SF 330 (LSB 2173XS (4) 90)

SENATE FILE 330

BY  WEBSTER

A BILL FOR

An Act relating to special elections to fill vacancies in county boards of supervisors and city elective offices, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 43.6, subsection 2, Code 2023, is amended to read as follows:
   2.  When Except as provided in subsection 3, when a vacancy occurs in the office of county supervisor or any of the offices listed in section 39.17 and more than seventy days remain in the term of office following the next general election, the office shall be filled for the balance of the unexpired term at that general election unless the vacancy has been filled by a special election called more than seventy-three days before the primary election. If the vacancy occurs more than seventy-three days before the primary election, political party candidates for that office at the next general election shall be nominated at the primary election. If an appointment to fill the vacancy in office is made eighty-eight or more days before the primary election and a petition requesting a special election has not been received within fourteen days after the appointment is made, candidates for the office shall be nominated at the primary election.
    Sec. 2.  Section 43.6, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  Notwithstanding subsection 2, when a vacancy occurs in the office of county supervisor and at least six months remain in the term of office after the vacancy occurs, the office shall be filled for the balance of the unexpired term at a special election as provided in section 69.14A.
    Sec. 3.  Section 69.14A, subsection 1, paragraph b, subparagraph (1), Code 2023, is amended to read as follows:
   (1)  The committee of county officers designated to fill the vacancy in section 69.8 may, on its own motion, or shall, upon receipt of a petition as provided in paragraph “a”, or if at least six months remain in the term of office after the vacancy occurs, call for a special election to fill the vacancy in lieu of appointment. The committee shall order the special election at the earliest practicable date, but giving at least thirty-two days’ notice of the election. A special election called under this section shall be held on a Tuesday and shall not be held on the same day as a school election within the county.
    Sec. 4.  Section 372.13, subsection 2, unnumbered paragraph 1, Code 2023, is amended to read as follows:
   A vacancy in an elective city office during a term of office shall be filled, at the council’s option, except as provided in paragraph “b”, by one of the two following procedures:
    Sec. 5.  Section 372.13, subsection 2, paragraph b, subparagraph (1), Code 2023, is amended to read as follows:
   (1)  By a special election held to fill the office for the remaining balance of the unexpired term. If the council opts for a special election or a valid petition is filed under paragraph “a”, or if at least one year remains in the term of office after the vacancy occurs, the special election may be held concurrently with any pending election as provided by section 69.12 if by so doing the vacancy will be filled not more than ninety days after it occurs. Otherwise, a special election to fill the office shall be called by the council at the earliest practicable date. The council shall give the county commissioner at least thirty-two days’ written notice of the date chosen for the special election. The council of a city where a primary election may be required shall give the county commissioner at least sixty days’ written notice of the date chosen for the special election. A special election held under this subsection is subject to sections 376.4 through 376.11, but the dates for actions in relation to the special election shall be calculated with regard to the date for which the special election is called. However, a nomination petition must be filed not less than twenty-five days before the date of the special election and, where a primary election may be required, a nomination petition must be filed not less than fifty-three days before the date of the special election.
    Sec. 6.  APPLICABILITY.  This Act applies to vacancies in county boards of supervisors and city elective offices arising on or after the effective date of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to special elections to fill vacancies in county boards of supervisors and elective city offices. The bill requires that a special election be called to fill a vacancy in the office of county supervisor if at least six months remain in the term of office when the vacancy occurs. The bill also requires that a special election be called to fill a vacancy in an elected city office if at least one year remains in the term of office when the vacancy occurs. Under current law, a vacancy in the office of county supervisor or an elected city office must be filled by a special election only upon receipt of a petition for a special election to fill the vacancy, or if the board of supervisors declares that a vacancy exists in the office of county supervisor due to the physical or mental status of a supervisor if at least two and one-half years remain in the term.
   The bill applies to vacancies in county boards of supervisors and city elective offices arising on or after the effective date of the bill.