Senate File 443 - Reprinted SENATE FILE 443 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO SF 314) (As Amended and Passed by the Senate March 6, 2023 ) 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 SF 443 (2) 90 ec/rn/mb

S.F. 443 DIVISION I 1 PLAN “THREE” COUNTY SUPERVISOR REPRESENTATION PLANS 2 Section 1. Section 331.206, subsection 2, paragraph a, Code 3 2023, is amended to read as follows: 4 a. The plan used under subsection 1 shall be selected by the 5 board or by a special election as provided in section 331.207 . 6 A plan selected by the board shall remain in effect for at 7 least six years and shall only be changed by a special election 8 as provided in section 331.207 . However, a county with a 9 population of one hundred twenty-five thousand or more based on 10 the most recent federal decennial census shall use plan “three” 11 for the election of supervisors. 12 Sec. 2. Section 331.207, subsection 6, Code 2023, is amended 13 by striking the subsection. 14 Sec. 3. TRANSITION PROVISION. 15 1. Notwithstanding any provision of law to the contrary, a 16 county with a population of one hundred twenty-five thousand 17 or more based on the most recent federal decennial census that 18 does not use plan “three” for the election of supervisors, as 19 defined in section 331.206, as of the effective date of this 20 Act, shall not be required to elect supervisors using plan 21 “three” until the election for supervisors in 2024, following 22 the adoption of a representation plan drawn pursuant to section 23 331.210A, subsection 2, paragraph “f”, and the requirements of 24 this section. 25 2. A county required to adopt a representation plan as 26 provided in this section shall establish a temporary county 27 redistricting commission by the later of thirty days after the 28 effective date of this Act or May 15, 2023, and shall complete 29 a plan, in conformity with the requirements of sections 331.209 30 and 331.210A no later than November 1, 2023. The plan shall 31 be submitted to the state commissioner of elections and shall 32 become effective January 1, 2024. 33 DIVISION II 34 COUNTY SUPERVISOR VACANCIES 35 -1- SF 443 (2) 90 ec/rn/mb 1/ 3

S.F. 443 Sec. 4. Section 43.6, subsection 2, Code 2023, is amended 1 to read as follows: 2 2. When a vacancy occurs in the office of county supervisor 3 or any of the offices listed in section 39.17 and more than 4 seventy days remain in the term of office following the next 5 general election, the office shall be filled for the balance 6 of the unexpired term at that general election unless the 7 vacancy has been filled by a special election called more 8 than seventy-three days before the primary election. If 9 the vacancy occurs more than seventy-three days before the 10 primary election, political party candidates for that office 11 at the next general election shall be nominated at the primary 12 election. If an appointment to fill the vacancy in office is 13 made eighty-eight or more days before the primary election and 14 a petition requesting a special election has not been received 15 within fourteen days after the appointment is made, candidates 16 for the office shall be nominated at the primary election. 17 Sec. 5. Section 69.14A, subsection 1, Code 2023, is amended 18 by striking the subsection and inserting in lieu thereof the 19 following: 20 1. A vacancy on the board of supervisors shall be filled 21 by special election held to fill the office for the remaining 22 balance of the unexpired term. 23 a. The committee of county officers designated to fill 24 the vacancy in section 69.8 shall call for a special election 25 to fill the vacancy. The committee shall order the special 26 election at the earliest practicable date, but giving at least 27 thirty-two days’ notice of the election. A special election 28 called under this section shall be held on a Tuesday and shall 29 not be held on the same day as a school election within the 30 county. 31 b. However, if a vacancy on the board of supervisors 32 occurs after the date of the primary election and more than 33 seventy-three days before the general election, a special 34 election to fill the vacancy shall not be called by the 35 -2- SF 443 (2) 90 ec/rn/mb 2/ 3

S.F. 443 committee. If the term of office in which the vacancy exists 1 will expire more than seventy days after the general election, 2 the office shall be listed on the ballot, as “For Board of 3 Supervisors, To Fill Vacancy”. The person elected at the 4 general election shall assume office as soon as a certificate 5 of election is issued and the person has qualified by taking 6 the oath of office. The person shall serve the balance of the 7 unexpired term. 8 c. If the term of office in which the vacancy exists will 9 expire within seventy days after the general election, the 10 person elected to the succeeding term shall also serve the 11 balance of the unexpired term. The person elected at the 12 general election shall assume office as soon as a certificate 13 of election is issued and the person has qualified by taking 14 the oath of office. 15 Sec. 6. Section 331.201, subsection 3, Code 2023, is amended 16 to read as follows: 17 3. The office of supervisor is an elective office except 18 that if . If a vacancy occurs on the board, a successor may 19 shall be appointed elected to the unexpired term as provided 20 in section 69.14A . 21 Sec. 7. Section 331.214, subsection 2, paragraph c, Code 22 2023, is amended to read as follows: 23 c. If the board declares a vacancy under this subsection and 24 the remaining balance of the supervisor’s unexpired term is two 25 and one-half years or more, a special election shall be held 26 to fill the office as provided in section 69.14A, subsection 27 1 , paragraph “c” . 28 DIVISION III 29 EFFECTIVE DATE 30 Sec. 8. EFFECTIVE DATE. This Act, being deemed of immediate 31 importance, takes effect upon enactment. 32 -3- SF 443 (2) 90 ec/rn/mb 3/ 3