Section 115.123

Title IX SUFFRAGE AND ELECTIONS

Chapter 115

Effective - 28 Aug 2022, 4 histories   

  115.123.  Public elections to be held on certain Tuesdays, exceptions — exemptions. — 1.  All public elections shall be held on Tuesday.  Except as provided in subsection 2^* of this section, and section 247.180, all public elections shall be held on the general election day, the primary election day, the general municipal election day, the first Tuesday after the first Monday in November, or on another day expressly provided by city or county charter, and in nonprimary years on the first Tuesday after the first Monday in August.  Bond elections may be held on the first Tuesday after the first Monday in February but no other issue shall be included on the ballot for such election.

  2.  The following elections shall be exempt from the provisions of subsection 1 of this section:

  (1)  Bond elections necessitated by fire, vandalism or natural disaster;

  (2)  Elections for which ownership of real property is required by law for voting;

  (3)  Special elections to fill vacancies and to decide tie votes or election contests; and

  (4)  Tax elections necessitated by a financial hardship due to a five percent or greater decline in per-pupil state revenue to a school district from the previous year.

  3.  Nothing in this section prohibits a charter city or county from having its primary election in March if the charter provided for a March primary before August 28, 1999.

  4.  Nothing in this section shall prohibit elections held pursuant to section 65.600, but no other issues shall be on the March ballot except pursuant to this chapter.

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(L. 1977 H.B. 101 § 6.005, A.L. 1978 H.B. 971, A.L. 1979 S.B. 275, A.L. 1980 S.B. 734, A.L. 1983 S.B. 234, A.L. 1986 H.B. 879 merged with S.B. 729, A.L. 1987 S.B. 386, A.L. 1993 H.B. 551 & 552, A.L. 1996 H.B. 1557 & 1489, A.L. 1997 S.B. 132, A.L. 1999 H.B. 676, A.L. 2002 S.B. 675, A.L. 2012 H.B. 1036, A.L. 2014 S.B. 892, A.L. 2022 H.B. 1878)

*Statutory reference to "subsections 2 and 3" changed to "subsection 2" in accordance with section 3.060 based on renumbering by H.B. 1878, 2022.