Senate File 443 - IntroducedA Bill ForAn Act 1relating to county supervisors, concerning county
2supervisor representation plans and county supervisor
3vacancies, and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PLAN “THREE” COUNTY SUPERVISOR REPRESENTATION PLANS
3   Section 1.  Section 331.206, subsection 2, paragraph a, Code
42023, is amended to read as follows:
   5a.  The plan used under subsection 1 shall be selected by
6the board or by a special election as provided in section
7331.207. A plan selected by the board shall remain in effect
8for at least six years and shall only be changed by a special
9election as provided in section 331.207. However, a county
10with a population of sixty thousand or more based on the most
11recent federal decennial census shall use plan “three” for the
12election of supervisors.

13   Sec. 2.  Section 331.207, subsection 6, Code 2023, is amended
14by striking the subsection.
15   Sec. 3.  TRANSITION PROVISION.
   161.  Notwithstanding any provision of law to the contrary,
17a county with a population of sixty thousand or more based on
18the most recent federal decennial census that does not use
19plan “three” for the election of supervisors, as defined in
20section 331.206, as of the effective date of this Act, shall
21not be required to elect supervisors using plan “three” until
22the election for supervisors in 2024, following the adoption
23of a representation plan drawn pursuant to section 331.210A,
24subsection 2, paragraph “f”, and the requirements of this
25section.
   262.  A county required to adopt a representation plan as
27provided in this section shall establish a temporary county
28redistricting commission by the later of thirty days after the
29effective date of this Act or May 15, 2023, and shall complete
30a plan, in conformity with the requirements of sections 331.209
31and 331.210A no later than November 1, 2023. The plan shall
32be submitted to the state commissioner of elections and shall
33become effective January 1, 2024.
34DIVISION II
35PLAN “TWO” COUNTY SUPERVISOR REPRESENTATION PLANS
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1   Sec. 4.  Section 49.3, subsection 2, paragraph a, Code 2023,
2is amended to read as follows:
   3a.  All boundaries, except for supervisor districts for
4counties using supervisor representation plan “two” pursuant to
5section 331.209,
shall follow precinct boundaries.
6   Sec. 5.  Section 331.203, subsection 2, paragraph b, Code
72023, is amended to read as follows:
   8b.  If plan “two” or plan “three” as defined in section
9331.206 is in effect, the temporary county redistricting
10commission shall divide the county into five equal-population
11districts by December 15 of the year preceding the year of the
12next general election and at that general election, five board
13members shall be elected, two for initial terms of two years
14and three for four-year terms. The districts shall be drawn in
15the manner provided under sections section 331.209 and 331.210.
16The terms of the three incumbent supervisors shall expire on
17the date that the five-member board becomes effective.
18   Sec. 6.  Section 331.204, subsection 3, Code 2023, is amended
19to read as follows:
   203.  At the next general election following the one at
21which the proposition to reduce the membership of the board
22to three is approved, the membership of the board shall be
23elected according to the supervisor representation plan in
24effect in the county. If the supervisor representation plan
25includes equal-population districts, the districts shall be
26designated by December 15 of the year preceding the year of the
27next general election by the temporary county redistricting
28commission. The districts shall be drawn in the manner
29provided under sections section 331.209 and 331.210. One
30member of the board shall be elected to a two-year term and the
31remaining two members shall be elected to four-year terms. The
32length of the term for which a person is a candidate and the
33date when the term begins shall be indicated on the ballot.
34   Sec. 7.  Section 331.206, subsection 1, paragraph b, Code
352023, is amended by striking the paragraph.
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1   Sec. 8.  Section 331.206, subsection 2, paragraph b, Code
22023, is amended to read as follows:
   3b.  A plan selected by the board shall become effective
4on the first day in January which is not a Sunday or holiday
5following the next general election, at which time the terms of
6the members expire and the terms of the members elected under
7the requirements of the new supervisor representation plan
8at the general election as specified in section 331.208, or
9 331.209, or 331.210 shall commence.
10   Sec. 9.  Section 331.207, subsections 3, 4, and 5, Code 2023,
11are amended to read as follows:
   123.  The supervisor representation plans submitted at the
13special election shall be stated in substantially the following
14manner:
15The individual members of the board of supervisors in ......
16county, Iowa, shall be elected:
17Plan “one”. At large and without district residence
18requirements for the members.
19Plan “two”. At large but with equal-population district
20residence requirements for the members.

21Plan “three”. From single-member equal-population districts
22in which the electors of each district shall elect one member
23who must reside in that district.
   244.  If the plan adopted by a plurality of the ballots cast
25in the special election is not the supervisor representation
26plan currently in effect in the county, the terms of the county
27supervisors serving at the time of the special election shall
28continue until the first day in January which is not a Sunday
29or holiday following the next general election, at which time
30the terms of the members shall expire and the terms of the
31members elected under the requirements of the new supervisor
32representation plan at the general election as specified in
33section 331.208, or 331.209, or 331.210 shall commence.
   345.  If the plan adopted by a plurality of the ballots cast
35in the special election represents a change from plan “one” to
-3-1plan “two” or “three”, or from plan “two” to plan “three”, as
2each plan is defined in section 331.206, the temporary county
3redistricting commission shall divide the county into districts
4as provided in sections section 331.209 and 331.210. The
5plan shall be completed not later than November 1 following
6the special election and shall be submitted to the state
7commissioner of elections. The plan shall become effective the
8following January 1.
9   Sec. 10.  Section 331.209, unnumbered paragraph 1, Code
102023, is amended to read as follows:
   11If plan “two” “three” is selected pursuant to section
12331.206 or 331.207, the board shall be elected as provided in
13this section.
14   Sec. 11.  Section 331.209, subsection 2, Code 2023, is
15amended by striking the subsection and inserting in lieu
16thereof the following:
   172.  The boundaries of supervisor districts shall follow
18voting precinct lines and each member of the board and each
19candidate for the office shall be elected or nominated at the
20primary and general elections by only the electors of the
21district which that candidate seeks to represent.
22   Sec. 12.  Section 331.210A, subsection 1, paragraph a, Code
232023, is amended to read as follows:
   24a.  Not later than May 15 of each year ending in one, a
25temporary county redistricting commission shall be established
26as provided by this section for counties which have either
27plan “two” or
 a plan “three” supervisor representation plans
28
 plan. If a county has either plan “two” or a plan “three”
29supervisor representation plans plan and the number of members
30of the board is increased or decreased under section 331.203 or
31331.204, the temporary county redistricting commission shall
32be established by May 15 of the year preceding the year of the
33next general election.
34   Sec. 13.  REPEAL.  Section 331.210, Code 2023, is repealed.
35   Sec. 14.  PLAN “TWO” REPRESENTATION PLANS — TRANSITION
-4-1PROVISION.
   21.  Notwithstanding any provision of law to the contrary, a
3county with a population of under sixty thousand based on the
4most recent federal decennial census that uses plan “two” for
5the election of supervisors, as defined in section 331.206, as
6of the effective date of this Act, shall not be required to
7elect supervisors using plan “one” or plan “three” until the
8election for supervisors in 2024 subject to the requirements of
9this section.
   102.  The board of supervisors of a county subject to the
11requirements of subsection 1 shall, within thirty days of the
12effective date of this Act, adopt, by resolution, either plan
13“one” or plan “three” as the representation plan for the county
14beginning with the election for supervisors in 2024.
   153.  If the board of supervisors adopts plan “three”
16as provided in subsection 2, the county shall establish
17a temporary county redistricting commission by the later
18of thirty days after the date of the resolution adopting
19plan “three” or May 15, 2023, and shall complete a plan, in
20conformity with the requirements of sections 331.209 and
21331.210A no later than November 1, 2023. The plan shall be
22submitted to the state commissioner of elections and shall
23become effective January 1, 2024.
24DIVISION III
25COUNTY SUPERVISOR VACANCIES
26   Sec. 15.  Section 43.6, subsection 2, Code 2023, is amended
27to read as follows:
   282.  When a vacancy occurs in the office of county supervisor
29or any of the offices listed in section 39.17 and more than
30seventy days remain in the term of office following the next
31general election, the office shall be filled for the balance
32of the unexpired term at that general election unless the
33vacancy has been filled by a special election called more
34than seventy-three days before the primary election. If
35the vacancy occurs more than seventy-three days before the
-5-1primary election, political party candidates for that office
2at the next general election shall be nominated at the primary
3election. If an appointment to fill the vacancy in office is
4made eighty-eight or more days before the primary election and
5a petition requesting a special election has not been received
6within fourteen days after the appointment is made, candidates
7for the office shall be nominated at the primary election.

8   Sec. 16.  Section 69.14A, subsection 1, Code 2023, is amended
9by striking the subsection and inserting in lieu thereof the
10following:
   111.  A vacancy on the board of supervisors shall be filled
12by special election held to fill the office for the remaining
13balance of the unexpired term.
   14a.  The committee of county officers designated to fill
15the vacancy in section 69.8 shall call for a special election
16to fill the vacancy. The committee shall order the special
17election at the earliest practicable date, but giving at least
18thirty-two days’ notice of the election. A special election
19called under this section shall be held on a Tuesday and shall
20not be held on the same day as a school election within the
21county.
   22b.  However, if a vacancy on the board of supervisors
23occurs after the date of the primary election and more than
24seventy-three days before the general election, a special
25election to fill the vacancy shall not be called by the
26committee. If the term of office in which the vacancy exists
27will expire more than seventy days after the general election,
28the office shall be listed on the ballot, as “For Board of
29Supervisors, To Fill Vacancy”. The person elected at the
30general election shall assume office as soon as a certificate
31of election is issued and the person has qualified by taking
32the oath of office. The person shall serve the balance of the
33unexpired term.
   34c.  If the term of office in which the vacancy exists will
35expire within seventy days after the general election, the
-6-1person elected to the succeeding term shall also serve the
2balance of the unexpired term. The person elected at the
3general election shall assume office as soon as a certificate
4of election is issued and the person has qualified by taking
5the oath of office.
6   Sec. 17.  Section 331.201, subsection 3, Code 2023, is
7amended to read as follows:
   83.  The office of supervisor is an elective office except
9that if
. If a vacancy occurs on the board, a successor may
10
 shall be appointed elected to the unexpired term as provided
11in section 69.14A.
12   Sec. 18.  Section 331.214, subsection 2, paragraph c, Code
132023, is amended to read as follows:
   14c.  If the board declares a vacancy under this subsection and
15the remaining balance of the supervisor’s unexpired term is two
16and one-half years or more, a special election shall be held
17to fill the office as provided in section 69.14A, subsection
181, paragraph “c”.
19DIVISION IV
20EFFECTIVE DATE
21   Sec. 19.  EFFECTIVE DATE.  This Act, being deemed of
22immediate importance, takes effect upon enactment.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
   26This bill concerns county supervisor representation plans
27and county supervisor vacancies.
   28DIVISION I — PLAN “THREE” COUNTY SUPERVISOR REPRESENTATION
29PLANS. This division requires a county with a population of
3060,000 or more based on the most recent federal decennial
31census to use plan “three” for the election of county
32supervisors. Plan “three” requires individual members of
33the board of supervisors for that county to be elected from
34single-member equal-population districts. The bill provides
35that a county with a population of 60,000 or more as of the
-7-1effective date of the bill, that does not use plan “three”
2as of that date for the election of supervisors shall not
3be required to elect supervisors under plan “three” until
4the election for supervisors in 2024 following adoption of a
5representation plan in conformity with the provisions of law
6governing the adoption of a plan “three” representation plan.
   7DIVISION II — PLAN “TWO” COUNTY SUPERVISOR REPRESENTATION
8PLANS. This division eliminates the option for counties to
9use plan “two” for the election of county supervisors. Plan
10“two” requires individual members of the board of supervisors
11for that county to be elected at large with equal-population
12district residence requirements. The bill provides that a
13county with a population of under 60,000 as of the effective
14date of the bill, that uses plan “two” as of that date for
15the election of supervisors shall not be required to elect
16supervisors under plan “one” or “three” until the election
17for supervisors in 2024. The bill requires the board of
18supervisors of a county subject to the requirements of
19the division to adopt either plan “one” or plan “three” by
20resolution within 30 days of the effective date of the bill.
21If plan “three” is adopted, the county shall adopt a plan
22“three” representation plan in conformity with the provisions
23of law governing the adoption of a plan “three” representation
24plan to be used for the election of supervisors in 2024.
   25DIVISION III — COUNTY SUPERVISOR VACANCIES. This division
26requires vacancies on the board of supervisors to be filled
27by special election. Current law allows for vacancies to be
28filled by appointment under certain circumstances.
   29DIVISION IV — EFFECTIVE DATE. The bill takes effect upon
30enactment.
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