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 writing by 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 the date of the election, or for certificates of nomination filed under section 43.23, not less than seventy days before the date of the election.
(2) Those filed with the commissioner, not less than sixty-seven days before the date of the election, or for certificates of nomination filed under section 43.23, not less than sixty-three days 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 the state 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 a special election held under section 69.14 may be filed any time prior to the date set for the special election.
(4) Those filed with the city clerk under this chapter, at least thirty-six days before the city primary election.
2. Notice of objections.
a. When objections have been filed, notice shall be mailed within seventy-two hours by certified mail to the candidate affected, addressed to the candidate’s place of residence as stated in the candidate’s affidavit of candidacy or in the certificate of nomination, stating that objections 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 under section 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 as soon as practicable. Under this paragraph, failure to notify a candidate of an objection to the candidate’s nomination prior to the date set for the special election does not invalidate the hearing 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 of state, 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, those officers shall be replaced, respectively, by the treasurer of state, secretary of agriculture, and lieutenant 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, the appointments 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, that official shall not pass upon said objection, but that official’s place shall be filled by a member of 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
2021 amendment to subsection 1, paragraph b, subparagraph (2) effective January 1, 2022; 2021 Acts, ch 147, §54
Subsection 1, paragraph a amended
Subsection 1, paragraph b, subparagraph (2) amended
Structure Iowa Code
Title II - ELECTIONS AND OFFICIAL DUTIES
Chapter 43 - PARTISAN NOMINATIONS — PRIMARY ELECTION
Section 43.1 - Primary election construed.
Section 43.3 - Offices affected by primary.
Section 43.4 - Political party precinct caucuses.
Section 43.5 - Applicable statutes.
Section 43.6 - Nomination of U.S. senators, state and county officers.
Section 43.7 - Time of holding.
Section 43.8 - State commissioner to furnish blanks.
Section 43.9 - Commissioner to furnish blanks.
Section 43.10 - Blanks furnished by others.
Section 43.11 - Filing of nomination papers.
Section 43.12 - Noting time of filing.
Section 43.13 - Failure to file nomination papers.
Section 43.14 - Form of nomination papers.
Section 43.15 - Requirements in signing.
Section 43.16 - Filed nomination papers — returns and additions not allowed — withdrawal.
Section 43.17 - Preclusion of partisan nomination.
Section 43.18 - Affidavit of candidacy.
Section 43.19 - Manner of filing affidavit.
Section 43.20 - Signatures required — more than one office prohibited.
Section 43.21 - Township office.
Section 43.22 - Nominations certified.
Section 43.23 - Death or withdrawal of primary candidate.
Section 43.24 - Objections to nomination petitions or certificates of nomination.
Section 43.25 - Correction of errors.
Section 43.26 - Ballot — form.
Section 43.27 - Printing of ballots.
Section 43.28 - Names of candidates — arrangement.
Section 43.29 - Form of name on ballot.
Section 43.30 - Sample ballots.
Section 43.31 - Form of official ballot — implementation by rule.
Section 43.36 - Australian ballot.
Section 43.37 - Number of votes permitted per office.
Section 43.38 - Voter confined to party ticket.
Section 43.39 - Ballot for another party’s candidate.
Section 43.41 - Change or declaration of party affiliation before primary.
Section 43.42 - Change or declaration of party affiliation at polls.
Section 43.43 - Voter’s declaration of eligibility.
Section 43.45 - Canvass of votes.
Section 43.46 - Delivering returns.
Section 43.47 - Messenger sent for returns.
Section 43.48 - Precinct counts publicly available.
Section 43.49 - Canvass by county board.
Section 43.50 - Signing and filing of abstract.
Section 43.51 - Finality of canvass.
Section 43.52 - Nominees for county office.
Section 43.53 - Nominees for subdivision office — write-in candidates.
Section 43.54 - Right to place on ballot.
Section 43.55 - Nominee certified.
Section 43.56 - Primary election recount provisions.
Section 43.59 - Number of voters certified.
Section 43.60 - Abstracts to state commissioner.
Section 43.61 - Returns filed and abstracts preserved.
Section 43.62 - Publication of proceedings.
Section 43.63 - Canvass by state board.
Section 43.64 - State canvass conclusive.
Section 43.65 - Who nominated.
Section 43.66 - Write-in candidates.
Section 43.67 - Nominee’s right to place on ballot.
Section 43.68 - Certified list of nominees.
Section 43.69 - Certificates in case of failure to nominate.
Section 43.71 - Messenger sent for abstracts.
Section 43.72 - State returns filed and preserved.
Section 43.73 - State commissioner to certify nominees.
Section 43.76 - Withdrawal of nominated candidates.
Section 43.77 - What constitutes a ballot vacancy.
Section 43.78 - Filling ballot vacancies — withdrawal.
Section 43.79 - Death of candidate after time for withdrawal.
Section 43.80 - Vacancies in nominations of presidential electors.
Section 43.83 - Vacancies in office of U.S. representative.
Section 43.85 - County convention reconvened.
Section 43.88 - Certification of nominations.
Section 43.91 - Voter at caucus — qualifications.
Section 43.92 - Date of caucus published.
Section 43.93 - Place of holding caucus.
Section 43.94 - Term of office of delegates.
Section 43.95 - Calling convention to order.
Section 43.96 - Proxies prohibited.
Section 43.97 - Duties performable by county convention.
Section 43.99 - Party committee persons.
Section 43.100 - Central committee — duties.
Section 43.101 - County central committee officers.
Section 43.102 - District conventions.
Section 43.103 - Duty of county commissioner.
Section 43.104 - Organization of district convention.
Section 43.107 - State convention.
Section 43.108 - Organization of state convention — proxies prohibited.
Section 43.109 - Nominations authorized.
Section 43.111 - State party platform, constitution, bylaws, and central committee.
Section 43.112 - Nominations in certain cities.
Section 43.114 - Time of holding special charter city primary.
Section 43.115 - Nomination papers — number of signers.
Section 43.116 - Ballot vacancies in special charter city elections.
Section 43.117 - Plurality vote nominates and elects.
Section 43.121 - Nominations by petition or nonparty organizations.