House File 2366 - Introduced HOUSE FILE 2366 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 622) A BILL FOR An Act relating to the terms of appointees to vacancies in 1 elective city office. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6127HV (2) 85 aw/sc

H.F. 2366 Section 1. Section 372.13, subsection 2, paragraph a, Code 1 2014, is amended to read as follows: 2 a. (1) By appointment by the remaining members of the 3 council, except that if the remaining members do not constitute 4 a quorum of the full membership, paragraph “b” shall be 5 followed. The appointment shall be made within sixty days 6 after the vacancy occurs and shall be for the period until the 7 next pending election as defined in section 69.12 , and shall 8 be made within forty days after the vacancy occurs regular 9 city election described in section 376.1, unless there is an 10 intervening special election for that city, in which event the 11 election for the office shall be placed on the ballot at such 12 special election . 13 (2) If the council chooses to proceed under this paragraph, 14 it shall publish notice in the manner prescribed by section 15 362.3 , stating that the council intends to fill the vacancy 16 by appointment but that the electors of the city or ward, as 17 the case may be, have the right to file a petition requiring 18 that the vacancy be filled by a special election. The council 19 may publish notice in advance if an elected official submits 20 a resignation to take effect at a future date. The council 21 may make an appointment to fill the vacancy after the notice 22 is published or after the vacancy occurs, whichever is later. 23 However, if within fourteen days after publication of the 24 notice or within fourteen days after the appointment is made, 25 there is filed with the city clerk a petition which requests a 26 special election to fill the vacancy, an appointment to fill 27 the vacancy is temporary and the council shall call a special 28 election to fill the vacancy permanently, under paragraph “b” . 29 The number of signatures of eligible electors of a city for a 30 valid petition shall be determined as follows: 31 (1) (a) For a city with a population of ten thousand or 32 less, at least two hundred signatures or at least the number of 33 signatures equal to fifteen percent of the voters who voted for 34 candidates for the office at the preceding regular election at 35 -1- LSB 6127HV (2) 85 aw/sc 1/ 3

H.F. 2366 which the office was on the ballot, whichever number is fewer. 1 (2) (b) For a city with a population of more than ten 2 thousand but not more than fifty thousand, at least one 3 thousand signatures or at least the number of signatures equal 4 to fifteen percent of the voters who voted for candidates for 5 the office at the preceding regular election at which the 6 office was on the ballot, whichever number is fewer. 7 (3) (c) For a city with a population of more than fifty 8 thousand, at least two thousand signatures or at least the 9 number of signatures equal to ten percent of the voters who 10 voted for candidates for the office at the preceding regular 11 election at which the office was on the ballot, whichever 12 number is fewer. 13 (4) (d) The minimum number of signatures for a valid 14 petition pursuant to subparagraphs (1) subparagraph divisions 15 (a) through (3) (d) shall not be fewer than ten. In 16 determining the minimum number of signatures required, if at 17 the last preceding election more than one position was to be 18 filled for the office in which the vacancy exists, the number 19 of voters who voted for candidates for the office shall be 20 determined by dividing the total number of votes cast for the 21 office by the number of seats to be filled. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to vacancies in elective city office. 26 Under current law, a city council may make an appointment 27 to fill a vacancy in elective city office and the term of the 28 appointment shall be until the next pending election. The term 29 “pending election” refers to any election at which either the 30 office in which the vacancy exists will appear on the ballot 31 or an election for any other office to be filled or any public 32 question to be decided by the voters of the same political 33 subdivision in which the vacancy exists. 34 The bill provides that the term of an appointment to 35 -2- LSB 6127HV (2) 85 aw/sc 2/ 3

H.F. 2366 elective city office to fill a vacancy shall be until the next 1 regular city election or until the next intervening special 2 election for that city. The bill further requires that such 3 appointments be made within 60 days after the vacancy occurs, 4 rather than 40 days as required under current law. 5 -3- LSB 6127HV (2) 85 aw/sc 3/ 3