Senate File 330 - Introduced SENATE FILE 330 BY WEBSTER A BILL FOR An Act relating to special elections to fill vacancies in 1 county boards of supervisors and city elective offices, and 2 including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2173XS (4) 90 ss/ns

S.F. 330 Section 1. Section 43.6, subsection 2, Code 2023, is amended 1 to read as follows: 2 2. When Except as provided in subsection 3, when a vacancy 3 occurs in the office of county supervisor or any of the offices 4 listed in section 39.17 and more than seventy days remain in 5 the term of office following the next general election, the 6 office shall be filled for the balance of the unexpired term 7 at that general election unless the vacancy has been filled 8 by a special election called more than seventy-three days 9 before the primary election. If the vacancy occurs more than 10 seventy-three days before the primary election, political party 11 candidates for that office at the next general election shall 12 be nominated at the primary election. If an appointment to 13 fill the vacancy in office is made eighty-eight or more days 14 before the primary election and a petition requesting a special 15 election has not been received within fourteen days after 16 the appointment is made, candidates for the office shall be 17 nominated at the primary election. 18 Sec. 2. Section 43.6, Code 2023, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 3. Notwithstanding subsection 2, when 21 a vacancy occurs in the office of county supervisor and at 22 least six months remain in the term of office after the vacancy 23 occurs, the office shall be filled for the balance of the 24 unexpired term at a special election as provided in section 25 69.14A. 26 Sec. 3. Section 69.14A, subsection 1, paragraph b, 27 subparagraph (1), Code 2023, is amended to read as follows: 28 (1) The committee of county officers designated to fill 29 the vacancy in section 69.8 may, on its own motion, or shall, 30 upon receipt of a petition as provided in paragraph “a” , or 31 if at least six months remain in the term of office after the 32 vacancy occurs, call for a special election to fill the vacancy 33 in lieu of appointment. The committee shall order the special 34 election at the earliest practicable date, but giving at least 35 -1- LSB 2173XS (4) 90 ss/ns 1/ 3

S.F. 330 thirty-two days’ notice of the election. A special election 1 called under this section shall be held on a Tuesday and shall 2 not be held on the same day as a school election within the 3 county. 4 Sec. 4. Section 372.13, subsection 2, unnumbered paragraph 5 1, Code 2023, is amended to read as follows: 6 A vacancy in an elective city office during a term of office 7 shall be filled, at the council’s option, except as provided in 8 paragraph “b” , by one of the two following procedures: 9 Sec. 5. Section 372.13, subsection 2, paragraph b, 10 subparagraph (1), Code 2023, is amended to read as follows: 11 (1) By a special election held to fill the office for the 12 remaining balance of the unexpired term. If the council opts 13 for a special election or a valid petition is filed under 14 paragraph “a” , or if at least one year remains in the term of 15 office after the vacancy occurs, the special election may be 16 held concurrently with any pending election as provided by 17 section 69.12 if by so doing the vacancy will be filled not 18 more than ninety days after it occurs. Otherwise, a special 19 election to fill the office shall be called by the council at 20 the earliest practicable date. The council shall give the 21 county commissioner at least thirty-two days’ written notice 22 of the date chosen for the special election. The council of a 23 city where a primary election may be required shall give the 24 county commissioner at least sixty days’ written notice of the 25 date chosen for the special election. A special election held 26 under this subsection is subject to sections 376.4 through 27 376.11 , but the dates for actions in relation to the special 28 election shall be calculated with regard to the date for which 29 the special election is called. However, a nomination petition 30 must be filed not less than twenty-five days before the date 31 of the special election and, where a primary election may be 32 required, a nomination petition must be filed not less than 33 fifty-three days before the date of the special election. 34 Sec. 6. APPLICABILITY. This Act applies to vacancies in 35 -2- LSB 2173XS (4) 90 ss/ns 2/ 3

S.F. 330 county boards of supervisors and city elective offices arising 1 on or after the effective date of this Act. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill relates to special elections to fill vacancies 6 in county boards of supervisors and elective city offices. 7 The bill requires that a special election be called to fill 8 a vacancy in the office of county supervisor if at least six 9 months remain in the term of office when the vacancy occurs. 10 The bill also requires that a special election be called to 11 fill a vacancy in an elected city office if at least one year 12 remains in the term of office when the vacancy occurs. Under 13 current law, a vacancy in the office of county supervisor or an 14 elected city office must be filled by a special election only 15 upon receipt of a petition for a special election to fill the 16 vacancy, or if the board of supervisors declares that a vacancy 17 exists in the office of county supervisor due to the physical 18 or mental status of a supervisor if at least two and one-half 19 years remain in the term. 20 The bill applies to vacancies in county boards of 21 supervisors and city elective offices arising on or after the 22 effective date of the bill. 23 -3- LSB 2173XS (4) 90 ss/ns 3/ 3