HSB 639 (LSB 5734YC (7) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON BODEN)

A BILL FOR

An Act relating to elections to fill vacancies in elective county and city offices.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 69.14A, subsection 1, paragraph a, subparagraphs (1) and (2), Code 2026, are amended to read as follows:
   (1)  The appointment shall be for the period until the next pending election, as defined in section 69.12, and shall be made within forty days after the vacancy occurs. If the committee of county officers designated to fill the vacancy chooses to proceed under this paragraph, the committee shall publish notice in the manner prescribed by section 331.305 stating that the committee intends to fill the vacancy by appointment but that the electors of the district or county, as the case may be, have the right to file a petition requiring that the vacancy be filled by special election if the remaining balance of the unexpired term is at least six months. The committee may publish notice in advance if an elected official submits a resignation to take effect at a future date. The committee may make an appointment to fill the vacancy after the notice is published or after the vacancy occurs, whichever is later. A person appointed to an office under this subsection shall have actually resided in the county which the appointee represents sixty days prior to appointment.
   (2)  However, if within fourteen days after publication of the notice or within fourteen days after the appointment is made, a petition is filed with the county auditor requesting a special election to fill the vacancy and the remaining balance of the unexpired term is at least six months, the appointment is temporary and a special election shall be called as provided in paragraph “b”. The petition shall meet the requirements of section 331.306, except that in counties where supervisors are elected under plan “three”, the number of signatures calculated according to the formula in section 331.306 shall be divided by the number of supervisor districts in the county.
    Sec. 2.  Section 69.14A, subsection 2, paragraph a, subparagraphs (1) and (2), Code 2026, are amended to read as follows:
   (1)  The appointment shall be for the period until the next general election, and shall be made within forty days after the vacancy occurs. If the board of supervisors chooses to proceed under this paragraph, the board shall publish notice in the manner prescribed by section 331.305 stating that the board intends to fill the vacancy by appointment but that the electors of the county have the right to file a petition requiring that the vacancy be filled by special election if the remaining balance of the unexpired term is at least six months. The board may publish notice in advance if an elected official submits a resignation to take effect at a future date. The board may make an appointment to fill the vacancy after the notice is published or after the vacancy occurs, whichever is later. A person appointed to an office under this subsection, except for a county attorney, shall have actually resided in the county which the appointee represents sixty days prior to appointment. A person appointed to the office of county attorney shall be a resident of the county at the time of appointment.
   (2)  However, if within fourteen days after the appointment is made, a petition is circulated and filed with the county auditor requesting a special election to fill the vacancy and the remaining balance of the unexpired term is at least six months, the appointment is temporary and a special election shall be called as provided in paragraph “b”. The petition shall meet the requirements of section 331.306. A signature shall not be considered valid if the signature is dated prior to the date on which the appointment was made.
    Sec. 3.  NEW SECTION.  69.14B  Anticipated vacancy —— election.
   1.  Upon the receipt of a written affirmation more than seventy-three days before the next general election that a supervisor or county officer listed in section 39.17 intends to resign after the next general election but before the expiration of the supervisor’s or county officer’s term of office, the board of supervisors shall, by a majority vote, declare that a vacancy exists in the office as of the date contained in the affirmation and the office shall appear on the ballot at the next general election.
   2.  The office to be filled at a general election pursuant to subsection 1 shall be listed on the ballot with the name of the office and the additional description, “To Fill Vacancy”. The person elected at the general election shall assume office as of the date of the vacancy, as declared by the board, and after a certificate of election is issued and the person has qualified by taking the oath of office, and shall serve the balance of the unexpired term.
    Sec. 4.  Section 372.13, subsection 2, paragraph a, subparagraph (2), unnumbered paragraph 1, Code 2026, 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 if the remaining balance of the unexpired term is at least six months. 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 and the remaining balance of the unexpired term is at least six months, an appointment to fill the vacancy is temporary and the council shall call a special election to fill the vacancy permanently, under paragraph “b”. The number of signatures of eligible electors of a city for a valid petition shall be determined as follows:
    Sec. 5.  NEW SECTION.  372.13B  Anticipated vacancy —— election.
   1.  Upon the receipt of a written affirmation more than seventy-three days before the next general election that an elected city officer intends to resign after the next general election but before the expiration of the officer’s term of office, the council shall, by a majority vote, declare that a vacancy exists in the office as of the date contained in the affirmation and the office shall appear on the ballot at the next general election.
   2.  The office to be filled at a general election pursuant to subsection 1 shall be listed on the ballot with the name of the office and the additional description, “To Fill Vacancy”. The person elected at the general election shall assume office as of the date of the vacancy, as declared by the council, and after a certificate of election is issued and the person has qualified by taking the oath of office, and shall serve the balance of the unexpired term.
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 vacancies in elected county and city offices. If a county board of supervisors or city council chooses to fill a vacancy in an elective office by appointment, the bill allows eligible electors of a county or city to submit a petition to fill the vacancy by a special election only if the remaining balance of the unexpired term is at least six months.
   The bill requires a county board of supervisors or city council that receives a written affirmation more than 73 days before the next general election that an elected officer intends to resign after the next general election but before the expiration of the officer’s term of office to, by majority vote, declare that the office is vacant as of the date contained in the affirmation. The office will then appear on the ballot at the next general election with the description, “To Fill Vacancy”. The person elected at the general election will assume office as of the date of the vacancy and after a certificate of election is issued and the person has qualified by taking the oath of office, and shall serve the balance of the unexpired term.