H.F. 177 Section 1. NEW SECTION . 66A.1 Officers subject to recall. 1 1. Any elective public officer of a political subdivision in 2 this state is subject to recall from office by the electors of 3 the political subdivision from which the officer was elected. 4 The eligible electors of a political subdivision may petition 5 for the recall of the elective officer by filing a petition 6 with the county commissioner of elections demanding the recall 7 of the officer. 8 2. A public officer who is appointed to an elective office 9 is subject to recall in the same manner as provided for an 10 officer who is elected to that office. 11 3. An officer shall not be recalled for performing a duty 12 or obligation of the office to which the officer was elected, 13 which duty or obligation is imposed by law, nor for failure to 14 perform any act that if performed would subject the officer to 15 prosecution. 16 4. For purposes of this chapter, “political subdivision” 17 means a county, township, school corporation, city, or any 18 local board or commission whose officers are elected by the 19 people. 20 Sec. 2. NEW SECTION . 66A.2 Petition for recall —— persons 21 qualified to petition —— penalty. 22 1. Any eligible elector of a political subdivision of this 23 state may sign a petition for recall of an officer elected 24 from that political subdivision. However, if the political 25 subdivision from which the officer is elected is divided into 26 election districts, the eligible elector signing the petition 27 must be an eligible elector of that election district from 28 which the officer was elected. 29 2. A person signing a name other than that person’s own to 30 a petition for recall or who knowingly signs the same petition 31 for recall more than once or who is not an eligible elector 32 at the time of signing a petition for recall is guilty of a 33 serious misdemeanor. 34 Sec. 3. NEW SECTION . 66A.3 Petition for recall —— contents, 35 -1- LSB 2072YH (7) 84 sc/nh 1/ 7

H.F. 177 requirements, limitations. 1 1. A petition for recall must contain the following: 2 a. The signatures of eligible electors of the political 3 subdivision or election district affected by the recall equal 4 to at least twenty percent of the total votes cast in the last 5 preceding election for the office affected by the recall, but 6 in no case shall a petition for recall contain fewer than 7 fifty signatures. The county commissioner shall determine 8 and certify to any interested person the number of signatures 9 required on a petition for recall for that office. 10 b. The residence address of each person signing the 11 petition, and the date the petition was signed by that person. 12 c. A statement, in two hundred words or less, detailing the 13 reason for recall of the officer. 14 2. a. A petition for recall shall be eight and one-half 15 by eleven inches in size and shall be in substantially the 16 following form: 17 WARNING 18 A person signing a name other than the person’s own name to 19 a petition or who knowingly signs the person’s name to this 20 petition more than once or who is not an eligible elector at 21 the time the signature is affixed to this petition is guilty of 22 a serious misdemeanor. 23 RECALL PETITION 24 We, the undersigned eligible electors of (name of applicable 25 political subdivision or election district) respectfully 26 petition that an election be held as provided by law on the 27 question of whether (officer’s name), holding the office of 28 ___________, should be recalled for the following reasons: 29 (Setting out the statement of the reason for recall in not 30 more than two hundred words). By affixing the signature, each 31 signer certifies the following: I have personally signed this 32 petition; I am an eligible elector of the state of Iowa and 33 (appropriate political subdivision or election district); and 34 my residence address is correctly written after my name to the 35 -2- LSB 2072YH (7) 84 sc/nh 2/ 7

H.F. 177 best of my knowledge and belief. 1 b. Numbered lines shall follow the heading. Each numbered 2 line shall contain spaces for the signature, signer’s residence 3 address, and the date of the signature. 4 c. Each separate page of a petition for recall shall contain 5 the warning in paragraph “a” . 6 d. When a petition contains more than one page, the pages 7 shall be neatly arranged and securely fastened together before 8 filing. 9 3. a. A petition for recall shall not name more than one 10 officer to be recalled. 11 b. A person shall not be recalled within the first one 12 hundred eighty days after the person takes the oath of 13 office or within one hundred eighty days from the date of the 14 general, regular city, or regular school election, whichever 15 is applicable, at which the office is to be filled by the 16 registered voters. 17 c. A petition for recall shall not be filed against an 18 officer for whom a recall election has been held within a 19 period of two years during a term of office. 20 Sec. 4. NEW SECTION . 66A.4 Filing of petition for recall. 21 1. a. The petition for recall shall be filed with the 22 county commissioner. 23 b. When filing a petition for recall, an affidavit in 24 substantially the following form shall be attached to the 25 petition: 26 I, (name of person filing petition), being duly sworn, say 27 that I circulated or assisted in circulating the petition to 28 which this affidavit is attached, and I believe the signatures 29 affixed to the petition are genuine, and are the signatures 30 of the persons whose names they purport to be, and that the 31 signers were aware of the contents of the petition before 32 signing the petition. 33 ___________________________________ 34 (Signed) 35 -3- LSB 2072YH (7) 84 sc/nh 3/ 7

H.F. 177 Subscribed and sworn to before me by _________, on the _____day 1 of ________, 20__ 2 ___________________________________ 3 (Name) 4 ___________________________________ 5 (Official title) 6 2. After a petition for recall has been filed, it shall not 7 be returned to the person who filed the petition, nor shall 8 any signature or other information be added to the petition 9 for recall. If a signature on a petition sheet is crossed out 10 by the petitioner before the sheet is offered for filing, the 11 elimination of the signature does not affect the validity of 12 other signatures on the petition sheet. 13 Sec. 5. NEW SECTION . 66A.5 Verification of petition. 14 Upon the filing of a petition for recall, the county 15 commissioner shall verify whether the petition has been signed 16 by the required number of eligible electors as specified in 17 section 66A.3. If the petition for recall does not contain the 18 required number of signatures, the county commissioner shall 19 notify the person filing the petition that the petition is not 20 valid. 21 Sec. 6. NEW SECTION . 66A.6 Notification to officer —— 22 statement of justification. 23 Upon the filing of the petition for recall meeting the 24 requirements of this chapter, the county commissioner shall 25 immediately send written notice to the officer named in the 26 petition. The notice shall state that a petition for recall 27 of the officer has been filed, shall include a copy of the 28 statement of the reason for recall as printed on the petition, 29 and shall inform the officer that the officer may have printed 30 on the special election ballot a statement of justification in 31 not more than two hundred words stating why the officer should 32 not be recalled. To be printed on the ballot, the statement 33 of justification must be submitted to the county commissioner 34 within ten days of the date the notice is sent to the officer 35 -4- LSB 2072YH (7) 84 sc/nh 4/ 7

H.F. 177 named in the petition for recall. 1 Sec. 7. NEW SECTION . 66A.7 Objection to the petition —— 2 notice and hearing. 3 1. Objections to the legal sufficiency of a petition for 4 recall may be filed in writing by any person who would have the 5 right to vote for a candidate for the office in question. The 6 objections must be filed with the county commissioner not later 7 than fourteen days after the petition for recall is filed. 8 2. If objections are filed, notice shall be mailed within 9 seventy-two hours by certified mail to the person who filed 10 the petition. A hearing on the objections shall be held in 11 the manner provided for objections to nomination petitions or 12 certificates of nomination filed pursuant to chapter 43, 44, 13 45, or 277, whichever is applicable. 14 Sec. 8. NEW SECTION . 66A.8 Presumption of validity. 15 A petition for recall filed under this chapter, and being 16 apparently in conformity with law, shall be regarded as valid, 17 unless objection is made in writing, and the petition shall 18 be open to public inspection and preserved by the county 19 commissioner for not less than six months after the special 20 recall election is held. 21 Sec. 9. NEW SECTION . 66A.9 Recall election. 22 If the officer named in the petition for recall submits 23 a resignation in writing, it shall be accepted and become 24 effective the day it is offered. The vacancy created by the 25 resignation shall be filled as provided by law, except that the 26 officer named in the petition for recall shall not be appointed 27 to fill the vacancy. If the officer named in the petition does 28 not resign within five days after the petition for recall is 29 filed, a special election on the recall of the officer shall 30 be called. Notwithstanding section 39.2, subsection 4, the 31 recall election shall be held the first Tuesday following 32 sixty days after the date the petition is filed. However, 33 the special election shall not be held on the same day as a 34 regularly scheduled election. If the first Tuesday following 35 -5- LSB 2072YH (7) 84 sc/nh 5/ 7

H.F. 177 sixty days after the date the petition is filed is the same day 1 as a regularly scheduled election, the special election shall 2 be held the first Tuesday following the regularly scheduled 3 election. 4 Sec. 10. NEW SECTION . 66A.10 Conduct of recall election. 5 1. A special election for recall of an officer shall be 6 conducted, and the results canvassed and certified, in the same 7 manner that a regularly scheduled election to fill that office 8 is conducted. 9 2. The ballot submitted at a recall election shall set 10 forth the statement contained in the petition for recall 11 stating the reason for demanding the recall of the officer 12 and the statement of justification submitted by the officer, 13 if submitted in a timely manner. The question of whether the 14 officer should be recalled shall be placed on the ballot in 15 substantially the following form: 16 ____. FOR recalling ____ who holds the office of ______. 17 ____. AGAINST recalling ____ who holds the office of 18 ______________. 19 3. Expenses of a recall election shall be paid in the same 20 manner as the expenses of a regularly scheduled election to 21 fill that office. 22 Sec. 11. NEW SECTION . 66A.11 Election results —— filling 23 of vacancy. 24 1. The officer named in the petition for recall shall 25 continue in office until the officer resigns or the results of 26 the recall election are officially declared. 27 2. If a majority of those voting on the question vote to 28 recall the officer, the office becomes vacant and the vacancy 29 shall be filled as provided by chapter 69. However, in no 30 event shall the officer recalled be appointed to fill the 31 vacancy. 32 Sec. 12. IMPLEMENTATION OF ACT. Section 25B.2, subsection 33 3, shall not apply to this Act. 34 EXPLANATION 35 -6- LSB 2072YH (7) 84 sc/nh 6/ 7

H.F. 177 This bill allows for the recall from office of an elected 1 official of a political subdivision by the electors of that 2 political subdivision, or election district, if applicable. 3 The bill provides that a petition for recall of an officer may 4 be filed by the eligible electors of a political subdivision 5 or election district equal in number to at least 20 percent 6 of the total votes cast for the office in question in the 7 last preceding election, but in no case shall the number of 8 signatures be less than 50. 9 If the petition is filed in a timely manner, is of legal 10 sufficiency, is not objected to in writing, and if the officer 11 named in the petition does not resign from office, a recall 12 election shall be held on the question of whether the officer 13 shall be recalled from office. If the officer resigns, or if a 14 majority of the total votes cast at the recall election is in 15 favor of the recall of the officer, the vacancy in the office 16 shall be filled in a manner provided for that office in Code 17 chapter 69. 18 The bill may include a state mandate as defined in Code 19 section 25B.3. The bill makes inapplicable Code section 25B.2, 20 subsection 3, which would relieve a political subdivision from 21 complying with a state mandate if funding for the cost of 22 the state mandate is not provided or specified. Therefore, 23 political subdivisions are required to comply with any state 24 mandate included in the bill. 25 -7- LSB 2072YH (7) 84 sc/nh 7/ 7