Senate File 443 - Introduced SENATE FILE 443 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO SF 314) 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 2177SV (1) 90 ec/rn
S.F. 443 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 -1- LSB 2177SV (1) 90 ec/rn 1/ 8
S.F. 443 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. 35 -2- LSB 2177SV (1) 90 ec/rn 2/ 8
S.F. 443 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 35 -3- LSB 2177SV (1) 90 ec/rn 3/ 8
S.F. 443 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 35 -4- LSB 2177SV (1) 90 ec/rn 4/ 8
S.F. 443 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 35 -5- LSB 2177SV (1) 90 ec/rn 5/ 8
S.F. 443 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 35 -6- LSB 2177SV (1) 90 ec/rn 6/ 8
S.F. 443 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 35 -7- LSB 2177SV (1) 90 ec/rn 7/ 8
S.F. 443 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. 30 -8- LSB 2177SV (1) 90 ec/rn 8/ 8