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Senate File 2283 - IntroducedA Bill ForAn Act 1relating to county supervisors, concerning county
2supervisor representation plans and county supervisor
3vacancies, and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PLAN “THREE” COUNTY SUPERVISOR REPRESENTATION PLANS
3 Section 1. Section 331.206, subsection 2, paragraph a, Code
42024, is amended to read as follows:
5a. The plan used under subsection 1 shall be selected by the
6board or by a special election as provided in section 331.207.
7A plan selected by the board shall remain in effect for at
8least six years and shall only be changed by a special election
9as provided in section 331.207. However, a county with a
10population of one hundred twenty-five thousand or more based on
11the most recent federal decennial census shall use plan “three”
12for the election of supervisors.
13 Sec. 2. Section 331.207, subsection 2, Code 2024, is amended
14to read as follows:
152. The petition shall be filed with the county commissioner
16by June 1 of an odd-numbered year, subject to subsection
176. The special election shall be held on the first Tuesday
18in August of the odd-numbered year. Notice of the special
19election shall be published once each week for three successive
20weeks in an official newspaper of the county, shall state the
21representation plans to be submitted to the electors, and shall
22state the date of the special election. The last in the series
23of publications shall occur not less than four nor more than
24twenty days before the election.
25 Sec. 3. Section 331.207, subsection 6, Code 2024, is amended
26by striking the subsection.
27 Sec. 4. TRANSITION PROVISION.
281. Notwithstanding any provision of law to the contrary, a
29county with a population of one hundred twenty-five thousand
30or more based on the most recent federal decennial census that
31does not use plan “three” for the election of supervisors, as
32defined in section 331.206, as of the effective date of this
33Act, shall not be required to elect supervisors using plan
34“three” until the election for supervisors in 2026, following
35the adoption of a representation plan drawn pursuant to section
-1-1331.210A, subsection 2, paragraph “f”, and the requirements of
2this section.
32. A county required to adopt a representation plan as
4provided in this section shall establish a temporary county
5redistricting commission by the later of thirty days after the
6effective date of this Act or May 15, 2024, and shall complete
7a plan, in conformity with the requirements of sections 331.209
8and 331.210A, no later than November 1, 2024. The plan shall
9be submitted to the state commissioner of elections and shall
10become effective January 1, 2025.
11DIVISION II
12COUNTY SUPERVISOR VACANCIES
13 Sec. 5. Section 43.6, subsection 2, Code 2024, is amended
14to read as follows:
152. When a vacancy occurs in the office of county supervisor
16or any of the offices listed in section 39.17 and more than
17seventy days remain in the term of office following the next
18general election, the office shall be filled for the balance
19of the unexpired term at that general election unless the
20vacancy has been filled by a special election called more
21than seventy-three days before the primary election. If
22the vacancy occurs more than seventy-three days before the
23primary election, political party candidates for that office
24at the next general election shall be nominated at the primary
25election. If an appointment to fill the vacancy in office is
26made eighty-eight or more days before the primary election and
27a petition requesting a special election has not been received
28within fourteen days after the appointment is made, candidates
29for the office shall be nominated at the primary election.
30 Sec. 6. Section 69.14A, subsection 1, Code 2024, is amended
31by striking the subsection and inserting in lieu thereof the
32following:
331. A vacancy on the board of supervisors shall be filled
34by special election held to fill the office for the remaining
35balance of the unexpired term.
-2- 1a. The committee of county officers designated to fill
2the vacancy in section 69.8 shall call for a special election
3to fill the vacancy. The committee shall order the special
4election at the earliest practicable date, but giving at least
5thirty-two days’ notice of the election. A special election
6called under this subsection shall be held on a Tuesday and
7shall not be held on the same day as a school election within
8the county.
9b. However, if a vacancy on the board of supervisors
10occurs after the date of the primary election and more than
11seventy-three days before the general election, a special
12election to fill the vacancy shall not be called by the
13committee. If the term of office in which the vacancy exists
14will expire more than seventy days after the general election,
15the office shall be listed on the ballot, as “For Board of
16Supervisors, To Fill Vacancy”. The person elected at the
17general election shall assume office as soon as a certificate
18of election is issued and the person has qualified by taking
19the oath of office. The person shall serve the balance of the
20unexpired term.
21c. If the term of office in which the vacancy exists will
22expire within seventy days after the general election, the
23person elected to the succeeding term shall also serve the
24balance of the unexpired term. The person elected at the
25general election shall assume office as soon as a certificate
26of election is issued and the person has qualified by taking
27the oath of office.
28 Sec. 7. Section 331.201, subsection 3, Code 2024, is amended
29to read as follows:
303. The office of supervisor is an elective office except
31that if. If a vacancy occurs on the board, a successor may
32 shall be appointed elected to the unexpired term as provided
33in section 69.14A.
34 Sec. 8. Section 331.214, subsection 2, paragraph c, Code
352024, is amended to read as follows:
-3- 1c. If the board declares a vacancy under this subsection and
2the remaining balance of the supervisor’s unexpired term is two
3and one-half years or more, a special election shall be held
4to fill the office as provided in section 69.14A, subsection
51, paragraph “c”.
6DIVISION III
7EFFECTIVE DATE
8 Sec. 9. EFFECTIVE DATE. This Act, being deemed of immediate
9importance, takes effect upon enactment.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill concerns county supervisor representation plans
14and county supervisor vacancies.
15DIVISION I — PLAN “THREE” COUNTY SUPERVISOR REPRESENTATION
16PLANS. This division requires a county with a population of
17125,000 or more based on the most recent federal decennial
18census to use plan “three” for the election of county
19supervisors. Plan “three” requires individual members of
20the board of supervisors for that county to be elected from
21single-member equal-population districts. The bill provides
22that a county with a population of 125,000 or more as of the
23effective date of the bill, that does not use plan “three”
24as of that date for the election of supervisors shall not
25be required to elect supervisors under plan “three” until
26the election for supervisors in 2026 following adoption of a
27representation plan in conformity with the provisions of law
28governing the adoption of a plan “three” representation plan.
29DIVISION II — COUNTY SUPERVISOR VACANCIES. This division
30requires vacancies on the board of supervisors to be filled
31by special election. Current law allows for vacancies to be
32filled by appointment under certain circumstances.
33DIVISION III — EFFECTIVE DATE. The bill takes effect upon
34enactment.
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2supervisor representation plans and county supervisor
3vacancies, and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PLAN “THREE” COUNTY SUPERVISOR REPRESENTATION PLANS
3 Section 1. Section 331.206, subsection 2, paragraph a, Code
42024, is amended to read as follows:
5a. The plan used under subsection 1 shall be selected by the
6board or by a special election as provided in section 331.207.
7A plan selected by the board shall remain in effect for at
8least six years and shall only be changed by a special election
9as provided in section 331.207. However, a county with a
10population of one hundred twenty-five thousand or more based on
11the most recent federal decennial census shall use plan “three”
12for the election of supervisors.
13 Sec. 2. Section 331.207, subsection 2, Code 2024, is amended
14to read as follows:
152. The petition shall be filed with the county commissioner
16by June 1 of an odd-numbered year, subject to subsection
176. The special election shall be held on the first Tuesday
18in August of the odd-numbered year. Notice of the special
19election shall be published once each week for three successive
20weeks in an official newspaper of the county, shall state the
21representation plans to be submitted to the electors, and shall
22state the date of the special election. The last in the series
23of publications shall occur not less than four nor more than
24twenty days before the election.
25 Sec. 3. Section 331.207, subsection 6, Code 2024, is amended
26by striking the subsection.
27 Sec. 4. TRANSITION PROVISION.
281. Notwithstanding any provision of law to the contrary, a
29county with a population of one hundred twenty-five thousand
30or more based on the most recent federal decennial census that
31does not use plan “three” for the election of supervisors, as
32defined in section 331.206, as of the effective date of this
33Act, shall not be required to elect supervisors using plan
34“three” until the election for supervisors in 2026, following
35the adoption of a representation plan drawn pursuant to section
-1-1331.210A, subsection 2, paragraph “f”, and the requirements of
2this section.
32. A county required to adopt a representation plan as
4provided in this section shall establish a temporary county
5redistricting commission by the later of thirty days after the
6effective date of this Act or May 15, 2024, and shall complete
7a plan, in conformity with the requirements of sections 331.209
8and 331.210A, no later than November 1, 2024. The plan shall
9be submitted to the state commissioner of elections and shall
10become effective January 1, 2025.
11DIVISION II
12COUNTY SUPERVISOR VACANCIES
13 Sec. 5. Section 43.6, subsection 2, Code 2024, is amended
14to read as follows:
152. When a vacancy occurs in the office of county supervisor
16or any of the offices listed in section 39.17 and more than
17seventy days remain in the term of office following the next
18general election, the office shall be filled for the balance
19of the unexpired term at that general election unless the
20vacancy has been filled by a special election called more
21than seventy-three days before the primary election. If
22the vacancy occurs more than seventy-three days before the
23primary election, political party candidates for that office
24at the next general election shall be nominated at the primary
25election. If an appointment to fill the vacancy in office is
26made eighty-eight or more days before the primary election and
27a petition requesting a special election has not been received
28within fourteen days after the appointment is made, candidates
29for the office shall be nominated at the primary election.
30 Sec. 6. Section 69.14A, subsection 1, Code 2024, is amended
31by striking the subsection and inserting in lieu thereof the
32following:
331. A vacancy on the board of supervisors shall be filled
34by special election held to fill the office for the remaining
35balance of the unexpired term.
-2- 1a. The committee of county officers designated to fill
2the vacancy in section 69.8 shall call for a special election
3to fill the vacancy. The committee shall order the special
4election at the earliest practicable date, but giving at least
5thirty-two days’ notice of the election. A special election
6called under this subsection shall be held on a Tuesday and
7shall not be held on the same day as a school election within
8the county.
9b. However, if a vacancy on the board of supervisors
10occurs after the date of the primary election and more than
11seventy-three days before the general election, a special
12election to fill the vacancy shall not be called by the
13committee. If the term of office in which the vacancy exists
14will expire more than seventy days after the general election,
15the office shall be listed on the ballot, as “For Board of
16Supervisors, To Fill Vacancy”. The person elected at the
17general election shall assume office as soon as a certificate
18of election is issued and the person has qualified by taking
19the oath of office. The person shall serve the balance of the
20unexpired term.
21c. If the term of office in which the vacancy exists will
22expire within seventy days after the general election, the
23person elected to the succeeding term shall also serve the
24balance of the unexpired term. The person elected at the
25general election shall assume office as soon as a certificate
26of election is issued and the person has qualified by taking
27the oath of office.
28 Sec. 7. Section 331.201, subsection 3, Code 2024, is amended
29to read as follows:
303. The office of supervisor is an elective office except
31that if. If a vacancy occurs on the board, a successor may
32 shall be appointed elected to the unexpired term as provided
33in section 69.14A.
34 Sec. 8. Section 331.214, subsection 2, paragraph c, Code
352024, is amended to read as follows:
-3- 1c. If the board declares a vacancy under this subsection and
2the remaining balance of the supervisor’s unexpired term is two
3and one-half years or more, a special election shall be held
4to fill the office as provided in section 69.14A, subsection
51, paragraph “c”.
6DIVISION III
7EFFECTIVE DATE
8 Sec. 9. EFFECTIVE DATE. This Act, being deemed of immediate
9importance, takes effect upon enactment.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill concerns county supervisor representation plans
14and county supervisor vacancies.
15DIVISION I — PLAN “THREE” COUNTY SUPERVISOR REPRESENTATION
16PLANS. This division requires a county with a population of
17125,000 or more based on the most recent federal decennial
18census to use plan “three” for the election of county
19supervisors. Plan “three” requires individual members of
20the board of supervisors for that county to be elected from
21single-member equal-population districts. The bill provides
22that a county with a population of 125,000 or more as of the
23effective date of the bill, that does not use plan “three”
24as of that date for the election of supervisors shall not
25be required to elect supervisors under plan “three” until
26the election for supervisors in 2026 following adoption of a
27representation plan in conformity with the provisions of law
28governing the adoption of a plan “three” representation plan.
29DIVISION II — COUNTY SUPERVISOR VACANCIES. This division
30requires vacancies on the board of supervisors to be filled
31by special election. Current law allows for vacancies to be
32filled by appointment under certain circumstances.
33DIVISION III — EFFECTIVE DATE. The bill takes effect upon
34enactment.
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