Title II, ELECTIONS AND OFFICIAL DUTIES (Ch. 39 - 79)

The court or presiding judge may direct the attendance of the sheriff or a deputy when necessary. [C51, §359; R60, §589; C73, §708; C97, §1214; C24, 27, 31, 35, 39, § 1023; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §62.4 ] Referred to in §331.653

1. Within twenty days after the board of supervisors declares a winner from the canvass of an election, the contestant shall file with the commissioner a written statement of intention to contest the election. If a recount is held for the office in question, and the recount board…

The contestant must also file with the county auditor a bond, with security to be approved by said auditor, conditioned to pay all costs in case the election be confirmed, or the statement be dismissed, or the prosecution fail. [C51, §345; R60, §575; C73, §697; C97, §1203; C24, 2…

When the auditor is a party, the county treasurer shall receive such statement and approve such bond. [C73, §697; C97, §1203; C24, 27, 31, 35, 39, § 1026; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §62.7 ] 93 Acts, ch 70, §1

The presiding judge shall fix a day for the trial, not more than thirty days thereafter, and shall cause a notice of such trial to be served on the incumbent, with a copy of the contestant’s statement, at least ten days before the day set for trial. If the trial date is set for l…

Each officer, elective or appointive, before entering upon the officer’s duties, shall qualify by taking the prescribed oath and by giving, when required, a bond, which qualification shall be perfected, unless otherwise specified, after being certified as elected but not later th…

All other civil officers, elected by the people or appointed to any civil office, unless otherwise provided, shall take and subscribe an oath substantially as follows: I, ........................ , do solemnly swear that I will support the Constitution of the United States and th…

Except a secretary and treasurer under chapter 291 , every civil officer who is required to give bond shall take and subscribe the oath provided for in section 63.10 , on the back of the bond, or on a paper attached thereto, to be certified by the officer administering it. [C51, …

When the incumbent of an office is reelected, the incumbent shall qualify as above directed, but a judge retained at a judicial election need not requalify. [C51, §338; R60, §568; C73, §690; C97, §1193; C24, 27, 31, 35, 39, § 1056; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,…

When the reelected officer has had public funds or property in the officer’s control, under color of the officer’s office, the officer’s bond shall not be approved until the officer has produced and fully accounted for such funds and property to the proper person to whom the offi…

When on account of sickness, the inclement state of the weather, unavoidable absence, or casualty, an officer has been prevented from qualifying within the prescribed time, the officer may do so within ten days after the time herein fixed. [C97, §1177; S13, §1177; C24, 27, 31, 35…

In case the election of an officer is contested, the successful party shall qualify within ten days after the decision is rendered. [C51, §335; R60, §565; C73, §687; C97, §1177; S13, §1177; C24, 27, 31, 35, 39, § 1048; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §63.4 ]

The governor and lieutenant governor shall each qualify within ten days after the result of the election shall be declared by the general assembly, by taking an oath in its presence, in joint convention assembled, administered by a judge of the supreme court, to the effect that e…

All judges of courts of record shall qualify before taking office following appointment by taking and subscribing an oath to the effect that they will support the Constitution of the United States and the Constitution of the State of Iowa, and that, without fear, favor, affection…

When it is ascertained that the incumbent is entitled to hold over by reason of the nonelection of a successor, or for the neglect or refusal of the successor to qualify, the incumbent shall qualify anew, within the time provided by section 63.8 . [C51, §338; R60, §568; C73, §690…

Persons elected or appointed to fill vacancies, and officers entitled to hold over to fill vacancies occurring through a failure to elect, appoint, or qualify, as provided in chapter 69 , shall qualify within ten days from the county board’s canvass of such election, or within te…

Any person temporarily appointed to fill an office during the incapacity or suspension of the regular incumbent shall qualify, in the manner required by this chapter , for the office so to be filled. [C73, §691; C97, §1194; C24, 27, 31, 35, 39, § 1053; C46, 50, 54, 58, 62, 66, 71…

The following officers are empowered to administer oaths and to take affirmations: 1. Justices of the supreme court and judges of the court of appeals and district courts, including district associate judges and judicial magistrates. 2. Official court reporters of district courts…

The following officers and persons are empowered to administer oaths and to take affirmations in any matter pertaining to the business of their respective office, position, or appointment: 1. Governor, secretary of state, secretary of agriculture, auditor of state, treasurer of s…

In preparing a jurat to an oath or affirmation administered by a deputy, it shall be sufficient for the deputy to affix the deputy’s own name, together with the designation of the deputy’s official position, and the seal of principal, if any. [C24, 27, 31, 35, 39, § 1217; C46, 50…

As used in this chapter , unless the context otherwise requires, “book” , “list” , “record” , or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1 . 2000 Acts, ch 1148, §1

The bond of the county treasurer shall be in the sum of not less than fifty thousand dollars. The amount of the treasurer’s bond shall be determined by the board of supervisors. [C24, §1066; C27, 31, 35, §1066-a1; C39, § 1066.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §6…

If a county treasurer, county attorney, recorder, auditor, sheriff, medical examiner, member of the board of supervisors, engineer, steward, or matron elects to furnish a bond with an association or incorporation as surety as provided in this chapter , the reasonable cost of the …

All bonds required of the township clerk shall be furnished and paid for by the township. [C27, 31, 35, §1067-b1; C39, § 1067.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §64.12 ] Referred to in §64.3

The bonds of all municipal officers who are required to give bonds shall each be in such penal sum as may be provided by law or as the council shall from time to time prescribe by ordinance; but the council may provide for a surety bond running to the city and covering all city o…

1. Bonds required by law of deputy state, county, and city officers shall, unless otherwise provided, be in such amounts as may be fixed by the governor, board of supervisors, or the council, as the case may be, with sureties as required for the bonds of the principal, and filed …

The exemptions provided in section 561.16 and chapter 627 are applicable to any claim made against a state, county, or city officer and each bond shall so provide. 89 Acts, ch 153, §2

All bonds of public officers shall run to the state, and be for the use and benefit of any corporation, public or private, or person injured or sustaining loss, with a right of action in the name of the state for its or the corporation’s or person’s use. [C51, §325; R60, §555; C7…

Bonds shall be approved: 1. By the governor, in case of state and district officers, elective or appointive. 2. By the board of supervisors, in case of county officers, township clerks, and assessors. 3. By a judge of the district court for the county in question, in case of memb…

Bonds shall not be required of the following public officers: 1. Governor. 2. Lieutenant governor. 3. Members of the general assembly. 4. Judges of the supreme and district courts and district associate judges. 5. Township trustees. 6. City council members, including city commiss…

1. All other public officers, except as otherwise specially provided, shall give bond with the conditions, in substance, as follows: That as ................................................ (naming the office), in ................................ (city, township, county, or state…

All bonds shall be approved or disapproved within five days after their presentation for that purpose, and endorsed, in case of approval, to that effect and filed. [C51, §330; R60, §560; C73, §680; C97, §1188; S13, §1188; C24, 27, 31, 35, 39, § 1074; C46, 50, 54, 58, 62, 66, 71, …

When a bond, approvable by the board of supervisors, of any public officer is presented after the final adjournment of the January session of said board, except those of the county auditor and treasurer, the auditor may approve such bond, in which case the auditor shall report th…

If the board of supervisors refuses or neglects to approve the bond of any county officer, the officer may within five days thereafter, or after the expiration of the time allowed for such approval, present the same for approval to a judge of the district court of the proper dist…

The bonds and official oaths of public officers shall, after approval and proper record, be filed: 1. For all state officers, elective or appointive, except those of the secretary of state and judicial magistrates, with the secretary of state. Bonds and official oaths of judicial…

1. a. The secretary of state, each county auditor, district court clerk, and each auditor or clerk of a city shall keep a book, to be known as the “Record of Official Bonds” , and all official bonds shall be recorded therein in full as follows: (1) In the record kept by the secre…

1. Action by any officer in an official capacity without giving bond when such bond is required may be suspended from office until the officer gives a bond in compliance with this chapter . 2. Failure to give a bond in compliance with this chapter after a reasonable time followin…

1. In lieu of a bond, a public officer required to obtain a bond pursuant to this chapter may obtain an insurance policy in an amount not less than the amounts provided in section 64.8 , 64.10 , 64.13 , or 64.15 , as applicable. 2. An insurance policy obtained pursuant to this se…

All other bonds required by law, when not otherwise specially provided, shall be conditioned as the bonds of public officers. [S13, §1177-a, -d; C24, 27, 31, 35, 39, § 1061; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §64.4 ]

All bonds required by law shall be construed as impliedly containing the conditions required by statute, anything in the terms of said bonds to the contrary notwithstanding. [C51, §337; R60, §567; C73, §689; C97, §1192; S13, §1177-c; C24, 27, 31, 35, 39, § 1062; C46, 50, 54, 58, …

State officials are not required to obtain bonds, but may be covered under a blanket bond for state employees. The blanket bond purchases shall be made in an amount and with the level of assumption of risk by the state that is determined by the department of administrative servic…

The bonds of members of the boards of supervisors, county attorneys, recorders, auditors, sheriffs, and assessors shall each be in a penal sum of not less than twenty thousand dollars. The amount of each bond shall be determined by the board of supervisors. [C51, §326, 327; R60, …

As used in this chapter , unless the context otherwise requires, “book” , “list” , “record” , or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1 . 2000 Acts, ch 1148, §1

1. When the principal on the bond has been appointed by a judge or court or is under the jurisdiction of a court, the petition for release must be presented to said court and the release shall be made subject to the orders of said court. 2. Such petition for release may be presen…

When a surety is released as heretofore provided, the surety shall refund to the party entitled thereto the premium paid, if any, less a pro rata part thereof for the time said bond has been in force. [S13, §1177-b; C24, 27, 31, 35, 39, § 1090; C46, 50, 54, 58, 62, 66, 71, 73, 75…

Whenever the governor shall deem it advisable that the bonds of any state officer shall be increased and the security enlarged, or a new bond given, the governor shall notify said officer of the fact, the amount of new or additional security to be given, and the time when the sam…