HF 510 (LSB 1946HV (2) 91)

HOUSE FILE 510

BY  COMMITTEE ON LOCAL GOVERNMENT

(SUCCESSOR TO HF 157)

A BILL FOR

An Act relating to petitions for special elections to fill vacancies in city offices.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 372.13, subsection 2, paragraph a, subparagraph (2), unnumbered paragraph 1, Code 2025, is amended to read as follows:
   If the council chooses to proceed under this paragraph, it shall publish notice in the manner prescribed by section 362.3, stating that the council intends to fill the vacancy by appointment but that the electors of the city or ward, as the case may be, have the right to file a petition requiring that the vacancy be filled by a special election. The council may publish notice in advance if an elected official submits a resignation to take effect at a future date. The council may make an appointment to fill the vacancy after the notice is published or after the vacancy occurs, whichever is later. However, if within fourteen days after publication of the notice or within fourteen days after the appointment is made, there is filed with the city clerk a petition which requests a special election to fill the vacancy, an appointment to fill the vacancy is temporary and the council shall call a special election to fill the vacancy permanently, under paragraph “b”, unless the council successfully challenges the petition for a special election as provided in subsection 12. The number of signatures of eligible electors of a city for a valid petition shall be determined as follows:
    Sec. 2.  Section 372.13, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  12.  A council that receives a petition for a special election to fill a vacancy pursuant to subsection 2, paragraph “a”, subparagraph (2), may file a challenge to the petition in the district court of the county in which the city is located within ten days of receipt of the petition if the remaining balance of the unexpired term is less than one year. If the district court finds by a preponderance of the evidence that the conduct of a special election to fill the vacancy would be unduly financially burdensome for the city, a special election to fill the vacancy shall not be called and the vacancy shall be filled by appointment. The district court shall render a decision within ten days of receipt of a challenge filed pursuant to this subsection.
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 petitions for special elections to fill vacancies in elective city offices. If a city council chooses to fill a vacancy in an elective city office by appointment and eligible electors of the city file a petition to fill the vacancy by election, the bill allows the city council to challenge the petition in district court if the remaining balance of the unexpired term is less than one year. If the district court finds by a preponderance of the evidence that a special election would be unduly financially burdensome for the city, a special election shall not be called and the vacancy shall be filled by appointment.