HomeMy WebLinkAboutA019 - Filing Officer's Guide Filing Officer's Guide
Revised March 2021
Prepared by the Office of the Iowa Secretary of State
(515) 281-0145
sosCcDsos.iowa.gov
http://sos.iowa.gov/
For more information, please contact the Secretary of State's Office or your 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
Candidate Qualifications.................................................................................................... 2
Primary Election Candidate Qualifications ............................................................................ 3
General Election Candidate Qualifications ............................................................................ 4
Non-Partisan Office Candidate Qualifications ....................................................................... 5
Candidate Filing 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
Accepted on Their Face ...................................................................................................11
NotingDeficiencies...........................................................................................................12
Reviewing the Affidavit of Candidacy................................................................................13
AffidavitElements....................................................................................................13
Rejecting Affidavits..................................................................................................15
Reviewing Nomination Petitions.......................................................................................16
Rejecting Petition Pages..........................................................................................19
DittoMarks...................................................................................................19
Rejecting Signature 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
Collecting Signatures...............................................................................................20
Reviewing NPPO Convention Certificates........................................................................21
Convention Attendance Requirements.....................................................................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
Candidate Withdrawals.....................................................................................................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
Notice of Election Required..............................................................................................36
Regularly Scheduled Elections................................................................................36
CountyPublic 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 ..................................................................................................................................44
Overview
Filing Officer Responsibilities
A filing officer assists with the administration of elections in multiple ways. 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 also must communicate with the county auditor to share
election information.
[§277.4(3), 376.1]
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) (c)
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 2021 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(i.e. public measures and elected offices where vacancies have
occurred). Special elections may be held in conjunction with the regular city—school election, the
general election, and on other dates as provided by law.
For special elections, the filing officer is the same individual as 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 usually must 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
■ A resident of Iowa
■ At least 18 years old or in the case of a primary election will turn 18 by the date of the
respective general or city election
[48A.5]
An eligible elector may not:
■ Be a convicted felon (unless voting rights have been restored by the president or
governor, including through Executive Order)
■ Currently be judged incompetent to vote by a court
■ Claim the right to vote in any other place
[§39.3(6)]
Candidate Qualifications
Candidates must be eligible electors. See the Candidate Qualifications charts on the next three
pages for specific residency requirements for each office.
[§39.26, 43.14(1)(c), 161A.5(2)(b), 277.27, 376.4(1)]
March 2021 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 3,500;must collect at least 100
At least 9 years 30 when signatures from
when sworn in. time of the sworn in. 6 years at least 19 counties.
[U.S.Constitution,Art.1,Sec.3] general election.
1,726;must collect at[east 47
U.S.Representative At least 7 years Iowa resident at the 25 when signatures from'/2 of the counties
when sworn in. time of the sworn in. 2 years of congressional district.
[U.S.Constitution,Art.1,Sec.2] general election. [§45.1(2)]
State Executive Office U.S.Citizenship Residence Age Term Signatures Needed
Governor& 3,500;must run as a team;
Lieutenant Governor 2 years at the Iowa resident for 2 30 at the time must collect at least 100
general election. years at the time of the of general 4 years signatures from at least 19
[Iowa Constitution,Art.IV,Sec.6] general election. election. counties.
45.1 1
Secretary of State,Auditor of Citizen at the time Iowa resident at the 18 at the time 2,500;must collect at least 77
Secretary of Agriculture,
State,Treasurer of State, time of the general
of the election. election. of election. 4 years signatures from a[east 18
Attorney General [§39.26] [§39 26] [§39.26] counties[§45.1(1)]
Iowa General Assembly U.S.Citizenship Residence Age Term Signatures Needed
State Senator Citizen at the time 1 year in Iowa,60 days 100 from state
of the election. in the district at the time w when 4 years senate district.
[Iowa Constitution,Art.III,Sec.5] [§39.26] of the general election. sworn in. [§43.20(1)(c)]
State Representative Citizen at the time 1 year in Iowa,60 days 21 when 50 from state representative
of the election. in the district at the time 2 years district.
[Iowa Constitution, 39.26 of the sworn in. [§43.20 1 c
Art.III,Sec.3-4] [§ ] general election. ( )( )]
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 general
Iowa resident at time of election,whichever is less.
Citizen at the time general election. 18 at the time
Registered voter of the Plan 3 Counties:At least 100 or
County Supervisor of the election. county/supervisorof election. 4 years 2%of the party vote in the
[§39.26] district when sworn in. [§39.26] supervisor district(including
[§39.26,331.201(2)] election day and absentee)at last
general election,whichever is
less.
[§43.20(1)(d)]
County Attorney Iowa resident at time of At least 250 or 1%of registered
Citizen at the time general election. 18 at the time voters in the county as of July 1
Must be admitted to the practice of the election. Registered voter in the of election. 4 years of previous year,
of law in the courts of Iowa when [§39.26] county when sworn in. [§39.26] whichever is less.
sworn in.[§331.751(2)] [§39.26,331.751(2)] [§45.1(5)]
Iowa resident at time of At least 250 or 1%of registered
County Auditor Citizen at the time general election. 18 at the time voters in the county as of July 1
County Treasurer of the election. Resident of the county of election. 4 years of previous year,
County Recorder [§39.26] when sworn in. [§39.26] whichever is less.
[§39.26-27] [§45.1(5)]
County Sheriff Iowa resident at time of At least 250 or 1%of registered
Citizen at the time election.Resident of 21 when voters in the county as of July 1
Must meet the requirements in of the election. the county sworn in. 4 years of previous year,
Iowa Code§331.651. [§39.26] when sworn in. [§331.651(2)] whichever is less.
[§39.26-27] [§45.1(5)]
March 2021 Prepared by the Office of Iowa Secretary of State 3
General Election Candidate Qualifications
Federal Office U.S.Citizenship Residence Age Term Signatures Needed
President&Vice President U.S.resident for 14 3,500;must run as a team;
Natural born citizen. years and at time of 35 when 4 must collect at least 100 signatures
[U.S.Constitution,Art.2,Sec.11 election. sworn in. years from at least 19 counties.
45.1 1
U.S.Senator 3,500;must collect at least 100
At least 9 years Iowa resident at the 30 when 6 signatures from
[U.S.Constitution,Art.1,Sec.3] when sworn in. time of the election. sworn in. years at least 19 counties.
45.1 1
U.S. Representative 1,726;must collect at least 47
At least 7 years Iowa resident at the 25 when 2 signatures from /1 of the counties of
[U.S.Constitution,Art.1,Sec.2] when sworn in. time of the election. sworn in. years congressional district.
45.1 2
State Executive Office U.S.Citizenship Residence Age Term Signatures Needed
Governor& Iowa resident for 2 30 at the time 3,500;must run as a team;
Lieutenant Governor 2 years at the time years at the time of the of the 4 must collect at[east 100 signatures
of the election. election. election. years from at least 19 counties.
[Iowa Constitution,Art.IV,Sec.61 [§45.1(1)]
Secretary of State,Auditor of Citizen at the time Iowa resident at the 18 at the
State,Treasurer of State, time of 4 2,500;must collect at least 77
election. years Secretary of Agriculture,
of the election. time of the election. signatures from a[east 18 counties
Attorney General [§39.26] [§39.26] [§39 26] [§45.1(1)]
Iowa General Assembly U.S.Citizenship Residence Age Term Signatures Needed
State Senator Citizen at the time 1 year in Iowa.60 days 25 when 4 100 from state senate district.
of the election. in the district at the sworn in. years [§45.1(3)]
[Iowa Constitution,Art.III,Sec.5] [§39.26] time of the election.
State Representative Citizen at the time 1 year in Iowa.60 days 21 when 2 50 from state
of the election. in the district at the representative district.
Art.III,Sec.3-4
[Iowa Constitution, [§39.26] time of the election. sworn in. years [§45.1(4)]
County Offices U.S.Citizenship Residence Age Term Signatures Needed
Plan 1 and 2 Counties:At[east 250
or 1%of registered voters in the
Iowa resident at the county as of July 1 of previous
Citizen at the time time of the election. 18 at the year,whichever is less.
County Supervisor of the election. Registered voter of the time of 4 0
[§39.26] county/supervisor election. years Plan 3 Counties:At[east 150 or 1/o
district when sworn in. [§39.26] of registered voters in the
[§39.26,331.201] supervisor district as of July 1 of
previous year,whichever is less.
[§45.1(5-6),IAC 721-21.601(2)]
County Attorney Iowa resident at the 18 at the At least 250 or 1%of registered
Citizen at the time time of the election. voters in the county as of July 1 of
Must be admitted to the practice of the election. Registered voter in the time of 4 previous year,
of law in the courts of Iowa [§39.26] county when sworn i election. years
n. whichever is less.
when sworn in.[§331.751(2)] [§39.26,331.751(2)] [§39.26] [§45.1(5)]
Iowa resident at the 18 at the At least 250 or 1%of registered
County Auditor Citizen at the time time of the election. voters in the county as of July 1 of
County Treasurer of the election. Resident of the county time of 4 previous year,
County Recorder [§39.26] when sworn in. election. years whichever is less.
[§39.26-27] [§39.26] [§45.1(5)]
County Sheriff Iowa resident at time of At[east 250 or 1%of registered
Citizen at the time election.Resident of 21 when voters in the county as of July 1 of
Must meet the requirements in of the election. the county sworn in. years previous year,
Iowa Code§331.651. [§39.26] when sworn in. [§331.651(2)] whichever is less.
[§39.26-27] [§45.1(5)]
March 2021 Prepared by the Office of Iowa Secretary of State 4
Non-Partisan Office Candidate Qualifications
Non-
Partisan U.S. Citizenship Residence Age Term Signatures Needed
Offices
Iowa resident at the time of 18 at the
Citizen at the time the election.Trustees must be time of No petition is required.
Township Trustee of the election. registered voters of the 4 years 2
[§39.26] township when sworn in. election. [§39.22( )(a)]
39.26,359.17(l)] [§39.26]
Citizen at the time Iowa resident at the time of 18 at the
the election.Resident of the time of No petition is required.
Township Clerk of the election. township when sworn in. election. 4 years [§39 22(2)(a)]
[§39.26] 1§39.26-27] [§39.26]
Iowa and district resident at
Soil&Water Citizen at the time the time of the election. 18 at the 25 from the
Conservation of the election. Cannot reside in the same time of 4 years conservation district.
township as any other board election. 161A.5 3 a
Board [§39.26] member. [§39.26] [§ ( )( )]
[§161 A.5(2)(b)]
4 years in counties
Iowa resident at the time of 18 at the with population
Citizen at the time the election.Resident of the under 400,000
County Hospital of the election. county time of
Trustee election. 50 from the county. [§347.25]
[§39.26] whe sworn in. 6 years in a county
[§39.26 n39.27,347.9] [§39.26] with population of
at least 400,000
Iowa resident at the time of 18 at the
County Citizen at the time the election.Registered voter time of 25 from the
Agricultural of the election. of the extension district when 4 years extension district.
Extension [§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]
18 at the Chapter 45 Cities:
time of For cities with a population of
Citizen at the time of Resident of the city at time of filing 3,500 or greater,at least 25
filing papers and at the filing papers.Resident of ward papers and eligible electors of
City Offices time of the election. (if any)at time of filing papers at 2 or 4 years city or ward.
[§39.26,376.4(1)(a)] and at time of election. time of [§45.1(8)(a)]
[§376.4(1)(b)] election.
[§39.26, For cities with a population
376.4(1)] 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
Citizen at the time Iowa resident and resident of 18 at the
City Hospital hospital service area at the time of See requirements for
Trustee of the election. time of the election. election. 4 Years regular city offices.
[§39.26] [§392.6(1)] [§39.26]
Citizen at the time Resident of school district and 18 at the Between 10 and 50,depending
School Board director district(if any)at time time of on the number of registered
Directors of the election. of election. election. 4 years voters in the district as of May 1.
[§277.27] [§277.27] [§277.27] [§277.4,IAC 721-21.500]
Community Citizen at the time Iowa resident at the time of 18 at the At least 50 signatures
the election.Resident of the time of
College of the election. 4 years from director district.
Board Trustees [§39.26] director district when sworn in. election. [§260C.15(2)]
[§39.27,260C.11(1)] [§39.26]
March 2021 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 5:00 p.m. on the last day of the
filing period.
Election Type Candidate Filing Period
School Election Filing Period Begins: 71 days before the date of the regular city—school election
[§260C.15(3),277.4(1)] Filing Period Ends: 47 days before the date of the regular city—school election
City Primary Filing Period Begins: 85 days before the date of the regular city—school election
Election
[§376.4(1)(a)] Filing Period Ends: 68 days before the date of the regular city—school election
Regular City & Filing Period Begins: 71 days before the date of the regular city—school election
City Runoff
Elections
Filing Period Ends: 47 days before the date of the regular city—school 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
[§43.11(1)] Filing Period Ends: 74 days before the date of the primary election
General 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
[§43.78(2),44.4(1)(a),45.4]
General Election Filing Period Begins: 92 days before the date of the primary election
County Offices
[§43.78(3),44.4(1)(a),45.4] Filing Period Ends: 74 days before the date of the primary election
*Refer to the election calendars for specific dates.
March 2021 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 nomination petitions 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 from the SOS website:
http://sos.iowa.gov/elections/candidateslindex.html.
Filing officers should provide copies of the papers and candidate 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 record.
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 and designated city clerks 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 2021 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:
Issue a receipt to all persons who file nomination papers. A sample "Receipt for Nomination
Papers" is available in the Election Forms Library, and the county auditor can provide the form
to school secretaries and designated city clerks.
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, and the county auditor can
provide the form to school secretaries and designated city clerks.
Keep nomination papers in a secure location (e.g. a locked filing cabinet, the office safe, etc.,)
during the filing period.
March 2021 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
■ Acceptance or rejection by the filing officer
If a petition or certificate is required, the affidavit of candidacy must be filed at the same time as
the nomination petitions or convention certificate. If only one part is filed, it must be rejected.
[§43.19, 43.88, 161A.5(3)(b), 260C.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 also must 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 if changes need to be made.
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 reviev�ed
and accepted.
March 2021 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 also
must 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 also must mail the original, notarized affidavit of candidacy to the filing
officer.
The affidavit must be postmarked before the filing deadline to be considered on time.
■ 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 certificates 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 2021 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, and the county auditor
can provide the form to school secretaries and designated city clerks.
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 use 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 2021 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 2021 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.
[§45.1(7), 45.3]
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.
■ 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 not elected or
another officer was appointed (not elected)to fill the remainder of the unexpired term.
o Highlight this field if left blank and was required.
Candidates should contact the filing officer if they are unsure whether they are running
to fill a vacancy.
March 2021 Prepared by the Office of Iowa Secretary of State 13
■ Type and Date of Election
o Highlight these fields if left blank.
■ Candidate's Affiliation
This is a required field for partisan offices. Candidates for the primary election,
candidates nominated by political party conventions, and candidates nominated by
NPPOs must provide their party or NPPO affiliation. The name of an 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 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
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 commissioned notary publics.
March 2021 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
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 still 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 affiliation (if filing for a partisan office)
■ Candidate's signature
■ Signature of notary public
[§43.14(4), 44.3(2), 45.3, 45.5(5)(d)]
March 2021 Prepared by the Office of Iowa Secretary of State 15
Reviewing Nomination Petitions
There are four types of nomination petition corms prescribed by the SOS:
1. Nomination Petition for Primary Election
2. Nomination Petition for Partisan Office
3. Nomination Petition for Non-Partisan Office
4. Nomination Petition for Community College Trustee
The nomination petitions are available in the "Candidates" section on the SOS website and in
the Election Forms Library, and the county auditor can provide the forms to school secretaries
and designated city clerks.
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.
Candidate Information
Before anyone signs the petition, the required information in the candidate header of every
petition page must be completed.
Best Practice:Advise candidates to complete the header on one petition page and make
copies of that page so all petition page candidate headings are identical.
The information listed below must appear on each petition candidate 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 an
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.
March 2021 Prepared by the Office of Iowa Secretary of State 16
[§43.123, 45.1(7)(b)]
■ Office Sought
o Highlight this field if left blank.
■ Office District or Ward (if any)
o Highlight this field if left blank.
The candidate must provide the district number or ward (if any). Signatures on petition
pages that do not provide the applicable district number (when required) cannot be
counted.
■ Type and Date of Election
o Highlight these fields if left blank.
■ miners' and Candidate'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 a 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 also must include a statement that the candidate will
be a resident of the legislative district at least 60 days before the
general election. Make a note on the petition page if this
statement is missing.
All Other Elections: Candidates do not need to provide.
March 2021 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 an 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. 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 also should appear on each petition header for all offices:
■ 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
removed from office before the end of the term and another officer was not elected or
another officer was appointed (not elected)to fill the remainder of the unexpired term.
o Highlight this field if left blank and 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. Each petition page should include signatures from only one county for these
offices.
o Highlight this field if left blank and was required.
[§45.5(2) & (4), 45.6]
March 2021 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:
■ Signature of Eligible Elector
o Highlight this field if left blank.
Signatures do not have to be legible and may include printed names.
■ Address of Eligible 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 for which city the abbreviation
stands.
[§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: Petition signers for community college director candidates also must 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 minimum number of required signatures, the nomination
papers must be rejected.
[§43.14(2), 43.15(2), 45.5(2), 45.6(2)]
March 2021 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.
[§277.4(2)(a)]
Cities with Wards
In cities where council members are voted on only by residents of the ward, petition 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)(b)]
Supervisor Plan 2 Counties
Petition signers may live anywhere in the county.
[§43.20(1)(d), 45.1(5)]
Supervisor Plan 3 Counties
Petition signers must live in the supervisor district.
[§43.15(3), 45.1(6)]
Collecting Signatures
Candidates may begin collecting signatures at any time. However, the signers still must 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 2021 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 NPPO 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
Office Minimum Attendance that must be represented by
at least one eligible elector
U.S. Senator,
President&Vice President, 500 eligible electors 25 counties
Governor & Lt. Governor,
and Statewide Offices
U.S. Representative 200 eligible electors '/z of counties in district
State Senator 50 eligible electors '/2 of precincts in district
State Representative 25 eligible electors '/2 of precincts in district
County Offices 20 eligible electors '/2 of precincts in county
Chapter 44 City Offices 20 eligible electors '/z of precincts in city
[§44.1]
March 2021 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 an 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 for 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 2021 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 also must 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(1)(h)]
The convention certificate also should 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 not elected or
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 2021 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. 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
■ An inconclusive primary election (no one received 35% of total votes cast)
■ A primary election winner's withdrawal, death, or failure to qualify (i.e. failure to file an
affidavit when nominated by write-in votes)
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
Attorney General Party's state convention
Auditor of State Exception: Instead of holding a
Secretary of Agriculture State Party Chairperson state convention, the party's
Secretary of State state central committee
Treasurer of State may fill vacancies.
Party precinct committee
State Senate, State House State Party Chairperson members whose precincts lie
within the district
County Attorney, Auditor,
Recorder, Sheriff, Treasurer, County Party Chairperson Party's county convention
Board of Supervisors (at-large)
Delegates to the party's county
County Board of Supervisors convention who represent
(by district) County Party Chairperson the precincts that
lie within the district
[§43.78(1)]
March 2021 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(1)]
The convention certificate also should include the following information:
■ Date of Convention
■ Type and Date of Election
March 2021 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
Y g
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 not elected or
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.
March 2021 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:
■ Candidates' names for president and vice president
■ Name of political party or NPPO
■ Names and addresses of six presidential electors
■ Each elector nominee and alternate elector nominee of a political party or group of
petitioners shall execute the following pledge,which shall accompany the submission of
the corresponding names to the state commissioner:
If selected for the position of elector, I agree to serve and to mark my
ballots for president and vice president for the nominees for those
offices of the party (or group of petitioners) that nominated me.
[§44.3(1)(e), 45.1(7)(a), 54.1, 54.51
March 2021 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 certificates also are rejected.
[§43.19, 43.88, 161 A.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, and
the county auditor can provide the form to school secretaries and designated city clerks.
3. Inform the candidate that 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 prefer to pick up the
nomination papers instead of having them returned by mail.
March 2021 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 By 5 p.m. 42 days before
School Board Members the city/school election School Secretary §277.5
School Election By 5 p.m. 42 days before Community College §260C.1 5(4)(b)
Community College Trustees the city/school election Board Secretary
By 5 p.m. 63 days before
the city/school election §44.4(3)
City Primary Election Control County Auditor
(35 days before the 376.4(7)
city primary election)
Regular City Election
including BY 5 p.m. 42 days before Control County Auditor §44.4(2)
Cities with Runoffs the city/school election 376.4(7)
Primary Election By 5 p.m. 74 days before
State & Federal Offices the primary election Secretary of State §43.24(1)(b)(1)
Primary Election By 5 p.m. 64 days before
County Offices the primary election County Auditor §43.24(1)(b)(2)
General Election By 5 p.m. 68 days before
State & Federal Offices the general election Secretary of State §44.4(2)(a)(1)
General Election By 5 p.m. 64 days before
County Offices the general election County Auditor §44.4(2)(a)(2)
Special Elections Call the County Auditor Call the County Auditor
All Offices or Secretary of State or Secretary of State
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(2)(a)l
March 2021 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, there are not enough signatures on the petition, etc.,).
■ Objections to signatures must 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 an objection has been made
■ State the nature of the objection
■ 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 2021 Prepared by the Office of Iowa Secretary of State 30
Objections to NPPO or Unaffiliated Candidates
1. Ob►ection 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, there are not enough signatures on the petition, etc.,).
■ Objections to signatures must 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.
[§44.4(2)(a), 45.41
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 an objection has been made
■ State the time and place of the objection hearing
3. The Hearinq
County Offices
The hearing must be held no laterthan 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 was filed.
March 2021 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.
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 2021 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. 42 days before School Secretary §44.9(3)
School Board Members the city—school election 277.4(4)
School Election Not specifically referenced in the Iowa Code.
Community College Trustees Consult with legal counsel if a withdrawal is submitted.
By 5 p.m. 63 days before
the city—school election §44.9(6)
City Primary Election Control County Auditor
(35 days before the 376.4(7)
city primary election)
Regular City Election By 5 p.m. 42 days before Control County Auditor §44.9(6)
including Cities with Runoffs the city—school election
Primary Election 76 days before
State & Federal Offices the primary election Secretary of State §43.16
Primary Election 67 days before
County Offices the primary election County Auditor §43.16
Candidates Nominated at Primary:
81 days before
General Election the general election §43.76(1)
State & Federal Offices Secretary of State 44.9(1)
NPPO and Nominated by
Petition Candidates:
68 days before
the general election
Candidates Nominated at Primary:
74 days before
the general election
General Election §43.76(2)
County Offices NPPO and Nominated by County Auditor 44.9(2)
Petition Candidates:
64 days before
the general election
Special Elections Call the County Auditor Call the County Auditor
All Offices or Secretary of State or Secretary of State
Important Note: There are no withdrawal provisions for candidates nominated at city primary
elections or at a regular city—school election when a city runoff election is required.
March 2021 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
■ Soil and water conservation district commissioners
■ Candidates seeking a city office and school office at the same election
[§39.11, 49.41]
Holding More than One Office
Statewide elected officials, state senators, and state representatives cannot hold more 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
■ 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 name 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]
A person who was nominated by a political party cannot run as an NPPO or unaffiliated
candidate for the same office in the same election year.
[§44.1]
March 2021 Prepared by the Office of Iowa Secretary of State 34
NPPO Candidate Substitutions
Only NPPOs may make ballot substitutions. To make a substitution, an 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 2021 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 signed 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 5:00 p.m. on the
last day of the candidate filing period.
[§47.6(1)(a)(1)(b)]
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 must be filed with the county auditor by 12:00 p.m. on the
day after the candidate filing deadline.
[§277.4(3), 376.4(4)]
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)(b)]
March 2021 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 2021 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 county 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 city—
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 that
the required information is included. 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(3), 362.4(2)]
March 2021 Prepared by the Office of Iowa Secretary of State 38
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
■ Their statements of place of residence
■ Date of signing
[§278.2(2), 331.306(1), 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(1)]
■ City petitions pursuant to§362A
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—school 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 city—school election,
whichever is greater.
[§278.2(1)]
■ 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(1), 362.4(2)]
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 county auditor.
The process outlined in §44.7 isfollowed when acting on written objections.
[§331.306(4)]
March 2021 Prepared by the Office of Iowa Secretary of State 39
■ 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.
■ 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.
[§277.7]
March 2021 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, if 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, if 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 appropriate 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
papers are "election materials" after they are accepted and filed and are subject to
document retention pursuant to §50.19.
March 2021 Prepared by the Office of Iowa Secretary of State 41
Only nomination papers that have been rejected may be returned to the filer.
[§43.14(3), 43.16, 44.16]
B. May school secretaries and designated city clerks deliver nomination petitions to the
county auditor before the day after the candidate filing deadline?
No, papers cannot be delivered early. See Iowa Code sections§277.4 (school secretaries)
and §376.4 (city clerks). 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 county 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 2021 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 their contact
information 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 the 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 or email sos(a)sos.iowa.gov.
The SOS Office website, https://sos.iowa.gov, is set up to serve as a resource for the
general public, candidates, county auditors, city clerks, and school secretaries.
The following items may be helpful to you and are available either on the website or through
your county auditor:
■ Election Calendars
https:Hsos.iowa.gov/elections/clerksecretary.html
o Possible Special Election Dates
Calendar of the possible special election dates for public measures
o Three-Year Election Calendar
Dates and deadlines for regularly scheduled elections within the current and
two succeeding calendar years
o Election-Specific Calendars
These calendars are a chronological list of things that must be done to
prepare for each election and that must be done following election day.
These include dates for county auditors, city clerks, and school secretaries.
■ Election Forms
■ Candidate Guides & Nomination Papers
http://sos.iowa.gov/elections/candidates/index.htm]
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 nomination papers to all potential
candidates.
March 2021 Prepared by the Office of Iowa Secretary of State 43
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.
Auditor, Control County
When a city, school district, or community college crosses county lines, the auditor whose
county has the largest taxable base is the control county auditor(or controlling auditor).
Canvass
The canvass is the process of compiling election results. All elections have at least two
canvasses. A 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.
Canvasses also are conducted by the county boards of supervisors. The board compiles
election results from all precincts and makes the official report of the outcome of the election
within the county. If a jurisdiction is located in more than one county, the board of the control
county compiles election results from all counties involved and makes the official report of the
outcome of the election for the jurisdiction.
A 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.
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.
March 2021 Prepared by the Office of Iowa Secretary of State 44
Eligible Elector
An eligible elector is a person who meets all of the qualifications to register to vote and to vote.
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 as 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 and school elections always are 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.
March 2021 Prepared by the Office of Iowa Secretary of State 45
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
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 2021 Prepared by the Office of Iowa Secretary of State 46
City Clerk Planning Worksheet—2021 City Elections
City: Clerk:
City Clerk Contact Information
Phone- Email:
Please complete this worksheet and return it to the county auditor no later than August 4.
1. List of Offices
Determine which offices will be on the ballot for this year's city election.
Length of Date Term Date of
Office Term Ends Name of Incumbent Appointment
(if applicable)
2. Type of Nomination Process
Mark the nomination method adopted by the city's ordinance. Attach a copy of the ordinance
with this worksheet (unless the city has primary election provisions).
❑ Primary election provisions
❑ Runoff election provisions
❑ Nomination by petition only(Chapter 45 cities)
❑ Nomination by petition or by convention (Chapter 44 and 45 cities)
❑ Nomination by convention only(Chapter 44 cities)
❑ Special charter city
All cities operate under primary election provisions unless the city has adopted another
nomination method. For more information, see the City Clerk's guide.
Revised 312021 Prepared by the Office of Iowa Secretary of State
City Clerk Planning Worksheet- 2021 City Elections
3. Population of City
Mark the appropriate population range for your city.
❑ 3,500 or greater ❑ 100—3,499 ❑ Less than 100
In Chapter 45 cities, the population determines the number of signatures candidates will
need to collect for nomination petitions.
4. Public Measures
Does the city council plan to include any public measures on the ballot at the regular city
election?
❑ Yes ❑ No ❑ Maybe
The full text of public measures must be filed with the county auditor by 12:00 noon on the
day after the candidate nomination period closes.
• Cities with primary election provisions: August 27, 2021
■ Cities without primary election provisions: September 17, 2021
5. Publication
Which newspaper(s) are in general circulation within your city?
In which newspaper(s) do you publish your official council minutes?
Revised 312021 Prepared by the Office of Iowa Secretary of State 2