376.11 - WRITE-IN VOTES.

        376.11  WRITE-IN VOTES.         1.  Write-in votes are permitted to be cast in all elections for      city offices.  A person who receives a sufficient number of write-in      votes to be elected to a city office shall be declared the winner of      the election.  If a person who was elected by write-in votes chooses      not to serve in that office the person shall submit a resignation in      writing to the city clerk not later than five p.m. on the tenth day      following the canvass of the election.  If a person who was elected      by write-in votes resigns at a later time, the office shall be      considered vacant at the end of the term and the council shall fill      the vacancy pursuant to the provisions of section 372.13, subsection      2.         2.  Except in cities where the council has chosen a runoff      election in lieu of a primary, following the resignation of a person      who was elected by write-in votes, the city clerk shall notify the      person who received the next highest number of votes cast for the      office that the person may assume the office.  If the person accepts      the position, the person shall be considered the duly elected officer      unless, within ten days after the clerk has given notice, a petition      requesting a special election is filed by eligible electors of the      city equal in number to twenty-five percent of the number of persons      who voted for the office at the election.  If the person declines,      the person shall do so in writing to the city clerk within ten days      and the office shall be considered vacant at the end of the term.      The vacancy shall be filled pursuant to the provisions of section      372.13, subsection 2.  If the council chooses to appoint, the      appointment may be made before the end of the current term.         3.  In city primary elections any person who receives write-in      votes shall execute an affidavit in substantially the form required      by section 45.3, and file it with the county commissioner of      elections or the city clerk not later than five o'clock p.m. on the      day after the canvass of the primary election.  If any person who      received write-in votes fails to file the affidavit at the time      required, the county commissioner shall disregard the write-in votes      cast for that person.  A notation shall be made on the abstract of      votes showing which persons who received write-in votes filed      affidavits.  The total number of votes cast for each office on the      ballot shall be amended by subtracting the write-in votes of those      candidates who failed to file the affidavit.  It is not necessary for      a candidate whose name was printed upon the ballot to file an      affidavit.  Of the remaining candidates, those who receive the      highest number of votes to the extent of twice the number of unfilled      positions shall be placed on the ballot for the regular city election      as candidates for that office.         4.  In cities in which the city council has chosen a runoff      election in lieu of a primary, if a person who was elected by      write-in votes chooses not to accept the office by filing a      resignation notice with the city clerk or commissioner of elections      not later than five o'clock p.m. on the day following the canvass,      all remaining persons who received write-in votes and who wish to be      considered candidates for the runoff election shall execute an      affidavit in substantially the form required by section 45.3 and file      it with the county commissioner or the city clerk not later than five      o'clock p.m. of the fourth day following the canvass.  If a person      receiving write-in votes fails to file the affidavit at the time      required, the county commissioner of elections shall disregard the      write-in votes cast for that person.  The abstract of votes shall be      amended to show that the person who was declared elected declined the      office and a notation shall be made next to the names of those      persons who did not file the affidavit.  A runoff election shall be      held with the remaining candidates who have the highest number of      votes to the extent of twice the number of unfilled positions.         5.  In a city in which the council has chosen a runoff election,      if no person was declared elected for an office all persons who      received write-in votes shall execute an affidavit in substantially      the form required by section 45.3 and file it with the county      commissioner of elections or the city clerk not later than five      o'clock p.m. on the day following the canvass of votes.  If any      person who received write-in votes fails to file the affidavit the      county commissioner of elections shall disregard the write-in votes      cast for that person.  The abstract of votes shall be amended to note      which of the write-in candidates failed to file the affidavit.  A      runoff election shall be held with the remaining candidates who have      the highest number of votes to the extent of twice the number of      unfilled positions.  
         Section History: Early Form
         [C77, 79, 81, § 376.11] 
         Section History: Recent Form
         88 Acts, ch 1119, §42; 2007 Acts, ch 59, §18, 19         Referred to in § 372.13