HomeMy WebLinkAboutA017 - Filing Officer's Guide
Filing Officer’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/
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
Eligible Elector Defined ..................................................................................................... 2
Candidate Qualifications .................................................................................................... 2
Primary Election Candidate Qualifications ............................................................................ 3
General Election Candidate Qualifications ............................................................................ 4
Non-Partisan Office Candidate Qualifications ....................................................................... 5
Candidate Filing Periods ......................................................................................................... 7
Nomination Papers
Overview ........................................................................................................................... 8
Availability of Nomination Papers ...................................................................................... 8
Public Information .............................................................................................................. 8
Preparing for the Filing Period
Know the Ballot Contents .................................................................................................10
Receipts, Logs, and Accounting .......................................................................................10
Receiving Nomination Papers
Overview ..........................................................................................................................11
Receiving Nomination Papers In-Person ..........................................................................11
Receiving Nomination Papers in the Mail .........................................................................12
Faxed Affidavits ................................................................................................................12
Reviewing Nomination Papers
Overview ..........................................................................................................................13
Accepted on Their Face ...................................................................................................13
Noting Deficiencies ...........................................................................................................14
Reviewing the Affidavit of Candidacy ................................................................................15
Affidavit Elements ....................................................................................................15
Rejecting Affidavits ..................................................................................................17
Reviewing Nomination Petitions .......................................................................................18
Rejecting Petition Pages ..........................................................................................21
Ditto Marks ...................................................................................................21
Rejecting Signature Lines ........................................................................................21
Qualifications of Petition Signers .............................................................................22
School Districts with Director Districts ..........................................................22
Cities with Wards .........................................................................................22
Supervisor Plan 2 Counties ..........................................................................22
Supervisor Plan 3 Counties ..........................................................................22
Collecting Signatures ...............................................................................................22
Reviewing NPPO Convention Certificates ........................................................................23
Convention Attendance Requirements.....................................................................23
NPPO Convention Certificate Elements ...................................................................24
Reviewing Political Party Convention Certificates .............................................................26
Convention Attendance Requirements.....................................................................26
Political Party Convention Certificate Elements .......................................................27
Certificate of Presidential Electors ....................................................................................29
Accepting or Rejecting Nomination Papers
Overview ..........................................................................................................................30
Accepting Papers .............................................................................................................30
Rejecting Papers ..............................................................................................................30
Special Circumstances Affecting Nominations
Objections to Nomination Papers .....................................................................................31
Objections to County Political Party Candidates ......................................................32
Objections to NPPO or Unaffiliated Candidates .......................................................33
Candidate Withdrawals.....................................................................................................35
Running for More than One Office Prohibited ...................................................................36
Holding More than One Office ..........................................................................................36
Dual Affiliation Nominations Prohibited .............................................................................36
NPPO Candidate Substitutions .........................................................................................37
School District and City Employees as Candidates ..........................................................37
Candidate Relationships ...................................................................................................37
Public Measures
Overview ..........................................................................................................................38
Notice of Election Required ..............................................................................................38
Regularly Scheduled Elections ................................................................................38
County Public Measures ..............................................................................38
School and City Public Measures .................................................................38
Special Elections .....................................................................................................38
Withdrawing Requests for Public Measure Special Elections ...........................................39
Standards for Reviewing Special Election Petitions ............................................................40
Filing Officers’ Frequently Asked Questions ........................................................................43
Additional Resources .............................................................................................................45
Glossary ..................................................................................................................................46
May 2023 Prepared by the Office of Iowa Secretary of State 1
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
by the Control County Auditor §376.4(1)(a),(c)
Primary
County Offices: County Auditor
State and Federal Offices: Secretary of State
§43.11
General
County Offices: County Auditor
State and Federal Offices: Secretary of State
§44.4, 45.4
May 2023 Prepared by the Office of Iowa Secretary of State 2
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)]
May 2023 Prepared by the Office of Iowa Secretary of State 3
Primary Election Candidate Qualifications
Federal Office U.S. Citizenship Residence Age Term Signatures Needed
U.S. Senator
[U.S. Constitution, Art. 1, Sec. 3]
At least 9 years
when sworn in.
Iowa resident at the
time of the
general election.
30 when
sworn in. 6 years
3,500; must collect at least 100
signatures from
at least 19 counties.
[§43.20, 45.1]
U.S. Representative
[U.S. Constitution, Art. 1, Sec. 2]
At least 7 years
when sworn in.
Iowa resident at the
time of the
general election.
25 when
sworn in. 2 years
1,726; must collect at least 47
signatures from ½ of the counties
of congressional district.
[§43.20 45.1]
State Executive Office U.S. Citizenship Residence Age Term Signatures Needed
Governor &
Lieutenant Governor
[Iowa Constitution, Art. IV, Sec. 6]
2 years at the
general election.
Iowa resident for 2
years at the time of the
general election.
30 at the time
of general
election.
4 years
3,500; must run as a team;
must collect at least 100
signatures from at least 19
counties.
[§43.20, 45.1]
Secretary of State, Auditor of
State, Treasurer of State,
Secretary of Agriculture,
Attorney General
Citizen at the time
of the election.
[§39.26]
Iowa resident at the
time of the election.
[§39.26]
18 at the time
of election.
[§39.26]
4 years
2,500; must collect at least 77
signatures from a least 18
counties [§43.20, 45.1]
Iowa General Assembly U.S. Citizenship Residence Age Term Signatures Needed
State Senator
[Iowa Constitution, Art. III, Sec. 5]
Citizen at the time
of the election.
[§39.26]
1 year in Iowa, 60 days
in the district at the time
of the general election.
25 when
sworn in. 4 years
100 from state
senate district.
[§43.20(1)(c)]
State Representative
[Iowa Constitution,
Art. III, Sec. 3-4]
Citizen at the time
of the election.
[§39.26]
1 year in Iowa, 60 days
in the district at the time
of the general election.
21 when
sworn in. 2 years
50 from state representative
district.
[§43.20(1)(c)]
County Offices U.S. Citizenship Residence Age Term Signatures Needed
County Supervisor
Citizen at the time
of the election.
[§39.26]
Iowa resident at time of
election. Registered
voter of the
county/supervisor
district when sworn in.
[§39.26, 331.201(2)]
18 at the time
of election.
[§39.26]
4 years
Plan 1 and 2 Counties:
At least 100 or 2% of the party
vote in the county at last general
election, whichever is less.
Plan 3 Counties: At least 100 or
2% of the party vote in the
supervisor district (including
election day and absentee) at last
general election, whichever is
less.
[§43.20(1)(b)]
County Attorney
Must be admitted to the practice
of law in the courts of Iowa when
sworn in. [§331.751(2)]
Citizen at the time
of the election.
[§39.26]
Iowa resident at time of
election. Registered
voter in the county
when sworn in.
[§39.26, 331.751(2)]
18 at the time
of election.
[§39.26]
4 years
At least 100 or 2% of the party
vote in the county at last general
election, whichever is less.
[§43.20(1)(b)]
County Auditor
County Treasurer
County Recorder
Citizen at the time
of the election.
[§39.26]
Iowa resident at time of
election. Resident of
the county
when sworn in.
[§39.26-27]
18 at the time
of election.
[§39.26]
4 years
At least 100 or 2% of the party
vote in the county at last general
election, whichever is less.
[§43.20(1)(b)]
County Sheriff
Must meet the requirements in
Iowa Code §331.651.
Citizen at the time
of the election.
[§39.26]
Iowa resident at time of
election. Resident of
the county
when sworn in.
[§39.26-27]
21 when
sworn in.
[§331.651(2)]
4 years
At least 100 or 2% of the party
vote in the county at last general
election, whichever is less.
[§43.20(1)(d)]
May 2023 Prepared by the Office of Iowa Secretary of State 4
General Election Candidate Qualifications
Federal Office U.S. Citizenship Residence Age Term Signatures Needed
President & Vice President
[U.S. Constitution, Art. 2, Sec. 1]
Natural born citizen.
U.S. resident for 14
years and at time of
election.
35 when
sworn in.
4
years
3,500; must run as a team;
must collect at least 100 signatures
from at least 19 counties.
[§45.1(1)]
U.S. Senator
[U.S. Constitution, Art. 1, Sec. 3]
At least 9 years
when sworn in.
Iowa resident at the
time of the election.
30 when
sworn in.
6
years
3,500; must collect at least 100
signatures from
at least 19 counties.
[§45.1(1)]
U.S. Representative
[U.S. Constitution, Art. 1, Sec. 2]
At least 7 years
when sworn in.
Iowa resident at the
time of the election.
25 when
sworn in.
2
years
1,726; must collect at least 47
signatures from ½ of the counties of
congressional district.
[§45.1(2)]
State Executive Office U.S. Citizenship Residence Age Term Signatures Needed
Governor &
Lieutenant Governor
[Iowa Constitution, Art. IV, Sec. 6]
2 years at the time
of the election.
Iowa resident for 2
years at the time of the
election.
30 at the time
of the
election.
4
years
3,500; must run as a team;
must collect at least 100 signatures
from at least 19 counties.
[§45.1(1)]
Secretary of State, Auditor of
State, Treasurer of State,
Secretary of Agriculture,
Attorney General
Citizen at the time
of the election.
[§39.26]
Iowa resident at the
time of the election.
[§39.26]
18 at the
time of
election.
[§39.26]
4
years
2,500; must collect at least 77
signatures from a least 18 counties
[§45.1(1)]
Iowa General Assembly U.S. Citizenship Residence Age Term Signatures Needed
State Senator
[Iowa Constitution, Art. III, Sec. 5]
Citizen at the time
of the election.
[§39.26]
1 year in Iowa. 60 days
in the district at the
time of the election.
25 when
sworn in.
4
years
100 from state senate district.
[§45.1(3)]
State Representative
[Iowa Constitution,
Art. III, Sec. 3-4]
Citizen at the time
of the election.
[§39.26]
1 year in Iowa. 60 days
in the district at the
time of the election.
21 when
sworn in.
2
years
50 from state
representative district.
[§45.1(4)]
County Offices U.S. Citizenship Residence Age Term Signatures Needed
County Supervisor
Citizen at the time
of the election.
[§39.26]
Iowa resident at the
time of the election.
Registered voter of the
county/supervisor
district when sworn in.
[§39.26, 331.201]
18 at the
time of
election.
[§39.26]
4
years
Counties with population less than
15,001, at least 50
Counties with population more than
15,000 and less than 50,000, at
least 75
Counties with population more than
49,999 at least 100
Signatures must be eligible electors
of the county for Plan 1 and 2
Counties.
Signatures must be eligible electors
of the supervisor district for Plan 3
Counties.
*Contact county auditor for specific
numbers.
[§45.1(5-6), IAC 721—21.601(2)]
May 2023 Prepared by the Office of Iowa Secretary of State 5
Non-Partisan Office Candidate Qualifications
County Attorney
Must be admitted to the practice
of law in the courts of Iowa
when sworn in. [§331.751(2)]
Citizen at the time
of the election.
[§39.26]
Iowa resident at the
time of the election.
Registered voter in the
county when sworn in.
[§39.26, 331.751(2)]
18 at the
time of
election.
[§39.26]
4
years
Counties with population less than
15,001, at least 50
Counties with population more than
15,000 and less than 50,000, at
least 75
Counties with population more than
49,999 at least 100
Signatures must be eligible electors
of the county [§45.1(5)]
County Auditor
County Treasurer
County Recorder
Citizen at the time
of the election.
[§39.26]
Iowa resident at the
time of the election.
Resident of the county
when sworn in.
[§39.26-27]
18 at the
time of
election.
[§39.26]
4
years
Counties with population less than
15,001, at least 50
Counties with population more than
15,000 and less than 50,000, at
least 75
Counties with population more than
49,999 at least 100
Signatures must be eligible electors
of the county [§45.1(5)]
County Sheriff
Must meet the requirements in
Iowa Code §331.651.
Citizen at the time
of the election.
[§39.26]
Iowa resident at time of
election. Resident of
the county
when sworn in.
[§39.26-27]
21 when
sworn in.
[§331.651(2)]
4
years
Counties with population less than
15,001, at least 50
Counties with population more than
15,000 and less than 50,000, at
least 75
Counties with population more than
49,999 at least 100
Signatures must be eligible electors
of the county [§45.1(5)]
Non-
Partisan
Offices
U.S. Citizenship Residence Age Term Signatures Needed
Township Trustee
Citizen at the time
of the election.
[§39.26]
Iowa resident at the time of
the election. Trustees must be
registered voters of the
township when sworn in.
[§39.26, 359.17(1)]
18 at the
time of
election.
[§39.26]
4 years No petition is required.
[§39.22(2)(a)]
Township Clerk
Citizen at the time
of the election.
[§39.26]
Iowa resident at the time of
the election. Resident of the
township when sworn in.
[§39.26-27]
18 at the
time of
election.
[§39.26]
4 years No petition is required.
[§39.22(2)(a)]
Soil & Water
Conservation
Board
Citizen at the time
of the election.
[§39.26]
Iowa and district resident at
the time of the election.
Cannot reside in the same
township as any other board
member.
[§161A.5(2)(b)]
18 at the
time of
election.
[§39.26]
4 years
25 from the
conservation district.
[§161A.5(3)(a)]
County Hospital
Trustee
Citizen at the time
of the election.
[§39.26]
Iowa resident at the time of
the election. Resident of the
county
when sworn in.
[§39.26, 39.27, 347.9]
18 at the
time of
election.
[§39.26]
4 years in counties
with population
under 400,000
6 years in a county
with population of
at least 400,000
50 from the county. [§347.25]
May 2023 Prepared by the Office of Iowa Secretary of State 6
County
Agricultural
Extension
Citizen at the time
of the election.
[§39.26]
Iowa resident at the time of
the election. Registered voter
of the extension district when
sworn in.
[§176A.5]
18 at the
time of
election.
[§39.26]
4 years
25 from the
extension district.
[§176A.8(3)]
City Offices
Citizen at the time of
filing papers and at the
time of the election.
[§39.26, 376.4(1)(a)]
Resident of the city at time of
filing papers. Resident of ward
(if any) at time of filing papers
and at time of election.
[§376.4(1)(b)]
18 at the
time of
filing
papers and
at
time of
election.
[§39.26,
376.4(1)]
2 or 4 years
Primary or Runoff
Provision Cities:
At least 10 or 2% of number of
people who voted for the office at
last
regular city election.
[§376.4]
Chapter 45 Cities:
For cities with a population of
25,000 or greater, at least 75
eligible electors of
city or ward.
[§45.1(9)(a)]
For cities with a population
between 7,500 and 24,999, at
least 50 eligible electors of city or
ward.
[§45.1(9)(b)]
For cities with a population
between 2,500 and 7,499, at
least 25 eligible electors of city or
ward.
[§45.1(9)(c)]
For cities with a population of
2,499 or less, at least 10 eligible
electors of city or ward.
[§45.1(9)(d), 376.4]
City Hospital
Trustee
Citizen at the time
of the election.
[§39.26]
Iowa resident and resident of
hospital service area at the
time of the election.
[§392.6(1)]
18 at the
time of
election.
[§39.26]
4 years See requirements for
regular city offices.
School Board
Directors
Citizen at the time
of the election.
[§277.27]
Resident of school district and
director district (if any) at time
of election.
[§277.27]
18 at the
time of
election.
[§277.27]
4 years
Between 10 and 50, depending
on the number of registered
voters in the district as of May 1.
[§277.4, IAC 721—21.500]
Community
College
Board Trustees
Citizen at the time
of the election.
[§39.26]
Iowa resident at the time of
the election. Resident of the
director district when sworn in.
[§39.27, 260C.11(1)]
18 at the
time of
election.
[§39.26]
4 years
At least 50 signatures
from director district.
[§260C.15(2)]
May 2023 Prepared by the Office of Iowa Secretary of State 7
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. – Refer to the election calendars for specific dates.
Election Type Candidate Filing Period
School Election
[§260C.15(3), 277.4(1)]
Filing Period Begins: 71 days before the date of the regular city–school election
Filing Period Ends: 47 days before the date of the regular city–school election
City Primary
Election
[§376.4(1)(a)]
Filing Period Begins: 85 days before the date of the regular city–school election
Filing Period Ends: 68 days before the date of the regular city–school election
Regular City &
City Runoff
Elections
[§376.4(1)(a)]
Filing Period Begins: 71 days before the date of the regular city–school election
Filing Period Ends: 47 days before the date of the regular city–school election
Primary Election
State & Federal
Offices
[§43.11(2)]
Filing Period Begins: 99 days before the date of the primary election
Filing Period Ends: 81 days before the date of the primary election
Primary Election
County Offices
[§43.11(1)]
Filing Period Begins: 92 days before the date of the primary election
Filing Period Ends: 74 days before the date of the primary election
General Election
State & Federal
Offices
[§43.78(2), 44.4(1)(a), 45.4]
Filing Period Begins: 99 days before the date of the primary election
Filing Period Ends: 81 days before the date of the primary election
General Election*
County Offices
[§43.78(3), 44.4(1)(a), 45.4]
Filing Period Begins: 92 days before the date of the primary election
Filing Period Ends: 74 days before the date of the primary election
*County Ag Extension, Soil and Water and Hospital Trustees do not have a beginning date to
the filing period, only a deadline 69 days before the date of the general election.
May 2023 Prepared by the Office of Iowa Secretary of State 8
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/candidates/index.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)]
May 2023 Prepared by the Office of Iowa Secretary of State 9
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]
May 2023 Prepared by the Office of Iowa Secretary of State 10
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.
May 2023 Prepared by the Office of Iowa Secretary of State 11
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 reviewed
and accepted.
May 2023 Prepared by the Office of Iowa Secretary of State 12
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)]
May 2023 Prepared by the Office of Iowa Secretary of State 13
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.
May 2023 Prepared by the Office of Iowa Secretary of State 14
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.
May 2023 Prepared by the Office of Iowa Secretary of State 15
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.
May 2023 Prepared by the Office of Iowa Secretary of State 16
▪ 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.
May 2023 Prepared by the Office of Iowa Secretary of State 17
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)]
May 2023 Prepared by the Office of Iowa Secretary of State 18
Reviewing Nomination Petitions
There are four types of nomination petition forms prescribed by the SOS:
1. Nomination Petition for Primary Election
2. Nomination Petition for Partisan Office
3. Nomination Petition for Non-Partisan Office
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.
May 2023 Prepared by the Office of Iowa Secretary of State 19
[§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.
▪ Signers’ 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.
May 2023 Prepared by the Office of Iowa Secretary of State 20
▪ 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]
May 2023 Prepared by the Office of Iowa Secretary of State 21
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)]
May 2023 Prepared by the Office of Iowa Secretary of State 22
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)]
May 2023 Prepared by the Office of Iowa Secretary of State 23
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.
Office Minimum Attendance
Number of counties or precincts
that must be represented by
at least one eligible elector
U.S. Senator,
President & Vice President,
Governor & Lt. Governor,
and Statewide Offices
500 eligible electors 25 counties
U.S. Representative 200 eligible electors ½ of counties in district
State Senator 50 eligible electors ½ of precincts in district
State Representative 25 eligible electors ½ of precincts in district
County Offices 20 eligible electors ½ of precincts in county
Chapter 44 City Offices 20 eligible electors ½ of precincts in city
[§44.1]
May 2023 Prepared by the Office of Iowa Secretary of State 24
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.
May 2023 Prepared by the Office of Iowa Secretary of State 25
▪ 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.
May 2023 Prepared by the Office of Iowa Secretary of State 26
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)
[§43.77, 43.78]
Important Note: The Iowa Code does not provide a start date for filing nomination papers from
political party conventions held after the primary election to fill general election ballot vacancies.
The nomination papers must be filed by the general election candidate filing deadline but may
be filed anytime after the primary election is certified by the county or state board of canvassers.
Convention Attendance Requirements
Office Convention Convened By Convention Attendees
U.S. Senator State Party Chairperson Party’s state convention
U.S. Representative State Party Chairperson Party’s congressional district
convention
Governor & Lt. Governor State Party Chairperson Party’s state convention
Attorney General
Auditor of State
Secretary of Agriculture
Secretary of State
Treasurer of State
State Party Chairperson
Party’s state convention
Exception: Instead of holding a
state convention, the party’s
state central committee
may fill vacancies.
State Senate, State House State Party Chairperson
Party precinct committee
members whose precincts lie
within the district
County Attorney, Auditor,
Recorder, Sheriff, Treasurer,
Board of Supervisors (at-large)
County Party Chairperson Party’s county convention
County Board of Supervisors
(by district) County Party Chairperson
Delegates to the party’s county
convention who represent
the precincts that
lie within the district
[§43.78(1)]
May 2023 Prepared by the Office of Iowa Secretary of State 27
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
May 2023 Prepared by the Office of Iowa Secretary of State 28
▪ 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.
May 2023 Prepared by the Office of Iowa Secretary of State 29
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, 54.5]
May 2023 Prepared by the Office of Iowa Secretary of State 30
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, 161A.5(3)(b), 260C.15(2) 277.4(2)(b), 376.4(2)(b)]
Accepting Papers
If nomination papers meet all of the legal requirements, accept them for filing:
1. Stamp the papers “filed.”
Stamp the affidavit of candidacy and the first page of the nomination petitions or convention
certificate.
[§43.12, 277.4(3), 376.4(4)]
2. Photocopy the affidavit and store the original nomination papers in a secure place in the
office.
Best Practice: Keep copies of all the affidavits in an easily accessible location in the office
for quick reference. Use a log or accounting system to keep track of the nomination papers
in your possession. A “Nomination Paper Log” is available in the Election Forms Library, 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.
May 2023 Prepared by the Office of Iowa Secretary of State 31
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
School Board Members
By 5 p.m. 42 days before
the city/school election School Secretary §277.5
School Election
Community College Trustees
By 5 p.m. 42 days before
the city/school election
Community College
Board Secretary §260C.15(4)(b)
City Primary Election
By 5 p.m. 63 days before
the city/school election
(35 days before the
city primary election)
Control County Auditor §44.4(3)
376.4(7)
Regular City Election
including
Cities with Runoffs
By 5 p.m. 42 days before
the city/school election Control County Auditor §44.4(2)
376.4(7)
Primary Election
State & Federal Offices
By 5 p.m. 74 days before
the primary election Secretary of State §43.24(1)(b)(1)
Primary Election
County Offices
By 5 p.m. 64 days before
the primary election County Auditor §43.24(1)(b)(2)
General Election
State & Federal Offices
By 5 p.m. 68 days before
the general election Secretary of State §44.4(2)(a)(1)
General Election
County Offices
By 5 p.m. 64 days before
the general election County Auditor §44.4(2)(a)(2)
Special Elections
All Offices
Call the County Auditor
or Secretary of State
Call the County Auditor
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)]
May 2023 Prepared by the Office of Iowa Secretary of State 32
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)]
May 2023 Prepared by the Office of Iowa Secretary of State 33
Objections to NPPO or Unaffiliated Candidates
1. Objection Filed
▪ All objections must be in writing.
▪ Objections must state a specific reason why the objection is being filed (e.g. candidate is
not old enough to hold the office, 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), 45.4]
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
[§44.5, 277.5]
3. The Hearing
County Offices
The hearing must be held no later than one week after the objection is filed. The county auditor,
county treasurer and county attorney consider the objections, unless the objection is to the
nomination of one or more of those officers. The chairperson of the board of supervisors, the
county sheriff and the county recorder, respectively, must substitute for ineligible officers. A
majority decision is final.
[§44.5, 44.7]
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.
May 2023 Prepared by the Office of Iowa Secretary of State 34
If a city primary election must be held, the hearing must be held within 24 hours after the
objection is filed. The first two members of the objection panel are the mayor and city clerk. The
third member must be chosen by the city council members by ballot. No one whose eligibility is
in question may serve on the objection panel. A majority decision is final.
[§44.5, 44.8]
School Offices
The hearing must be held within two days after the objection is filed. The first two members of
the objection panel are the school board president and school secretary. The third member
must be chosen by the school board directors by ballot. No one whose eligibility is in question
may serve on the objection panel.
[§277.5]
May 2023 Prepared by the Office of Iowa Secretary of State 35
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
School Board Members
By 5 p.m. 42 days before
the city–school election School Secretary §44.9(3)
277.4(4)
School Election
Community College Trustees
Not specifically referenced in the Iowa Code.
Consult with legal counsel if a withdrawal is submitted.
City Primary Election
By 5 p.m. 63 days before
the city–school election
(35 days before the
city primary election)
Control County Auditor §44.9(6)
376.4(7)
Regular City Election
including Cities with Runoffs
By 5 p.m. 42 days before
the city–school election Control County Auditor §44.9(6)
Primary Election
State & Federal Offices
76 days before
the primary election Secretary of State §43.16
Primary Election
County Offices
67 days before
the primary election County Auditor §43.16
General Election
State & Federal Offices
Candidates Nominated at Primary:
81 days before
the general election
NPPO and Nominated by
Petition Candidates:
81 days before
the general election
Secretary of State §43.76(1)
44.9(1)
General Election
County Offices
Candidates Nominated at Primary:
74 days before
the general election
NPPO and Nominated by
Petition Candidates:
74 days before
the general election
County Auditor §43.76(2)
44.9(2)
Special Elections
All Offices
Call the County Auditor
or Secretary of State
Call the County Auditor
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.
May 2023 Prepared by the Office of Iowa Secretary of State 36
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]
May 2023 Prepared by the Office of Iowa Secretary of State 37
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.
May 2023 Prepared by the Office of Iowa Secretary of State 38
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)]
May 2023 Prepared by the Office of Iowa Secretary of State 39
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)]
May 2023 Prepared by the Office of Iowa Secretary of State 40
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)]
May 2023 Prepared by the Office of Iowa Secretary of State 41
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 §362.4:
Petitions must contain signatures of eligible electors of the city equal to at least
10% of the people who voted at the last regular city–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 is followed when acting on written objections.
[§331.306(4)]
May 2023 Prepared by the Office of Iowa Secretary of State 42
▪ Objections to §362.4 city petitions must be filed with the city clerk. The process
outlined in §44.8 is followed when acting on written objections.
[§362.4(3)]
▪ 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]
May 2023 Prepared by the Office of Iowa Secretary of State 43
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.
May 2023 Prepared by the Office of Iowa Secretary of State 44
Only nomination papers that have been rejected may be returned to the filer.
[§43.14(3), 43.16, 44.16]
8. 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.
May 2023 Prepared by the Office of Iowa Secretary of State 45
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@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://sos.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.html
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.
May 2023 Prepared by the Office of Iowa Secretary of State 46
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.
May 2023 Prepared by the Office of Iowa Secretary of State 47
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.
May 2023 Prepared by the Office of Iowa Secretary of State 48
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.