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House File 341 - IntroducedA Bill ForAn Act 1prohibiting persons from simultaneously holding more
2than one elective office and including applicability
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 39.11, Code 2019, is amended to read as
2follows:
339.11 More than one office prohibited.
4Statewide elected Elected officials and members of the
5general assembly shall not hold more than one elective office
6at a time. All other elected officials shall not hold more
7than one elective office at the same level of government
8at a time. This section does not apply to the following
9offices: county agricultural extension council or soil and
10water conservation district commission.
11 Sec. 2. Section 39.12, Code 2019, is amended to read as
12follows:
1339.12 Failure to vacate.
14An elected official who has been elected or appointed to
15another elective office to which section 39.11 applies shall
16choose only one office in which to serve. The official shall
17resign from all but one of the offices to which section 39.11
18 applies before the beginning of the term of the office to which
19the person was most recently elected or appointed. Failure to
20submit the required resignation will result in a vacancy in all
21elective offices to which the person was elected or appointed.
22 Sec. 3. APPLICABILITY. This Act applies to the simultaneous
23holding of elective offices that results from an election or
24appointment that occurs on or after July 1, 2019.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill prohibits persons from simultaneously holding more
29than one elective office.
30Under current law, including provisions of the Constitution
31of the State of Iowa, common law, and the Code, the
32simultaneous holding of certain offices is barred, which is
33known as the doctrine of incompatibility of offices. The
34Constitution of the State of Iowa bars the simultaneous holding
35of offices for certain state-level offices. Common law bars
-1-1the holding of multiple offices where one office is subordinate
2to the other, or where the duties of the two offices are
3inconsistent. Current Code section 39.11 prohibits statewide
4elected officials and members of the general assembly from
5holding more than one elective office at a time, as well as
6other elected officials from holding more than one elective
7office at the same level of government at a time. However,
8this statutory prohibition does not apply to the office
9of county agricultural extension council or soil and water
10conservation district commission. A person elected to an
11elective office to which Code section 39.11 applies is required
12to choose one office in which to serve and resign from all
13other offices. Failure to do so creates a vacancy in all
14elective offices to which the person was elected.
15The bill provides that the statutory prohibition applies
16to all elective offices in the state. Additionally, the bill
17provides that the requirement to resign from an office if
18elected to multiple offices also applies to the simultaneous
19holding of elective offices which results from an appointment
20to an elective office.
21The bill applies to the simultaneous holding of elective
22offices that results from an election or appointment that
23occurs on or after July 1, 2019.
-2-jh/tm
2than one elective office and including applicability
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 39.11, Code 2019, is amended to read as
2follows:
339.11 More than one office prohibited.
4Statewide elected Elected officials and members of the
5general assembly shall not hold more than one elective office
6at a time. All other elected officials shall not hold more
7than one elective office at the same level of government
8at a time. This section does not apply to the following
9offices: county agricultural extension council or soil and
10water conservation district commission.
11 Sec. 2. Section 39.12, Code 2019, is amended to read as
12follows:
1339.12 Failure to vacate.
14An elected official who has been elected or appointed to
15another elective office to which section 39.11 applies shall
16choose only one office in which to serve. The official shall
17resign from all but one of the offices to which section 39.11
18 applies before the beginning of the term of the office to which
19the person was most recently elected or appointed. Failure to
20submit the required resignation will result in a vacancy in all
21elective offices to which the person was elected or appointed.
22 Sec. 3. APPLICABILITY. This Act applies to the simultaneous
23holding of elective offices that results from an election or
24appointment that occurs on or after July 1, 2019.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill prohibits persons from simultaneously holding more
29than one elective office.
30Under current law, including provisions of the Constitution
31of the State of Iowa, common law, and the Code, the
32simultaneous holding of certain offices is barred, which is
33known as the doctrine of incompatibility of offices. The
34Constitution of the State of Iowa bars the simultaneous holding
35of offices for certain state-level offices. Common law bars
-1-1the holding of multiple offices where one office is subordinate
2to the other, or where the duties of the two offices are
3inconsistent. Current Code section 39.11 prohibits statewide
4elected officials and members of the general assembly from
5holding more than one elective office at a time, as well as
6other elected officials from holding more than one elective
7office at the same level of government at a time. However,
8this statutory prohibition does not apply to the office
9of county agricultural extension council or soil and water
10conservation district commission. A person elected to an
11elective office to which Code section 39.11 applies is required
12to choose one office in which to serve and resign from all
13other offices. Failure to do so creates a vacancy in all
14elective offices to which the person was elected.
15The bill provides that the statutory prohibition applies
16to all elective offices in the state. Additionally, the bill
17provides that the requirement to resign from an office if
18elected to multiple offices also applies to the simultaneous
19holding of elective offices which results from an appointment
20to an elective office.
21The bill applies to the simultaneous holding of elective
22offices that results from an election or appointment that
23occurs on or after July 1, 2019.
-2-jh/tm