House File 786 - Introduced HOUSE FILE 786 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 127) 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 1537HV (3) 91 th/ns
H.F. 786 DIVISION I 1 PLAN “THREE” COUNTY SUPERVISOR REPRESENTATION PLANS AND SPECIAL 2 ELECTIONS 3 Section 1. Section 331.206, subsection 2, paragraph a, Code 4 2025, is amended to read as follows: 5 a. The plan used under subsection 1 shall be selected by the 6 board or by a special election as provided in section 331.207 . 7 A plan selected by the board shall remain in effect for at 8 least six years and shall only be changed by a special election 9 as provided in section 331.207. However, a county with the 10 main campus of an institution of higher learning governed by 11 the state board of regents shall use plan “three” for the 12 election of supervisors. 13 Sec. 2. Section 331.207, subsections 2, 5, and 6, Code 2025, 14 are amended to read as follows: 15 2. The petition shall be filed with the county commissioner 16 by June 1 of an odd-numbered year, subject to subsection 6 7 . 17 The special election shall be held on the first Tuesday after 18 the first Monday in August November of the odd-numbered year. 19 Notice of the special election shall be published once each 20 week for three successive weeks in an official newspaper of the 21 county, shall state the representation plans to be submitted to 22 the electors, and shall state the date of the special election. 23 The last in the series of publications shall occur not less 24 than four nor more than twenty days before the election. 25 5. If the plan adopted by a plurality of the ballots cast 26 in the special election represents a change from plan “one” to 27 plan “two” or “three”, or from plan “two” to plan “three”, as 28 each plan is defined in section 331.206 , the temporary county 29 redistricting commission shall divide the county into districts 30 as provided in sections 331.209 and 331.210 . The plan shall 31 be completed not later than November 1 December 31 following 32 the special election and shall be submitted to the state 33 commissioner of elections. The plan shall become effective the 34 following January 1. 35 -1- LSB 1537HV (3) 91 th/ns 1/ 6
H.F. 786 6. Notwithstanding any provision of this section to the 1 contrary, a county with a population of sixty thousand or 2 more based on the most recent federal decennial census that 3 elects supervisors under plan “three” shall not change from 4 plan “three” to plan “one” or plan “two” pursuant to a special 5 election under this section unless a plan “one” or plan “two” 6 representation plan is adopted by a two-thirds vote of the 7 ballots cast in the special election. This subsection does not 8 apply to a county with the main campus of an institution of 9 higher learning governed by the state board of regents required 10 to use plan “three” under section 331.206, subsection 2. 11 Sec. 3. TRANSITION PROVISION. 12 1. Notwithstanding any provision of law to the contrary, 13 a county with the main campus of an institution of higher 14 learning governed by the state board of regents that does not 15 use plan “three” for the election of supervisors, as defined in 16 section 331.206, as of the effective date of this Act, shall 17 elect supervisors using plan “three” during the 2026 general 18 election, using a representation plan drawn pursuant to section 19 331.210A, subsection 2, paragraph “f”, and the requirements of 20 this section. 21 2. A county required to use a representation plan as 22 provided in this section shall establish a temporary county 23 redistricting commission by the later of thirty days after the 24 effective date of this Act or May 15, 2025, and shall complete 25 a precinct plan, in conformity with the requirements of 26 sections 331.209 and 331.210A, no later than October 1, 2025. 27 The precinct plan shall be submitted to the state commissioner 28 of elections and the legislative services agency shall draw and 29 publish the representation plan by January 1, 2026. 30 DIVISION II 31 COUNTY SUPERVISOR VACANCIES 32 Sec. 4. Section 43.6, subsection 2, Code 2025, is amended 33 to read as follows: 34 2. When a vacancy occurs in the office of county supervisor 35 -2- LSB 1537HV (3) 91 th/ns 2/ 6
H.F. 786 or any of the offices listed in section 39.17 and more than 1 seventy days remain in the term of office following the next 2 general election, the office shall be filled for the balance 3 of the unexpired term at that general election unless the 4 vacancy has been filled by a special election called more 5 than seventy-three days before the primary election. If 6 the vacancy occurs more than seventy-three days before the 7 primary election, political party candidates for that office 8 at the next general election shall be nominated at the primary 9 election. If an appointment to fill the vacancy in office is 10 made in accordance with section 69.14A, subsection 1, paragraph 11 “a” , eighty-eight or more days before the primary election and 12 a petition requesting a special election has not been received 13 within fourteen days after the appointment is made, candidates 14 for the office shall be nominated at the primary election. 15 Sec. 5. Section 69.14A, subsection 1, paragraph a, 16 unnumbered paragraph 1, Code 2025, is amended to read as 17 follows: 18 By If the population of the county is less than one hundred 19 twenty-five thousand based on the most recent federal decennial 20 census and if the county does not include the main campus of 21 an institution of higher learning governed by the state board 22 of regents, by appointment by the committee of county officers 23 designated to fill the vacancy in section 69.8 . 24 Sec. 6. Section 69.14A, subsection 1, paragraph b, 25 unnumbered paragraph 1, Code 2025, is amended to read as 26 follows: 27 By If the population of the county is one hundred 28 twenty-five thousand or more based on the most recent federal 29 decennial census or the county includes the main campus of an 30 institution of higher learning governed by the state board of 31 regents, by special election held to fill the office for the 32 remaining balance of the unexpired term. 33 Sec. 7. Section 331.201, subsection 3, Code 2025, is amended 34 to read as follows: 35 -3- LSB 1537HV (3) 91 th/ns 3/ 6
H.F. 786 3. The office of supervisor is an elective office except 1 that if a vacancy occurs on the board, a successor may be 2 appointed to the unexpired term as provided in section 69.14A , 3 subsection 1, paragraph “a” , if the population of the county is 4 less than one hundred twenty-five thousand based on the most 5 recent federal decennial census and if the county does not 6 include the main campus of an institution of higher learning 7 governed by the state board of regents . 8 Sec. 8. Section 331.214, subsection 2, paragraph c, Code 9 2025, is amended to read as follows: 10 c. If the board declares a vacancy under this subsection and 11 the remaining balance of the supervisor’s unexpired term is two 12 and one-half years or more, a special election shall be held to 13 fill the office as provided in section 69.14A, subsection 1 , 14 paragraph “c” , if the population of the county is one hundred 15 twenty-five thousand or more based on the most recent federal 16 decennial census or the county includes the main campus of an 17 institution of higher learning governed by the state board of 18 regents . However, if the population of the county is less 19 than one hundred twenty-five thousand based on the most recent 20 federal decennial census and if the county does not include the 21 main campus of an institution of higher learning governed by 22 the state board of regents, an appointment shall be made to 23 fill the office as provided in section 69.14A, subsection 1, 24 paragraph “a” . 25 DIVISION III 26 EFFECTIVE DATE 27 Sec. 9. EFFECTIVE DATE. This Act, being deemed of immediate 28 importance, takes effect upon enactment. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill concerns county supervisor representation plans 33 and county supervisor vacancies. 34 DIVISION I —— PLAN “THREE” COUNTY SUPERVISOR REPRESENTATION 35 -4- LSB 1537HV (3) 91 th/ns 4/ 6
H.F. 786 PLANS AND SPECIAL ELECTIONS. The bill requires a county 1 with the main campus of an institution of higher learning 2 governed by the state board of regents to use plan “three” for 3 the election of county supervisors. Plan “three” requires 4 individual members of the board of supervisors for that county 5 to be elected from single-member, equal-population districts. 6 Current law prohibits a county with a population of 60,000 or 7 more that uses plan “three” from adopting a new representation 8 plan, unless the new plan is approved by a two-thirds vote of 9 the ballots cast in the special election. The bill makes this 10 provision inapplicable to counties with the main campus of an 11 institution of higher learning governed by the state board of 12 regents. 13 The bill requires counties with the main campus of an 14 institution of higher learning governed by the state board 15 of regents that do not use plan “three” for the election of 16 supervisors as of the effective date of the bill to submit 17 a precinct plan to the state commissioner of elections by 18 October 1. The legislative services agency must draw the 19 representation plan, in conformity with the provisions of 20 law governing the adoption of a plan “three” representation 21 plan, for use by such counties to elect supervisors under plan 22 “three” during the 2026 general election. 23 The bill requires special elections for the purpose of 24 selecting a supervisor representation plan to be held on the 25 first Tuesday after the first Monday in November, rather than 26 the first Tuesday in August. In accordance with Code section 27 39.2 (special elections), a special election may be held on 28 the same day as a regularly scheduled election. The bill also 29 requires a new representation plan, if a plan “two” or “three” 30 is approved at the special election, to be completed not later 31 than December 31, rather than November 1. Such a plan will 32 still take effect the following January 1. 33 The bill fixes an internal subsection reference that 34 was inadvertently not updated when Code section 331.207 was 35 -5- LSB 1537HV (3) 91 th/ns 5/ 6
H.F. 786 renumbered for the 2019 Code. 1 DIVISION II —— COUNTY SUPERVISOR VACANCIES. The bill 2 requires vacancies on the board of supervisors to be filled 3 by special election in a county with either a population of 4 125,000 or more or the main campus of an institution of higher 5 learning governed by the state board of regents. Current law 6 allows for vacancies to be filled by appointment under certain 7 circumstances. The bill requires vacancies to be filled by 8 appointment in a county with a population of less than 125,000 9 that does not include the main campus of an institution of 10 higher learning governed by the state board of regents in 11 accordance with current law, including a vacancy that is 12 treated as a resignation due to the physical or mental status 13 of a supervisor. 14 DIVISION III —— EFFECTIVE DATE. The bill takes effect upon 15 enactment. 16 -6- LSB 1537HV (3) 91 th/ns 6/ 6