,000 and greater than 10, so 93 signatures would be required to force the city council to hold a special election in this example. Filing Deadline The petition must be filed with the city clerk within 14 days after publication of the notice of intent to appoint or within 14 days after the appointment is made, whichever is later. [§372.13(2)(a)] Reviewing Validity of Petition §372.13 does not contain any standards the city clerk is supposed to follow to assess the validity of the petition; however, §362.4 indicates the petition must be accepted on its face. For more information about accepting a petition on its face, see the Filing Officer's Guide. If a petition is accepted by the city clerk, it is valid unless an objection is filed with the city clerk within five working days after it is received. If an objection is received, the process in §44.4 must be followed. [§362.4, 372.13(2)(a)] May 2019 Prepared by the Office of Iowa Secretary of State 20 Special Elections to Fill Vacancies Dates of Special Elections If a special election must be held to fill a vacancy in a city office, the election may not be held on the following dates: ■ A Tuesday during a blackout period before or after a primary or general election Deadline for Holding Special Election The special election must be held at the earliest practicable date but no later than 90 days after the vacancy occurs. Notice to Auditor If the city has a primary election provision, notice to the controlling auditor must be given at least 60 days before the special election date. For all other cities, notice to the auditor must be given at least 32 days before the special election date. [§372.13(2)(b)] Signature Requirements Primary and Runoff Cities: In primary and runoff cities, candidates must file petitions containing signatures of eligible electors equal in number to at least two percent of those who voted to fill the same office at the last regular city election but no less than 10. [§376.4] Chapter 45 Cities: Population greater than 3,500: No fewer than 25 eligible electors who are residents of the city or ward Population 100 to 3,600: No fewer than 10 eligible electors who are residents of the city or ward Population less than 100: No fewer than five eligible electors who are residents of the city or ward [§45.1(8)] May 2019 Prepared by the Office of Iowa Secretary of State 21 Filing Officer The controlling auditor is the filing officer for candidate nomination papers for special elections to fill vacancies on city councils. [§376.4] Candidate Filing Deadlines If the special election is held at the same time as a regularly scheduled election, the filing deadlines are the same as the deadlines for the regularly scheduled election. If the special election is not held at the same time as a regularly scheduled election, the filing deadlines are: Cities with Primary Election Provisions First Day: As soon as notice is given to the auditor Last Day: No later than 5 p.m. on the 53rd day before the special election All Other Cities First Day: As soon as notice is given to the auditor Last Day: No later than 5 p.m. on the 251h day before the special election Nomination papers are filed with the controlling auditor. [§372.13(2)(b), IAC 721-21.403, 21.404] Withdrawal and Objection Deadlines Withdrawal Deadline Primary Cities: No later than 5 p.m. on the 501h day before the election All Other Cities: No later than 5 p.m. on the 22"d day before the election [IAC 721-21.403(2), 721-21.404(3)] Objection Deadline Primary Cities: No later than noon on the 50th day before the election All Other Cities: No later than noon on the 22"d day before the election [IAC 721-21.403(2), 721-21.404(3)] May 2019 Prepared by the Office of Iowa Secretary of State 22 Public Measures Public measures may not be placed on the special election ballot to fill a vacancy unless it is an authorized public measure special election date. [§39.2] If the city has a primary election provision, the deadline for the city to provide the full text of the public measure to the auditor's office is 5 p.m. on the 531d day before the special election. [§47.6(1)(a)(1)(b)] For all other cities, the deadline for the city to provide the full text of the public measure to the auditor's office is 5 p.m. on the 32"d day before the special election. City Primary and Runoff Elections The city also needs to hold a primary or runoff election if the city has primary election provisions or runoff election provisions adopted as the city's method of nomination. If necessary, a special city primary election must be held four weeks before the date of the special city election. If necessary, a special city runoff must be held four weeks after the date of the special city election. If the city has nominations under chapter 44 or chapter 45, a special city primary is never required. If the city has nominations under chapter 44 or chapter 45, a special city runoff election is never required. Term of Office If the city must hold a special election, the person elected to fill the vacancy serves the remainder of the unexpired term. May 2019 Prepared by the Office of Iowa Secretary of State 23 Filling Vacancy at Special City Public Measure Election A vacant seat filled by appointment must be filled at an intervening special city election for a public measure. Filling Vacancy at Next Regular City Election The vacancy must be filled at the next regular city election unless: ■ The term of the office in which the vacancy occurred is set to expire in January immediately following the regular city election OR ■ There has already been a special election to fill the vacancy. If the term of the office in which the vacancy occurred is set to expire in January after the regular city election, then the office will appear on the ballot at the regular city election for the full term, not as "To Fill Vacancy". May 2019 Prepared by the Office of Iowa Secretary of State 24 Calendar of Events—Special Elections To Fill Vacancies Cities with Primary Provisions Days Before Election Event 60 days— Friday Written notice to auditor due 53 days, 5 p.m. — Friday Candidate filing deadline 50 days, noon— Monday Objection deadline 50 days, 5 p.m. — Monday Withdrawal deadline 28 days—Tuesday Primary election if needed [IAC 721-21.403(2)] All Other Nomination Methods(Not Held in Conjunction with General Election) Days Before Election Event 32 days— Friday Written notice to auditor due 25 days, 5 p.m. —Friday Candidate filing deadline 22 days, noon— Monday Objection deadline 22 days, 5 p.m. — Monday Withdrawal deadline 28 days after—Tuesday Runoff election if needed [IAC 721-21.404(3)] May 2019 Prepared by the Office of Iowa Secretary of State 25 Special Elections Public Measures Cities can only hold special elections for public measures on the following dates: Odd-Numbered Years ■ First Tuesday in March ■ Second Tuesday in September ■ First Tuesday after the first Monday in November(regular city/school election day) Even-Numbered Years ■ First Tuesday in March ■ Second Tuesday in September Notice of Election to Auditor Unless the law authorizing the special election requires that more advance notice must be provided, the controlling auditor must be notified at least than 46 days before the desired date of a special election for a public measure. Deliver to the auditor the following: ■ Action by the council setting the election date ■ Full text of the public measure to be submitted to the voters. Check for Vacancies If the city has a special election for a public measure, any seats previously filled by appointment must be filled by the voters at the special election (unless the officeholders already have been elected at a previous special election after their appointments). May 2019 Prepared by the Office of Iowa Secretary of State 26 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. City Attorney Your county auditor may refer you to your city attorney. If you or the county auditor are unsure of the answer to a question,the best place to go for advice is the city 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 Elections Division via email at sos(c-sos.iowa.gov. The SOS Office has a website which is set up to serve as a resource for the general public, for candidates, county auditors, city clerks, and school secretaries. The following items are available through your county auditor and will be of assistance to you: ■ City Election Calendar The Elections Division produces auditor's 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. ■ Election Forms ■ Candidate Guides http://sos.iowa.gov/electionstelectioninfo/cityelections.html Candidate guides are compiled by the Elections Division to assist candidates and the public in meeting the requirements of Iowa's election laws. City clerks are encouraged to furnish a candidate guide and nomination papers to all potential candidates. May 2019 Prepared by the Office of Iowa Secretary of State 27 ■ Additional Guides The Elections Division also creates guides for use by other people and groups. Some of these other publications were mentioned in this guide: 1. Filing Officer's Guide 2. Vacancies Guide May 2019 Prepared by the Office of Iowa Secretary of State 28