HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON COWNIE)

A BILL FOR

An Act relating to filling a vacancy in an elective city office.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 372.13, subsection 2, paragraph a, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   By appointment by the remaining members of the council, except that if the remaining members do not constitute a quorum of the full membership, paragraph “b” shall be followed. The appointment shall be made within forty days after the vacancy occurs and shall be for the period until the next pending election as defined in section 69.12, and shall be made within forty days after the vacancy occurs regular city election, unless there is an intervening special election to fill a vacancy in another elective city office in that city or there is an intervening special election on a city ballot proposition for that city, in which case the office shall be placed on the ballot at such intervening election and the appointee’s term of appointment shall be until a successor is elected and qualifies. If the council chooses to proceed under this paragraph, it shall publish notice in the manner prescribed by section 362.3, stating that the council intends to fill the vacancy by appointment but that the electors of the city or ward, as the case may be, have the right to file a petition requiring that the vacancy be filled by a special election. The council may publish notice in advance if an elected official submits a resignation to take effect at a future date. The council may make an appointment to fill the vacancy after the notice is published or after the vacancy occurs, whichever is later. However, if within fourteen days after publication of the notice or within fourteen days after the appointment is made, there is filed with the city clerk a petition which requests a special election to fill the vacancy, an appointment to fill the vacancy is temporary and the council shall call a special election to fill the vacancy permanently, under paragraph “b”. The number of signatures of eligible electors of a city for a valid petition shall be determined as follows:
EXPLANATION
   This bill makes changes relating to filling a vacancy in an elective city office.
   The bill specifies that if an appointment is made to fill a vacancy in an elective city office, the term of appointment runs until the next regular city election, unless an intervening special election on a city ballot proposition or to fill another vacancy in an elective city office is held, and, in that case, the vacancy shall be filled at such special election.