2009 Iowa Code
Title 2 - Elections and Official Duties
Subtitle 1 - Elections
CHAPTER 43 - PARTISAN NOMINATIONS == PRIMARY ELECTION
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.  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

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