Senate File 2283 - Introduced SENATE FILE 2283 BY DRISCOLL 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 6100XS (1) 90 th/ns
S.F. 2283 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 the 5 board or by a special election as provided in section 331.207 . 6 A plan selected by the board shall remain in effect for at 7 least six years and shall only be changed by a special election 8 as provided in section 331.207 . However, a county with a 9 population of one hundred twenty-five thousand or more based on 10 the most recent federal decennial census shall use plan “three” 11 for the 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, a 28 county with a population of one hundred twenty-five thousand 29 or more based on the most recent federal decennial census that 30 does not use plan “three” for the election of supervisors, as 31 defined in section 331.206, as of the effective date of this 32 Act, shall not be required to elect supervisors using plan 33 “three” until the election for supervisors in 2026, following 34 the adoption of a representation plan drawn pursuant to section 35 -1- LSB 6100XS (1) 90 th/ns 1/ 4
S.F. 2283 331.210A, subsection 2, paragraph “f”, and the requirements of 1 this 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 COUNTY SUPERVISOR VACANCIES 12 Sec. 5. Section 43.6, subsection 2, Code 2024, is amended 13 to read as follows: 14 2. When a vacancy occurs in the office of county supervisor 15 or any of the offices listed in section 39.17 and more than 16 seventy days remain in the term of office following the next 17 general election, the office shall be filled for the balance 18 of the unexpired term at that general election unless the 19 vacancy has been filled by a special election called more 20 than seventy-three days before the primary election. If 21 the vacancy occurs more than seventy-three days before the 22 primary election, political party candidates for that office 23 at the next general election shall be nominated at the primary 24 election. If an appointment to fill the vacancy in office is 25 made eighty-eight or more days before the primary election and 26 a petition requesting a special election has not been received 27 within fourteen days after the appointment is made, candidates 28 for the office shall be nominated at the primary election. 29 Sec. 6. Section 69.14A, subsection 1, Code 2024, is amended 30 by striking the subsection and inserting in lieu thereof the 31 following: 32 1. A vacancy on the board of supervisors shall be filled 33 by special election held to fill the office for the remaining 34 balance of the unexpired term. 35 -2- LSB 6100XS (1) 90 th/ns 2/ 4
S.F. 2283 a. The committee of county officers designated to fill 1 the vacancy in section 69.8 shall call for a special election 2 to fill the vacancy. The committee shall order the special 3 election at the earliest practicable date, but giving at least 4 thirty-two days’ notice of the election. A special election 5 called under this subsection shall be held on a Tuesday and 6 shall not be held on the same day as a school election within 7 the county. 8 b. However, if a vacancy on the board of supervisors 9 occurs after the date of the primary election and more than 10 seventy-three days before the general election, a special 11 election to fill the vacancy shall not be called by the 12 committee. If the term of office in which the vacancy exists 13 will expire more than seventy days after the general election, 14 the office shall be listed on the ballot, as “For Board of 15 Supervisors, To Fill Vacancy”. The person elected at the 16 general election shall assume office as soon as a certificate 17 of election is issued and the person has qualified by taking 18 the oath of office. The person shall serve the balance of the 19 unexpired term. 20 c. If the term of office in which the vacancy exists will 21 expire within seventy days after the general election, the 22 person elected to the succeeding term shall also serve the 23 balance of the unexpired term. The person elected at the 24 general election shall assume office as soon as a certificate 25 of election is issued and the person has qualified by taking 26 the oath of office. 27 Sec. 7. Section 331.201, subsection 3, Code 2024, is amended 28 to read as follows: 29 3. The office of supervisor is an elective office except 30 that if . If a vacancy occurs on the board, a successor may 31 shall be appointed elected to the unexpired term as provided 32 in section 69.14A . 33 Sec. 8. Section 331.214, subsection 2, paragraph c, Code 34 2024, is amended to read as follows: 35 -3- LSB 6100XS (1) 90 th/ns 3/ 4
S.F. 2283 c. If the board declares a vacancy under this subsection and 1 the remaining balance of the supervisor’s unexpired term is two 2 and one-half years or more, a special election shall be held 3 to fill the office as provided in section 69.14A, subsection 4 1 , paragraph “c” . 5 DIVISION III 6 EFFECTIVE DATE 7 Sec. 9. EFFECTIVE DATE. This Act, being deemed of immediate 8 importance, takes effect upon enactment. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill concerns county supervisor representation plans 13 and county supervisor vacancies. 14 DIVISION I —— PLAN “THREE” COUNTY SUPERVISOR REPRESENTATION 15 PLANS. This division requires a county with a population of 16 125,000 or more based on the most recent federal decennial 17 census to use plan “three” for the election of county 18 supervisors. Plan “three” requires individual members of 19 the board of supervisors for that county to be elected from 20 single-member equal-population districts. The bill provides 21 that a county with a population of 125,000 or more as of the 22 effective date of the bill, that does not use plan “three” 23 as of that date for the election of supervisors shall not 24 be required to elect supervisors under plan “three” until 25 the election for supervisors in 2026 following adoption of a 26 representation plan in conformity with the provisions of law 27 governing the adoption of a plan “three” representation plan. 28 DIVISION II —— COUNTY SUPERVISOR VACANCIES. This division 29 requires vacancies on the board of supervisors to be filled 30 by special election. Current law allows for vacancies to be 31 filled by appointment under certain circumstances. 32 DIVISION III —— EFFECTIVE DATE. The bill takes effect upon 33 enactment. 34 -4- LSB 6100XS (1) 90 th/ns 4/ 4