CHAPTER 43 PARTISAN NOMINATIONS == PRIMARY ELECTION
See also definitions in § 39.3

43.1 PRIMARY ELECTION CONSTRUED.
43.2 DEFINITIONS.
43.3 OFFICES AFFECTED BY PRIMARY.
43.4 POLITICAL PARTY PRECINCT CAUCUSES.
43.5 APPLICABLE STATUTES.
43.6 NOMINATION OF U. S. SENATORS, STATE AND COUNTY OFFICERS.
43.7 TIME OF HOLDING.
43.8 STATE COMMISSIONER TO FURNISH BLANKS.
43.9 COMMISSIONER TO FURNISH BLANKS.
43.10 BLANKS FURNISHED BY OTHERS.
43.11 FILING OF NOMINATION PAPERS.
43.12 NOTING TIME OF FILING.
43.13 FAILURE TO FILE NOMINATION PAPERS.
43.14 FORM OF NOMINATION PAPERS.
43.15 REQUIREMENTS IN SIGNING.
43.16 RETURN OF PAPERS, ADDITIONS NOT ALLOWED.
43.18 AFFIDAVIT OF CANDIDACY.
43.19 MANNER OF FILING AFFIDAVIT.
43.20 SIGNATURES REQUIRED -- MORE THAN ONE OFFICE PROHIBITED.
43.21 TOWNSHIP OFFICE.
43.22 NOMINATIONS CERTIFIED.
43.23 DEATH OR WITHDRAWAL OF PRIMARY CANDIDATE.
43.24 OBJECTIONS TO NOMINATION PETITIONS OR CERTIFICATES OF NOMINATION.
43.25 CORRECTION OF ERRORS.
43.26 BALLOT -- FORM.
43.27 PRINTING OF BALLOTS.
43.28 NAMES OF CANDIDATES -- ARRANGEMENT.
43.29 FORM OF NAME ON BALLOT.
43.30 SAMPLE BALLOTS.
43.31 FORM OF OFFICIAL BALLOT -- IMPLEMENTATION BY RULE.
43.32 THROUGH 43.35
43.36 AUSTRALIAN BALLOT.
43.37 NUMBER OF VOTES PERMITTED PER OFFICE.
43.38 VOTER CONFINED TO PARTY TICKET.
43.39 BALLOT FOR ANOTHER PARTY'S CANDIDATE.
43.41 CHANGE OR DECLARATION OF PARTY AFFILIATION BEFORE PRIMARY.
43.42 CHANGE OR DECLARATION OF PARTY AFFILIATION AT POLLS.
43.43 VOTER'S DECLARATION OF ELIGIBILITY.
43.45 CANVASS OF VOTES.
43.46 DELIVERING RETURNS.
43.47 MESSENGER SENT FOR RETURNS.
43.48 PRECINCT COUNTS PUBLICLY AVAILABLE.
43.49 CANVASS BY COUNTY BOARD.
43.50 SIGNING AND FILING OF ABSTRACT.
43.51 FINALITY OF CANVASS.
43.52 NOMINEES FOR COUNTY OFFICE.
43.53 NOMINEES FOR SUBDIVISION OFFICE -- WRITE-IN CANDIDATES.
43.54 RIGHT TO PLACE ON BALLOT.
43.55 NOMINEE CERTIFIED.
43.56 PRIMARY ELECTION RECOUNT PROVISIONS.
43.57 AND 43.58
43.59 NUMBER OF VOTERS CERTIFIED.
43.60 ABSTRACTS TO STATE COMMISSIONER.
43.61 RETURNS FILED AND ABSTRACTS RECORDED.
43.62 PUBLICATION OF PROCEEDINGS.
43.63 CANVASS BY STATE BOARD.
43.64 STATE CANVASS CONCLUSIVE.
43.65 WHO NOMINATED.
43.66 WRITE-IN CANDIDATES.
43.67 NOMINEE'S RIGHT TO PLACE ON BALLOT.
43.68 CERTIFIED LIST OF NOMINEES.
43.69 CERTIFICATES IN CASE OF FAILURE TO NOMINATE.
43.71 MESSENGER SENT FOR ABSTRACTS.
43.72 STATE RETURNS FILED AND RECORDED.
43.73 STATE COMMISSIONER TO CERTIFY NOMINEES.
43.75 TIE VOTE.
43.76 WITHDRAWAL OF NOMINATED CANDIDATES.
43.77 WHAT CONSTITUTES A BALLOT VACANCY.
43.78 FILLING BALLOT VACANCIES.
43.79 DEATH OF CANDIDATE AFTER TIME FOR WITHDRAWAL.
43.80 VACANCIES IN NOMINATIONS OF PRESIDENTIAL ELECTORS.
43.81 AND 43.82
43.83 VACANCIES IN OFFICE OF U. S. REPRESENTATIVE.
43.85 COUNTY CONVENTION RECONVENED.
43.86 AND 43.87
43.88 CERTIFICATION OF NOMINATIONS.
43.90 DELEGATES.
43.91 VOTER AT CAUCUS MUST BE PRECINCT RESIDENT.
43.92 DATE OF CAUCUS PUBLISHED.
43.93 PLACE OF HOLDING CAUCUS.
43.94 TERM OF OFFICE OF DELEGATES.
43.95 CALLING CONVENTION TO ORDER.
43.96 PROXIES PROHIBITED.
43.97 DUTIES PERFORMABLE BY COUNTY CONVENTION.
43.99 PARTY COMMITTEE PERSONS.
43.100 CENTRAL COMMITTEE -- DUTIES.
43.101 COUNTY CENTRAL COMMITTEE OFFICERS.
43.102 DISTRICT CONVENTIONS.
43.103 DUTY OF COUNTY COMMISSIONER.
43.104 ORGANIZATION.
43.107 STATE CONVENTION.
43.108 ORGANIZATION -- PROXIES PROHIBITED.
43.109 NOMINATIONS AUTHORIZED.
43.111 STATE PARTY PLATFORM, CONSTITUTION, BYLAWS AND CENTRAL COMMITTEE.
43.112 NOMINATIONS IN CERTAIN CITIES.
43.114 TIME OF HOLDING SPECIAL CHARTER CITY PRIMARY.
43.115 NOMINATION PAPERS -- NUMBER OF SIGNERS.
43.116 BALLOT VACANCIES IN SPECIAL CHARTER CITY ELECTIONS.
43.117 PLURALITY VOTE NOMINATES AND ELECTS.
43.118 EXPENSE.
43.119 AND 43.120
43.121 NOMINATIONS BY PETITION OR NONPARTY ORGANIZATIONS.
43.123 NOMINATION OF LIEUTENANT GOVERNOR.



        

43.1 PRIMARY ELECTION CONSTRUED. The primary election required by this chapter shall be construed to be an election by the members of various political parties for the purpose of placing in nomination candidates for public office.

         Section History: Early Form

         [S13, § 1087-a2; C24, 27, 31, 35, 39, § 527; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.1]
        

43.2 DEFINITIONS. The term "political party" shall mean a party which, at the last preceding general election, cast for its candidate for president of the United States or for governor, as the case may be, at least two percent of the total vote cast for all candidates for that office at that election. It shall be the responsibility of the state commissioner to determine whether any organization claiming to be a political party qualifies as such under the foregoing definition. A political organization which is not a "political party" within the meaning of this section may nominate candidates and have the names of such candidates placed upon the official ballot by proceeding under chapters 44 and 45. As used in this chapter, unless the context otherwise requires, "book", "list", "record", or "schedule" kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1.

         Section History: Early Form

         [S13, § 1087-a3; C24, 27, 31, 35, 39, § 528; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.2] 

         Section History: Recent Form

         2000 Acts, ch 1148, §1
         Referred to in § 42.1, 44.18, 48A.11, 49.58, 68A.102, 68A.601,
      68A.602, 99B.7, 421.1A
         Nominations by petition or nonparty organizations, § 43.121
        

43.3 OFFICES AFFECTED BY PRIMARY. Candidates of all political parties for all offices which are filled at a regular biennial election by direct vote of the people shall be nominated at a primary election at the time and in the manner hereinafter directed.

         Section History: Early Form

         [S13, § 1087-a1; C24, 27, 31, 35, 39, § 529; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.3]
         Nomination and election of judges, chapter 46
        

43.4 POLITICAL PARTY PRECINCT CAUCUSES. Delegates to county conventions of political parties and party committee members shall be elected at precinct caucuses held not later than the fourth Monday in February of each even-numbered year. The date shall be at least eight days earlier than the scheduled date for any meeting, caucus, or primary which constitutes the first determining stage of the presidential nominating process in any other state, territory, or any other group which has the authority to select delegates in the presidential nomination. The state central committees of the political parties shall set the date for their caucuses. The county chairperson of each political party shall issue the call for the caucuses. The county chairperson shall file with the commissioner the meeting place of each precinct caucus at least seven days prior to the date of holding the caucus. There shall be selected among those present at a precinct caucus a chairperson and a secretary who shall within seven days certify to the county central committee the names of those elected as party committee members and delegates to the county convention. When the rules of a political party require the selection and reporting of delegates selected as part of the presidential nominating process, or the rules of a political party require the tabulation and reporting of the number of persons attending the caucus favoring each presidential candidate, it is the duty of a person designated as provided by the rules of that political party to report the results of the precinct caucus as directed by the state central committee of that political party. When the person designated to report the results of the precinct caucus reports the results, representatives of each candidate, if they so choose, may accompany the person as the results are being reported to assure that an accurate report of the proceedings is reported. If ballots are used at the precinct caucus, representatives of each candidate or other persons attending the precinct caucus may observe the tabulation of the results of the balloting. Within fourteen days after the date of the caucus the county central committee shall certify to the county commissioner the names of those elected as party committee members and delegates to the county convention. The commissioner shall retain precinct caucus records for twenty-two months. In addition, within fourteen days after the date of the precinct caucus, the chairperson of the county central committee shall deliver to the county commissioner all completed voter registration forms received at the caucus. The central committee of each political party shall notify the delegates and committee members so elected and certified of their election and of the time and place of holding the county convention. Such conventions shall be held either preceding or following the primary election but no later than ten days following the primary election and shall be held on the same day throughout the state.

         Section History: Early Form

         [S13, § 1087-a1; C24, 27, 31, 35, 39, § 530; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.4] 

         Section History: Recent Form

         83 Acts, ch 138, § 1; 88 Acts, ch 1001, § 1; 89 Acts, ch 136, §2;
      2009 Acts, ch 57, §4
         Referred to in § 39A.4, 43.90
         Failure to report, criminal penalty, § 39A.4
        

43.5 APPLICABLE STATUTES. The provisions of chapters 39, 39A, 47, 48A, 49, 50, 51, 52, 53, 57, 58, 59, 61, 62, 68A, and 722 shall apply, so far as applicable, to all primary elections, except as hereinafter provided.

         Section History: Early Form

         [S13, § 1087-a1; C24, 27, 31, 35, 39, § 531; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.5] 

         Section History: Recent Form

         94 Acts, ch 1169, §44; 2009 Acts, ch 57, §5
         Criminal offenses, § 39A.2--39A.5
        

43.6 NOMINATION OF U. S. SENATORS, STATE AND COUNTY OFFICERS. Candidates for the office of senator in the Congress of the United States, the offices listed in section 39.9, county supervisor, and the offices listed in section 39.17 shall be nominated in the year preceding the expiration of the term of office of the incumbent. 1. When a vacancy occurs in the office of senator in the Congress of the United States, secretary of state, auditor of state, treasurer of state, secretary of agriculture, or attorney general and section 69.13 requires that the vacancy be filled for the balance of the unexpired term at a general election, candidates for the office shall be nominated in the preceding primary election if the vacancy occurs eighty-nine or more days before the date of that primary election. If the vacancy occurs less than one hundred four days before the date of that primary election, the state commissioner shall accept nomination papers for that office only until five o'clock p.m. on the seventy-fourth day before the primary election, the provisions of section 43.11 notwithstanding. If the vacancy occurs later than eighty-nine days before the date of that primary election, but not less than eighty-nine days before the date of the general election, the nominations shall be made in the manner prescribed by this chapter for filling vacancies in nominations for offices to be voted for at the general election. 2. When a vacancy occurs in the office of county supervisor or any of the offices listed in section 39.17 and more than seventy days remain in the term of office following the next general election, the office shall be filled for the balance of the unexpired term at that general election unless the vacancy has been filled by a special election called more than seventy-three days before the primary election. If the vacancy occurs more than seventy-three days before the primary election, political party candidates for that office at the next general election shall be nominated at the primary election. If an appointment to fill the vacancy in office is made eighty-eight or more days before the primary election and a petition requesting a special election has not been received within fourteen days after the appointment is made, candidates for the office shall be nominated at the primary election.

         Section History: Early Form

         [R60, § 674; C73, § 26; C97, § 30; S13, § 1087-c; C24, 27, 31, 35,
      39, § 532; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      43.6] 

         Section History: Recent Form

         89 Acts, ch 136, §3; 94 Acts, ch 1180, §2; 97 Acts, ch 170, § 2;
      2007 Acts, ch 59, §2, 19
         Vacancies filled by governor, § 69.8(1, 2)
        

43.7 TIME OF HOLDING. The primary election by all political parties shall be held at the usual voting places of the several precincts on the first Tuesday after the first Monday in June in each even-numbered year.

         Section History: Early Form

         [S13, § 1087-a4; C24, 27, 31, 35, 39, § 533; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.7]
        

43.8 STATE COMMISSIONER TO FURNISH BLANKS. The state commissioner shall, at state expense, furnish blank nomination papers, in the form provided in this chapter, to any eligible elector who desires to petition for the nomination of any candidate, or to any person who intends to be a candidate, for any office for which nomination papers are required to be filed in the state commissioner's office.

         Section History: Early Form

         [S13, § 1087-a11; C24, 27, 31, 35, 39, § 534; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.8; 81 Acts, ch 34, § 1]
         Referred to in § 43.9
        

43.9 COMMISSIONER TO FURNISH BLANKS. The commissioner shall, at county expense, perform the duty specified in section 43.8, as to all offices for which nomination papers are required to be filed in the commissioner's office.

         Section History: Early Form

         [S13, § 1087-a11; C24, 27, 31, 35, 39, § 535; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.9]
        

43.10 BLANKS FURNISHED BY OTHERS. Blank nomination papers which are in form substantially as provided by this chapter may be used even though not furnished by the state commissioner or commissioner.

         Section History: Early Form

         [C24, 27, 31, 35, 39, § 536; C46, 50, 54, 58, 62, 66, 71, 73,
      75, 77, 79, 81, § 43.10]
        

43.11 FILING OF NOMINATION PAPERS. Nomination papers in behalf of a candidate shall be filed: 1. For an elective county office, in the office of the county commissioner not earlier than ninety-two days nor later than five o'clock p.m. on the sixty-ninth day before the day fixed for holding the primary election. 2. For United States senator, for an elective state office, for representative in Congress, and for member of the general assembly, in the office of the state commissioner not earlier than ninety-nine days nor later than five o'clock p.m. on the eighty-first day before the day fixed for holding the primary election.

         Section History: Early Form

         [S13, § 1087-a10; C24, 27, 31, 35, 39, § 537; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.11] 

         Section History: Recent Form

         88 Acts, ch 1119, § 2; 89 Acts, ch 136, §4
         Referred to in § 43.6, 43.13, 43.77
        

43.12 NOTING TIME OF FILING. The officer receiving nomination papers for filing shall endorse thereon the day, and time of day, of filing.

         Section History: Early Form

         [C24, 27, 31, 35, 39, § 538; C46, 50, 54, 58, 62, 66, 71, 73,
      75, 77, 79, 81, § 43.12]
        

43.13 FAILURE TO FILE NOMINATION PAPERS. The name of a candidate for any office named in section 43.11 shall not be printed on the official primary ballot of the candidate's party unless nomination papers are filed as therein provided except as otherwise permitted by section 43.23.

         Section History: Early Form

         [S13, § 1087-a10; C24, 27, 31, 35, 39, § 539; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.13]
        

43.14 FORM OF NOMINATION PAPERS. 1. Nomination papers shall include a petition and an affidavit of candidacy. All nomination petitions shall be eight and one-half by eleven inches in size and in substantially the form prescribed by the state commissioner of elections. They shall include or provide spaces for the following information: a. A statement identifying the signers of the petition as eligible electors of the appropriate county or legislative district and of the state. b. The name of the candidate nominated by the petition. c. For nomination petitions for candidates for the general assembly, a statement that the residence of the candidate is within the appropriate legislative district, or if that is not true, that the candidate will reside there within sixty days before the election. For other offices, a statement of the name of the county where the candidate resides. d. The political party with which the candidate is a registered voter. e. The office sought by the candidate, including the district number, if any. f. The date of the primary election for which the candidate is nominated. 2. Signatures on a petition page shall be counted only if the information required in subsection 1 is written or printed at the top of the page. Nomination papers on behalf of candidates for seats in the general assembly need only designate the number of the senatorial or representative district, as appropriate, and not the county or counties, in which the candidate and the petitioners reside. A signature line shall not be counted if the line lacks the signature of the eligible elector and the signer's address and city. A signature line shall not be counted if the signer's address is obviously outside the boundaries of the district. 3. The person examining the petition shall mark any deficiencies on the petition and affidavit. Signed nomination petitions and the signed and notarized affidavit of candidacy shall not be altered to correct deficiencies noted during examination. If the nomination petition lacks a sufficient number of acceptable signatures, the nomination petition shall be rejected and shall be returned to the candidate. 4. The nomination papers shall be rejected if the affidavit lacks any of the following: a. The candidate's name. b. The name of the office sought, including the district, if any. c. The political party name. d. The signature of the candidate. e. The signature of a notary public or other officer empowered to witness oaths. 5. The candidate may replace a deficient affidavit with a corrected affidavit only if the replacement affidavit is filed before the filing deadline. The candidate may resubmit a nomination petition that has been rejected by adding a sufficient number of pages or signatures to correct the deficiency. A nomination petition and affidavit filed to replace rejected nomination papers shall be filed together before the deadline for filing.

         Section History: Early Form

         [S13, § 1087-a10; C24, 27, 31, 35, 39, § 540; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.14] 

         Section History: Recent Form

         91 Acts, ch 129, §1; 94 Acts, ch 1180, §3; 2002 Acts, ch 1134, §5,
      115; 2007 Acts, ch 59, §3, 19
         Oaths, see chapter 63A
        

43.15 REQUIREMENTS IN SIGNING. The following requirements shall be observed in the signing and preparation of nomination blanks: 1. A signer may sign nomination papers for more than one candidate for the same office, and the signature is not invalid solely because the signer signed nomination papers for one or more other candidates for the office. 2. Each signer shall add the signer's residence, with street and number, if any, and the date of signing. 3. All signers, for all nominations, of each separate part of a nomination paper, shall reside in the same county, representative or senatorial district for members of the general assembly. In counties where the supervisors are elected from districts, signers of nomination petitions for supervisor candidates shall reside in the supervisor district the candidate seeks to represent. 4. When more than one sheet is used, the sheets shall be neatly arranged and securely fastened together before filing, and shall be considered one nomination petition. 5. Only one candidate shall be petitioned for or nominated in the same nomination paper.

         Section History: Early Form

         [S13, § 1087-a10; C24, 27, 31, 35, 39, § 541; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.15] 

         Section History: Recent Form

         89 Acts, ch 136, § 5, 6; 2002 Acts, ch 1134, §6, 115
        

43.16 RETURN OF PAPERS, ADDITIONS NOT ALLOWED. After a nomination paper has been filed, it shall not be returned to the person who has filed the paper, nor shall any signature or other information be added to the nomination paper. A person who has filed nomination petitions with the state commissioner may withdraw as a candidate not later than the seventy-sixth day before the primary election by notifying the state commissioner in writing. A person who has filed nomination papers with the commissioner may withdraw as a candidate not later than the sixty-seventh day before the primary election by notifying the commissioner in writing. The name of a candidate who has withdrawn or died at a time in accordance with this section shall be omitted from the certificate furnished by the state commissioner under section 43.22 and omitted from the primary election ballot.

         Section History: Early Form

         [S13, § 1087-a10; C24, 27, 31, 35, 39, § 542; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.16] 

         Section History: Recent Form

         86 Acts, ch 1224, § 1; 89 Acts, ch 136, § 7
         Withdrawal of candidacy, § 43.76, 44.9
        

43.17 Repealed by 86 Acts, ch 1224, § 39.

43.18 AFFIDAVIT OF CANDIDACY. Each candidate shall complete and file a signed, notarized affidavit of candidacy. The affidavit shall be in the form prescribed by the secretary of state and shall include the following information: 1. The candidate's name in the form the candidate wants it to appear on the ballot. 2. The candidate's home address. 3. The name of the county in which the candidate resides. 4. The political party with which the candidate is registered to vote. 5. The office sought by the candidate, and the district the candidate seeks to represent, if any. 6. A declaration that if the candidate is nominated and elected the candidate will qualify by taking the oath of office. 7. A statement that the candidate is aware that the candidate is required to organize a candidate's committee which shall file an organization statement and disclosure reports if the committee or the candidate receives contributions, makes expenditures, or incurs indebtedness in excess of the reporting threshold in section 68A.102, subsection 5. This subsection shall not apply to candidates for federal office. 8. A statement that the candidate is aware of the prohibition in section 43.20 against being a candidate for more than one office appearing on the primary election ballot. 9. A statement that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate's rights have not been restored by the governor or by the president of the United States.

         Section History: Early Form

         [S13, § 1087-a10; C24, 27, 31, 35, 39, § 544; C46, 50, 54, 58,
      62, 66, 71, 73, § 43.18; C75, § 43.18, 56.5(4); C77, 79, 81, § 43.18;
      81 Acts, ch 35, § 16] 

         Section History: Recent Form

         90 Acts, ch 1238, §2; 91 Acts, ch 129, §2, 3; 94 Acts, ch 1023,
      §77; 94 Acts, ch 1180, §4; 98 Acts, ch 1052, § 1
         Referred to in § 43.19, 420.130
        

43.19 MANNER OF FILING AFFIDAVIT. The affidavit provided in section 43.18 shall be filed with the nomination papers when such papers are required; otherwise alone.

         Section History: Early Form


         [S13, § 1087-a10; C24, 27, 31, 35, 39, § 545; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.19]
        

43.20 SIGNATURES REQUIRED -- MORE THAN ONE OFFICE PROHIBITED. 1. Nomination papers shall be signed by eligible electors as follows: a. If for governor, or United States senator, by at least one percent of the voters of the candidate's party, in each of at least ten counties of the state, and in the aggregate not less than one-half of one percent of the total vote of the candidate's party in the state, as shown by the last general election. b. If for any other state office, by at least fifty signatures in each of at least ten counties of the state, and in the aggregate not less than one thousand signatures. c. If for a representative in Congress, in districts composed of more than one county, by at least two percent of the voters of the candidate's party, as shown by the last general election, in each of at least one-half of the counties of the district, and in the aggregate not less than one percent of the total vote of the candidate's party in such district, as shown by the last general election. If for a representative in the general assembly, not less than fifty voters of the representative district; and if for a senator in the general assembly, not less than one hundred voters of the senatorial district. d. If for an office to be filled by the voters of the county or for the office of county supervisor elected from a district within the county, by at least two percent of the party vote in the county or supervisor district, as shown by the last general election, or by at least one hundred persons, whichever is less. 2. In each of the above cases, the vote to be taken for the purpose of computing the percentage shall be the vote cast for president of the United States or for governor, as the case may be. 3. No candidate for public office shall cause nomination papers to remain filed in the office of the state commissioner or the commissioner on the last day for filing nomination papers, for more than one office to be filled at the primary election. 4. Any candidate for public office, to be voted for at a primary election, who has filed nomination papers for more than one office shall, not later than the final date for filing, notify the state commissioner or the commissioner by affidavit, for which office the person elects to be a candidate, which in no case shall be more than one. In the event no such election is made by such date by the candidate, the state commissioner shall not certify the person's name to be placed on the ballot for any office nor shall the commissioner place the person's name on the ballot in any county.

         Section History: Early Form

         [S13, § 1087-a10; C24, 27, 31, 35, 39, § 546; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.20] 

         Section History: Recent Form

         88 Acts, ch 1119, § 3, 4
         Referred to in § 43.18
        

43.21 TOWNSHIP OFFICE. Repealed by 2005 Acts, ch 152, § 10.

43.22 NOMINATIONS CERTIFIED. The state commissioner shall, at least sixty- nine days before a primary election, furnish to the commissioner of each county a certificate under the state commissioner's hand and seal, which certificate shall show: 1. The name and post-office address of each person for whom a nomination paper has been filed in the state commissioner's office, and for whom the voters of said county have the right to vote at said election. 2. The office for which such person is a candidate. 3. The political party from which such person seeks a nomination.

         Section History: Early Form

         [S13, § 1087-a12; C24, 27, 31, 35, 39, § 548; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.22] 

         Section History: Recent Form

         89 Acts, ch 136, §9
         Referred to in § 43.16, 43.23
        

43.23 DEATH OR WITHDRAWAL OF PRIMARY CANDIDATE. 1. If a person who has filed nomination papers with the state commissioner as a candidate in a primary election dies or withdraws up to the seventy- sixth day before the primary election, the appropriate convention or central committee of that person's political party may designate one additional primary election candidate for the nomination that person was seeking, if the designation is submitted to the state commissioner in writing by five o'clock p.m. on the seventy-first day before the date of the primary election. The name of any candidate so submitted shall be included in the appropriate certificate or certificates furnished by the state commissioner under section 43.22. 2. If a person who has filed nomination papers with the commissioner as a candidate in a primary election dies or withdraws up to the sixty-seventh day before the primary election, the appropriate convention or central committee of that person's political party may designate one additional primary election candidate for the nomination that person was seeking, if the designation is submitted to the commissioner in writing by five o'clock p.m. on the sixty-third day before the primary election. The name of any candidate so submitted shall be placed on the appropriate ballot or ballots by the commissioner.

         Section History: Early Form

         [C66, 71, 73, 75, § 43.59(1); C77, 79, 81, § 43.23] 

         Section History: Recent Form

         86 Acts, ch 1224, § 2; 89 Acts, ch 136, §10
         Referred to in § 43.13
        

43.24 OBJECTIONS TO NOMINATION PETITIONS OR CERTIFICATES OF NOMINATION. 1. Written objections required. Nomination petitions or certificates of nomination filed under this chapter which are apparently in conformity with the law are valid unless objection is made in writing. a. Objections to the legal sufficiency of a nomination petition or certificate of nomination filed or issued under this chapter or to the eligibility of a candidate may be filed in writing by any person who would have the right to vote for the candidate for the office in question. b. Objections shall be filed with the officer with whom the nomination petition or certificate of nomination was filed, and within the following time: (1) Those filed with the state commissioner, not less than seventy-four days before the date of the election. (2) Those filed with the commissioner, not less than sixty-four days before the date of the election. (3) Objections to nominations to fill vacancies at a special election held under section 69.14, under which the forty-day notice of election provision applies, shall be filed with the state commissioner not less than fifteen days prior to the date set for the special election. If the forty-day notice provision does not apply, objections to nominations to fill vacancies at a special election held under section 69.14 may be filed any time prior to the date set for the special election. (4) Those filed with the city clerk under this chapter, at least thirty-six days before the city primary election. 2. Notice of objections. a. When objections have been filed, notice shall be mailed within seventy-two hours by certified mail to the candidate affected, addressed to the candidate's place of residence as stated in the candidate's affidavit of candidacy or in the certificate of nomination, stating that objections have been made, the nature of the objections, and the time and place the objections will be considered. b. If an objection is filed to a nomination to fill a vacancy at a special election held under section 69.14, under which the forty-day notice of election provision of section 69.14 does not apply, notice of the objection shall be made to the candidate by the state commissioner as soon as practicable. Under this paragraph, failure to notify a candidate of an objection to the candidate's nomination prior to the date set for the special election does not invalidate the hearing conducted under subsection 3. The hearing to an objection shall proceed as quickly as possible to expedite the special election. 3. Hearing. a. Objections filed with the state commissioner shall be considered by the secretary of state, auditor of state, and attorney general. However, if the objection is to the nomination petition, certificate of nomination, or eligibility of one or more of those officers, those officers shall be replaced, respectively, by the treasurer of state, secretary of agriculture, and lieutenant governor for the hearing. b. Objections filed with the commissioner shall be considered by three elected county officers whose eligibility is not in question. The chairperson of the board of supervisors shall appoint the three elected officers unless the chairperson is ineligible, in which case, the appointments shall be made by the county auditor. In either case, a majority vote shall decide the issue. c. Objections filed with the city clerk shall be considered by the mayor and clerk and one member of the council chosen by the council by ballot, and a majority decision shall be final; but if the objection is to the certificate of nomination of either of those city officials, that official shall not pass upon said objection, but that official's place shall be filled by a member of the council against whom no objection exists, chosen as above.

         Section History: Recent Form

         84 Acts, ch 1291, § 1; 86 Acts, ch 1155, § 1; 89 Acts, ch 136,
      §11; 2002 Acts, ch 1134, §7, 115; 2008 Acts, ch 1032, §201
         Referred to in § 43.115
        

43.25 CORRECTION OF ERRORS. The commissioner shall correct any errors or omissions in the names of candidates and any other errors brought to the commissioner's knowledge before the printing of the ballots.

         Section History: Early Form

         [S13, § 1087-a12; C24, 27, 31, 35, 39, § 552; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.25]
        

43.26 BALLOT -- FORM. Repealed by 2009 Acts, ch 57, § 96. See § 43.31.

43.27 PRINTING OF BALLOTS. The ballots of each political party shall be printed in black ink, on separate sheets of paper, uniform in quality, texture, and size, with the name of the political party printed at the head of said ballots, which ballots shall be prepared by the commissioner in the same manner as for the general election, except as in this chapter provided. The commissioner may print the ballots for each political party using a different color for each party. If colored paper is used, all of the ballots for each separate party shall be uniform in color.

         Section History: Early Form

         [S13, § 1087-a13; C24, 27, 31, 35, 39, § 554; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.27] 

         Section History: Recent Form

         2002 Acts, ch 1134, §8, 115
         Referred to in § 43.31
        

43.28 NAMES OF CANDIDATES -- ARRANGEMENT. The names of all candidates for offices shall be arranged and printed upon the primary election ballots under the direction of the commissioner. If there are more candidates for nomination by a political party to an office than the number of persons to be elected to that office at the general election, the names of the candidates of that party for that nomination shall be rotated on the primary election ballot by the commissioner in the manner prescribed by section 49.31.

         Section History: Early Form

         [S13, § 1087-a13; C24, 27, 31, 35, 39, § 556, 557; C46, 50, §
      43.28, 43.29; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 43.28]
         Referred to in § 43.31
        

43.29 FORM OF NAME ON BALLOT. The name of a candidate printed on the ballot shall not include parentheses, quotation marks, or any personal or professional title.

         Section History: Recent Form

         89 Acts, ch 136, §12
         Referred to in § 43.31
        

43.30 SAMPLE BALLOTS. The commissioner shall take from the official printed ballots of each precinct a suitable number of ballots of each political party, and shall write or stamp, in red ink, near the top of each ballot, the words "sample ballot" and shall sign or stamp the commissioner's official signature thereunder. Said ballots shall be delivered to the precinct election officials, but shall not be voted, received, or counted. Said precinct election officials shall, before the opening of the polls, cause said sample ballots to be posted in and about the polling places. The commissioner may make sample ballots available to the public. The sample ballots shall be stamped with the words "sample ballot" and a facsimile of the commissioner's signature. A reasonable fee may be charged for printing costs if a person requests multiple copies of sample ballots.

         Section History: Early Form

         [S13, § 1087-a15; C24, 27, 31, 35, 39, § 558; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.30] 

         Section History: Recent Form

         89 Acts, ch 136, §13
         Referred to in § 43.31
        

43.31 FORM OF OFFICIAL BALLOT -- IMPLEMENTATION BY RULE. The state commissioner shall adopt rules in accordance with chapter 17A to implement sections 43.27 through 43.30, section 43.36, sections 49.30 through 49.41, section 49.57, and any other provision of the law prescribing the form of the official ballot.

         Section History: Recent Form

         2009 Acts, ch 57, §6
        

43.32 THROUGH 43.35 Repealed by 73 Acts, ch 136, § 401.

43.36 AUSTRALIAN BALLOT. The Australian ballot system as now used in this state, except as herein modified, shall be used at said primary election. The endorsement of the precinct election officials and the facsimile of the commissioner's signature shall appear upon the ballots as provided for general elections.

         Section History: Early Form

         [S13, § 1087-a6; C24, 27, 31, 35, 39, § 564; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.36]
         Referred to in § 43.31
         Australian ballot system, chapter 49
         Endorsement by precinct election officials, § 49.82
         Signature of commissioner, § 49.57
        

43.37 NUMBER OF VOTES PERMITTED PER OFFICE. The elector shall be permitted to vote for no more candidates for any office than there are persons to be elected to the office. If an elector votes for more persons for any office than the number permitted, the elector's ballot shall not be counted for that office.

         Section History: Recent Form

         88 Acts, ch 1119, § 6
        

43.38 VOTER CONFINED TO PARTY TICKET. The elector shall be allowed to vote for candidates for nomination on the ballot of the party with which the elector is registered as affiliated, and shall receive no other ballot. The voter shall return the ballot, folded, to one of the precinct election officials who shall deposit it in the ballot box.

         Section History: Early Form

         [S13, § 1087-a6; C24, 27, 31, 35, 39, § 566; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.38]
        

43.39 BALLOT FOR ANOTHER PARTY'S CANDIDATE. If any primary elector write upon the elector's ticket the name of any person who is a candidate for the same office upon some other party ticket than that upon which the candidate's name shall be so written, such ballot shall be so counted for such person only as a candidate of the party upon whose ballot the candidate's name is written, and shall in no case be counted for such person as a candidate upon any other ticket.

         Section History: Early Form

         [S13, § 1087-a6; C24, 27, 31, 35, 39, § 567; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.39]
        

43.40 Repealed by 73 Acts, ch 136, § 401.

43.41 CHANGE OR DECLARATION OF PARTY AFFILIATION BEFORE PRIMARY. Any registered voter who desires to change or declare a political party affiliation may, before the close of registration for the primary election, file a written declaration stating the change of party affiliation with the county commissioner of registration who shall enter a notation of such change on the registration records.

         Section History: Early Form

         [S13, § 1087-a8; C24, 27, 31, 35, 39, § 569; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.41] 

         Section History: Recent Form

         94 Acts, ch 1169, §64
        

43.42 CHANGE OR DECLARATION OF PARTY AFFILIATION AT POLLS. Any registered voter may change or declare a party affiliation at the polls on election day and shall be entitled to vote at any primary election. Each voter doing so shall indicate the voter's change or declaration of party affiliation on the voter's declaration of eligibility affidavit. Each change or declaration of a registered voter's party affiliation so received shall be reported by the precinct election officials to the county commissioner of registration who shall enter a notation of the change on the registration records.

         Section History: Early Form

         [S13, § 1087-a8, -a9; C24, 27, 31, 35, 39, § 570, 572; C46,
      50, 54, 58, 62, 66, 71, 73, § 43.42; C75, § 43.42, 43.44; C77, 79,
      81, § 43.42] 

         Section History: Recent Form

         91 Acts, ch 129, § 4; 92 Acts, ch 1163, § 12; 94 Acts, ch 1169,
      §64
        

43.43 VOTER'S DECLARATION OF ELIGIBILITY. Each person voting at a primary election shall sign a declaration of eligibility which shall be in substantially the following form: I do solemnly swear or affirm that I am a resident of the ........... precinct, ......... ward or township, city of ......, county of ......, Iowa. I am a registered voter. I have not voted and will not vote in any other precinct in this election. I am affiliated with the ...... party. If my current voter registration record indicates another party affiliation or no party affiliation, I swear or affirm that I have in good faith changed my previously declared party affiliation, or declared my party affiliation, and now desire to be a member of the party indicated above. ......... Signature of voter ......... Address (..)...... Telephone Approved: .......... ...... Election board member Date

         Section History: Recent Form

         91 Acts, ch 129, §5; 94 Acts, ch 1169, §64
        

43.44 Repealed by 75 Acts, ch 81, § 154.

43.45 CANVASS OF VOTES. 1. Upon the closing of the polls the precinct election officials shall immediately publicly canvass the vote. The canvass shall be conducted using the procedures established in this section which are appropriate for the voting system used in the precinct. 2. In precincts where paper ballots are used, precinct election officials shall do all of the following: a. Place the ballots of the several political parties in separate piles. b. Separately count the ballots of each party, and make the correct entries thereof on the tally sheets. c. Certify the number of votes cast upon the ticket of each political party for each candidate for each office. d. Place the ballots cast on behalf of each of the parties in separate envelopes. Seal each envelope and place the signature of all board members of the precinct across the seal of the envelope so that it cannot be opened without breaking the seal. e. On the outside of each envelope enter the number of ballots cast by each party in the precinct and contained in the envelope. f. Seal the tally sheets and certificates of the precinct election officials in an envelope on the outside of which are written or printed the names of the several political parties with the names of the candidates for the different offices under their party name, and opposite each candidate's name enter the number of votes cast for such candidate in the precinct. g. Enter on the envelope the total number of voters of each party who cast ballots in the precinct. h. Communicate the results in the manner required by section 50.11, to the commissioner of the county in which the polls are located, who shall remain on duty until the results are communicated to the commissioner from each polling place in the county. 3. In precincts where optical scan voting systems are used and ballots are counted in the precinct, precinct election officials shall do all of the following: a. Close and secure the ballot reader to prevent the insertion of additional ballots. b. Print the results for the precinct. c. Open the ballot container. Secure all ballots counted by the vote-tabulating device. Sort the remaining ballots by party. Tally all write-in votes and any other ballots not yet counted. Record the results in the tally list. d. Put all ballots in an envelope or other package and seal it. All members of the board shall sign their names across the seal of the envelope. The seal shall be placed so that the envelope or package cannot be opened without breaking the seal.

         Section History: Early Form

         [S13, § 1087-a17; C24, 27, 31, 35, 39, § 573; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.45] 

         Section History: Recent Form

         87 Acts, ch 221, §2; 89 Acts, ch 136, §14; 2002 Acts, ch 1134, §9,
      115; 2003 Acts, ch 44, §21, 22; 2007 Acts, ch 190, §15, 16; 2009
      Acts, ch 57, §7
        

43.46 DELIVERING RETURNS. The precinct election officials shall deliver all election supplies, by noon of the day after the close of the polls, to the commissioner who shall carefully preserve them and deliver the returns and envelopes containing ballots, in the condition in which received except as is otherwise required by sections 50.20 to 50.22, to the county board of supervisors.

         Section History: Early Form

         [S13, § 1087-a17; C24, 27, 31, 35, 39, § 574; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.46]
         Referred to in § 43.47
        

43.47 MESSENGER SENT FOR RETURNS. If the returns from any precinct are not delivered as provided in section 43.46, the commissioner shall forthwith send a messenger for the missing returns, and the messenger shall be paid as provided by section 50.47 for such services.

         Section History: Early Form

         [S13, § 1087-a17; C24, 27, 31, 35, 39, § 575; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.47]
        

43.48 PRECINCT COUNTS PUBLICLY AVAILABLE. The commissioner shall make available to the public the precinct counts produced by the voting equipment.

         Section History: Early Form

         [S13, § 1087-a17; C24, 27, 31, 35, 39, § 576; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.48] 

         Section History: Recent Form

         89 Acts, ch 136, §15; 2002 Acts, ch 1134, §10, 115; 2007 Acts, ch
      190, §17
        

43.49 CANVASS BY COUNTY BOARD. 1. On the Monday or Tuesday following the primary election, the board of supervisors shall meet, open and canvass the returns from each voting precinct in the county, and make abstracts thereof, stating in words written at length: a. The number of ballots cast in the county in each precinct by each political party, separately, for each office. b. The name of each person voted for and the number of votes given to each person for each different office. c. The votes of all write-in candidates who each received less than two percent of the votes cast for an office reported collectively under the heading "scattering". 2. If the day designated by this section for the canvass is a public holiday, the provisions of section 4.1, subsection 34, shall apply.

         Section History: Early Form

         [S13, § 1087-a19; C24, 27, 31, 35, 39, § 577; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.49] 

         Section History: Recent Form

         90 Acts, ch 1238, §3; 95 Acts, ch 189, §1; 2008 Acts, ch 1032,
      §201
         Referred to in § 43.67, 50.48, 331.383
        

43.50 SIGNING AND FILING OF ABSTRACT. The members of the board shall sign said abstracts and certify to the correctness thereof, and file the same with the commissioner.

         Section History: Early Form


         [S13, § 1087-a19; C24, 27, 31, 35, 39, § 578; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.50]
         Referred to in § 331.383
        

43.51 FINALITY OF CANVASS. Such canvass and certificate shall be final as to all candidates for nomination to any elective county office or office of a subdivision of a county.

         Section History: Early Form

         [S13, § 1087-a19; C24, 27, 31, 35, 39, § 579; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.51]
         Referred to in § 331.383
        

43.52 NOMINEES FOR COUNTY OFFICE. The nominee of each political party for any office to be filled by the voters of the entire county, or for the office of county supervisor elected from a district within the county, shall be the person receiving the highest number of votes cast in the primary election by the voters of that party for the office, and that person shall appear as the party's candidate for the office on the general election ballot. If no candidate receives thirty-five percent or more of the votes cast by voters of the candidate's party for the office sought, the primary is inconclusive and the nomination shall be made as provided by section 43.78, subsection 1, paragraphs "d" and "e". When two or more nominees are required, as in the case of at-large elections, the nominees shall likewise be the required number of persons who receive the greatest number of votes cast in the primary election by the voters of the nominating party, but no candidate is nominated who fails to receive thirty-five percent of the number of votes found by dividing the number of votes cast by voters of the candidate's party for the office in question by the number of persons to be elected to that office. If the primary is inconclusive under this paragraph, the necessary number of nominations shall be made as provided by section 43.78, subsection 1, paragraphs "d" and "e".

         Section History: Early Form

         [S13, § 1087-a19; C24, 27, 31, 35, 39, § 580; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.52]
         Referred to in § 43.53, 43.66, 43.67, 43.77
         Nomination by convention, § 43.97
        

43.53 NOMINEES FOR SUBDIVISION OFFICE -- WRITE-IN CANDIDATES. The nominee of each political party for any office to be filled by the voters of any political subdivision within the county shall be the person receiving the highest number of votes cast in the primary election by the voters of that party for the office. That person shall appear as the party's candidate for the office on the general election ballot. A person whose name is not printed on the official primary ballot shall not be declared nominated as a candidate for such office in the general election unless that person receives at least five votes. Nomination of a candidate for the office of county supervisor elected from a district within the county shall be governed by section 43.52 and not by this section.

         Section History: Early Form

         [S13, § 1087-a19; C24, 27, 31, 35, 39, § 581; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.53] 

         Section History: Recent Form

         95 Acts, ch 189, §2; 2005 Acts, ch 152, §5
         Referred to in § 43.54, 43.77, 43.116
        

43.54 RIGHT TO PLACE ON BALLOT. Each candidate nominated pursuant to section 43.53 is entitled to have the candidate's name printed on the official ballot to be voted for at the general election if the candidate files an affidavit in the form required by section 43.67 not later than five o'clock p.m. on the seventh day following the completion of the canvass.

         Section History: Early Form

         [S13, § 1087-a19; C24, 27, 31, 35, 39, § 582; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.54] 

         Section History: Recent Form

         89 Acts, ch 136, §16
        

43.55 NOMINEE CERTIFIED. The board of supervisors shall separately prepare and certify a list of the candidates of each party so nominated. It shall deliver to the chairperson of each party central committee for the county a copy of the list of candidates nominated by that party; and shall also certify and deliver to the chairperson a list of the offices to be filled by the voters of the county for which no candidate of that party was nominated, together with the names of all of the candidates for each of these offices who were voted for at the primary election and the number of votes received by each of such candidates.

         Section History: Early Form

         [S13, § 1087-a19; C24, 27, 31, 35, 39, § 583; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.55]
         Referred to in § 331.383
        

43.56 PRIMARY ELECTION RECOUNT PROVISIONS. 1. Recounts of votes for primary elections shall be conducted following the procedure outlined in section 50.48. However, if a recount is requested for an office for which no candidate has received the required thirty-five percent to be nominated, the recount board shall consist of the following persons: a. One person chosen by the candidate requesting the recount, who shall be named in the request. b. One person chosen by the candidate who received the highest number of votes for the nomination being recounted. However, if the candidate who requested the recount received more votes than anyone else for the nomination, the candidate who received the second highest number of votes shall designate this person to serve on the recount board. c. A third person mutually agreeable to the board members designated by the candidates. 2. A bond is not necessary for a primary election recount under these circumstances if the difference between the number of votes needed to be nominated and the number of votes received by the candidate requesting the recount is less than fifty votes or one percent of the total number of votes cast for the nomination in question, whichever is greater. If a bond is required, the bond shall be in the amount specified in section 50.48, subsection 2.

         Section History: Recent Form

         89 Acts, ch 136, §17; 2008 Acts, ch 1032, §201
        

43.57 AND 43.58 Repealed by 81 Acts, ch 34, § 48.

43.59 NUMBER OF VOTERS CERTIFIED. The commissioner shall certify to the state commissioner the total number of people who voted in the primary election in each political party.

         Section History: Recent Form

         93 Acts, ch 143, § 6
        

43.60 ABSTRACTS TO STATE COMMISSIONER. The county board of supervisors shall also make a separate abstract of the canvass as to the following offices and certify to the same and forthwith forward it to the state commissioner, viz.: 1. United States senator. 2. All state offices. 3. United States representative. 4. Senators and representatives in the general assembly.

         Section History: Early Form

         [S13, § 1087-a20; C24, 27, 31, 35, 39, § 588; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.60]
         Referred to in § 43.61, 50.48, 331.383
        

43.61 RETURNS FILED AND ABSTRACTS RECORDED. When the canvass is concluded, the board shall deliver the original returns to the commissioner, who shall file the same and record each of the abstracts mentioned in section 43.60, in the election book.

         Section History: Early Form

         [SS15, § 1087-a21; C24, 27, 31, 35, 39, § 589; C46, 50, 54,
      58, 62, 66, 71, 73, 75, 77, 79, 81, § 43.61]
         Referred to in § 331.383
        

43.62 PUBLICATION OF PROCEEDINGS. The published proceedings of the board of supervisors relative to the canvass shall be confined to a brief statement of: 1. The names of the candidates nominated by the electors of the county or subdivision thereof and the offices for which they are so nominated. 2. The offices for which no nomination was made by a political party participating in the primary, because of the failure of the candidate to receive the legally required number of votes cast by the party for such office.

         Section History: Early Form

         [SS15, § 1087-a21; C24, 27, 31, 35, 39, § 590; C46, 50, 54,
      58, 62, 66, 71, 73, 75, 77, 79, 81, § 43.62]
         Referred to in § 331.383
        

43.63 CANVASS BY STATE BOARD. Upon receipt of the abstracts of votes from the counties, the secretary of state shall immediately open the envelopes and canvass the results for all offices. The secretary of state shall invite to attend the canvass one representative from each political party which, at the last preceding general election, cast for its candidate for president of the United States or for governor, as the case may be, at least two percent of the total vote cast for all candidates for that office at that election, as determined by the secretary of state. The secretary of state shall notify the chairperson of each political party of the time of the canvass. However, the presence of a representative from a political party is not necessary for the canvass to proceed. Not later than the twenty-seventh day after the primary election, the secretary of state shall present to the state board of canvassers abstracts showing the number of ballots cast by each political party for each office and a summary of the results for each office, showing the votes cast in each county. The state board of canvassers shall review the results compiled by the secretary of state and, if the results are accurately tabulated, the state board shall approve the canvass.

         Section History: Early Form

         [S13, § 1087-a22; C24, 27, 31, 35, 39, § 591; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.63] 

         Section History: Recent Form

         95 Acts, ch 189, §3
         Referred to in § 43.67, 50.48
        

43.64 STATE CANVASS CONCLUSIVE. The canvass and certificates by the state board of canvassers shall be final as to all candidates named therein.

         Section History: Early Form

         [S13, § 1087-a22; C24, 27, 31, 35, 39, § 592; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.64]
        

43.65 WHO NOMINATED. The candidate of each political party for nomination for each office to be filled by the voters of the entire state, and for each seat in the United States house of representatives, the Iowa house of representatives and each seat in the Iowa senate which is to be filled, who receives the highest number of votes cast by the voters of that party for that nomination shall be the candidate of that party for that office in the general election. However, if there are more than two candidates for any nomination and none of the candidates receives thirty-five percent or more of the votes cast by voters of that party for that nomination, the primary is inconclusive and the nomination shall be made as provided by section 43.78, subsection 1, paragraph "a", "b" or "c", whichever is appropriate.

         Section History: Early Form

         [S13, § 1087-a22; C24, 27, 31, 35, 39, § 593; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.65]
         Referred to in § 43.66, 43.67, 43.77
         Nomination by convention, § 43.102, 43.109
        

43.66 WRITE-IN CANDIDATES. The fact that the candidate who receives the highest number of votes cast for any party's nomination for an office to which section 43.52 or 43.65 is applicable is a person whose name was not printed on the official primary election ballot shall not affect the validity of the person's nomination as a candidate for that office in the general election. However, if there is no candidate on the official primary ballot of a political party for nomination to a particular office, a write-in candidate may obtain the party's nomination to that office in the primary if the candidate receives a number of votes equal to at least thirty-five percent of the total vote cast for all of that party's candidates for that office in the last preceding primary election for which the party had candidates on the ballot for that office. If there have been no candidates from a political party for a seat in the general assembly since the most recent redistricting of the general assembly, a write-in candidate shall be considered nominated who receives a number of votes equal to at least thirty-five percent of the total votes cast, at the last preceding primary election in the precincts which currently constitute the general assembly district, for all of that party's candidates for representative in the Congress of the United States or who receives at least one hundred votes, whichever number is greater. When two or more nominees are required, the division procedure prescribed in section 43.52 shall be applied to establish the minimum number of write-in votes necessary for nomination. If the primary is inconclusive, the necessary nominations shall be made in accordance with section 43.78, subsection 1.

         Section History: Early Form

         [S13, § 1087-a25, -a26; C24, 27, 31, 35, 39, § 594, 625, 643;
      C46, 50, 54, 58, 62, 66, 71, 73, § 43.66, 43.98, 43.106; C75, 77, 79,
      81, § 43.66; 81 Acts, ch 34, § 2]
        

43.67 NOMINEE'S RIGHT TO PLACE ON BALLOT. 1. Each candidate nominated pursuant to section 43.52 or 43.65 is entitled to have the candidate's name printed on the official ballot to be voted at the general election without other certificate unless the candidate was nominated by write-in votes. Immediately after the completion of the canvass held under section 43.49, the county auditor shall notify each person who was nominated by write-in votes for a county office that the person is required to file an affidavit of candidacy if the person wishes to be a candidate for that office at the general election. Immediately after the completion of the canvass held under section 43.63, the secretary of state shall notify each person who was nominated by write-in votes for a state or federal office that the person is required to file an affidavit of candidacy if the person wishes to be a candidate for that office at the general election. If the affidavit is not filed by 5:00 p.m. on the seventh day after the completion of the canvass, that person's name shall not be placed upon the official general election ballot. The affidavit shall be signed by the candidate, notarized, and filed with the county auditor or the secretary of state, whichever is applicable. 2. The affidavit shall be in the form prescribed by the secretary of state. The affidavit shall include the following information: a. The candidate's name in the form the candidate wants it to appear on the ballot. b. The candidate's home address. c. The name of the county in which the candidate resides. d. The political party by which the candidate was nominated. e. The office sought by the candidate, and the district the candidate seeks to represent, if any. f. A declaration that if the candidate is elected the candidate will qualify by taking the oath of office. g. A statement that the candidate is aware that the candidate is required to organize a candidate's committee which shall file an organization statement and disclosure reports if the committee or the candidate receives contributions, makes expenditures, or incurs indebtedness in excess of the reporting threshold in section 68A.102, subsection 5. This subsection shall not apply to candidates for federal office. h. A statement that the candidate is aware of the prohibition in section 49.41 against being a candidate for more than one office to be filled at the same election, except county agricultural extension council and soil and water conservation district commission. i. A statement that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate's rights have not been restored by the governor or by the president of the United States.

         Section History: Early Form

         [S13, § 1087-a22; C24, 27, 31, 35, 39, § 595; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.67] 

         Section History: Recent Form

         86 Acts, ch 1224, § 3; 89 Acts, ch 136, §18; 90 Acts, ch 1238, §
      4; 91 Acts, ch 129, § 6; 94 Acts, ch 1180, §6; 96 Acts, ch 1034, § 2;
      98 Acts, ch 1052, § 2; 2001 Acts, ch 158, §7; 2005 Acts, ch 152, §6;
      2008 Acts, ch 1032, §201
         Referred to in § 43.54, 43.88
        

43.68 CERTIFIED LIST OF NOMINEES. The state board of canvassers shall prepare and certify separate lists of the candidates nominated by each party, as shown by the state canvass, and deliver to the chairperson of each party central committee for the state a copy of the list of candidates nominated by the party which said chairperson represents.

         Section History: Early Form

         [S13, § 1087-a22; C24, 27, 31, 35, 39, § 596; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.68]
        

43.69 CERTIFICATES IN CASE OF FAILURE TO NOMINATE. Said state board shall, at once after completing its canvass, prepare separate certificates for each political party as to each office for which no candidate was nominated by such party. Such certificates shall show the names of the several candidates for each of these offices who were voted for at the primary election and the number of votes received by each of said candidates. These certificates shall be sent to the respective chairpersons of the state central committee of each political party.

         Section History: Early Form

         [S13, § 1087-a22; C24, 27, 31, 35, 39, § 597, 598; C46, 50,
      54, 58, 62, 66, 71, 73, § 43.69; C75, § 43.69, 43.70; C77, 79, 81, §
      43.69]
        

43.70 Repealed by 75 Acts, ch 81, § 154.

43.71 MESSENGER SENT FOR ABSTRACTS. If returns of abstracts have not been received by the state canvassing board from all the counties by the time fixed for the state canvass, the state commissioner shall immediately send a messenger after the missing abstracts, and the board may adjourn from time to time until the abstracts are received.

         Section History: Early Form

         [S13, § 1087-a22; C24, 27, 31, 35, 39, § 599; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.71]
        

43.72 STATE RETURNS FILED AND RECORDED. When the canvass is concluded, the board shall deliver the original abstract returns to the state commissioner, who shall file the same in the state commissioner's office and record the abstracts of the canvass of the state board and certificates attached thereto in the book kept by the state commissioner known as the election book.

         Section History: Early Form

         [S13, § 1087-a23; C24, 27, 31, 35, 39, § 600; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.72]
        

43.73 STATE COMMISSIONER TO CERTIFY NOMINEES. Not less than sixty-nine days before the general election the state commissioner shall certify to each commissioner, under separate party headings, the name of each person nominated as shown by the official canvass made by the executive council, or as certified to the state commissioner by the proper persons when any person has been nominated by a convention or by a party committee, or by petition, the office to which the person is nominated, and the order in which federal and state offices, judges, constitutional amendments, and state public measures shall appear on the official ballot. The state commissioner shall similarly certify to the appropriate commissioner or commissioners at the earliest practicable time the names of nominees for a special election, called under section 69.14, submitted to the state commissioner pursuant to section 43.78, subsection 4.

         Section History: Early Form

         [C97, § 1105; S13, § 1087-a23; SS15, § 1105; C24, 27, 31, 35, 39,
      § 601, 602; C46, 50, 54, 58, 62, 66, 71, 73, § 43.73; C75, §
      43.73, 43.74; C77, 79, 81, § 43.73] 

         Section History: Recent Form

         89 Acts, ch 136, §19; 97 Acts, ch 170, § 3
         Referred to in § 49.37, 49.41
        

43.74 Repealed by 75 Acts, ch 81, § 154.

43.75 TIE VOTE. In case of a tie vote resulting in no nomination for any office, the tie shall forthwith be determined by lot by the board of canvassers.

         Section History: Early Form

         [S13, § 1087-a24; C24, 27, 31, 35, 39, § 603; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.75]
        

43.76 WITHDRAWAL OF NOMINATED CANDIDATES. 1. A candidate nominated in a primary election for any office for which nomination papers are required to be filed with the state commissioner may withdraw as a nominee for that office on or before, but not later than, the eighty-ninth day before the date of the general election by so notifying the state commissioner in writing. 2. A candidate nominated in a primary election for any office for which nomination papers are required to be filed with the commissioner may withdraw as a nominee for that office on or before, but not later than, the seventy- fourth day before the date of the general election by so notifying the commissioner in writing.

         Section History: Early Form

         [C66, 71, 73, 75, § 43.59(2); C77, 79, 81, § 43.76] 

         Section History: Recent Form

         89 Acts, ch 136, §20
         Referred to in § 43.77
         See also § 44.9
        

43.77 WHAT CONSTITUTES A BALLOT VACANCY. A vacancy on the general election ballot exists when any political party lacks a candidate for an office to be filled at the general election because: 1. No person filed under section 43.11 as a candidate for the party's nomination for that office in the primary election, or all persons who filed under section 43.11 as candidates for the party's nomination for that office in the primary election subsequently withdrew as candidates, were found to lack the requisite qualifications for the office or died before the date of the primary election, and no candidate received a sufficient number of write-in votes to be nominated. 2. The primary election was inconclusive as to that office because no candidate for the party's nomination for that office received the number of votes required by section 43.52, 43.53, or 43.65, whichever is applicable. 3. The person nominated in the primary election as the party's candidate for that office subsequently withdrew as permitted by section 43.76, was found to lack the requisite qualifications for the office, or died, at a time not later than the eighty-ninth day before the date of the general election in the case of an office for which nomination papers must be filed with the state commissioner and not later than the seventy-fourth day before the date of the general election in the case of an office for which nomination papers must be filed with the county commissioner. 4. A vacancy has occurred in the office of senator in the Congress of the United States, secretary of state, auditor of state, treasurer of state, secretary of agriculture, or attorney general, under the circumstances described in section 69.13, less than eighty-nine days before the primary election and not less than eighty-nine days before the general election. 5. A vacancy has occurred in the office of county supervisor or in any of the offices listed in section 39.17 and the term of office has more than seventy days remaining after the date of the next general election and one of the following circumstances applies: a. The vacancy occurred during the period beginning seventy-three days before the primary election and ending on the date of the primary election and no special election was called to fill the vacancy. b. The vacancy occurred after the date of the primary election and more than seventy-three days before the general election.

         Section History: Early Form

         [S13, § 1087-a24--1087-a27; C24, 27, 31, 35, 39, § 611, 624,
      628, 633, 636, 637; C46, 50, 54, 58, 62, 66, 71, 73, § 43.84,
      43.97, 43.101, 43.106, 43.109, 43.110; C75, § 43.84, 43.97, 43.101,
      43.109, 43.110; C77, 79, 81, § 43.77] 

         Section History: Recent Form

         89 Acts, ch 136, §21; 94 Acts, ch 1180, §7, 8; 2009 Acts, ch 57,
      §8
        

43.78 FILLING BALLOT VACANCIES. 1. A vacancy on the general election ballot may be filled by the political party in whose ticket the vacancy exists, as follows: a. For senator in the Congress of the United States or any office listed in section 39.9, by the party's state convention, which may be reconvened by the state party chairperson if the vacancy occurs after the convention has been held or too late to be filled at the time it is held. However, a vacancy so occurring with respect to the offices of secretary of state, auditor of state, treasurer of state or secretary of agriculture may be filled by the party's state central committee in lieu of reconvening the state convention. b. For representative in the Congress of the United States, by the party's congressional district convention, which may be convened or reconvened as appropriate by the state party chairperson. c. For senator or representative in the general assembly, by the party precinct committee members whose precincts lie within the senatorial or representative district involved, who shall be convened or reconvened as appropriate by the state party chairperson. The party's state constitution or bylaws may allow the voting strength of each precinct represented at such a convention to be made proportionate to the vote cast for the party's candidate for the office in question in the respective precincts at the last general election for that office. d. For any office to be filled by the voters of an entire county, by the party's county convention, which may be reconvened by the county party chairperson if the vacancy occurs after the convention has been held or too late to be filled at the time it is held. e. For the office of county supervisor elected by the voters of a district within the county, by the delegates to the party's county convention who represent the precincts lying within that district, who shall be convened or reconvened as appropriate by the county party chairperson. f. For any other partisan office filled by the voters of a subdivision of a county, by those members of the party's county central committee who represent the precincts lying within that district, who shall be convened or reconvened as appropriate by the county party chairperson. However, this paragraph shall not apply to partisan city offices in special charter cities for which candidates are nominated under this chapter, but such ballot vacancies shall be filled as provided by section 43.116. 2. The name of any candidate designated to fill a vacancy on the general election ballot in accordance with subsection 1, paragraph "a", "b", or "c" shall be submitted in writing to the state commissioner not later than five o'clock p.m. on the eighty-first day before the date of the general election. 3. The name of any candidate designated to fill a vacancy on the general election ballot in accordance with subsection 1, paragraph "d", "e", or "f" shall be submitted in writing to the commissioner not later than five o'clock p.m. on the sixty-ninth day before the date of the general election. 4. Political party candidates for a vacant seat in the United States house of representatives, the board of supervisors, the elected county offices, or the general assembly which is to be filled at a special election called pursuant to section 69.14 or 69.14A shall be nominated in the manner provided by subsection 1 of this section for filling a vacancy on the general election ballot for the same office. The name of a candidate so nominated shall be submitted in writing to the appropriate commissioner, as required by section 43.88, at the earliest practicable time.

         Section History: Early Form

         [S13, § 1087-a24--1087-a27; C24, 27, 31, 35, 39, § 604--607,
      608, 609, 611, 614, 624, 633, 636, 637; C46, 50, 54, 58, 62, 66,
      71, 73, § 43.76--43.79, 43.81, 43.82, 43.84, 43.87, 43.97, 43.101,
      43.106, 43.109, 43.110; C75, § 43.76--43.79, 43.81, 43.82, 43.84,
      43.87, 43.97, 43.101, 43.109, 43.110; C77, 79, 81, § 43.78] 

         Section History: Recent Form

         89 Acts, ch 136, § 22; 89 Acts, ch 215, § 1; 90 Acts, ch 1238, § 5

         Referred to in § 43.52, 43.65, 43.66, 43.73, 49.58, 331.254
         See chapter 69 for filling vacancies in office
        

43.79 DEATH OF CANDIDATE AFTER TIME FOR WITHDRAWAL. The death of a candidate nominated as provided by law for any office to be filled at a general election, during the period beginning on the eighty-eighth day before the general election, in the case of any candidate whose nomination papers were filed with the state commissioner, or beginning on the seventy-third day before the general election, in the case of any candidate whose nomination papers were filed with the commissioner, and ending on the last day before the general election shall not operate to remove the deceased candidate's name from the general election ballot. If the deceased candidate was seeking the office of senator or representative in the Congress of the United States, governor, attorney general, senator or representative in the general assembly or county supervisor, section 49.58 shall control. If the deceased candidate was seeking any other office, and as a result of the candidate's death a vacancy is subsequently found to exist, the vacancy shall be filled as provided by chapter 69.

         Section History: Early Form

         [S13, § 1087-a24a; C24, 27, 31, 35, 39, § 607; C46, 50, 54,
      58, 62, 66, 71, 73, 75, 77, 79, 81, § 43.79] 

         Section History: Recent Form

         89 Acts, ch 136, § 23; 97 Acts, ch 170, § 4
        

43.80 VACANCIES IN NOMINATIONS OF PRESIDENTIAL ELECTORS. Vacancies in nominations of presidential electors shall be filled by the party central committee for the state. The party central committee may at any time nominate alternate presidential electors to serve if the nominated or elected presidential electors are for any reason unable to perform their duties.

         Section History: Early Form

         [C31, 35, § 607-c1; C39, § 607.1; C46, 50, 54, 58, 62, 66, 71,
      73, 75, 77, 79, 81, § 43.80]
        

43.81 AND 43.82 Repealed by 75 Acts, ch 81, § 154.

43.83 VACANCIES IN OFFICE OF U. S. REPRESENTATIVE. A candidate to be voted on at a special election occasioned by a vacancy in the office of United States representative, shall be nominated by a convention duly called by the district central committee not less than twenty-five days prior to the date set for the special election.

         Section History: Early Form

         [S13, § 1087-a24; C24, 27, 31, 35, 39, § 610; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.83]
        

43.84 Repealed by 75 Acts, ch 81, § 154.

43.85 COUNTY CONVENTION RECONVENED. When a nomination is directed to be made by a district convention composed of more than one county, and the county convention in any county of the district has adjourned without selecting delegates to such convention, the county convention shall be reconvened for the purpose of making such selection.

         Section History: Early Form

         [C24, 27, 31, 35, 39, § 612; C46, 50, 54, 58, 62, 66, 71, 73,
      75, 77, 79, 81, § 43.85]
        

43.86 AND 43.87 Repealed by 75 Acts, ch 81, § 154.

43.88 CERTIFICATION OF NOMINATIONS. Nominations made by state, district, and county conventions, shall, under the name, place of residence, and post-office address of the nominee, and the office to which nominated, and the name of the political party making the nomination, be forthwith certified to the proper officer by the chairperson and secretary of the convention, or by the committee, as the case may be, and if such certificate is received in time, the names of such nominees shall be printed on the official ballot the same as if the nomination had been made in the primary election. Nominations made to fill vacancies at a special election shall be certified to the proper official not less than twenty-five days prior to the date set for the special election. In the event the special election is to fill a vacancy in the general assembly while it is in session or within forty-five days of the convening of any session, the nomination shall be certified not less than fourteen days before the date of the special election. Nominations certified to the proper official under this section shall be accompanied by an affidavit executed by the nominee in substantially the form required by section 43.67.

         Section History: Early Form

         [S13, § 1087-a24; C24, 27, 31, 35, 39, § 615; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.88; 81 Acts, ch 34, § 3] 

         Section History: Recent Form

         95 Acts, ch 189, §4; 97 Acts, ch 170, § 5
         Referred to in § 43.78
        

43.89 Repealed by 65 Acts, ch 89, § 15.

43.90 DELEGATES. The county convention shall be composed of delegates elected at the last preceding precinct caucus. Delegates shall be persons who are or will by the date of the next general election become eligible electors and who are residents of the precinct. The number of delegates from each voting precinct shall be determined by a ratio adopted by the respective party county central committees, and a statement designating the number from each voting precinct in the county shall be filed by such committee not later than the time the list of precinct caucus meeting places required by section 43.4 is filed in the office of the commissioner. If the required statement is not filed, the commissioner shall fix the number of delegates from each voting precinct.

         Section History: Early Form

         [S13, § 1087-a25; C24, 27, 31, 35, 39, § 617; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.90]
        

43.91 VOTER AT CAUCUS MUST BE PRECINCT RESIDENT. Any person voting at a precinct caucus must be a person who is or will by the date of the next general election become an eligible elector and who is a resident of the precinct. A list of the names and addresses of each person to whom a ballot was delivered or who was allowed to vote in each precinct caucus shall be prepared by the caucus chairperson and secretary who shall certify such list to the commissioner at the same time as the names of those elected as delegates and party committee members are so certified.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 43.91]
        

43.92 DATE OF CAUCUS PUBLISHED. The date, time, and place of each precinct caucus of a political party shall be published at least twice in at least one newspaper of general circulation in the precinct. The first publication shall be made not more than fifteen days nor less than seven days before the date of the caucus and the second shall be made not more than seven days before and not later than the date of the caucus. Such publication shall also state in substance that each voter affiliated with the specified political party may attend the precinct caucus. Publication in a news item or advertisement in such newspaper shall constitute publication for the purposes of this section. The cost of such publication, if any, shall be paid by the political party.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 43.92; 81 Acts, ch 34, § 4]
        

43.93 PLACE OF HOLDING CAUCUS. Each precinct caucus shall be held in a building which is publicly owned or is suitable for and from time to time made available for holding public meetings wherever it is possible to do so. Upon the application of the county chairperson, the person having control of a building supported by taxation under the laws of this state shall make available the space necessary to conduct the caucus without charge during presidential election years and at a charge not greater than that made for its use by other groups during other years. When using public buildings, the county chairpersons shall cooperate to attempt the collocation of the caucuses.

         Section History: Early Form

         [C77, 79, 81, § 43.93] 

         Section History: Recent Form

         86 Acts, ch 1224, § 4
        

43.94 TERM OF OFFICE OF DELEGATES. The term of office of delegates to the county convention shall begin on the day following their election at the precinct caucus, and shall continue for two years and until their successors are elected.

         Section History: Early Form

         [S13, § 1087-a25; C24, 27, 31, 35, 39, § 621; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.94]
        

43.95 CALLING CONVENTION TO ORDER. When the delegates, or a majority thereof, or when delegates representing a majority of the precincts, thus elected, shall have assembled in the county convention, the convention shall be called to order by the chairperson of the county central committee, who shall present the certified list of delegates and members of the county central committee. If the convention is being held after the primary election, the chairperson shall also present a list of the offices for which no nomination was made at the primary election by reason of the failure of any candidate for any such office to receive the legally required number of votes cast by such party therefor.

         Section History: Early Form

         [S13, § 1087-a25; C24, 27, 31, 35, 39, § 622; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.95]
        

43.96 PROXIES PROHIBITED. If any precinct shall not be fully represented the delegates present from such precinct shall cast the full vote thereof, if the rules of the convention, party bylaws or constitution so permit, and there shall be no proxies.

         Section History: Early Form

         [S13, § 1087-a25; C24, 27, 31, 35, 39, § 623; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.96]
        

43.97 DUTIES PERFORMABLE BY COUNTY CONVENTION. The said county convention shall: 1. Make nominations to fill vacancies on the general election ballot as provided by law. 2. Transact such other business as required or permitted by the political party's state constitution or bylaws, or the rules of the convention. 3. Elect delegates to the next ensuing regular state convention and to all district conventions of that year upon such ratio of representation as may be determined by the party organization for the state, district or districts of the state, as the case may be. Delegates to district conventions need not be selected in the absence of any apparent reason therefor. Delegates shall be persons who are or will by the date of the next general election become eligible electors and who are residents of the county.

         Section History: Early Form

         [S13, § 1087-a25; C24, 27, 31, 35, 39, § 624; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.97]
         Legally required vote, § 43.52, 43.53
        

43.98 Repealed by 73 Acts, ch 136, § 401.

43.99 PARTY COMMITTEE PERSONS. Two members of the county central committee for each political party shall, at the precinct caucuses, be elected from each precinct. The term of office of a member shall begin at the time specified by the party's state constitution or bylaws and shall continue for two years and until a successor is elected and qualified, unless sooner removed by the county central committee for inattention to duty or incompetency. The party's state constitution or bylaws may permit the election of additional central committee members from each precinct in a number proportionate to the vote cast for the party's candidates for office in the respective precincts at preceding general elections.

         Section History: Early Form

         [S13, § 1087-a25; C24, 27, 31, 35, 39, § 626; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.99]
        

43.100 CENTRAL COMMITTEE -- DUTIES. The county central committee shall elect the officers of the committee. Each member shall be given written notice at least five days in advance of the time and place of any meeting scheduled for the election of officers. Every county central committee shall adopt a constitution and bylaws which shall govern the committee's operation. A copy of the constitution and bylaws so adopted shall be kept on file at the office of the commissioner for the county in which the central committee exists and at the office of the state commissioner. Amendments to a county central committee's constitution or bylaws shall upon adoption be filed in the same manner as the original documents. Vacancies in such committee may be filled by majority vote of the committee, or at a precinct caucus called pursuant to the party's state constitution or bylaws.

         Section History: Early Form

         [S13, § 1087-a25; C24, 27, 31, 35, 39, § 627; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.100] 

         Section History: Recent Form

         86 Acts, ch 1224, § 5
         Referred to in § 68A.102
        

43.101 COUNTY CENTRAL COMMITTEE OFFICERS. The county central committee shall elect a chair, co-chair, secretary, treasurer, and other officers as it may determine. The term of office of an officer begins at the time specified by the party's state constitution or bylaws and continues for two years and until the officer's successor is elected and qualified, unless the officer dies, resigns or is sooner removed by the county central committee for inattention to duty or incompetency.

         Section History: Recent Form

         86 Acts, ch 1224, § 6
        

43.102 DISTRICT CONVENTIONS. Each political party may hold a congressional district convention upon the call of the state party chairperson to: 1. Elect or nominate members of the party's state central committee. 2. Make nominations to fill vacancies on the general election ballot as provided by law. 3. Transact such other business as required or permitted by the party's state constitution or bylaws, or the rules of the convention.

         Section History: Early Form

         [S13, § 1087-a26; C24, 27, 31, 35, 39, § 628, 633; C46, 50,
      54, 58, 62, 66, 71, 73, § 43.101, 43.106; C75, 77, 79, 81, § 43.101]
      

         Section History: Recent Form

         C87, § 43.102
         Legally required vote, § 43.65
        

43.103 DUTY OF COUNTY COMMISSIONER. The commissioner, in case the district delegates for the commissioner's county have not been selected, shall deliver a copy of said call to the chairperson of the convention which selects said delegates.

         Section History: Early Form

         [S13, § 1087-a26; C24, 27, 31, 35, 39, § 630; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.103]
        

43.104 ORGANIZATION. The organization of a district convention and the procedure therein shall be substantially the same as in the state convention.

         Section History: Early Form

         [S13, § 1087-a26; C24, 27, 31, 35, 39, § 631; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.104]
         Organization of state convention, § 43.108
        

43.105 Repealed by 75 Acts, ch 81, § 154.

43.106 Repealed by 74 Acts, ch 1101, § 105.

43.107 STATE CONVENTION. Each political party shall hold a state convention either preceding or following the primary election. The state central committee of each political party shall designate the time and place of the state convention, which shall transact such business as is required or permitted by the party's state constitution or bylaws or by the rules of the convention.

         Section History: Early Form

         [S13, § 1087-a27; C24, 27, 31, 35, 39, § 634; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.107]
         Referred to in § 43.111
        

43.108 ORGANIZATION -- PROXIES PROHIBITED. The convention shall be called to order by the chairperson of the state central committee, or that individual's designee who shall thereupon present a list of delegates, as certified by the various county conventions, and effect a temporary organization. If any county shall not be fully represented, the delegates present from such county shall cast the full vote thereof if the rules of the convention, party bylaws or constitution so allow, and there shall be no proxies.

         Section History: Early Form

         [S13, § 1087-a27; C24, 27, 31, 35, 39, § 635; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.108]
         Organization of district convention, § 43.104
        

43.109 NOMINATIONS AUTHORIZED. The state convention may make nominations to fill vacancies on the general election ballot as provided by law.

         Section History: Early Form

         [S13, § 1087-a27; C24, 27, 31, 35, 39, § 636; C46, 50, 54, 58,
      62, 66, 71, 73, § 43.109; C75, § 43.109, 43.110; C77, 79, 81, §
      43.109]
         Legally required vote, § 43.65
        

43.110 Repealed by 75 Acts, ch 81, § 154.

43.111 STATE PARTY PLATFORM, CONSTITUTION, BYLAWS AND CENTRAL COMMITTEE. The state convention held by each political party pursuant to section 43.107 shall adopt a state platform, adopt or amend a state party constitution, and bylaws if desired, and transact other business which may properly be brought before it. A copy of the constitution and any bylaws so adopted or amended shall be kept on file in the office of the state commissioner. There shall be selected at or prior to each political party's state convention a state party central committee consisting of an equal number of members from each congressional district, which number shall be determined by the party constitution or bylaws, who shall be elected or nominated by the district convention or caucus. The state central committee so selected may organize at pleasure for political work as is usual and customary with such committees, adopt bylaws, provide for the governing of party auxiliary bodies, and shall continue to act until succeeded by another central committee selected as required by this section. The receipts and disbursements of each political party's state party central committee shall be audited annually by a certified public accountant selected by the state party central committee and the audit report shall be filed with the state commissioner.

         Section History: Early Form

         [S13, § 1087-a27; C24, 27, 31, 35, 39, § 638; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.111]
         Referred to in § 48A.25, 68A.102
        

43.112 NOMINATIONS IN CERTAIN CITIES. This chapter shall, so far as applicable, govern the nominations of candidates by political parties for all offices to be filled by a direct vote of the people in cities acting under a special charter in 1973 and having a population of over fifty thousand, except all such cities as choose by special election to conduct nonpartisan city elections under the provisions of chapter 44, 45, or 376. An election on the question of conducting city elections in such a special charter city on a nonpartisan basis may be called by the city council on its own initiative, and shall be called by the council upon receipt of a petition of the voters which so requests and is presented in conformity with section 362.4, but a special election on that question shall be held concurrently with any election being held on the first Tuesday after the first Monday in November of any odd-numbered year. Sections 43.114 to 43.118 shall apply only to cities to which this chapter is made applicable by this section.

         Section History: Early Form

         [S13, § 1087-a34; C24, 27, 31, 35, 39, § 639; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.112; 82 Acts, ch 1097, § 1]
         Referred to in § 43.114, 43.115, 43.116, 43.117, 45.1, 376.3
         See chapter 376
        

43.113 Repealed by 75 Acts, ch 81, § 154.

43.114 TIME OF HOLDING SPECIAL CHARTER CITY PRIMARY. In special charter cities holding a city primary election under the provisions of section 43.112 such primary shall be held on the first Tuesday in October of the year in which regular city elections are held.

         Section History: Early Form

         [S13, § 1087-a34; C24, 27, 31, 35, 39, § 641; C46, 50, §
      43.114, 420.2; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 43.114] 

         Section History: Recent Form

         2002 Acts, ch 1134, §11, 115
         Referred to in § 43.112, 43.115, 376.3
        

43.115 NOMINATION PAPERS -- NUMBER OF SIGNERS. All candidates for nominations to be made in primary elections held pursuant to section 43.112 shall file nomination papers with the city clerk no later than five p.m. forty days before the date of the election as established by section 43.114, except that candidates for precinct committee member shall file affidavits of candidacy as required by section 420.130. The number of eligible electors signing petitions required for printing the name of a candidate upon the official primary ballot shall be one hundred for an office to be filled by the voters of the entire city and twenty-five for an office to be filled by the voters of a subdivision of the city. A candidate for precinct committee member may also file as a candidate for one additional office, any statute to the contrary notwithstanding. Objections to nomination petitions and certificates of nominations shall be filed and decided as provided in section 43.24.

         Section History: Early Form

         [S13, § 1087-a34; C24, 27, 31, 35, 39, § 642; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.115] 

         Section History: Recent Form

         84 Acts, ch 1291, § 2; 88 Acts, ch 1119, § 7; 90 Acts, ch 1238, §
      6
         Referred to in § 43.112, 43.116, 376.3
        

43.116 BALLOT VACANCIES IN SPECIAL CHARTER CITY ELECTIONS. 1. A vacancy on the ballot for an election at which city officers are to be chosen, and for which candidates have been nominated under this chapter, exists when any political party lacks a candidate for an office to be filled at that election because: a. No person filed at the time required by section 43.115 as a candidate for the party's nomination for that office in the city primary election held under section 43.112, or all persons who did so subsequently withdrew as candidates, were found to lack the requisite requirements for the office or died before the date of the city primary election, and no candidate received a number of write-in votes sufficient for nomination under section 43.53; or b. The person nominated in the city primary election as the party's candidate for that office withdrew by giving written notice to that effect to the city clerk not later than five o'clock p.m. on the day of the canvass of that city primary election. 2. A ballot vacancy as defined by this section may be filled by the city central committee of the party on whose ticket the vacancy exists or, in the case of an officer elected by the voters of a district within the city, by those members of the committee who represent the precincts lying within that district. The name of a candidate so designated to fill such a ballot vacancy shall be submitted in writing to the city clerk not later than five o'clock p.m. on the seventh day following the city primary election. 3. If a special election is held to fill a vacancy in an elective city office, nominations by political parties shall be made following the provisions of subsection 2.

         Section History: Early Form

         [C77, 79, 81, § 43.116] 

         Section History: Recent Form

         97 Acts, ch 170, § 6
         Referred to in § 43.78, 43.112, 376.3
        

43.117 PLURALITY VOTE NOMINATES AND ELECTS. A plurality shall nominate the party candidate for all offices filled by elections authorized by section 43.112, and a plurality shall elect the precinct committee members.

         Section History: Early Form

         [S13, § 1087-a34; C24, 27, 31, 35, 39, § 644; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.117]
         Referred to in § 43.112, 376.3
        

43.118 EXPENSE. The entire expense of conducting the city primary election and preparation of election registers shall be audited by the city council and paid by the city.

         Section History: Early Form

         [S13, § 1087-a34; C24, 27, 31, 35, 39, § 645; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.118] 

         Section History: Recent Form

         2002 Acts, ch 1134, §12, 115
         Referred to in § 43.112, 376.3
        

43.119 AND 43.120 Repealed by 2002 Acts, ch 1071, § 15. See § 39A.2--39A.4.

43.121 NOMINATIONS BY PETITION OR NONPARTY ORGANIZATIONS. This chapter shall not be construed to prohibit nomination of candidates for office by petition, or by nonparty organizations, as provided in chapters 44 and 45, but no person so nominated shall be permitted to use the name, or any part thereof, of any political party authorized or entitled under this chapter to nominate a ticket by primary vote, or that has nominated a ticket by primary vote under this chapter.

         Section History: Early Form

         [S13, § 1087-a29; C24, 27, 31, 35, 39, § 648; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 43.121]
         Referred to in § 44.18
        

43.122 Repealed by 73 Acts, ch 136, § 401.

43.123 NOMINATION OF LIEUTENANT GOVERNOR. Notwithstanding this chapter and any other statute relating to the nomination of a person for the office of lieutenant governor, the nomination of a person for the office of lieutenant governor for the general election in the year 1990 and each four years thereafter shall be held at the state convention of the political party. The nomination of a person for the office of lieutenant governor by a nonparty political organization shall be the procedure specified in chapter 44.

         Section History: Recent Form

         88 Acts, ch 1121, § 1; 89 Acts, ch 83, §15

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