Text: HF02081 Text: HF02083 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 69.14A, subsection 1, paragraph a, Code 1 2 1995, is amended to read as follows: 1 3 a. By appointment by the committee of county officers 1 4 designated to fill the vacancy in section 69.8. The 1 5 appointment shall be for the period until the next pending 1 6 election as defined in section 69.12, and shall be made within 1 7 forty days after the vacancy occurs. If the committee of 1 8 county officers designated to fill the vacancy chooses to 1 9 proceed under this paragraph, the committee shall publish 1 10 notice in the manner prescribed by section 331.305 stating 1 11 that the committee intends to fill the vacancy by appointment 1 12but that the electors of the district or county, as the case1 13may be, have the right to file a petition requiring that the1 14vacancy be filled by special election. The committee may 1 15 publish notice in advance if an elected official submits a 1 16 resignation to take effect at a future date. The committee 1 17 may make an appointment to fill the vacancy after the notice 1 18 is published or after the vacancy occurs, whichever is later. 1 19 A person appointed to an office under this subsection shall 1 20 have actually resided in the county which the appointee 1 21 represents sixty days prior to appointment. 1 22However, if within fourteen days after publication of the1 23notice or within fourteen days after the appointment is made,1 24whichever is later, a petition is filed with the county1 25auditor requesting a special election to fill the vacancy, the1 26appointment is temporary and a special election shall be1 27called as provided in paragraph "b". The petition shall meet1 28the requirements of section 331.306, except that in counties1 29where supervisors are elected under plan "three", the number1 30of signatures calculated according to the formula in section1 31331.306 shall be divided by the number of supervisor districts1 32in the county.1 33 Sec. 2. Section 69.14A, subsection 1, paragraph b, 1 34 unnumbered paragraphs 1 and 2, Code 1995, are amended to read 1 35 as follows: 2 1 By special election held to fill the office for the 2 2 remaining balance of the unexpired term. The committee of 2 3 county officers designated to fill the vacancy in section 69.8 2 4 may, on its own motion,or shall, upon receipt of a petition2 5as provided in paragraph "a",call for a special election to 2 6 fill the vacancy in lieu of appointment. The committee shall 2 7 order the special election at the earliest practicable date, 2 8 but giving at least thirty days' notice of the election. A 2 9 special election called under this section shall be held on a 2 10 Tuesday and shall not be held on the same day as a school 2 11 election within the county. 2 12 However, if a vacancy on the board of supervisors occurs 2 13 after the date of the primary election and more than seventy- 2 14 three days before the general election, a special election to 2 15 fill the vacancy shall not be called by the committeeor by2 16petition. If the term of office in which the vacancy exists 2 17 will expire more than seventy days after the general election, 2 18 the office shall be listed on the ballot, as "For Board of 2 19 Supervisors, To Fill Vacancy". The person elected at the 2 20 general election shall assume office as soon as a certificate 2 21 of election is issued and the person has qualified by taking 2 22 the oath of office. The person shall serve the balance of the 2 23 unexpired term. 2 24 Sec. 3. Section 69.14A, subsection 2, paragraph a, Code 2 25 1995, is amended to read as follows: 2 26 a. By appointment by the board of supervisors. The 2 27 appointment shall be for the period until the next pending 2 28 election as defined in section 69.12, and shall be made within 2 29 forty days after the vacancy occurs. If the board of 2 30 supervisors chooses to proceed under this paragraph, the board 2 31 shall publish notice in the manner prescribed by section 2 32 331.305 stating that the board intends to fill the vacancy by 2 33 appointmentbut that the electors of the county have the right2 34to file a petition requiring that the vacancy be filled by2 35special election. The board may publish notice in advance if 3 1 an elected official submits a resignation to take effect at a 3 2 future date. The board may make an appointment to fill the 3 3 vacancy after the notice is published or after the vacancy 3 4 occurs, whichever is later. A person appointed to an office 3 5 under this subsection shall have actually resided in the 3 6 county which the appointee represents sixty days prior to 3 7 appointment. 3 8However, if within fourteen days after publication of the3 9notice or within fourteen days after the appointment is made,3 10whichever is later, a petition is filed with the county3 11auditor requesting a special election to fill the vacancy, the3 12appointment is temporary and a special election shall be3 13called as provided in paragraph "b". The petition shall meet3 14the requirements of section 331.306.3 15Sec. 4. Section 69.14A, subsection 2, paragraph b, 3 16 unnumbered paragraphs 1 and 2, Code 1995, are amended to read 3 17 as follows: 3 18 By special election held to fill the office for the 3 19 remaining balance of the unexpired term. The board of 3 20 supervisors may, on its own motion,or shall, upon receipt of3 21a petition as provided in paragraph "a",call for a special 3 22 election to fill the vacancy in lieu of appointment. The 3 23 committee shall order the special election at the earliest 3 24 practicable date, but giving at least thirty days' notice of 3 25 the election. A special election called under this section 3 26 shall be held on a Tuesday and shall not be held on the same 3 27 day as a school election within the county. 3 28 If a vacancy in an elective county office occurs after the 3 29 date of the primary election and more than seventy-three days 3 30 before the general election, a special election to fill the 3 31 vacancy shall not be called by the board of supervisorsor by3 32petition. If the term of office in which the vacancy exists 3 33 will expire more than seventy days after the general election, 3 34 the office shall be listed on the ballot with the name of the 3 35 office and the additional description, "To Fill Vacancy". The 4 1 person elected at the general election shall assume office as 4 2 soon as a certificate of election is issued and the person has 4 3 qualified by taking the oath of office. The person shall 4 4 serve the balance of the unexpired term. 4 5 EXPLANATION 4 6 Iowa Code section 69.14A provides that a vacancy in an 4 7 elective county office may be filled either by appointment or 4 8 by special election. If the method chosen is by appointment, 4 9 a special election may still be called if a petition is filed 4 10 within 14 days of the notice of appointment. This bill 4 11 strikes the provisions which allow a special election by 4 12 petition when appointment has been chosen as the method of 4 13 filling the vacancy. 4 14 LSB 3525HH 76 4 15 sc/jw/5
Text: HF02081 Text: HF02083 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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