Clive City objections committee rules special-election petition invalid, cites late filing and signature concerns

The Clive City objections committee ruled the petition seeking a special election to fill a council vacancy invalid, saying the petition was filed after the statutory 14-day window and that some signatures were collected in ways that raised doubts about their validity.

The committee announced that publication of the council's notice to appoint occurred March 17, making March 31 the deadline for filing under the first 14-day window described by Iowa law; the petition was filed on June 2, the committee said. The chair added that a facial review by the clerk does not resolve disputed signature validity and that, once an objection is filed, the committee must consider all evidence about whether signers were valid electors.

A resident who spoke during public comment, giving a Clive address, challenged the objection and the characterization of prior speakers. The resident said, "I don't believe there's been any evidence to support any of those allegations," and disputed an objection letter from Brad Clark that alleged petition organizers misrepresented the need for a special election. The resident also said some people who spoke at the June 19 meeting had not signed the petition and had not spoken with petition collectors.

The committee said evidence included instances where petition forms had been left unattended on porches and that there was no proof those unsupervised signatures were later validated by the petition circulators. Citing Iowa code provisions on the two separate 14-day windows tied to notice and appointment, the committee concluded that the petition was not filed within the relevant filing period and that collection practices left "many signatures in question." Based on that application of law to the facts presented, the committee said the petition must be found invalid.

As a result, the committee stated Council member Hawker will continue to serve until the November election determines who will fill the remainder of the term. The chair said a written ruling explaining the decision will be posted on the Clive website the following day.

Procedural actions during the meeting included approval of the agenda and approval of the June 19 minutes as amended; the committee also closed the public hearing before moving into its decision. The committee gave attendees notice that an email from Kyle Bentley (placed in the committee materials) was added to the record and will be posted with other documents on the city's website.

The committee adjourned after announcing the ruling. The written opinion will provide the committee's full reasoning and citations to law and evidence.