HomeMy WebLinkAboutA016 - City Clerk's Guide
City Clerk’s Guide
Revised May 2023
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 .......................................................................................... 1
Controlling Auditor ......................................................................................................... 1
Communicate with County Auditor .................................................................................. 1
Public Measures ............................................................................................................ 2
Certify City’s Nomination Process ................................................................................... 2
Distributing Nomination Papers ...................................................................................... 2
City Elections ......................................................................................................................... 3
City Primary Election ..................................................................................................... 3
Candidate Nomination Papers ............................................................................... 3
When Held ............................................................................................................ 3
Vote for No More Than… ....................................................................................... 3
Regular City Election ..................................................................................................... 4
When Held ............................................................................................................ 4
Candidate Nomination Papers ............................................................................... 4
Nomination by Petition (Chapter 45) .............................................................. 4
Nomination by Convention (Chapter 44)......................................................... 4
City Runoff Election ....................................................................................................... 5
Candidate Nomination Papers ............................................................................... 5
[376.4(1)] .............................................................................................................. 5
When Held ............................................................................................................ 5
Nomination Petition Signature and NPPO Convention Requirements ....................................... 6
Nomination Petition Overview ........................................................................................ 6
Signature Requirements for Nomination Petitions ........................................................... 7
Multi-member Offices in Cities with Primary or Runoff Provisions ............................ 7
Cities with Wards .................................................................................................. 8
NPPO Convention Attendance Requirements for Chapter 44 Cities ................................. 8
Filing Period .......................................................................................................................... 9
Overview ....................................................................................................................... 9
Dates of Filing Period..................................................................................................... 9
Public Measures ............................................................................................................ 9
Withdrawals and Objections ......................................................................................... 10
Post Election Day................................................................................................................. 11
City Primary Election ................................................................................................... 11
Who Wins? ......................................................................................................... 11
Write-In Votes ..................................................................................................... 11
Regular City Election without Runoff Provisions ............................................................ 12
Who Wins? ......................................................................................................... 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
Who Wins? ......................................................................................................... 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
Runoff City Election ..................................................................................................... 15
Who Wins? ......................................................................................................... 15
Write-In Votes ..................................................................................................... 15
County Canvass of Votes ............................................................................................. 16
Canvass Materials ....................................................................................................... 16
Required Percentage for Passage of Public Measures .................................................. 17
Term Start Dates ......................................................................................................... 17
Filing of Oaths and Bonds ............................................................................................ 17
Election Costs ............................................................................................................. 17
Vacancies ............................................................................................................................ 18
Laws Related to City Council Vacancies ....................................................................... 18
Notify Auditor ............................................................................................................... 18
Filling Vacancies.......................................................................................................... 18
Making an Appointment ............................................................................................... 18
Extra or Special Publication Requirements ........................................................... 18
Appointment Deadline ......................................................................................... 18
Appointment Not Made Before Deadline ............................................................... 18
Length of Appointment......................................................................................... 19
Petitioning for a Special Election .......................................................................... 19
Signature Requirements .............................................................................. 19
Filing Deadline ............................................................................................ 20
Reviewing Validity of Petition ....................................................................... 20
Special Elections to Fill Vacancies ............................................................................... 21
Dates of Special Elections ................................................................................... 21
Deadline for Holding Special Election ................................................................... 21
Notice to Auditor.................................................................................................. 21
Signature Requirements ...................................................................................... 21
Primary and Runoff Cities: ........................................................................... 21
Filing Officer ........................................................................................................ 21
Candidate Filing Deadlines .................................................................................. 22
Cities with Primary Election Provisions......................................................... 22
All Other Cities ............................................................................................ 22
Withdrawal and Objection Deadlines .................................................................... 22
Withdrawal Deadline ................................................................................... 22
Objection Deadline ...................................................................................... 22
Public Measures.................................................................................................. 23
City Primary and Runoff Elections ........................................................................ 23
Term of Office ..................................................................................................... 23
Filling Vacancy at Special City Public Measure Election ................................................ 24
Filling Vacancy at Next Regular City Election ................................................................ 24
Calendar of Events – Special Elections To Fill Vacancies .............................................. 25
Cities with Primary Provisions .............................................................................. 25
All Other Nomination Methods (Not Held in Conjunction with General Election)...... 25
Special Elections ................................................................................................................. 26
Public Measures .......................................................................................................... 26
Odd-Numbered Years ......................................................................................... 26
Even-Numbered Years ........................................................................................ 26
Notice of Election to Auditor ......................................................................................... 26
Check for Vacancies .................................................................................................... 26
Additional Resources ........................................................................................................... 27
May 2023 Prepared by the Office of Iowa Secretary of State 1
Responsibilities and Planning Tips
What is the City Election?
The city election is held in odd-numbered years on the first Tuesday after the first Monday in
November to elect city officers and vote on public measures. All cities will hold a regular city
election. It is held in conjunction with the regular school election, so the election is known as the
city–school election.
As part of the election process, a city may hold a city primary election before the regular city
election or a city runoff after the regular city election if set by city ordinance.
[§39.3(3)]
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 ir 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. Complete and return the planning worksheet
to the county auditor as soon as possible.
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
May 2023 Prepared by the Office of Iowa Secretary of State 2
before the regular city election must be included on the ballot for the regular city election as “To
Fill Vacancy”. Specific dates are available through your county auditor.
[§69.12(1)(a)(2), 372.13(2)(a)]
Public Measures
Before the filing period begins (71 days before the regular city –school 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 p.m. 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/elections/electioninfo/cityelections.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 2023 Prepared by the Office of Iowa Secretary of State 3
City Elections
City Primary Election
All cities have a primary provision unless the council has p assed 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 controlling 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 provisi ons.
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–school 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 cit y 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 prima ry 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 –school election ballot.
[§376.7(2)]
May 2023 Prepared by the Office of Iowa Secretary of State 4
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–school election. City candidates file with the cont rolling 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 party an
NPPO. NPPOs do not need to file special paperwork to be official ly 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 2023 Prepared by the Office of Iowa Secretary of State 5
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–school 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–school election
OR
▪ A write-in candidate received a majority of the votes cast at the regular city–school
election and then declined the office.
If held, the city runoff election is held four weeks after the regular city –school election. Once
nominated at the regular city –school 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 –school 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–school 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 2023 Prepared by the Office of Iowa Secretary of State 6
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 elector must be:
▪ A citizen of the United States
▪ A resident of Iowa
▪ At least 18 years old
An eligible elector may not:
▪ Be a convicted felon (unless voting rights have been restored by the president or
governor, including via Executive Order)
▪ Be currently judged incompetent to vote by a court
▪ 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 cont rolling auditor or the designated city clerk must follow 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 2023 Prepared by the Office of Iowa Secretary of State 7
Signature Requirements for Nomination Petitions
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 –school 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]
Example: Happytown has primary election provisions and had three at -large seats on the ballot
at the last election. There were 15,876 total votes cast (TVC).
1. Divide the TVC by the number of seats that were filled: 15,876 ÷ 3 = 5,292
2. Multiply that result by 0.02: 5,292 x 0.02 = 105.84
3. Since that result is a fraction, round up: 105.84 → 106
Each candidate needs to collect at least 106 signatures.
Non-Partisan Offices Signatures Needed
City Offices
Primary or Runoff Provision Cities [§376.4]
At least 10 or 2% of number of people who voted for
the office at last regular city election
Chapter 45 Cities [§45.1(8)]
▪ For cities with a population or 25,000 or greater, at least 75 eligible
electors of city or ward
▪ For cities with a population between 7,500 and 24,999, at least 50
eligible electors of city or ward
▪ For cities with a population between 2,500 and 7,499, at least 25
eligible electors of city or ward
▪ For cities with a population less than 2,499 or less, at least 10
eligible electors of city or ward
May 2023 Prepared by the Office of Iowa Secretary of State 8
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 war d but are voted for by the entire city,
petition signers may live anywhere in the city.
NPPO Convention Attendance Requirements for Chapter 44 Cities
Candidates nominated by convention need at least 20 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 2023 Prepared by the Office of Iowa Secretary of State 9
Filing Period
Overview
The controlling auditor is the filing officer for candidate nomination papers for the regular city–
school election 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 must follow 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 Filing Period
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–school election and ends at 5:00 p.m. on the 68th day before the regular city–school
election.
For cities without primary election provisions, th e filing period begins on the 71st day before the
regular city–school election and ends at 5:00 p.m. on the 47th day before the regular city–school
election.
Important Note: Auditors’ offices and designated city clerks’ offices are required by law to be
open until 5:00 p.m. on the last day for candidates to file and on the last day to file objections.
[§44.4(1), 376.4(3)]
Specific dates are available from your county auditor.
Public Measures
By 12:00 p.m. 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 cont rolling auditor to include public
measures (if any) on the regular city–school election ballot. 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 clerk’s
office for the city election ballot.
[§376.4(6)]
May 2023 Prepared by the Office of Iowa Secretary of State 10
Withdrawals and Objections
Candidate withdrawals and objections must be submitted in writing to the county auditor or to
the city clerk, whomever was the officer receiving nomination papers. For objections, the
deadline is by 5:00 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–school election
▪ All other cities, including cities with runoff provisions:
42nd day before the regular city–school election
[§44.9(6), 44.4(2)(a)(3), 376.4(7)]
May 2023 Prepared by the Office of Iowa Secretary of State 11
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–school 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–school 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–school election must file an affidavit of candidacy. The affidavit must be filed:
▪ By 5:00 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 2023 Prepared by the Office of Iowa Secretary of State 12
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 5:00 p.m. on the 10th 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 by 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 by the beginning of the next
term, that person is considered the duly elected officer.
Exception: A petition may be filed requesting a special election i n 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 get ter.
[§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 2023 Prepared by the Office of Iowa Secretary of State 13
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 –school 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–school 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 be tween 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–school 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 that result in half: 5,292 ÷ 2 = 2,646
3. Increase that result by one: 2,646 + 1 = 2,647 (always round up if necessary)
The majority votes a candidate needs to win one of these three seats 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.
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
May 2023 Prepared by the Office of Iowa Secretary of State 14
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 5:00 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 5:00 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 5:00 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 file an affidavit, the
office still will appear on the city runoff ballot with no candidate name listed.
May 2023 Prepared by the Office of Iowa Secretary of State 15
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.
[§50.44, 376.9(3)]
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.
[§376.11(1)]
May 2023 Prepared by the Office of Iowa Secretary of State 16
County Canvass of Votes
Each county canvasses results for all the cities and schools within their county. This canvass is
known as the 1st–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
The 1st–tier canvass is held on the first Monday or Tuesday after the following election:
▪ Regular city–school election
[§50.24(1), 275.22, 376.9(1)]
Expedited Timeline for City Primary and Runoff Elections
For the following elections, 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
[§376.7(1), 376.9(2)(a)]
Timeline 2nd–Tier Canvass
The 2nd–tier canvass is held on the second Monday or Tuesday after the following election:
▪ Regular city–school election
[§50.24, 260C.15]
Expedited Timeline for City Primary and Runoff Elections
For the following elections, the 2nd–tier 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 2023 Prepared by the Office of Iowa Secretary of State 17
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 t he 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, 64.1A, 64.23]
Election Costs
The board of supervisors will bill the city for the costs of the election.
[§47.3]
May 2023 Prepared by the Office of Iowa Secretary of State 18
Vacancies
Laws Related to City Council Vacancies
Iowa Code section 372.13 applies to vacancies in city offices.
Notify Auditor
Notify the controlling 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), 362.3]
There are no extra or special publication requirements if the council decides to call for a special
election.
[§372.13(2)(b)]
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 c all 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 prac ticable date but no sooner than 60 days after notice from the city
clerk was received.
[§372.13(2)(a)(1)]
May 2023 Prepared by the Office of Iowa Secretary of State 19
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 the required percentage of the votes cast for all
candidates for that office at the last regular city–school 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.
Example: At the 2019 regular city–school 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.
1. Determine Total Votes Cast (TVC): 394 + 483 + 942 + 34 = 1853
2. Divide TVC by the number of seats to be filled: 1853 ÷ 3 = 617.33
3. Multiply that result by 0.15: 617.33 x 0.15 = 92.6
4. Since that result is a fraction, round up: 92.6 → 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.
May 2023 Prepared by the Office of Iowa Secretary of State 20
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 2023 Prepared by the Office of Iowa Secretary of State 21
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 be held on
any Tuesday that is not during a blackout period before or after a primary or general election
and that is not the 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 a fter
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 l east 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 2% of those who voted to fill the same office at the last
regular city–school 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 3,500: 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)]
Filing Officer
The controlling auditor is the filing officer for candidate nomination papers for special elections
to fill vacancies on city councils.
[§376.4]
May 2023 Prepared by the Office of Iowa Secretary of State 22
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 5:00 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 5:00 p.m. on the 25th 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 5:00 p.m. on the 50th day before the special election
All Other Cities: No later than 5:00 p.m. on the 22nd day before the special election
[IAC 721—21.403(2), 721—21.404(3)]
Objection Deadline
Primary Cities: No later than 12:00 p.m. on the 50th day before the special election
All Other Cities: No later than 12:00 p.m. on the 22nd day before the special election
[IAC 721—21.403(2), 721—21.404(3)]
May 2023 Prepared by the Office of Iowa Secretary of State 23
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 5:00 p.m. on the 53rd 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 5:00 p.m. on the 32nd day before the special election.
[§47.6(1)(a)(1)(b)]
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 or special city
runoff 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 2023 Prepared by the Office of Iowa Secretary of State 24
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–School Election
The vacancy must be filled at the next regular city –school election unless:
▪ The term of the office in which the vacancy occurred is set to expire in January
immediately following the regular city –school 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–school election, then the office will appear on the ballot at the regular city –school
election for the full term, not as “To Fill Vacancy”.
May 2023 Prepared by the Office of Iowa Secretary of State 25
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, 5:00 p.m. – Friday Candidate Filing Deadline
50 days, 12:00 p.m. – Monday Objection Deadline
50 days, 5:00 p.m. – Monday Withdrawal Deadline
28 days – Tuesday Primary Election, if needed
[IAC 721—21.403(2)]
All Other Nomination Methods
Days Before Election Event
32 days – Friday Written Notice to Auditor Due
25 days, 5:00 p.m. – Friday Candidate Filing Deadline
22 days, 12:00 p.m. – Monday Objection Deadline
22 days, 5:00 p.m. – Monday Withdrawal Deadline
28 days after – Tuesday Runoff Election, if needed
[IAC 721—21.404(3)]
May 2023 Prepared by the Office of Iowa Secretary of State 26
Special Elections
Public Measures
Cities can hold special elections for public measures on only the following dates:
Odd-Numbered Years
▪ First Tuesday in March
▪ Second Tuesday in September
▪ First Tuesday after the first Monday in November (date of regular city–school election)
Even-Numbered Years
▪ First Tuesday in March
▪ Second Tuesday in September
[§39.2(4)(b)]
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). See the Vacancy section in this
guide for more information.
May 2023 Prepared by the Office of Iowa Secretary of State 27
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. 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 or email sos@sos.iowa.gov.
The SOS Office website, https://sos.iowa.gov, 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 from your county auditor and may be of assistance to you:
▪ City Election Calendar
This is a chronological list of things that must be done to prepare for each election
and that must be done following election day.
▪ Election Forms
▪ Candidate Guides
http://sos.iowa.gov/elections/electioninfo/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.
▪ Additional Guides
The Elections Division also creates guides for us e by other people and groups.
Some of these publications were mentioned in this guide:
1. Filing Officer’s Guide
2. Vacancies Guide