Senate
File
314
-
Introduced
SENATE
FILE
314
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
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314
DIVISION
I
1
PLAN
“THREE”
COUNTY
SUPERVISOR
REPRESENTATION
PLANS
2
Section
1.
Section
331.206,
subsection
2,
paragraph
a,
Code
3
2023,
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
6,
Code
2023,
is
amended
13
by
striking
the
subsection.
14
Sec.
3.
TRANSITION
PROVISION.
15
1.
Notwithstanding
any
provision
of
law
to
the
contrary,
16
a
county
with
a
population
of
sixty
thousand
or
more
based
on
17
the
most
recent
federal
decennial
census
that
does
not
use
18
plan
“three”
for
the
election
of
supervisors,
as
defined
in
19
section
331.206,
as
of
the
effective
date
of
this
Act,
shall
20
not
be
required
to
elect
supervisors
using
plan
“three”
until
21
the
election
for
supervisors
in
2024,
following
the
adoption
22
of
a
representation
plan
drawn
pursuant
to
section
331.210A,
23
subsection
2,
paragraph
“f”,
and
the
requirements
of
this
24
section.
25
2.
A
county
required
to
adopt
a
representation
plan
as
26
provided
in
this
section
shall
establish
a
temporary
county
27
redistricting
commission
by
the
later
of
thirty
days
after
the
28
effective
date
of
this
Act
or
May
15,
2023,
and
shall
complete
29
a
plan,
in
conformity
with
the
requirements
of
sections
331.209
30
and
331.210A
no
later
than
November
1,
2023.
The
plan
shall
31
be
submitted
to
the
state
commissioner
of
elections
and
shall
32
become
effective
January
1,
2024.
33
DIVISION
II
34
PLAN
“TWO”
COUNTY
SUPERVISOR
REPRESENTATION
PLANS
35
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Sec.
4.
Section
49.3,
subsection
2,
paragraph
a,
Code
2023,
1
is
amended
to
read
as
follows:
2
a.
All
boundaries
,
except
for
supervisor
districts
for
3
counties
using
supervisor
representation
plan
“two”
pursuant
to
4
section
331.209
,
shall
follow
precinct
boundaries.
5
Sec.
5.
Section
331.203,
subsection
2,
paragraph
b,
Code
6
2023,
is
amended
to
read
as
follows:
7
b.
If
plan
“two”
or
plan
“three”
as
defined
in
section
8
331.206
is
in
effect,
the
temporary
county
redistricting
9
commission
shall
divide
the
county
into
five
equal-population
10
districts
by
December
15
of
the
year
preceding
the
year
of
the
11
next
general
election
and
at
that
general
election,
five
board
12
members
shall
be
elected,
two
for
initial
terms
of
two
years
13
and
three
for
four-year
terms.
The
districts
shall
be
drawn
in
14
the
manner
provided
under
sections
section
331.209
and
331.210
.
15
The
terms
of
the
three
incumbent
supervisors
shall
expire
on
16
the
date
that
the
five-member
board
becomes
effective.
17
Sec.
6.
Section
331.204,
subsection
3,
Code
2023,
is
amended
18
to
read
as
follows:
19
3.
At
the
next
general
election
following
the
one
at
20
which
the
proposition
to
reduce
the
membership
of
the
board
21
to
three
is
approved,
the
membership
of
the
board
shall
be
22
elected
according
to
the
supervisor
representation
plan
in
23
effect
in
the
county.
If
the
supervisor
representation
plan
24
includes
equal-population
districts,
the
districts
shall
be
25
designated
by
December
15
of
the
year
preceding
the
year
of
the
26
next
general
election
by
the
temporary
county
redistricting
27
commission.
The
districts
shall
be
drawn
in
the
manner
28
provided
under
sections
section
331.209
and
331.210
.
One
29
member
of
the
board
shall
be
elected
to
a
two-year
term
and
the
30
remaining
two
members
shall
be
elected
to
four-year
terms.
The
31
length
of
the
term
for
which
a
person
is
a
candidate
and
the
32
date
when
the
term
begins
shall
be
indicated
on
the
ballot.
33
Sec.
7.
Section
331.206,
subsection
1,
paragraph
b,
Code
34
2023,
is
amended
by
striking
the
paragraph.
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Sec.
8.
Section
331.206,
subsection
2,
paragraph
b,
Code
1
2023,
is
amended
to
read
as
follows:
2
b.
A
plan
selected
by
the
board
shall
become
effective
3
on
the
first
day
in
January
which
is
not
a
Sunday
or
holiday
4
following
the
next
general
election,
at
which
time
the
terms
of
5
the
members
expire
and
the
terms
of
the
members
elected
under
6
the
requirements
of
the
new
supervisor
representation
plan
7
at
the
general
election
as
specified
in
section
331.208
,
or
8
331.209
,
or
331.210
shall
commence.
9
Sec.
9.
Section
331.207,
subsections
3,
4,
and
5,
Code
2023,
10
are
amended
to
read
as
follows:
11
3.
The
supervisor
representation
plans
submitted
at
the
12
special
election
shall
be
stated
in
substantially
the
following
13
manner:
14
The
individual
members
of
the
board
of
supervisors
in
......
15
county,
Iowa,
shall
be
elected:
16
Plan
“one”.
At
large
and
without
district
residence
17
requirements
for
the
members.
18
Plan
“two”.
At
large
but
with
equal-population
district
19
residence
requirements
for
the
members.
20
Plan
“three”.
From
single-member
equal-population
districts
21
in
which
the
electors
of
each
district
shall
elect
one
member
22
who
must
reside
in
that
district.
23
4.
If
the
plan
adopted
by
a
plurality
of
the
ballots
cast
24
in
the
special
election
is
not
the
supervisor
representation
25
plan
currently
in
effect
in
the
county,
the
terms
of
the
county
26
supervisors
serving
at
the
time
of
the
special
election
shall
27
continue
until
the
first
day
in
January
which
is
not
a
Sunday
28
or
holiday
following
the
next
general
election,
at
which
time
29
the
terms
of
the
members
shall
expire
and
the
terms
of
the
30
members
elected
under
the
requirements
of
the
new
supervisor
31
representation
plan
at
the
general
election
as
specified
in
32
section
331.208
,
or
331.209
,
or
331.210
shall
commence.
33
5.
If
the
plan
adopted
by
a
plurality
of
the
ballots
cast
34
in
the
special
election
represents
a
change
from
plan
“one”
to
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plan
“two”
or
“three”,
or
from
plan
“two”
to
plan
“three”,
as
1
each
plan
is
defined
in
section
331.206
,
the
temporary
county
2
redistricting
commission
shall
divide
the
county
into
districts
3
as
provided
in
sections
section
331.209
and
331.210
.
The
4
plan
shall
be
completed
not
later
than
November
1
following
5
the
special
election
and
shall
be
submitted
to
the
state
6
commissioner
of
elections.
The
plan
shall
become
effective
the
7
following
January
1.
8
Sec.
10.
Section
331.209,
unnumbered
paragraph
1,
Code
9
2023,
is
amended
to
read
as
follows:
10
If
plan
“two”
“three”
is
selected
pursuant
to
section
11
331.206
or
331.207
,
the
board
shall
be
elected
as
provided
in
12
this
section
.
13
Sec.
11.
Section
331.209,
subsection
2,
Code
2023,
is
14
amended
by
striking
the
subsection
and
inserting
in
lieu
15
thereof
the
following:
16
2.
The
boundaries
of
supervisor
districts
shall
follow
17
voting
precinct
lines
and
each
member
of
the
board
and
each
18
candidate
for
the
office
shall
be
elected
or
nominated
at
the
19
primary
and
general
elections
by
only
the
electors
of
the
20
district
which
that
candidate
seeks
to
represent.
21
Sec.
12.
Section
331.210A,
subsection
1,
paragraph
a,
Code
22
2023,
is
amended
to
read
as
follows:
23
a.
Not
later
than
May
15
of
each
year
ending
in
one,
a
24
temporary
county
redistricting
commission
shall
be
established
25
as
provided
by
this
section
for
counties
which
have
either
26
plan
“two”
or
a
plan
“three”
supervisor
representation
plans
27
plan
.
If
a
county
has
either
plan
“two”
or
a
plan
“three”
28
supervisor
representation
plans
plan
and
the
number
of
members
29
of
the
board
is
increased
or
decreased
under
section
331.203
or
30
331.204
,
the
temporary
county
redistricting
commission
shall
31
be
established
by
May
15
of
the
year
preceding
the
year
of
the
32
next
general
election.
33
Sec.
13.
REPEAL.
Section
331.210,
Code
2023,
is
repealed.
34
Sec.
14.
PLAN
“TWO”
REPRESENTATION
PLANS
——
TRANSITION
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PROVISION.
1
1.
Notwithstanding
any
provision
of
law
to
the
contrary,
a
2
county
with
a
population
of
under
sixty
thousand
based
on
the
3
most
recent
federal
decennial
census
that
uses
plan
“two”
for
4
the
election
of
supervisors,
as
defined
in
section
331.206,
as
5
of
the
effective
date
of
this
Act,
shall
not
be
required
to
6
elect
supervisors
using
plan
“one”
or
plan
“three”
until
the
7
election
for
supervisors
in
2024
subject
to
the
requirements
of
8
this
section.
9
2.
The
board
of
supervisors
of
a
county
subject
to
the
10
requirements
of
subsection
1
shall,
within
thirty
days
of
the
11
effective
date
of
this
Act,
adopt,
by
resolution,
either
plan
12
“one”
or
plan
“three”
as
the
representation
plan
for
the
county
13
beginning
with
the
election
for
supervisors
in
2024.
14
3.
If
the
board
of
supervisors
adopts
plan
“three”
15
as
provided
in
subsection
2,
the
county
shall
establish
16
a
temporary
county
redistricting
commission
by
the
later
17
of
thirty
days
after
the
date
of
the
resolution
adopting
18
plan
“three”
or
May
15,
2023,
and
shall
complete
a
plan,
in
19
conformity
with
the
requirements
of
sections
331.209
and
20
331.210A
no
later
than
November
1,
2023.
The
plan
shall
be
21
submitted
to
the
state
commissioner
of
elections
and
shall
22
become
effective
January
1,
2024.
23
DIVISION
III
24
COUNTY
SUPERVISOR
VACANCIES
25
Sec.
15.
Section
43.6,
subsection
2,
Code
2023,
is
amended
26
to
read
as
follows:
27
2.
When
a
vacancy
occurs
in
the
office
of
county
supervisor
28
or
any
of
the
offices
listed
in
section
39.17
and
more
than
29
seventy
days
remain
in
the
term
of
office
following
the
next
30
general
election,
the
office
shall
be
filled
for
the
balance
31
of
the
unexpired
term
at
that
general
election
unless
the
32
vacancy
has
been
filled
by
a
special
election
called
more
33
than
seventy-three
days
before
the
primary
election.
If
34
the
vacancy
occurs
more
than
seventy-three
days
before
the
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primary
election,
political
party
candidates
for
that
office
1
at
the
next
general
election
shall
be
nominated
at
the
primary
2
election.
If
an
appointment
to
fill
the
vacancy
in
office
is
3
made
eighty-eight
or
more
days
before
the
primary
election
and
4
a
petition
requesting
a
special
election
has
not
been
received
5
within
fourteen
days
after
the
appointment
is
made,
candidates
6
for
the
office
shall
be
nominated
at
the
primary
election.
7
Sec.
16.
Section
69.14A,
subsection
1,
Code
2023,
is
amended
8
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
9
following:
10
1.
A
vacancy
on
the
board
of
supervisors
shall
be
filled
11
by
special
election
held
to
fill
the
office
for
the
remaining
12
balance
of
the
unexpired
term.
13
a.
The
committee
of
county
officers
designated
to
fill
14
the
vacancy
in
section
69.8
shall
call
for
a
special
election
15
to
fill
the
vacancy.
The
committee
shall
order
the
special
16
election
at
the
earliest
practicable
date,
but
giving
at
least
17
thirty-two
days’
notice
of
the
election.
A
special
election
18
called
under
this
section
shall
be
held
on
a
Tuesday
and
shall
19
not
be
held
on
the
same
day
as
a
school
election
within
the
20
county.
21
b.
However,
if
a
vacancy
on
the
board
of
supervisors
22
occurs
after
the
date
of
the
primary
election
and
more
than
23
seventy-three
days
before
the
general
election,
a
special
24
election
to
fill
the
vacancy
shall
not
be
called
by
the
25
committee.
If
the
term
of
office
in
which
the
vacancy
exists
26
will
expire
more
than
seventy
days
after
the
general
election,
27
the
office
shall
be
listed
on
the
ballot,
as
“For
Board
of
28
Supervisors,
To
Fill
Vacancy”.
The
person
elected
at
the
29
general
election
shall
assume
office
as
soon
as
a
certificate
30
of
election
is
issued
and
the
person
has
qualified
by
taking
31
the
oath
of
office.
The
person
shall
serve
the
balance
of
the
32
unexpired
term.
33
c.
If
the
term
of
office
in
which
the
vacancy
exists
will
34
expire
within
seventy
days
after
the
general
election,
the
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314
person
elected
to
the
succeeding
term
shall
also
serve
the
1
balance
of
the
unexpired
term.
The
person
elected
at
the
2
general
election
shall
assume
office
as
soon
as
a
certificate
3
of
election
is
issued
and
the
person
has
qualified
by
taking
4
the
oath
of
office.
5
Sec.
17.
Section
331.201,
subsection
3,
Code
2023,
is
6
amended
to
read
as
follows:
7
3.
The
office
of
supervisor
is
an
elective
office
except
8
that
if
.
If
a
vacancy
occurs
on
the
board,
a
successor
may
9
shall
be
appointed
elected
to
the
unexpired
term
as
provided
10
in
section
69.14A
.
11
Sec.
18.
Section
331.214,
subsection
2,
paragraph
c,
Code
12
2023,
is
amended
to
read
as
follows:
13
c.
If
the
board
declares
a
vacancy
under
this
subsection
and
14
the
remaining
balance
of
the
supervisor’s
unexpired
term
is
two
15
and
one-half
years
or
more,
a
special
election
shall
be
held
16
to
fill
the
office
as
provided
in
section
69.14A,
subsection
17
1
,
paragraph
“c”
.
18
DIVISION
IV
19
EFFECTIVE
DATE
20
Sec.
19.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
21
immediate
importance,
takes
effect
upon
enactment.
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
concerns
county
supervisor
representation
plans
26
and
county
supervisor
vacancies.
27
DIVISION
I
——
PLAN
“THREE”
COUNTY
SUPERVISOR
REPRESENTATION
28
PLANS.
This
division
requires
a
county
with
a
population
of
29
60,000
or
more
based
on
the
most
recent
federal
decennial
30
census
to
use
plan
“three”
for
the
election
of
county
31
supervisors.
Plan
“three”
requires
individual
members
of
32
the
board
of
supervisors
for
that
county
to
be
elected
from
33
single-member
equal-population
districts.
The
bill
provides
34
that
a
county
with
a
population
of
60,000
or
more
as
of
the
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314
effective
date
of
the
bill,
that
does
not
use
plan
“three”
1
as
of
that
date
for
the
election
of
supervisors
shall
not
2
be
required
to
elect
supervisors
under
plan
“three”
until
3
the
election
for
supervisors
in
2024
following
adoption
of
a
4
representation
plan
in
conformity
with
the
provisions
of
law
5
governing
the
adoption
of
a
plan
“three”
representation
plan.
6
DIVISION
II
——
PLAN
“TWO”
COUNTY
SUPERVISOR
REPRESENTATION
7
PLANS.
This
division
eliminates
the
option
for
counties
to
8
use
plan
“two”
for
the
election
of
county
supervisors.
Plan
9
“two”
requires
individual
members
of
the
board
of
supervisors
10
for
that
county
to
be
elected
at
large
with
equal-population
11
district
residence
requirements.
The
bill
provides
that
a
12
county
with
a
population
of
under
60,000
as
of
the
effective
13
date
of
the
bill,
that
uses
plan
“two”
as
of
that
date
for
14
the
election
of
supervisors
shall
not
be
required
to
elect
15
supervisors
under
plan
“one”
or
“three”
until
the
election
16
for
supervisors
in
2024.
The
bill
requires
the
board
of
17
supervisors
of
a
county
subject
to
the
requirements
of
18
the
division
to
adopt
either
plan
“one”
or
plan
“three”
by
19
resolution
within
30
days
of
the
effective
date
of
the
bill.
20
If
plan
“three”
is
adopted,
the
county
shall
adopt
a
plan
21
“three”
representation
plan
in
conformity
with
the
provisions
22
of
law
governing
the
adoption
of
a
plan
“three”
representation
23
plan
to
be
used
for
the
election
of
supervisors
in
2024.
24
DIVISION
III
——
COUNTY
SUPERVISOR
VACANCIES.
This
division
25
requires
vacancies
on
the
board
of
supervisors
to
be
filled
26
by
special
election.
Current
law
allows
for
vacancies
to
be
27
filled
by
appointment
under
certain
circumstances.
28
DIVISION
IV
——
EFFECTIVE
DATE.
The
bill
takes
effect
upon
29
enactment.
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