House File 223 - Introduced HOUSE FILE 223 BY WATTS A BILL FOR An Act relating to filling vacancies in elective city offices. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1065YH (1) 84 sc/nh

H.F. 223 Section 1. Section 372.13, subsection 2, paragraph a, 1 unnumbered paragraph 1, Code 2011, is amended to read as 2 follows: 3 By appointment by the remaining members of the council, 4 except that if the remaining members do not constitute a quorum 5 of the full membership, paragraph “b” shall be followed. The 6 appointment shall be made within forty days after the vacancy 7 occurs and shall be for the period until the next pending 8 election as defined in section 69.12 , and shall be made within 9 forty days after the vacancy occurs regular city election, 10 unless there is an intervening special election to fill a 11 vacancy in another elective city office in that city or there 12 is an intervening special election on a city ballot proposition 13 for that city, in which case the office shall be placed on 14 the ballot at such intervening election and the appointee’s 15 term of appointment shall be until a successor is elected 16 and qualifies . If the council chooses to proceed under this 17 paragraph, it shall publish notice in the manner prescribed by 18 section 362.3 , stating that the council intends to fill the 19 vacancy by appointment but that the electors of the city or 20 ward, as the case may be, have the right to file a petition 21 requiring that the vacancy be filled by a special election. 22 The council may publish notice in advance if an elected 23 official submits a resignation to take effect at a future date. 24 The council may make an appointment to fill the vacancy after 25 the notice is published or after the vacancy occurs, whichever 26 is later. However, if within fourteen days after publication 27 of the notice or within fourteen days after the appointment 28 is made, there is filed with the city clerk a petition which 29 requests a special election to fill the vacancy, an appointment 30 to fill the vacancy is temporary and the council shall call 31 a special election to fill the vacancy permanently, under 32 paragraph “b” . The number of signatures of eligible electors of 33 a city for a valid petition shall be determined as follows: 34 EXPLANATION 35 -1- LSB 1065YH (1) 84 sc/nh 1/ 2

H.F. 223 This bill makes changes relating to filling a vacancy in an 1 elective city office. 2 The bill specifies that if an appointment is made to 3 fill a vacancy in an elective city office, the term of 4 appointment runs until the next regular city election, unless 5 an intervening special election on a city ballot proposition 6 or to fill another vacancy in an elective city office is held, 7 and, in that case, the vacancy shall be filled at such special 8 election. 9 -2- LSB 1065YH (1) 84 sc/nh 2/ 2