reglab/statecodes huggingface dataset:
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.43 - Voter’s declaration of eligibility.

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 (optional)
Approved:
....................................
Election board member
......................
Date
91 Acts, ch 129, §5; 94 Acts, ch 1169, §64; 2010 Acts, ch 1033, §5
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.45 - Canvass of votes.

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 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.
3. Notwithstanding any requirement to the contrary in subsection 1 and subsection 2, paragraph “c”, the commissioner of a county using digital ballot counting technology may direct the precinct election officials to tally and record write-in votes at the precincts after the closing of the polls or may direct the precinct election officials to print the write-in report containing digital images of write-in votes for delivery to the special precinct board to tally and record the write-in votes on any day following election day and prior to the canvass by the board of supervisors under section 43.49. For the purposes of this subsection “digital ballot counting technology” is technology in which digital images of write-in votes are printed by the precinct election officials at the polling place after the close of voting.
[S13, §1087-a17; C24, 27, 31, 35, 39, §573; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.45]
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; 2010 Acts, ch 1033, §6, 56; 2015 Acts, ch 85, §1; 2015 Acts, ch 138, §13, 161, 162
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.46 - Delivering returns.

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 in the condition in which received except as is otherwise required by sections 50.20 through 50.22, to the county board of supervisors.
[S13, §1087-a17; C24, 27, 31, 35, 39, §574; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.46]
2010 Acts, ch 1033, §7; 2021 Acts, ch 80, §22
Referred to in §43.47
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.47 - Messenger sent for returns.

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.
[S13, §1087-a17; C24, 27, 31, 35, 39, §575; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.47]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.48 - Precinct counts publicly available.

43.48 Precinct counts publicly available.
The commissioner shall make available to the public the precinct counts produced by the voting equipment.
[S13, §1087-a17; C24, 27, 31, 35, 39, §576; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.48]
89 Acts, ch 136, §15; 2002 Acts, ch 1134, §10, 115; 2007 Acts, ch 190, §17
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.49 - Canvass by county board.

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 the following:
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 five 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.
[S13, §1087-a19; C24, 27, 31, 35, 39, §577; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.49]
90 Acts, ch 1238, §3; 95 Acts, ch 189, §1; 2008 Acts, ch 1032, §201; 2010 Acts, ch 1033, §8, 9, 56
Referred to in §43.45, 43.67, 50.48, 331.383
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.50 - Signing and filing of abstract.

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.
[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
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.51 - Finality of canvass.

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.
[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
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.52 - Nominees for county office.

43.52 Nominees for county office.
1. a. 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.
b. 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”.
2. 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 subsection, the necessary number of nominations shall be made as provided by section 43.78, subsection 1, paragraphs “d” and “e”.
[S13, §1087-a19; C24, 27, 31, 35, 39, §580; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.52]
2017 Acts, ch 54, §76
Referred to in §43.53, 43.66, 43.67, 43.77
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.53 - Nominees for subdivision office — write-in candidates.

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.
[S13, §1087-a19; C24, 27, 31, 35, 39, §581; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.53]
95 Acts, ch 189, §2; 2005 Acts, ch 152, §5
Referred to in §43.54, 43.77, 43.116
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.54 - Right to place on ballot.

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 5:00 p.m. on the seventh day following the completion of the canvass.
[S13, §1087-a19; C24, 27, 31, 35, 39, §582; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.54]
89 Acts, ch 136, §16
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.55 - Nominee certified.

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.
[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
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.56 - Primary election recount provisions.

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.
89 Acts, ch 136, §17; 2008 Acts, ch 1032, §201
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.60 - Abstracts to state commissioner.

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.
[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
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.61 - Returns filed and abstracts preserved.

43.61 Returns filed and abstracts preserved.
When the canvass is concluded, the board shall deliver the original returns to the commissioner, who shall file the same and preserve each of the abstracts mentioned in section 43.60, pursuant to section 50.19.
[SS15, §1087-a21; C24, 27, 31, 35, 39, §589; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.61]
2010 Acts, ch 1033, §10, 56
Referred to in §331.383
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.62 - Publication of proceedings.

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.
[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
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.63 - Canvass by state board.

43.63 Canvass by state board.
1. 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.
2. 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.
[S13, §1087-a22; C24, 27, 31, 35, 39, §591; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.63]
95 Acts, ch 189, §3; 2019 Acts, ch 24, §104
Referred to in §43.67, 50.48
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.64 - State canvass conclusive.

43.64 State canvass conclusive.
The canvass and certificates by the state board of canvassers shall be final as to all candidates named therein.
[S13, §1087-a22; C24, 27, 31, 35, 39, §592; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.64]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.65 - Who nominated.

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.
[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
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.66 - Write-in candidates.

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.
[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]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.68 - Certified list of nominees.

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.
[S13, §1087-a22; C24, 27, 31, 35, 39, §596; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.68]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.69 - Certificates in case of failure to nominate.

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.
[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]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.71 - Messenger sent for abstracts.

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.
[S13, §1087-a22; C24, 27, 31, 35, 39, §599; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.71]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.72 - State returns filed and preserved.

43.72 State returns filed and preserved.
When the canvass is concluded, the board shall deliver the original abstract returns to the state commissioner, who shall file the returns in the state commissioner’s office and preserve the abstracts of the canvass of the state board and certificates attached thereto. The commissioner may preserve the abstracts and certificates attached thereto in an electronic format.
[S13, §1087-a23; C24, 27, 31, 35, 39, §600; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.72]
2010 Acts, ch 1033, §11, 56
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.73 - State commissioner to certify nominees.

43.73 State commissioner to certify nominees.
1. Not less than sixty-four 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.
2. 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.
[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]
89 Acts, ch 136, §19; 97 Acts, ch 170, §3; 2017 Acts, ch 110, §66
Referred to in §49.37, 49.41
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.75 - Tie vote.

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.
[S13, §1087-a24; C24, 27, 31, 35, 39, §603; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.75]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.76 - Withdrawal of nominated candidates.

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-first 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.
[C66, 71, 73, 75, §43.59(2); C77, 79, 81, §43.76]
89 Acts, ch 136, §20; 2017 Acts, ch 110, §67
Referred to in §43.77
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.77 - What constitutes a ballot vacancy.

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. Either 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-first 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, 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.
[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]
89 Acts, ch 136, §21; 94 Acts, ch 1180, §7, 8; 2009 Acts, ch 57, §8; 2017 Acts, ch 110, §68; 2020 Acts, ch 1062, §16; 2020 Acts, ch 1063, §22
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.79 - Death of candidate after time for withdrawal.

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-first 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-fourth day before the general election, in the case of any candidate whose nomination papers were filed with the commissioner, and ending at the time the polls close on the day of 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.
[S13, §1087-a24a; C24, 27, 31, 35, 39, §607; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.79]
89 Acts, ch 136, §23; 97 Acts, ch 170, §4; 2017 Acts, ch 110, §70; 2021 Acts, ch 147, §13, 54
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.83 - Vacancies in office of U.S. representative.

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.
[S13, §1087-a24; C24, 27, 31, 35, 39, §610; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.83]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.85 - County convention reconvened.

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.
[C24, 27, 31, 35, 39, §612; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.85]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.88 - Certification of nominations.

43.88 Certification of nominations.
1. 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.
2. 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.
3. 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.
[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]
95 Acts, ch 189, §4; 97 Acts, ch 170, §5; 2017 Acts, ch 54, §76
Referred to in §43.78
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.90 - Delegates.

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.
[S13, §1087-a25; C24, 27, 31, 35, 39, §617; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.90]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.91 - Voter at caucus — qualifications.

43.91 Voter at caucus — qualifications.
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, who has not already participated in the caucus of any political party within the same year, 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.
[C66, 71, 73, 75, 77, 79, 81, §43.91]
2019 Acts, ch 148, §36
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.92 - Date of caucus published.

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.
[C66, 71, 73, 75, 77, 79, 81, §43.92; 81 Acts, ch 34, §4]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.93 - Place of holding caucus.

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.
[C77, 79, 81, §43.93]
86 Acts, ch 1224, §4
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.94 - Term of office of delegates.

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.
[S13, §1087-a25; C24, 27, 31, 35, 39, §621; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.94]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.95 - Calling convention to order.

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.
[S13, §1087-a25; C24, 27, 31, 35, 39, §622; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.95]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.96 - Proxies prohibited.

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.
[S13, §1087-a25; C24, 27, 31, 35, 39, §623; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.96]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.97 - Duties performable by county convention.

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.
[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
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.99 - Party committee persons.

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.
[S13, §1087-a25; C24, 27, 31, 35, 39, §626; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.99]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.100 - Central committee — duties.

43.100 Central committee — duties.
1. 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.
2. 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.
3. 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.
[S13, §1087-a25; C24, 27, 31, 35, 39, §627; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.100]
86 Acts, ch 1224, §5; 2017 Acts, ch 54, §76
Referred to in §68A.102
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.101 - County central committee officers.

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.
86 Acts, ch 1224, §6; 2020 Acts, ch 1062, §17
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.102 - District conventions.

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.
[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]
C87, §43.102
Legally required vote, §43.65
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.103 - Duty of county commissioner.

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 the call of the state party chairperson to the chairperson of the convention which selects said delegates.
[S13, §1087-a26; C24, 27, 31, 35, 39, §630; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.103]
2020 Acts, ch 1063, §23
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.104 - Organization of district convention.

43.104 Organization of district convention.
The organization of a district convention and the procedure therein shall be substantially the same as in the state convention.
[S13, §1087-a26; C24, 27, 31, 35, 39, §631; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.104]
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.107 - State convention.

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.
[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
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.108 - Organization of state convention — proxies prohibited.

43.108 Organization of state convention — proxies prohibited.
The convention shall be called to order by the chairperson of the state central committee, or that individual’s designee, who shall present a list of delegates, as certified by the various county conventions, and effect a temporary organization. If any county is not fully represented, the delegates present from that county shall cast the full vote of the county if the rules of the convention or party bylaws or constitution so allow, and there shall be no proxies.
[S13, §1087-a27; C24, 27, 31, 35, 39, §635; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.108]
2021 Acts, ch 80, §23
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.109 - Nominations authorized.

43.109 Nominations authorized.
The state convention may make nominations to fill vacancies on the general election ballot as provided by law.
[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
2023 Iowa Code › Title II - ELECTIONS AND OFFICIAL DUTIES › Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION › Section 43.111 - State party platform, constitution, bylaws, and central committee.

43.111 State party platform, constitution, bylaws, and central committee.
1. 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.
2. 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.
3. 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.
[S13, §1087-a27; C24, 27, 31, 35, 39, §638; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §43.111]
2017 Acts, ch 54, §76
Referred to in §48A.25, 68A.102