General Assembly: 81 (2005 Regular GA) - Chapter 152 - Election of township officers


Published: 2005-06-10

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550LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 151

necessary to prevent or control a serious threat to the public health, public safety, or the state’s economy caused by the transmission of disease among livestock as defined in section 717.1 or agricultural animals as defined in section 717A.1. The services may include measures nec- essary to ensure that that1 all such animals carrying disease are properly identified, segre- gated, treated, or destroyed as provided in this Code. 2. The services shall be performed under the direction of the department and may be part

of measures authorized by the governor under a declaration or proclamation issued pursuant to chapter 29C. In such case, the department shall cooperatewith the Iowadepartment of pub- lic health under chapter 135; and the department of public defense, homeland security and emergency management division; and local emergency management agencies as provided in chapter 29C. 3. The secretary or the secretary’s designee shall appoint veterinarians licensed pursuant

to chapter 169 or persons in related professions or occupations who are qualified, as deter- mined by the secretary, to serve on a voluntary basis as members of one or more veterinary emergency response teams. The secretary shall provide for the registration of persons as part of the appointment process. The secretary may cooperate with the Iowa board of veterinary medicine in implementing this section. 4. a. A registered member of an emergency response teamwho acts under the authority of

the secretary shall be considered an employee of the state for purposes of defending a claim on account of damage to or loss of property or on account of personal injury or death under chapter 669. The registered member shall be afforded protection under section 669.21. The registeredmember shall also be considered an employee of the state for purposes of disability, workers’ compensation, and death benefits under chapter 85. b. The department shall provide and update a list of the registered members of each emer-

gency response team, including the members’ names and identifying information, to the de- partment of administrative services. Upon notification of a compensable loss suffered by a registered member, the department of administrative services shall seek funding from the executive council for those costs associated with covered benefits.

Approved June 10, 2005

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CH. 152CH. 152

CHAPTER 152

ELECTION OF TOWNSHIP OFFICERS

H.F. 222

AN ACT relating to the nonpartisan election of township officers.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 39.21, Code 2005, is amended by adding the following new subsection: NEW SUBSECTION. 4. Township officers as provided in section 39.22, subsection 2.

Sec. 2. Section 39.22, subsection 1, unnumbered paragraph 2, Code 2005, is amended to read as follows: The election of the trustees and clerk of a township may be restored after approval of the

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1 According to enrolled Act

551 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 152

appointment process under this subsection by a resolution of the board of supervisors submit- ting the question to the registered voters who are eligible to vote for township officers of the township at the next general election. If the proposition to restore the election process is ap- proved by amajority of those voting on the question, the election of the township officers shall commence with the next primary and general elections election. A resolution submitting the question of restoring the election of township officers at the next general election shall be adopted by the board of supervisors upon receipt of a petition signed by eligible electors resid- ing in the township equal in number to at least ten percent of the registered voters of a town- ship. The initial terms of the trustees shall be determined by lot, one for two years, and two for four years. However, if a proposition to change the method of selecting township officers is adopted by the electorate, a resolution to change the method shall not be submitted to the electorate for four years.

Sec. 3. Section 39.22, subsection 2, Code 2005, is amended to read as follows: 2. BY ELECTION. If the county board of supervisors does not have the power provided un-

der subsection 1 to fill the offices of trustee and clerk within a township by appointment, then the offices of township trustee and township clerk shall be filled by election on a nonpartisan basis. Township trustees and the township clerk, in townships which do not include a city, shall be elected by the voters of the entire township. In townships which include a city, the officers shall be elected by the voters of the township who reside outside the corporate limits of the city, but a township officer may be a resident of the city. a. TOWNSHIPOFFICERS. The election of township officers shall take place at the general

election on ballots which shall not reflect a nominee’s political affiliation. Nomination shall be made by petition in accordance with chapter 45. The petition form shall be furnished by the county commissioner of elections and shall be filed with the county commissioner of elec- tions. A plurality is sufficient to elect the township officers. a. b. TOWNSHIP TRUSTEES. Township trustees shall be elected biennially to succeed

those whose terms of office expire on the first day of January following the election which is not a Sunday or legal holiday. The termof office of each elected township trustee is four years, except as provided in subsection 1 for initial terms following restoration of the election pro- cess. b. c. TOWNSHIPCLERK. At thegeneral electionheld in the year 1990andevery four years

thereafter, in each civil township one township clerk shall be elected who shall hold office for the term of four years.

Sec. 4. Section 43.26, Code 2005, is amended to read as follows: 43.26 BALLOT — FORM. The official primary election ballot shall be prepared, arranged, and printed substantially

in the following form:

PRIMARY ELECTION BALLOT (Name of Party) of

County of . . . . . . . ., State of Iowa, . . . Rotation (if any).

Primary election held on the . . . day of June, . . . . . . (year) FOR UNITED STATES SENATOR

(Vote for no more than one.) ___ CANDIDATE’S NAME ___ CANDIDATE’S NAME ___ . . . . . . . . . . . . . . . . . . . .

552LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 152

FOR UNITED STATES REPRESENTATIVE

(Vote for no more than one.) ___ CANDIDATE’S NAME ___ CANDIDATE’S NAME ___ . . . . . . . . . . . . . . . . . . . .

FOR GOVERNOR (Vote for no more than one.) ___ CANDIDATE’S NAME ___ CANDIDATE’S NAME ___ . . . . . . . . . . . . . . . . . . . .

(Followed by other elective state officers in the order in which they appear in section 39.9 and district officers in the order in which they appear in sections 39.15 and 39.16.)

FOR BOARD OF SUPERVISORS (Vote for no more than two.) ___ CANDIDATE’S NAME ___ CANDIDATE’S NAME ___ . . . . . . . . . . . . . . . . . . . . ___ . . . . . . . . . . . . . . . . . . . . FOR COUNTY AUDITOR

(Vote for no more than one.) ___ CANDIDATE’S NAME ___ CANDIDATE’S NAME ___ . . . . . . . . . . . . . . . . . . . .

(Followed by other elective county officers in the order in which they appear in section 39.17.)

FOR TOWNSHIP CLERK (Vote for no more than one.) ___ CANDIDATE’S NAME ___ CANDIDATE’S NAME ___ . . . . . . . . . . . . . . . . . . . .

FOR TOWNSHIP TRUSTEES (Vote for no more than two.) ___ CANDIDATE’S NAME ___ CANDIDATE’S NAME ___ CANDIDATE’S NAME ___ . . . . . . . . . . . . . . . . . . . . ___ . . . . . . . . . . . . . . . . . . . .

Sec. 5. Section 43.53, Code 2005, is amended to read as follows: 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 township

or other political subdivision within the county shall be the person receiving the highest num- ber 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 suchoffice 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.

Sec. 6. Section 43.67, unnumbered paragraph 1, Code 2005, is amended to read as follows: Each candidate nominated pursuant to section 43.52 or 43.65 is entitled to have the candi-

553 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 153

date’s nameprintedon theofficial ballot tobe votedat thegeneral electionwithout other certif- icate unless the candidate was nominated bywrite-in votes. Immediately after the completion of the canvass held under section 43.49, the county auditor shall notify each person who was nominated by write-in votes for a county or township office that the person is required to file an affidavit of candidacy if the person wishes to be a candidate for that office at the general election. Immediately after the completion of the canvass held under section 43.63, the secre- tary of state shall notify each personwhowas nominated bywrite-in votes for a state or federal office that the person is required to file an affidavit of candidacy if the person wishes to be a candidate for that office at the general election. If the affidavit is not filed by five p.m. on the seventh day after the completion of the canvass, that person’s name shall not be placed upon the official general election ballot. The affidavit shall be signed by the candidate, notarized, and filed with the county auditor or the secretary of state, whichever is applicable.

Sec. 7. Section 49.30, subsection 1, Code 2005, is amended to read as follows: 1. Where special paper ballots are used, if it is not possible to include all offices and public

measures on a single ballot, separate ballots may be provided for township offices, nonparti- san offices, judges, or public measures.

Sec. 8. Section 49.30, subsection 2, paragraph a, Code 2005, is amended to read as follows: a. If it is impossible to place the names of all candidates on themachine ballot, the commis-

sioner may provide a separate paper ballot for the candidates for judge of the district court, the township offices, and the nonpartisan offices listed in section 39.21. One of the paper bal- lots shall be furnished to each registered voter.

Sec. 9. Section 49.37, subsection 3, Code 2005, is amended to read as follows: 3. The commissioner shall arrange the partisan county offices on the ballot with the board

of supervisors first, followed by the other county offices and township offices in the same se- quence in which they appear in sections section 39.17 and 39.22. Nonpartisan offices shall be listed after partisan offices.

Sec. 10. Section 43.21, Code 2005, is repealed.

Approved June 10, 2005

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CH. 153CH. 153

CHAPTER 153

COMMERCIAL CLEANING OF TOILET UNITS AND PRIVATE SEWAGE DISPOSAL FACILITIES

H.F. 834

AN ACT relating to persons commercially cleaning toilet units and private sewage disposal facilities by providing regulations, fees, and civil penalties, and making appropriations.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 455B.171, Code 2005, is amended by adding the following new subsec- tion: NEWSUBSECTION. 32A. “Toilet unit”meansaportableor fixed tankor vessel holdingun-