IOWA

In Iowa, legislatively referred amendments are the only form of statewide direct democracy available for the purposes of this report. The Iowa legislature may call a special election for a vote on a proposed amendment, but otherwise, the amendment will be submitted to voters at the next general election. The ballot language is drafted not by the legislature, but by the State Commissioner of Elections, who must publish and accept written comments before finalizing the same. In addition, the full text of the proposal must appear on the ballot; or if it does not fit on the ballot, it must be posted in each polling place. Iowa law explicitly provides for pre-election judicial review of proposed constitutional amendments.

BACKGROUND INFORMATION

What forms of direct democracy are available, and when?

Statewide Ballot Measures in Iowa

Iowa does not have statewide initiatives or veto referendums but has legislatively referred amendments.

X Initiatives – Statutory

X Initiatives – Constitutional

X Veto Referendums

√ Legislatively Referred Amendments

An amendment to the state constitution proposed by the legislature must be approved by Iowa voters. Iowa Const. art. 10.

Election Timing

A proposed amendment must first be approved by a majority of members elected to each house, in two consecutive General Assemblies. Iowa Const. art. 10, § 1. Unless otherwise provided, it is then submitted to the people at the next general election. Iowa Code § 49A.4. However, the General Assembly may call for a special election to submit a proposed amendment to the people. Id. § 49A.5.

BALLOT PREPARATION

What is included on the ballot, and who prepares it?

The ballot for a proposed constitutional amendment must contain the following information.

• Summary.
  • The summary is prepared by the State Commissioner of Elections. Iowa Code §§ 49.44, 52.25.
    • The Commissioner must prepare a proposed ballot description in administrative rule form, file for publication in the Iowa Administrative Bulletin, and receive written comments. Iowa Admin. Code r. 721-21.200(49)(3)(a).
    • The Commissioner shall review timely-submitted comments and make any changes deemed to be warranted in the description.
      sub. (3)(b)–(c).
• (If applicable) Proposed amendment’s text.
  • However, if the complete text will not fit on the ballot, it must be posted inside the voting booth, and a copy must be included with absentee ballots. Iowa Code § 49.44.
• Notice to inform voters as to proposed amendment’s location on the ballot.
  • The notice is prepared by the State Commissioner of Elections. Iowa Code § 49.48.

INFORMATION TO VOTERS

What information is provided to voters before the election, and how?

Publication

Iowa law requires two publications, as follows.

• After a proposed amendment is agreed to by each house of the legislature for the first time and has been referred to the succeeding legislature, it must be published once a month for three months in two newspapers of general circulation in each congressional district, and on an internet site of the legislature. Iowa Const. 10, § 1; Iowa Code § 49A.1.
  • However, an amendment agreed to by two consecutive General Assemblies cannot be deemed invalid by reason of an error or omission with this publication required between general assemblies. Iowa Code § 49A.10(2), 49A.1.
• The Secretary of State must publish a notice between four and twenty days before the election, which must include the full text of each proposed amendment. The notice must be published in at least one newspaper in each county or political subdivision; for general elections, the notice must be published in at least two newspapers in the county, where available. Iowa Code § 49.53(1)–(2).

Voter Information Pamphlet

• Iowa law does not require a state voter information pamphlet for legislatively referred amendments.

JUDICIAL REVIEW

When and how can the court step in?

Whenever a proposed amendment is to be submitted to voters, any Iowa taxpayer may challenge its validity, legality, or constitutionality in district court. Iowa Code § 49A.10.

Sample case: No reported cases under Iowa Code § 49A.10 have been identified to date. For a related case involving a local bond referendum election, see Honohan v. United Cmty. Sch. Dist. of Boone and Story Cntys., 137 N.W.2d 601, 602–03 (Iowa 1965) (invalidating a local bond referendum due to a fatal defect in the substance of the ballot, where ballot referenced a “high school” while underlying proposal and notice of election referenced a “schoolhouse”).