SSB 3204 (LSB 6387XC (1) 90)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON DAWSON)

A BILL FOR

An Act relating to county supervisors, concerning county supervisor representation plans and county supervisor vacancies, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
PLAN “THREE” COUNTY SUPERVISOR REPRESENTATION PLANS

    Section 1.  Section 331.206, subsection 2, paragraph a, Code 2024, is amended to read as follows:
   a.  The plan used under subsection 1 shall be selected by the board or by a special election as provided in section 331.207. A plan selected by the board shall remain in effect for at least six years and shall only be changed by a special election as provided in section 331.207. However, a county with a population of one hundred twenty-five thousand or more based on the most recent federal decennial census shall use plan “three” for the election of supervisors.
    Sec. 2.  Section 331.207, subsection 2, Code 2024, is amended to read as follows:
   2.  The petition shall be filed with the county commissioner by June 1 of an odd-numbered year, subject to subsection 6. The special election shall be held on the first Tuesday in August of the odd-numbered year. Notice of the special election shall be published once each week for three successive weeks in an official newspaper of the county, shall state the representation plans to be submitted to the electors, and shall state the date of the special election. The last in the series of publications shall occur not less than four nor more than twenty days before the election.
    Sec. 3.  Section 331.207, subsection 6, Code 2024, is amended by striking the subsection.
    Sec. 4.  TRANSITION PROVISION.
   1.  Notwithstanding any provision of law to the contrary, a county with a population of one hundred twenty-five thousand or more based on the most recent federal decennial census that does not use plan “three” for the election of supervisors, as defined in section 331.206, as of the effective date of this Act, shall not be required to elect supervisors using plan “three” until the election for supervisors in 2026, following the adoption of a representation plan drawn pursuant to section 331.210A, subsection 2, paragraph “f”, and the requirements of this section.
   2.  A county required to adopt a representation plan as provided in this section shall establish a temporary county redistricting commission by the later of thirty days after the effective date of this Act or May 15, 2024, and shall complete a plan, in conformity with the requirements of sections 331.209 and 331.210A, no later than November 1, 2024. The plan shall be submitted to the state commissioner of elections and shall become effective January 1, 2025.
DIVISION II
COUNTY SUPERVISOR VACANCIES

    Sec. 5.  Section 43.6, subsection 2, Code 2024, is amended to read as follows:
   2.  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 in accordance with section 69.14A, subsection 1, paragraph “a”, 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. 6.  Section 69.14A, subsection 1, paragraph a, unnumbered paragraph 1, Code 2024, is amended to read as follows:
   By If the population of the county is less than one hundred twenty-five thousand based on the most recent federal decennial census, by appointment by the committee of county officers designated to fill the vacancy in section 69.8.
    Sec. 7.  Section 69.14A, subsection 1, paragraph b, unnumbered paragraph 1, Code 2024, is amended to read as follows:
   By If the population of the county is one hundred twenty- five thousand or more based on the most recent federal decennial census, by special election held to fill the office for the remaining balance of the unexpired term.
    Sec. 8.  Section 331.201, subsection 3, Code 2024, is amended to read as follows:
   3.  The office of supervisor is an elective office except that if a vacancy occurs on the board, a successor may be appointed to the unexpired term as provided in section 69.14A, subsection 1, paragraph “a”, if the population of the county is less than one hundred twenty-five thousand based on the most recent federal decennial census.
    Sec. 9.  Section 331.214, subsection 2, paragraph c, Code 2024, is amended to read as follows:
   c.  If the board declares a vacancy under this subsection and the remaining balance of the supervisor’s unexpired term is two and one-half years or more, a special election shall be held to fill the office as provided in section 69.14A, subsection 1, paragraph “c”, if the population of the county is one hundred twenty-five thousand or more based on the most recent federal decennial census.  However, if the population of the county is less than one hundred twenty-five thousand based on the most recent federal decennial census, an appointment shall be made to fill the office as provided in section 69.14A, subsection 1, paragraph “a”.
DIVISION III
EFFECTIVE DATE

    Sec. 10.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill concerns county supervisor representation plans and county supervisor vacancies.
   DIVISION I —— PLAN “THREE” COUNTY SUPERVISOR REPRESENTATION PLANS. This division requires a county with a population of 125,000 or more based on the most recent federal decennial census to use plan “three” for the election of county supervisors. Plan “three” requires individual members of the board of supervisors for that county to be elected from single-member equal-population districts. The bill provides that a county with a population of 125,000 or more as of the effective date of the bill, that does not use plan “three” as of that date for the election of supervisors shall not be required to elect supervisors under plan “three” until the election for supervisors in 2026 following adoption of a representation plan in conformity with the provisions of law governing the adoption of a plan “three” representation plan.
   DIVISION II —— COUNTY SUPERVISOR VACANCIES. This division requires vacancies on the board of supervisors to be filled by special election in a county with a population of 125,000 or more. Current law allows for vacancies to be filled by appointment under certain circumstances. The bill requires vacancies to be filled by appointment in a county with a population of less than 125,000 in accordance with current law, including a vacancy that is treated as a resignation due to the physical or mental status of a supervisor.
   DIVISION III —— EFFECTIVE DATE. The bill takes effect upon enactment.