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 the result is a tie vote, lots shall be drawn pursuant to section
50.44. 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 5:00 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 chose
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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 the result is a tie vote, lots shall be drawn pursuant to section
50.44. 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 5:00 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 there is more than one person who received the next highest
number of votes cast for the office, lots shall be drawn pursuant to section 50.44 to determine
the person who received the next highest number of votes. 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 not later than 5:00 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 commissioner of elections not later than 5:00 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 not later than 5:00
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 not later than 5:00 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.