2009 Iowa Code
Title 2 - Elections and Official Duties
Subtitle 1 - Elections
CHAPTER 47 - ELECTION COMMISSIONERS
47.6 - ELECTION DATES -- CONFLICTS -- PUBLIC MEASURES.

        47.6  ELECTION DATES -- CONFLICTS -- PUBLIC
      MEASURES.
         1. a. (1)  The governing body of a political subdivision which
      has authorized a special election to which section 39.2, subsections
      1, 2, and 3, are applicable shall by written notice inform the
      commissioner who will be responsible for conducting the election of
      the proposed date of the special election.
         (a)  If a public measure will appear on the ballot at the special
      election, the governing body shall submit the complete text of the
      public measure to the commissioner with the notice of the proposed
      date of the special election.
         (b)  If the proposed date of the special election coincides with
      the date of a regularly scheduled election or previously scheduled
      special election, the notice shall be given no later than 5:00 p.m.
      on the last day on which nomination papers may be filed with the
      commissioner for the regularly scheduled election or previously
      scheduled special election, but in no case shall notice be less than
      thirty-two days before the election.  Otherwise, the notice shall be
      given at least thirty-two days in advance of the date of the proposed
      special election.
         (2)  Upon receiving the notice, the commissioner shall promptly
      give written approval of the proposed date unless it appears that the
      special election, if held on that date, would conflict with a regular
      election or with another special election previously scheduled for
      that date.
         b.  A public measure shall not be withdrawn from the ballot at
      any election if the public measure was placed on the ballot by a
      petition, or if the election is a special election called
      specifically for the purpose of deciding one or more public measures
      for a single political subdivision.  However, a public measure which
      was submitted to the county commissioner of elections by the
      governing body of a political subdivision may be withdrawn by the
      governing body which submitted the public measure if the public
      measure was to be placed on the ballot of a regularly scheduled
      election.  The notice of withdrawal must be made by resolution of the
      governing body and must be filed with the commissioner no later than
      the last day upon which a candidate may withdraw from the ballot.
         2.  For the purpose of this section, a conflict between two
      elections exists only when one of the elections would require use of
      precinct boundaries which differ from those to be used for the other
      election, or when some but not all of the registered voters of any
      precinct would be entitled to vote in one of the elections and all of
      the registered voters of the same precinct would be entitled to vote
      in the other election.  Nothing in this subsection shall deny a
      commissioner discretionary authority to approve holding a special
      election on the same date as another election, even though the two
      elections may be defined as being in conflict, if the commissioner
      concludes that to do so will cause no undue difficulties.
         3. a.  A city council, county board of supervisors, school
      district board of directors, or merged area board of directors that
      has authorized a public measure to be submitted to the voters at a
      special election held pursuant to section 39.2, subsection 4, shall
      file the full text of the public measure with the commissioner no
      later than 5:00 p.m. on the forty-sixth day before the election.
         b.  If there are vacancies in county offices to be filled at
      the special election, candidates shall file their nomination papers
      with the commissioner not later than 5:00 p.m. on the forty-sixth day
      before the election.
         c.  If there are vacancies in city offices to be filled at the
      special election, candidates shall file their nomination papers with
      the city clerk not later than 5:00 p.m. on the forty-seventh day
      before the election.  The city clerk shall deliver the nomination
      papers to the commissioner not later than 5:00 p.m. on the
      forty-sixth day before the election.  Candidates for city offices in
      cities in which a primary election may be necessary shall file their
      nomination papers with the city clerk not later than 5:00 p.m. on the
      fifty-fourth day before the election.  The city clerk shall deliver
      the nomination papers to the commissioner not later than 5:00 p.m. on
      the fifty-third day before the election.  

         Section History: Early Form

         [C77, 79, 81, § 47.6] 

         Section History: Recent Form

         89 Acts, ch 136, §32; 90 Acts, ch 1238, § 12; 93 Acts, ch 143, §
      10; 95 Acts, ch 67, §53; 97 Acts, ch 170, § 13; 2008 Acts, ch 1032,
      §145; 2008 Acts, ch 1115, §25, 26, 71; 2009 Acts, ch 57, §13
         Referred to in § 39.2, 275.25, 372.9