Laws governing local ballot measures in Iowa

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Initiative petition circulation periods • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative alteration • Registered voter

Iowa Constitution
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Articles
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Only a few local governments in Iowa have an initiative and referendum process for local ballot measures.

This article sets out the laws governing local ballot measures in Iowa. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 99 counties, 940 cities, towns, and villages, and 445 special districts.

School districts

See also: School bond and tax elections in Iowa

Iowa requires a ballot measure if a school district exceeds the Physical Plant and Equipment Levy (PPEL) limit and to issue new bonding. Iowa has a school district budget growth limit which is set by the Iowa Legislature and approved by the Iowa Governor when the Iowa State Budget is deliberated. The current growth rate for public schools statewide is at four percent.

Campaign Finance Rules

See also: Campaign finance requirements for Iowa ballot measures

Initiative process availability

In Iowa, initiative is only available in charter cities. State statues mandate an initiative process for citizens to propose charter amendments through petition. Charter cities also have authority to permit an initiative process for ordinances.

The Iowa Supreme Court, in City of Clinton v. Sheridan, 530 N.W.2d 690 (Iowa 1995), held that general law cities are prohibited from adopting local initiative and referendum measures. The rationale is that state statutes grant municipal legislation power to city councils (Iowa Code § 364), and a city provision allowing electorate-initiated ordinances would improperly contradict these statutes. Authority could be granted through future state legislation. The court confirmed that charter cities can grant initiative and referendum power within the charter for local ordinances/measures. A recent Iowa Supreme Court case discusses the legislative versus administrative limits of this process (Berent v. City of Iowa City, 738 N.W.2d 193 (Iowa, 2007)).

Authority

Ballot Law Portal

Laws Governing Ballot Measures

Constitution

There are no explicit constitutional provisions for local initiative. However, charter cities have authority to adopt initiative for ordinances through the municipal home rule provision of Iowa Constitution, Legislative Department, Section 38A

Statutes

Iowa Code Section 372.11 grants initiative power for charter amendments and references the requirements of Section 362.4.

See law: Iowa Code Section 362.4 Iowa Code Section 372.11

Initiative process features in charter cities

A guide to local ballot initiatives

Charter Amendment Initiative Process   The initiative process for amendments to city charters is governed by Iowa Code Section 372.11 and 362.4. Charters may contain additional requirements. Iowa Code Section 362.4 Iowa Code Section 372.11 Subject matter restrictions Charter cities are "granted home rule power and authority, not inconsistent with the laws of the general assembly" (IA Const. Art. III, Section 38A); the limitations on the powers of cities are detailed in the Iowa Code, Section 364.3. Petition text approval No pre-circulation text approval process was found. Signatures required 10 % of the persons who voted at the last preceding regular city election, but in no case less than 10 signatures. (IA Code Section 362.4) Circulation No specific circulation requirements were found. Petition appearance and content The petition must have: signatures of the petitioners a statement of their place of residence the date on which they signed the petition (IA Code Section 362.4) Scheduling an election and adoption of measure The approval process for the petition after submission is direct. The city government "must submit the proposed amendment to the voters at a special city election." (IA Code Sec. 372.11) Special elections are governed by Iowa Code Section 39.2: "Unless otherwise provided by law, special elections on public measures are limited to the following dates: For a city, on the day of the general election, on the day of the regular city election, on the date of a special election held to fill a vacancy in the same city, or on the first Tuesday in March, the first Tuesday in May, or the first Tuesday in August of each year." A simple majority determines the outcome of the election. (IA Code Section 372.11)

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Initiative in the top 10 most populated cities

Eight of the top 10 most populated cities in Iowa are general law cities and do not have initiative. Two, Cedar Rapids and Iowa City, are governed under a home rule charter. Initiative is available for charter amendments under state law. The Iowa City charter authorizes initiative for ordinances, Cedar Rapids does not.

Individual city provisions   Des Moines Population as of the July, 2011 census update: 206,599. Des Moines is a general law city, initiative is not available. Cedar Rapids Population as of the July, 2011 census update: 127,905. Cedar Rapids is a charter city, but has not authorized initiative for ordinances. Charter amendments may be proposed by petition under state law (see above for details). Davenport Population as of the July, 2011 census update: 100,802. Davenport is a general law city, initiative is not available. Sioux City Population as of the July, 2011 census update: 82,967. Sioux City is a general law city, initiative is not available. Iowa City Population as of the 2015 census update: 74,220. Iowa City is a charter city. The Iowa City charter authorizes initiative for ordinances. The signature requirement is equal to 25% of the number of persons who voted in the last regular city election, but such signatures shall be no fewer than 3,600. Any resident of the city who is qualified to become a registered voter can sign an initiative petition. Valid signers do not need to be registered to vote. Prior to circulation, one or more qualified electors files an affidavit with the city clerk with the content required in the Iowa City Charter, Article 7. Petition form and content requirements are in Iowa City Charter, Article 7. Petitions must be filed within 6 months of the initial affidavit. The council has 60 days to adopt or submit to voters " at the regular city election or at the general election which next occurs more than forty days after the expiration of the sixty-day period provided for consideration in section 7.05A, provided that the initiative petition was filed no less than 80 days prior to the deadline imposed by state law for the submission of ballot questions to the commissioner of elections." Restrictions: Initiative cannot be used for any measure of an executive or administrative nature, the city budget, appropriation of money, levy of taxes or special assessments, issuance of general obligation and revenue bonds, letting of contracts, salaries of city employees, the city zoning ordinance or land use maps of the comprehensive plan, any measure required to be enacted by state or federal law, or any amendments to this charter. (Iowa City Charter, Sec. 7.01) Initiative is also available for charter amendments under state law (see above for details). Iowa City Charter, Art. 7 Waterloo Population as of the July, 2011 census update: 68,653. Waterloo is a general law city, initiative is not available. Council Bluffs Population as of the July, 2011 census update: 62,466. Council Bluffs is a general law city, initiative is not available. Ames Population as of the July, 2011 census update: 59,042. Ames is a general law city, initiative is not available. Dubuque Population as of the July, 2011 census update: 58,234. Dubuque is a general law city, initiative is not available. West Des Moines Population as of the July, 2011 census update: 57,909. West Des Moines is a general law city, initiative is not available.

External links

• Research document of Iowa local I&R laws
• Iowa League of Cities
• Citizen's Guide to the Iowa City Home Rule Charter