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.
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.
(2) Those filed with the commissioner, not less than sixty-four
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.
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.
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.
(2) Those filed with the commissioner, not less than sixty-four
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.
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.
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.
(2) Those filed with the commissioner, not less than sixty-four
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.
