CHAPTER 44 NOMINATIONS BY NONPARTY POLITICAL ORGANIZATIONS
See also definitions in § 39.3

44.1 POLITICAL NONPARTY ORGANIZATIONS.
44.2 NOMINATIONS CERTIFIED.
44.3 CERTIFICATE.
44.4 NOMINATIONS AND OBJECTIONS -- TIME AND PLACE OF FILING.
44.5 NOTICE OF OBJECTIONS.
44.6 HEARING BEFORE STATE COMMISSIONER.
44.7 HEARING BEFORE COMMISSIONER.
44.8 HEARING BEFORE MAYOR.
44.9 WITHDRAWALS.
44.10 EFFECT OF WITHDRAWAL.
44.11 VACANCIES FILLED.
44.12 INSUFFICIENT TIME FOR CONVENTION.
44.13 CERTIFICATES IN MATTER OF VACANCIES.
44.14 FILING OF CERTIFICATES.
44.15 PRESUMPTION OF VALIDITY.
44.16 RETURN OF PAPERS -- ADDITIONS NOT ALLOWED.
44.17 NOMINATIONS BY PETITION.
44.18 AFFILIATION ON VOTER REGISTRATION FORM.



        

44.1 POLITICAL NONPARTY ORGANIZATIONS. Any convention or caucus of eligible electors representing a political organization which is not a political party as defined by law, may, for the state, or for any division or municipality thereof, or for any county, or for any subdivision thereof, for which such convention or caucus is held, make one nomination of a candidate for each office to be filled therein at the general election. However, in order to qualify for any nomination made for a statewide elective office by such a political organization there shall be in attendance at the convention or caucus where the nomination is made a minimum of two hundred fifty eligible electors including at least one eligible elector from each of twenty-five counties. In order to qualify for any nomination to the office of United States representative there shall be in attendance at the convention or caucus where the nomination is made a minimum of fifty eligible electors who are residents of the congressional district including at least one eligible elector from each of at least one-half of the counties of the congressional district. In order to qualify for any nomination to an office to be filled by the voters of a county or of a city there shall be in attendance at the convention or caucus where the nomination is made a minimum of ten eligible electors who are residents of the county or city, as the case may be, including at least one eligible elector from at least one-half of the voting precincts in that county or city. In order to qualify for any nomination made for the general assembly there shall be in attendance at the convention or caucus where the nomination is made a minimum of ten eligible electors who are residents of the representative district or twenty eligible electors who are residents of the senatorial district, as the case may be, with at least one eligible elector from one-half of the voting precincts in the district in each case. The names of all delegates in attendance at such convention or caucus and such fact shall be certified to the state commissioner together with the other certification requirements of this chapter.

         Section History: Early Form

         [C97, § 1098; C24, § 649; C27, 31, 35, § 655-a1; C39, §
      655.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 44.1]
         Referred to in § 44.2
         Political party defined, § 43.2
        

44.2 NOMINATIONS CERTIFIED. Nominations made under section 44.1 shall be certified by the chairperson and secretary of the convention or caucus, who shall enter their place of residence opposite their signatures, and attach to said certificate their affidavit to the effect that the certificate is true.

         Section History: Early Form

         [C97, § 1099; C24, § 650; C27, 31, 35, § 655-a2; C39, §
      655.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 44.2]
         Referred to in § 44.3
        

44.3 CERTIFICATE. 1. The certificate required by section 44.2 shall state the following information: a. The name of each candidate nominated. b. The office to which each candidate is nominated. c. The name of the political organization making such nomination, expressed in not more than five words. d. The place of residence of each nominee, with the street or number thereof, if any. e. In case of presidential candidates, the names and addresses of presidential electors shall be stated, and the names of the candidates for president and vice president shall be added to the name of the organization. f. The name and address of each member of the organization's executive or central committee. g. The provisions, if any, made for filling vacancies in nominations. h. The name and address of each delegate or voter in attendance at a convention or caucus where a nomination is made. 2. Each candidate nominated by the convention or caucus shall complete and file a signed, notarized affidavit of candidacy. 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 name of the political organization 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

         [C97, § 1099; C24, § 650; C27, 31, 35, § 655-a3; C39, §
      655.03; C46, 50, 54, 58, 62, 66, 71, 73, § 44.3; C75, § 44.3,
      56.5(4); C77, 79, 81, § 44.3; 81 Acts, ch 34, § 5, ch 35, § 17] 

         Section History: Recent Form

         90 Acts, ch 1238, §7; 91 Acts, ch 129, §7; 94 Acts, ch 1023, §78;
      94 Acts, ch 1180, §9; 98 Acts, ch 1052, § 3; 2001 Acts, ch 158, §8
         Additional certification, § 44.13
        

44.4 NOMINATIONS AND OBJECTIONS -- TIME AND PLACE OF FILING. 1. Nominations made pursuant to this chapter and chapter 45 which are required to be filed in the office of the state commissioner shall be filed in that office not more than ninety-nine days nor later than 5:00 p.m. on the eighty-first day before the date of the general election to be held in November. Nominations made for a special election called pursuant to section 69.14 shall be filed by 5:00 p.m. not less than twenty-five days before the date of an election called upon at least forty days' notice and not less than fourteen days before the date of an election called upon at least eighteen days' notice. Nominations made for a special election called pursuant to section 69.14A shall be filed by 5:00 p.m. not less than twenty-five days before the date of the election. Nominations made pursuant to this chapter and chapter 45 which are required to be filed in the office of the commissioner shall be filed in that office not more than ninety-two days nor later than 5:00 p.m. on the sixty-ninth day before the date of the general election. Nominations made pursuant to this chapter or chapter 45 for city office shall be filed not more than seventy-two days nor later than 5:00 p.m. on the forty-seventh day before the city election with the city clerk, who shall process them as provided by law. 2. a. Objections to the legal sufficiency of a certificate of nomination or nomination petition or to the eligibility of a candidate may be filed by any person who would have the right to vote for a candidate for the office in question. The objections must be filed with the officer with whom the certificate or petition is 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) Those filed with the city clerk, at least forty-two days before the regularly scheduled or special city election. However, for those cities that may be required to hold a primary election, at least sixty-three days before the regularly scheduled or special city election. (4) In the case of nominations to fill vacancies occurring after the time when an original nomination for an office is required to be filed, objections shall be filed within three days after the filing of the certificate. b. Objections shall be filed no later than 5:00 p.m. on the final date for filing.

         Section History: Early Form

         [C97, § 1103; C24, § 654; C27, 31, 35, § 655-a4; C39, §
      655.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 44.4]
      

         Section History: Recent Form

         87 Acts, ch 221, § 3; 88 Acts, ch 1119, § 8; 88 Acts, ch 1246, §
      1; 89 Acts, ch 136, § 24; 90 Acts, ch 1238, § 8; 95 Acts, ch 189, §5;
      97 Acts, ch 170, § 7; 98 Acts, ch 1123, § 2; 2002 Acts, ch 1134, §13,
      115; 2008 Acts, ch 1032, §201
         Referred to in § 49.31, 99F.7, 331.237, 331.323, 376.4
         See § 45.4
        

44.5 NOTICE OF OBJECTIONS. When objections are filed, notice shall immediately be given to the affected candidate. The notice shall be addressed to the candidate's place of residence as given in the certificate of nomination, stating that objections have been made to the certificate. The notice shall include the time and place of the hearing at which the objections will be considered. The hearing shall be held not later than one week after the objection is filed.

         Section History: Early Form

         [C97, § 1103; C24, § 654; C27, 31, 35, § 655-a5; C39, §
      655.05; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 44.5]
      

         Section History: Recent Form

         2009 Acts, ch 57, §9
         Referred to in § 376.4
        

44.6 HEARING BEFORE STATE COMMISSIONER. Objections filed with the state commissioner shall be considered by the secretary of state and auditor of state and attorney general, and a majority decision shall be final; but if the objection is to the certificate of nomination of one or more of the above named officers, said officer or officers so objected to shall not pass upon the same, but their places shall be filled, respectively, by the treasurer of state, the governor, and the secretary of agriculture.

         Section History: Early Form

         [C97, § 1103; C24, § 654; C27, 31, 35, § 655-a6; C39, §
      655.06; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 44.6]
        

44.7 HEARING BEFORE COMMISSIONER. Objections filed with the commissioner shall be considered by the county auditor, county treasurer, and county attorney, and a majority decision shall be final; but if the objection is to the certificate of nomination of one or more of the above named county officers, the officer or officers objected to shall not pass upon the objection, but their places shall be filled, respectively, by the chairperson of the board of supervisors, the sheriff, and the county recorder.

         Section History: Early Form

         [C97, § 1103; C24, § 654; C27, 31, 35, § 655-a7; C39, §
      655.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 44.7]
      

         Section History: Recent Form

         83 Acts, ch 186, § 10016, 10201
         Referred to in § 331.306, 331.505, 331.552, 331.602, 331.756(14)
        

44.8 HEARING BEFORE MAYOR. 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 the official's place shall be filled by a member of the council against whom no such objection exists, chosen as above provided. The hearing shall be held within twenty-four hours of the receipt of the objection if a primary election must be held for the office sought by the candidate against whom the objection has been filed.

         Section History: Early Form

         [C97, § 1103; C24, § 654; C27, 31, 35, § 655-a8; C39, §
      655.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 44.8]
      

         Section History: Recent Form

         88 Acts, ch 1119, § 9
         Referred to in § 362.4, 376.4
        

44.9 WITHDRAWALS. Any candidate named under this chapter may withdraw the candidate's nomination by a written request filed as follows: 1. In the office of the state commissioner, at least seventy-four days before the date of the election. 2. In the office of the proper commissioner, at least sixty-four days before the date of the election. 3. In the office of the proper school board secretary, at least thirty-five days before the day of a regularly scheduled school election. 4. In the office of the state commissioner, in case of a special election to fill vacancies in Congress or the general assembly, not more than: a. Twenty days after the date on which the governor issues the call for a special election to be held on at least forty days' notice. b. Five days after the date on which the governor issues the call for a special election to be held on at least ten but less than forty days' notice. 5. In the office of the proper commissioner or school board secretary in case of a special election to fill vacancies, at least twenty-five days before the day of election. 6. In the office of the proper city clerk, at least forty- two days before the regularly scheduled or special city election. However, for those cities that may be required to hold a primary election, at least sixty-three days before a regularly scheduled or special city election.

         Section History: Early Form

         [C97, § 1101; SS15, § 1101; C24, § 652; C27, 31, 35, § 655-a9;
      C39, § 655.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      44.9] 

         Section History: Recent Form

         87 Acts, ch 221, § 4, 5; 89 Acts, ch 136, §25; 91 Acts, ch 129, §
      8; 98 Acts, ch 1123, § 3
         Referred to in § 44.11, 376.4
         See § 43.76, 45.4, 376.4
        

44.10 EFFECT OF WITHDRAWAL. No name so withdrawn shall be printed on the official ballot under such nomination.

         Section History: Early Form

         [C97, § 1101; SS15, § 1101; C24, § 652; C27, 31, 35, § 655-a10;
      C39, § 655.10; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      44.10]
         See § 45.4
        

44.11 VACANCIES FILLED. If a candidate named under this chapter withdraws before the deadline established in section 44.9, declines a nomination, or dies before election day, or if a certificate of nomination is held insufficient or inoperative by the officer with whom it is required to be filed, or in case any objection made to a certificate of nomination, or to the eligibility of any candidate named in the certificate, is sustained by the board appointed to determine such questions, the vacancy or vacancies may be filled by the convention, or caucus, or in such manner as such convention or caucus has previously provided. The vacancy or vacancies shall be filled not less than seventy-four days before the election in the case of nominations required to be filed with the state commissioner, not less than sixty-four days before the election in the case of nominations required to be filed with the commissioner, not less than thirty-five days before the election in the case of nominations required to be filed in the office of the school board secretary, and not less than forty-two days before the election in the case of nominations required to be filed with the city clerk.

         Section History: Early Form

         [C97, § 1102; C24, § 653; C27, 31, 35, § 655-a11; C39, §
      655.11; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 44.11]
      

         Section History: Recent Form

         89 Acts, ch 136, §26; 97 Acts, ch 170, § 8
         Referred to in § 44.14, 44.17
        

44.12 INSUFFICIENT TIME FOR CONVENTION. If the time is insufficient for again holding such convention or caucus, or in case no such previous provisions have been made, such vacancy shall be filled by the regularly elected or appointed executive or central committee of the particular division or district representing the political organization holding such convention, or caucus.

         Section History: Early Form

         [C97, § 1102; C24, § 653; C27, 31, 35, § 655-a12; C39, §
      655.12; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 44.12]

        

44.13 CERTIFICATES IN MATTER OF VACANCIES. The certificates of nominations made to supply such vacancies shall state, in addition to the facts and candidate's affidavit required in an original certificate, the name of the original nominee, the date of death or declination of nomination, or the fact that the former nomination has been held insufficient or inoperative, and the measures taken in accordance with the above requirements for filling a vacancy, and shall be signed and sworn to by the presiding officer and secretary of the convention, or caucus, or by the chairperson and secretary of the committee, as the case may be.

         Section History: Early Form

         [C97, § 1102; C24, § 653; C27, 31, 35, § 655-a13; C39, §
      655.13; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 44.13;
      81 Acts, ch 34, § 6]
         Referred to in § 44.14
         Original certificates, § 44.3
        

44.14 FILING OF CERTIFICATES. Certificates of nominations made to fill vacancies, as required by section 44.13, shall be filed with the officer designated and at the time required by section 44.11.

         Section History: Early Form

         [C97, § 1104; SS15, § 1104; C24, § 655; C27, 31, 35, § 655-a14;
      C39, § 655.14; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      44.14]
        

44.15 PRESUMPTION OF VALIDITY. Certificates thus filed, and being apparently in conformity with law, shall be regarded as valid, unless objection in writing thereto shall be made, and, under proper regulations, shall be open to public inspection, and preserved by the receiving officer for not less than six months after the election is held.

         Section History: Early Form

         [C97, § 1104; SS15, § 1104; C24, § 655; C27, 31, 35, § 655-a15;
      C39, § 655.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      44.15]
         See § 45.4
        

44.16 RETURN OF PAPERS -- ADDITIONS NOT ALLOWED. After a nomination petition or certificate has been filed, it shall not be returned to the candidate or person who has filed the document, and no signature or other information shall be added to the nomination petition or certificate.

         Section History: Early Form

         [C97, § 1104; SS15, § 1104; C24, § 655; C27, 31, 35, § 655-a16;
      C39, § 655.16; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      44.16] 

         Section History: Recent Form

         93 Acts, ch 143, § 7
        

44.17 NOMINATIONS BY PETITION. In lieu of holding a caucus or convention, a nonparty political organization may nominate by petition pursuant to chapter 45 not more than one candidate for any partisan office to be filled at the general election. The nonparty political organization may also file with the appropriate commissioner a list of the names and addresses of the organization's central committee members, and the chairperson and secretary of the organization. The organization may also place on file a description of the method that the organization will follow to fill any vacancies resulting from the death, withdrawal, or disqualification of any of its candidates that were nominated by petition. If this information is filed before the close of the filing period for the general election, substitutions may be made pursuant to section 44.11.

         Section History: Recent Form

         97 Acts, ch 170, §9
         Referred to in § 54.5
        

44.18 AFFILIATION ON VOTER REGISTRATION FORM. 1. A nonparty political organization that nominated a candidate whose name appeared on the general election ballot for a federal office, for governor, or for any other statewide elective office in any of the preceding ten years may request registration of voters showing their affiliation with the nonparty political organization pursuant to this section. 2. The organization shall file the following documents with the state registrar of voters on or before December 1 of an even-numbered year: a. A petition in the form prescribed by the registrar and signed by no fewer than eight hundred fifty eligible electors residing in at least five counties in the state. The petition shall include the official name of the organization; the organization's name as the organization requests it to appear on the voter registration form if different from the organization's official name; and the name, address, and telephone number of the contact person for the organization. Each person who signs the petition shall include the person's signature, printed name, residence address with house number, street name, city, and county, and the date the person signed the petition. b. A copy of the nonparty political organization's articles of incorporation, bylaws, constitution, or other document relating to establishment of the organization. Such copy shall be certified as a true copy of the original by the custodian of the original document. c. An application form prescribed by the state registrar of voters. The form shall include all of the following: (1) The official name of the nonparty political organization. (2) The name, address, and telephone number of the contact person for the organization who is responsible for the application. (3) The signature of the chief executive officer of the organization approving the application. (4) The organization's name as the organization requests it to appear on the voter registration form if different from the organization's official name. 3. The nonparty political organization's name and its name as listed on the voter registration form shall conform to the requirements of section 43.121. The registrar shall not invalidate the application solely because the registrar finds the official name of the organization or the name to be included on the voter registration form to be unacceptable. If the registrar finds the name to be unacceptable, the registrar shall contact the organization and provide assistance in identifying an appropriate official name for the organization and for identifying the organization on the voter registration form. A determination by the registrar that the official name or voter registration form name requested is acceptable for use within the voter registration system is final. 4. The registrar and the voter registration commission may require biennial filings to update contact information. 5. Beginning in January 2011, and each odd-numbered year thereafter, the registrar and the voter registration commission may review the number of voters registered as affiliated with a nonparty political organization. If the number of registrants, including both active and inactive voters, is fewer than 150, the commission shall declare the organization to be dormant for purposes of voter registration and may revise the voter registration form and instructions and electronic voter registration system to remove the organization from the list of nonparty political organizations with which a voter may register as affiliated. However, a change shall not be made to the record of political affiliation of individual registrants unless the registrant requests the change. 6. If a political party, as defined in section 43.2, fails to receive a sufficient number of votes in a general election to retain status as a political party and the former political party organizes as a nonparty political organization, the organization may request registration of voters showing their affiliation with the organization. A change shall not be made to the record of political party affiliation of individual registrants unless the registrant requests the change.

         Section History: Recent Form

         2008 Acts, ch 1115, §72
         Referred to in § 48A.11

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