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Senate File 443 - ReprintedA 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 the
6board or by a special election as provided in section 331.207.
7A plan selected by the board shall remain in effect for at
8least six years and shall only be changed by a special election
9as provided in section 331.207. However, a county with a
10population of one hundred twenty-five thousand or more based on
11the most recent federal decennial census shall use plan “three”
12for the election 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, a
17county with a population of one hundred twenty-five thousand
18or more based on the most recent federal decennial census that
19does not use plan “three” for the election of supervisors, as
20defined in section 331.206, as of the effective date of this
21Act, shall not be required to elect supervisors using plan
22“three” until the election for supervisors in 2024, following
23the adoption of a representation plan drawn pursuant to section
24331.210A, subsection 2, paragraph “f”, and the requirements of
25this section.
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
35COUNTY SUPERVISOR VACANCIES
-1-1 Sec. 4. Section 43.6, subsection 2, Code 2023, is amended
2to read as follows:
32. When a vacancy occurs in the office of county supervisor
4or any of the offices listed in section 39.17 and more than
5seventy days remain in the term of office following the next
6general election, the office shall be filled for the balance
7of the unexpired term at that general election unless the
8vacancy has been filled by a special election called more
9than seventy-three days before the primary election. If
10the vacancy occurs more than seventy-three days before the
11primary election, political party candidates for that office
12at the next general election shall be nominated at the primary
13election. If an appointment to fill the vacancy in office is
14made eighty-eight or more days before the primary election and
15a petition requesting a special election has not been received
16within fourteen days after the appointment is made, candidates
17for the office shall be nominated at the primary election.
18 Sec. 5. Section 69.14A, subsection 1, Code 2023, is amended
19by striking the subsection and inserting in lieu thereof the
20following:
211. A vacancy on the board of supervisors shall be filled
22by special election held to fill the office for the remaining
23balance of the unexpired term.
24a. The committee of county officers designated to fill
25the vacancy in section 69.8 shall call for a special election
26to fill the vacancy. The committee shall order the special
27election at the earliest practicable date, but giving at least
28thirty-two days’ notice of the election. A special election
29called under this section shall be held on a Tuesday and shall
30not be held on the same day as a school election within the
31county.
32b. However, if a vacancy on the board of supervisors
33occurs after the date of the primary election and more than
34seventy-three days before the general election, a special
35election to fill the vacancy shall not be called by the
-2-1committee. If the term of office in which the vacancy exists
2will expire more than seventy days after the general election,
3the office shall be listed on the ballot, as “For Board of
4Supervisors, To Fill Vacancy”. The person elected at the
5general election shall assume office as soon as a certificate
6of election is issued and the person has qualified by taking
7the oath of office. The person shall serve the balance of the
8unexpired term.
9c. If the term of office in which the vacancy exists will
10expire within seventy days after the general election, the
11person elected to the succeeding term shall also serve the
12balance of the unexpired term. The person elected at the
13general election shall assume office as soon as a certificate
14of election is issued and the person has qualified by taking
15the oath of office.
16 Sec. 6. Section 331.201, subsection 3, Code 2023, is amended
17to read as follows:
183. The office of supervisor is an elective office except
19that if. If a vacancy occurs on the board, a successor may
20 shall be appointed elected to the unexpired term as provided
21in section 69.14A.
22 Sec. 7. Section 331.214, subsection 2, paragraph c, Code
232023, is amended to read as follows:
24c. If the board declares a vacancy under this subsection and
25the remaining balance of the supervisor’s unexpired term is two
26and one-half years or more, a special election shall be held
27to fill the office as provided in section 69.14A, subsection
281, paragraph “c”.
29DIVISION III
30EFFECTIVE DATE
31 Sec. 8. EFFECTIVE DATE. This Act, being deemed of immediate
32importance, takes effect upon enactment.
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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 the
6board or by a special election as provided in section 331.207.
7A plan selected by the board shall remain in effect for at
8least six years and shall only be changed by a special election
9as provided in section 331.207. However, a county with a
10population of one hundred twenty-five thousand or more based on
11the most recent federal decennial census shall use plan “three”
12for the election 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, a
17county with a population of one hundred twenty-five thousand
18or more based on the most recent federal decennial census that
19does not use plan “three” for the election of supervisors, as
20defined in section 331.206, as of the effective date of this
21Act, shall not be required to elect supervisors using plan
22“three” until the election for supervisors in 2024, following
23the adoption of a representation plan drawn pursuant to section
24331.210A, subsection 2, paragraph “f”, and the requirements of
25this section.
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
35COUNTY SUPERVISOR VACANCIES
-1-1 Sec. 4. Section 43.6, subsection 2, Code 2023, is amended
2to read as follows:
32. When a vacancy occurs in the office of county supervisor
4or any of the offices listed in section 39.17 and more than
5seventy days remain in the term of office following the next
6general election, the office shall be filled for the balance
7of the unexpired term at that general election unless the
8vacancy has been filled by a special election called more
9than seventy-three days before the primary election. If
10the vacancy occurs more than seventy-three days before the
11primary election, political party candidates for that office
12at the next general election shall be nominated at the primary
13election. If an appointment to fill the vacancy in office is
14made eighty-eight or more days before the primary election and
15a petition requesting a special election has not been received
16within fourteen days after the appointment is made, candidates
17for the office shall be nominated at the primary election.
18 Sec. 5. Section 69.14A, subsection 1, Code 2023, is amended
19by striking the subsection and inserting in lieu thereof the
20following:
211. A vacancy on the board of supervisors shall be filled
22by special election held to fill the office for the remaining
23balance of the unexpired term.
24a. The committee of county officers designated to fill
25the vacancy in section 69.8 shall call for a special election
26to fill the vacancy. The committee shall order the special
27election at the earliest practicable date, but giving at least
28thirty-two days’ notice of the election. A special election
29called under this section shall be held on a Tuesday and shall
30not be held on the same day as a school election within the
31county.
32b. However, if a vacancy on the board of supervisors
33occurs after the date of the primary election and more than
34seventy-three days before the general election, a special
35election to fill the vacancy shall not be called by the
-2-1committee. If the term of office in which the vacancy exists
2will expire more than seventy days after the general election,
3the office shall be listed on the ballot, as “For Board of
4Supervisors, To Fill Vacancy”. The person elected at the
5general election shall assume office as soon as a certificate
6of election is issued and the person has qualified by taking
7the oath of office. The person shall serve the balance of the
8unexpired term.
9c. If the term of office in which the vacancy exists will
10expire within seventy days after the general election, the
11person elected to the succeeding term shall also serve the
12balance of the unexpired term. The person elected at the
13general election shall assume office as soon as a certificate
14of election is issued and the person has qualified by taking
15the oath of office.
16 Sec. 6. Section 331.201, subsection 3, Code 2023, is amended
17to read as follows:
183. The office of supervisor is an elective office except
19that if. If a vacancy occurs on the board, a successor may
20 shall be appointed elected to the unexpired term as provided
21in section 69.14A.
22 Sec. 7. Section 331.214, subsection 2, paragraph c, Code
232023, is amended to read as follows:
24c. If the board declares a vacancy under this subsection and
25the remaining balance of the supervisor’s unexpired term is two
26and one-half years or more, a special election shall be held
27to fill the office as provided in section 69.14A, subsection
281, paragraph “c”.
29DIVISION III
30EFFECTIVE DATE
31 Sec. 8. EFFECTIVE DATE. This Act, being deemed of immediate
32importance, takes effect upon enactment.
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