House File 2179 - Introduced HOUSE FILE 2179 BY HORA A BILL FOR An Act relating to county supervisors, concerning county 1 supervisor representation plans and county supervisor 2 vacancies, and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5863HH (2) 90 th/ns
H.F. 2179 DIVISION I 1 PLAN “THREE” COUNTY SUPERVISOR REPRESENTATION PLANS 2 Section 1. Section 331.206, subsection 2, paragraph a, Code 3 2024, is amended to read as follows: 4 a. The plan used under subsection 1 shall be selected by 5 the board or by a special election as provided in section 6 331.207 . A plan selected by the board shall remain in effect 7 for at least six years and shall only be changed by a special 8 election as provided in section 331.207 . However, a county 9 with a population of sixty thousand or more based on the most 10 recent federal decennial census shall use plan “three” for the 11 election of supervisors. 12 Sec. 2. Section 331.207, subsection 2, Code 2024, is amended 13 to read as follows: 14 2. The petition shall be filed with the county commissioner 15 by June 1 of an odd-numbered year , subject to subsection 16 6 . The special election shall be held on the first Tuesday 17 in August of the odd-numbered year. Notice of the special 18 election shall be published once each week for three successive 19 weeks in an official newspaper of the county, shall state the 20 representation plans to be submitted to the electors, and shall 21 state the date of the special election. The last in the series 22 of publications shall occur not less than four nor more than 23 twenty days before the election. 24 Sec. 3. Section 331.207, subsection 6, Code 2024, is amended 25 by striking the subsection. 26 Sec. 4. TRANSITION PROVISION. 27 1. Notwithstanding any provision of law to the contrary, 28 a county with a population of sixty thousand or more based on 29 the most recent federal decennial census that does not use 30 plan “three” for the election of supervisors, as defined in 31 section 331.206, as of the effective date of this Act, shall 32 not be required to elect supervisors using plan “three” until 33 the election for supervisors in 2026, following the adoption 34 of a representation plan drawn pursuant to section 331.210A, 35 -1- LSB 5863HH (2) 90 th/ns 1/ 9
H.F. 2179 subsection 2, paragraph “f”, and the requirements of this 1 section. 2 2. A county required to adopt a representation plan as 3 provided in this section shall establish a temporary county 4 redistricting commission by the later of thirty days after the 5 effective date of this Act or May 15, 2024, and shall complete 6 a plan, in conformity with the requirements of sections 331.209 7 and 331.210A, no later than November 1, 2024. The plan shall 8 be submitted to the state commissioner of elections and shall 9 become effective January 1, 2025. 10 DIVISION II 11 PLAN “TWO” COUNTY SUPERVISOR REPRESENTATION PLANS 12 Sec. 5. Section 49.3, subsection 2, paragraph a, Code 2024, 13 is amended to read as follows: 14 a. All boundaries , except for supervisor districts for 15 counties using supervisor representation plan “two” pursuant to 16 section 331.209 , shall follow precinct boundaries. 17 Sec. 6. Section 331.203, subsection 2, paragraph b, Code 18 2024, is amended to read as follows: 19 b. If plan “two” or plan “three” as defined in section 20 331.206 is in effect, the temporary county redistricting 21 commission shall divide the county into five equal-population 22 districts by December 15 of the year preceding the year of the 23 next general election and at that general election, five board 24 members shall be elected, two for initial terms of two years 25 and three for four-year terms. The districts shall be drawn in 26 the manner provided under sections section 331.209 and 331.210 . 27 The terms of the three incumbent supervisors shall expire on 28 the date that the five-member board becomes effective. 29 Sec. 7. Section 331.204, subsection 3, Code 2024, is amended 30 to read as follows: 31 3. At the next general election following the one at 32 which the proposition to reduce the membership of the board 33 to three is approved, the membership of the board shall be 34 elected according to the supervisor representation plan in 35 -2- LSB 5863HH (2) 90 th/ns 2/ 9
H.F. 2179 effect in the county. If the supervisor representation plan 1 includes equal-population districts, the districts shall be 2 designated by December 15 of the year preceding the year of the 3 next general election by the temporary county redistricting 4 commission. The districts shall be drawn in the manner 5 provided under sections section 331.209 and 331.210 . One 6 member of the board shall be elected to a two-year term and the 7 remaining two members shall be elected to four-year terms. The 8 length of the term for which a person is a candidate and the 9 date when the term begins shall be indicated on the ballot. 10 Sec. 8. Section 331.206, subsection 1, paragraph b, Code 11 2024, is amended by striking the paragraph. 12 Sec. 9. Section 331.206, subsection 2, paragraph b, Code 13 2024, is amended to read as follows: 14 b. A plan selected by the board shall become effective 15 on the first day in January which is not a Sunday or holiday 16 following the next general election, at which time the terms of 17 the members expire and the terms of the members elected under 18 the requirements of the new supervisor representation plan 19 at the general election as specified in section 331.208 , or 20 331.209 , or 331.210 shall commence. 21 Sec. 10. Section 331.207, subsections 3, 4, and 5, Code 22 2024, are amended to read as follows: 23 3. The supervisor representation plans submitted at the 24 special election shall be stated in substantially the following 25 manner: 26 The individual members of the board of supervisors in ...... 27 county, Iowa, shall be elected: 28 Plan “one”. At large and without district residence 29 requirements for the members. 30 Plan “two”. At large but with equal-population district 31 residence requirements for the members. 32 Plan “three”. From single-member equal-population districts 33 in which the electors of each district shall elect one member 34 who must reside in that district. 35 -3- LSB 5863HH (2) 90 th/ns 3/ 9
H.F. 2179 4. If the plan adopted by a plurality of the ballots cast 1 in the special election is not the supervisor representation 2 plan currently in effect in the county, the terms of the county 3 supervisors serving at the time of the special election shall 4 continue until the first day in January which is not a Sunday 5 or holiday following the next general election, at which time 6 the terms of the members shall expire and the terms of the 7 members elected under the requirements of the new supervisor 8 representation plan at the general election as specified in 9 section 331.208 , or 331.209 , or 331.210 shall commence. 10 5. If the plan adopted by a plurality of the ballots cast 11 in the special election represents a change from plan “one” to 12 plan “two” or “three”, or from plan “two” to plan “three”, as 13 each plan is defined in section 331.206 , the temporary county 14 redistricting commission shall divide the county into districts 15 as provided in sections section 331.209 and 331.210 . The 16 plan shall be completed not later than November 1 following 17 the special election and shall be submitted to the state 18 commissioner of elections. The plan shall become effective the 19 following January 1. 20 Sec. 11. Section 331.209, unnumbered paragraph 1, Code 21 2024, is amended to read as follows: 22 If plan “two” “three” is selected pursuant to section 23 331.206 or 331.207 , the board shall be elected as provided in 24 this section . 25 Sec. 12. Section 331.209, subsection 2, Code 2024, is 26 amended by striking the subsection and inserting in lieu 27 thereof the following: 28 2. The boundaries of supervisor districts shall follow 29 voting precinct lines and each member of the board and each 30 candidate for the office shall be elected or nominated at the 31 primary and general elections by only the electors of the 32 district which that candidate seeks to represent. 33 Sec. 13. Section 331.210A, subsection 1, paragraph a, Code 34 2024, is amended to read as follows: 35 -4- LSB 5863HH (2) 90 th/ns 4/ 9
H.F. 2179 a. Not later than May 15 of each year ending in one, a 1 temporary county redistricting commission shall be established 2 as provided by this section for counties which have either 3 plan “two” or a plan “three” supervisor representation plans 4 plan . If a county has either plan “two” or a plan “three” 5 supervisor representation plans plan and the number of members 6 of the board is increased or decreased under section 331.203 or 7 331.204 , the temporary county redistricting commission shall 8 be established by May 15 of the year preceding the year of the 9 next general election. 10 Sec. 14. REPEAL. Section 331.210, Code 2024, is repealed. 11 Sec. 15. PLAN “TWO” REPRESENTATION PLANS —— TRANSITION 12 PROVISION. 13 1. Notwithstanding any provision of law to the contrary, a 14 county with a population of under sixty thousand based on the 15 most recent federal decennial census that uses plan “two” for 16 the election of supervisors, as defined in section 331.206, as 17 of the effective date of this Act, shall not be required to 18 elect supervisors using plan “one” or plan “three” until the 19 election for supervisors in 2026 subject to the requirements of 20 this section. 21 2. The board of supervisors of a county subject to the 22 requirements of subsection 1 shall, within thirty days of the 23 effective date of this Act, adopt, by resolution, either plan 24 “one” or plan “three” as the representation plan for the county 25 beginning with the election for supervisors in 2026. 26 3. If the board of supervisors adopts plan “three” 27 as provided in subsection 2, the county shall establish 28 a temporary county redistricting commission by the later 29 of thirty days after the date of the resolution adopting 30 plan “three” or May 15, 2024, and shall complete a plan, in 31 conformity with the requirements of sections 331.209 and 32 331.210A no later than November 1, 2024. The plan shall be 33 submitted to the state commissioner of elections and shall 34 become effective January 1, 2025. 35 -5- LSB 5863HH (2) 90 th/ns 5/ 9
H.F. 2179 DIVISION III 1 COUNTY SUPERVISOR VACANCIES 2 Sec. 16. Section 43.6, subsection 2, Code 2024, is amended 3 to read as follows: 4 2. When a vacancy occurs in the office of county supervisor 5 or any of the offices listed in section 39.17 and more than 6 seventy days remain in the term of office following the next 7 general election, the office shall be filled for the balance 8 of the unexpired term at that general election unless the 9 vacancy has been filled by a special election called more 10 than seventy-three days before the primary election. If 11 the vacancy occurs more than seventy-three days before the 12 primary election, political party candidates for that office 13 at the next general election shall be nominated at the primary 14 election. If an appointment to fill the vacancy in office is 15 made eighty-eight or more days before the primary election and 16 a petition requesting a special election has not been received 17 within fourteen days after the appointment is made, candidates 18 for the office shall be nominated at the primary election. 19 Sec. 17. Section 69.14A, subsection 1, Code 2024, is amended 20 by striking the subsection and inserting in lieu thereof the 21 following: 22 1. A vacancy on the board of supervisors shall be filled 23 by special election held to fill the office for the remaining 24 balance of the unexpired term. 25 a. The committee of county officers designated to fill 26 the vacancy in section 69.8 shall call for a special election 27 to fill the vacancy. The committee shall order the special 28 election at the earliest practicable date, but giving at least 29 thirty-two days’ notice of the election. A special election 30 called under this subsection shall be held on a Tuesday and 31 shall not be held on the same day as a school election within 32 the county. 33 b. However, if a vacancy on the board of supervisors 34 occurs after the date of the primary election and more than 35 -6- LSB 5863HH (2) 90 th/ns 6/ 9
H.F. 2179 seventy-three days before the general election, a special 1 election to fill the vacancy shall not be called by the 2 committee. If the term of office in which the vacancy exists 3 will expire more than seventy days after the general election, 4 the office shall be listed on the ballot, as “For Board of 5 Supervisors, To Fill Vacancy”. The person elected at the 6 general election shall assume office as soon as a certificate 7 of election is issued and the person has qualified by taking 8 the oath of office. The person shall serve the balance of the 9 unexpired term. 10 c. If the term of office in which the vacancy exists will 11 expire within seventy days after the general election, the 12 person elected to the succeeding term shall also serve the 13 balance of the unexpired term. The person elected at the 14 general election shall assume office as soon as a certificate 15 of election is issued and the person has qualified by taking 16 the oath of office. 17 Sec. 18. Section 331.201, subsection 3, Code 2024, is 18 amended to read as follows: 19 3. The office of supervisor is an elective office except 20 that if . If a vacancy occurs on the board, a successor may 21 shall be appointed elected to the unexpired term as provided 22 in section 69.14A . 23 Sec. 19. Section 331.214, subsection 2, paragraph c, Code 24 2024, is amended to read as follows: 25 c. If the board declares a vacancy under this subsection and 26 the remaining balance of the supervisor’s unexpired term is two 27 and one-half years or more, a special election shall be held 28 to fill the office as provided in section 69.14A, subsection 29 1 , paragraph “c” . 30 DIVISION IV 31 EFFECTIVE DATE 32 Sec. 20. EFFECTIVE DATE. This Act, being deemed of 33 immediate importance, takes effect upon enactment. 34 EXPLANATION 35 -7- LSB 5863HH (2) 90 th/ns 7/ 9
H.F. 2179 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill concerns county supervisor representation plans 3 and county supervisor vacancies. 4 DIVISION I —— PLAN “THREE” COUNTY SUPERVISOR REPRESENTATION 5 PLANS. This division requires a county with a population of 6 60,000 or more based on the most recent federal decennial 7 census to use plan “three” for the election of county 8 supervisors. Plan “three” requires individual members of 9 the board of supervisors for that county to be elected from 10 single-member equal-population districts. The bill provides 11 that a county with a population of 60,000 or more as of the 12 effective date of the bill, that does not use plan “three” 13 as of that date for the election of supervisors shall not 14 be required to elect supervisors under plan “three” until 15 the election for supervisors in 2026 following adoption of a 16 representation plan in conformity with the provisions of law 17 governing the adoption of a plan “three” representation plan. 18 DIVISION II —— PLAN “TWO” COUNTY SUPERVISOR REPRESENTATION 19 PLANS. This division eliminates the option for counties to 20 use plan “two” for the election of county supervisors. Plan 21 “two” requires individual members of the board of supervisors 22 for that county to be elected at large with equal-population 23 district residence requirements. The bill provides that a 24 county with a population of under 60,000 as of the effective 25 date of the bill, that uses plan “two” as of that date for 26 the election of supervisors shall not be required to elect 27 supervisors under plan “one” or “three” until the election 28 for supervisors in 2026. The bill requires the board of 29 supervisors of a county subject to the requirements of 30 the division to adopt either plan “one” or plan “three” by 31 resolution within 30 days of the effective date of the bill. 32 If plan “three” is adopted, the county shall adopt a plan 33 “three” representation plan in conformity with the provisions 34 of law governing the adoption of a plan “three” representation 35 -8- LSB 5863HH (2) 90 th/ns 8/ 9
H.F. 2179 plan to be used for the election of supervisors in 2026. 1 DIVISION III —— COUNTY SUPERVISOR VACANCIES. This division 2 requires vacancies on the board of supervisors to be filled 3 by special election. Current law allows for vacancies to be 4 filled by appointment under certain circumstances. 5 DIVISION IV —— EFFECTIVE DATE. The bill takes effect upon 6 enactment. 7 -9- LSB 5863HH (2) 90 th/ns 9/ 9