H.F. _____ Section 1. Section 69.14A, subsection 1, paragraph a, 1 subparagraphs (1) and (2), Code 2026, are amended to read as 2 follows: 3 (1) The appointment shall be for the period until the 4 next pending election , as defined in section 69.12 , and shall 5 be made within forty days after the vacancy occurs. If the 6 committee of county officers designated to fill the vacancy 7 chooses to proceed under this paragraph, the committee shall 8 publish notice in the manner prescribed by section 331.305 9 stating that the committee intends to fill the vacancy by 10 appointment but that the electors of the district or county, 11 as the case may be, have the right to file a petition requiring 12 that the vacancy be filled by special election if the remaining 13 balance of the unexpired term is at least six months . The 14 committee may publish notice in advance if an elected official 15 submits a resignation to take effect at a future date. The 16 committee may make an appointment to fill the vacancy after the 17 notice is published or after the vacancy occurs, whichever is 18 later. A person appointed to an office under this subsection 19 shall have actually resided in the county which the appointee 20 represents sixty days prior to appointment. 21 (2) However, if within fourteen days after publication of 22 the notice or within fourteen days after the appointment is 23 made, a petition is filed with the county auditor requesting a 24 special election to fill the vacancy and the remaining balance 25 of the unexpired term is at least six months , the appointment 26 is temporary and a special election shall be called as provided 27 in paragraph “b” . The petition shall meet the requirements of 28 section 331.306 , except that in counties where supervisors are 29 elected under plan “three”, the number of signatures calculated 30 according to the formula in section 331.306 shall be divided by 31 the number of supervisor districts in the county. 32 Sec. 2. Section 69.14A, subsection 2, paragraph a, 33 subparagraphs (1) and (2), Code 2026, are amended to read as 34 follows: 35 -1- LSB 5734YC (7) 91 ss/ns 1/ 5

H.F. _____ (1) The appointment shall be for the period until the next 1 general election, and shall be made within forty days after 2 the vacancy occurs. If the board of supervisors chooses to 3 proceed under this paragraph, the board shall publish notice 4 in the manner prescribed by section 331.305 stating that the 5 board intends to fill the vacancy by appointment but that 6 the electors of the county have the right to file a petition 7 requiring that the vacancy be filled by special election if the 8 remaining balance of the unexpired term is at least six months . 9 The board may publish notice in advance if an elected official 10 submits a resignation to take effect at a future date. The 11 board may make an appointment to fill the vacancy after the 12 notice is published or after the vacancy occurs, whichever is 13 later. A person appointed to an office under this subsection , 14 except for a county attorney, shall have actually resided in 15 the county which the appointee represents sixty days prior 16 to appointment. A person appointed to the office of county 17 attorney shall be a resident of the county at the time of 18 appointment. 19 (2) However, if within fourteen days after the appointment 20 is made, a petition is circulated and filed with the county 21 auditor requesting a special election to fill the vacancy and 22 the remaining balance of the unexpired term is at least six 23 months , the appointment is temporary and a special election 24 shall be called as provided in paragraph “b” . The petition 25 shall meet the requirements of section 331.306 . A signature 26 shall not be considered valid if the signature is dated prior 27 to the date on which the appointment was made. 28 Sec. 3. NEW SECTION . 69.14B Anticipated vacancy —— 29 election. 30 1. Upon the receipt of a written affirmation more than 31 seventy-three days before the next general election that a 32 supervisor or county officer listed in section 39.17 intends 33 to resign after the next general election but before the 34 expiration of the supervisor’s or county officer’s term of 35 -2- LSB 5734YC (7) 91 ss/ns 2/ 5

H.F. _____ office, the board of supervisors shall, by a majority vote, 1 declare that a vacancy exists in the office as of the date 2 contained in the affirmation and the office shall appear on the 3 ballot at the next general election. 4 2. The office to be filled at a general election pursuant 5 to subsection 1 shall be listed on the ballot with the name of 6 the office and the additional description, “To Fill Vacancy”. 7 The person elected at the general election shall assume office 8 as of the date of the vacancy, as declared by the board, and 9 after a certificate of election is issued and the person has 10 qualified by taking the oath of office, and shall serve the 11 balance of the unexpired term. 12 Sec. 4. Section 372.13, subsection 2, paragraph a, 13 subparagraph (2), unnumbered paragraph 1, Code 2026, is amended 14 to read as follows: 15 If the council chooses to proceed under this paragraph, 16 it shall publish notice in the manner prescribed by section 17 362.3 , stating that the council intends to fill the vacancy by 18 appointment but that the electors of the city or ward, as the 19 case may be, have the right to file a petition requiring that 20 the vacancy be filled by a special election if the remaining 21 balance of the unexpired term is at least six months . The 22 council may publish notice in advance if an elected official 23 submits a resignation to take effect at a future date. The 24 council may make an appointment to fill the vacancy after the 25 notice is published or after the vacancy occurs, whichever is 26 later. However, if within fourteen days after publication 27 of the notice or within fourteen days after the appointment 28 is made, there is filed with the city clerk a petition which 29 requests a special election to fill the vacancy and the 30 remaining balance of the unexpired term is at least six months , 31 an appointment to fill the vacancy is temporary and the council 32 shall call a special election to fill the vacancy permanently, 33 under paragraph “b” . The number of signatures of eligible 34 electors of a city for a valid petition shall be determined as 35 -3- LSB 5734YC (7) 91 ss/ns 3/ 5

H.F. _____ follows: 1 Sec. 5. NEW SECTION . 372.13B Anticipated vacancy —— 2 election. 3 1. Upon the receipt of a written affirmation more than 4 seventy-three days before the next general election that an 5 elected city officer intends to resign after the next general 6 election but before the expiration of the officer’s term of 7 office, the council shall, by a majority vote, declare that a 8 vacancy exists in the office as of the date contained in the 9 affirmation and the office shall appear on the ballot at the 10 next general election. 11 2. The office to be filled at a general election pursuant 12 to subsection 1 shall be listed on the ballot with the name of 13 the office and the additional description, “To Fill Vacancy”. 14 The person elected at the general election shall assume office 15 as of the date of the vacancy, as declared by the council, and 16 after a certificate of election is issued and the person has 17 qualified by taking the oath of office, and shall serve the 18 balance of the unexpired term. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to vacancies in elected county and city 23 offices. If a county board of supervisors or city council 24 chooses to fill a vacancy in an elective office by appointment, 25 the bill allows eligible electors of a county or city to submit 26 a petition to fill the vacancy by a special election only if 27 the remaining balance of the unexpired term is at least six 28 months. 29 The bill requires a county board of supervisors or city 30 council that receives a written affirmation more than 73 days 31 before the next general election that an elected officer 32 intends to resign after the next general election but before 33 the expiration of the officer’s term of office to, by majority 34 vote, declare that the office is vacant as of the date 35 -4- LSB 5734YC (7) 91 ss/ns 4/ 5

H.F. _____ contained in the affirmation. The office will then appear on 1 the ballot at the next general election with the description, 2 “To Fill Vacancy”. The person elected at the general election 3 will assume office as of the date of the vacancy and after a 4 certificate of election is issued and the person has qualified 5 by taking the oath of office, and shall serve the balance of 6 the unexpired term. 7 -5- LSB 5734YC (7) 91 ss/ns 5/ 5