1PARTISAN NOMINATIONS — PRIMARY ELECTION, §43.24

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 writingby any person who would have the right to vote for the candidate for the office in question.
Objections relating to incorrect or incomplete information for information that is required
under section 43.14 or 43.18 shall be sustained.
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 thedate of the election, or for certificates of nomination filed under section 43.23, not less thanseventy days before the date of the election.
(2) Those filed with the commissioner, not less than sixty-seven days before the date of theelection, or for certificates of nomination filed under section 43.23, not less than sixty-threedays 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 thestate 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 aspecial election held under section 69.14 may be filed any time prior to the date set for thespecial election.
(4) Those filed with the city clerk under this chapter, at least thirty-six days before thecity primary election.
2. Notice of objections.
a. When objections have been filed, notice shall be mailed within seventy-two hours bycertified mail to the candidate affected, addressed to the candidate’s place of residence asstated in the candidate’s affidavit of candidacy or in the certificate of nomination, stating thatobjections 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 undersection 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 assoon as practicable. Under this paragraph, failure to notify a candidate of an objection to thecandidate’s nomination prior to the date set for the special election does not invalidate thehearing 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 ofstate, 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, thoseofficers shall be replaced, respectively, by the treasurer of state, secretary of agriculture, andlieutenant 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, theappointments 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, thatFri Dec 22 20:28:41 2023

Iowa Code 2024, Section 43.24 (20, 0)§43.24, PARTISAN NOMINATIONS — PRIMARY ELECTION2

official shall not pass upon said objection, but that official’s place shall be filled by a memberof the council against whom no objection exists, chosen as above.
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; 2019 Acts, ch 148, §15, 33; 2021 Acts, ch 147, §9, 10, 54
Referred to in §43.22, 43.115

Fri Dec 22 20:28:41 2023

Iowa Code 2024, Section 43.24 (20, 0)