House File 2179 - 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
42024, 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 2, Code 2024, is amended
14to read as follows:
   152.  The petition shall be filed with the county commissioner
16by June 1 of an odd-numbered year, subject to subsection
176
. The special election shall be held on the first Tuesday
18in August of the odd-numbered year. Notice of the special
19election shall be published once each week for three successive
20weeks in an official newspaper of the county, shall state the
21representation plans to be submitted to the electors, and shall
22state the date of the special election. The last in the series
23of publications shall occur not less than four nor more than
24twenty days before the election.
25   Sec. 3.  Section 331.207, subsection 6, Code 2024, is amended
26by striking the subsection.
27   Sec. 4.  TRANSITION PROVISION.
   281.  Notwithstanding any provision of law to the contrary,
29a county with a population of sixty thousand or more based on
30the most recent federal decennial census that does not use
31plan “three” for the election of supervisors, as defined in
32section 331.206, as of the effective date of this Act, shall
33not be required to elect supervisors using plan “three” until
34the election for supervisors in 2026, following the adoption
35of a representation plan drawn pursuant to section 331.210A,
-1-1subsection 2, paragraph “f”, and the requirements of this
2section.
   32.  A county required to adopt a representation plan as
4provided in this section shall establish a temporary county
5redistricting commission by the later of thirty days after the
6effective date of this Act or May 15, 2024, and shall complete
7a plan, in conformity with the requirements of sections 331.209
8and 331.210A, no later than November 1, 2024. The plan shall
9be submitted to the state commissioner of elections and shall
10become effective January 1, 2025.
11DIVISION II
12PLAN “TWO” COUNTY SUPERVISOR REPRESENTATION PLANS
13   Sec. 5.  Section 49.3, subsection 2, paragraph a, Code 2024,
14is amended to read as follows:
   15a.  All boundaries, except for supervisor districts for
16counties using supervisor representation plan “two” pursuant to
17section 331.209,
shall follow precinct boundaries.
18   Sec. 6.  Section 331.203, subsection 2, paragraph b, Code
192024, is amended to read as follows:
   20b.  If plan “two” or plan “three” as defined in section
21331.206 is in effect, the temporary county redistricting
22commission shall divide the county into five equal-population
23districts by December 15 of the year preceding the year of the
24next general election and at that general election, five board
25members shall be elected, two for initial terms of two years
26and three for four-year terms. The districts shall be drawn in
27the manner provided under sections section 331.209 and 331.210.
28The terms of the three incumbent supervisors shall expire on
29the date that the five-member board becomes effective.
30   Sec. 7.  Section 331.204, subsection 3, Code 2024, is amended
31to read as follows:
   323.  At the next general election following the one at
33which the proposition to reduce the membership of the board
34to three is approved, the membership of the board shall be
35elected according to the supervisor representation plan in
-2-1effect in the county. If the supervisor representation plan
2includes equal-population districts, the districts shall be
3designated by December 15 of the year preceding the year of the
4next general election by the temporary county redistricting
5commission. The districts shall be drawn in the manner
6provided under sections section 331.209 and 331.210. One
7member of the board shall be elected to a two-year term and the
8remaining two members shall be elected to four-year terms. The
9length of the term for which a person is a candidate and the
10date when the term begins shall be indicated on the ballot.
11   Sec. 8.  Section 331.206, subsection 1, paragraph b, Code
122024, is amended by striking the paragraph.
13   Sec. 9.  Section 331.206, subsection 2, paragraph b, Code
142024, is amended to read as follows:
   15b.  A plan selected by the board shall become effective
16on the first day in January which is not a Sunday or holiday
17following the next general election, at which time the terms of
18the members expire and the terms of the members elected under
19the requirements of the new supervisor representation plan
20at the general election as specified in section 331.208, or
21 331.209, or 331.210 shall commence.
22   Sec. 10.  Section 331.207, subsections 3, 4, and 5, Code
232024, are amended to read as follows:
   243.  The supervisor representation plans submitted at the
25special election shall be stated in substantially the following
26manner:
27The individual members of the board of supervisors in ......
28county, Iowa, shall be elected:
29Plan “one”. At large and without district residence
30requirements for the members.
31Plan “two”. At large but with equal-population district
32residence requirements for the members.

33Plan “three”. From single-member equal-population districts
34in which the electors of each district shall elect one member
35who must reside in that district.
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   14.  If the plan adopted by a plurality of the ballots cast
2in the special election is not the supervisor representation
3plan currently in effect in the county, the terms of the county
4supervisors serving at the time of the special election shall
5continue until the first day in January which is not a Sunday
6or holiday following the next general election, at which time
7the terms of the members shall expire and the terms of the
8members elected under the requirements of the new supervisor
9representation plan at the general election as specified in
10section 331.208, or 331.209, or 331.210 shall commence.
   115.  If the plan adopted by a plurality of the ballots cast
12in the special election represents a change from plan “one” to
13plan “two” or “three”, or from plan “two” to plan “three”, as
14each plan is defined in section 331.206, the temporary county
15redistricting commission shall divide the county into districts
16as provided in sections section 331.209 and 331.210. The
17plan shall be completed not later than November 1 following
18the special election and shall be submitted to the state
19commissioner of elections. The plan shall become effective the
20following January 1.
21   Sec. 11.  Section 331.209, unnumbered paragraph 1, Code
222024, is amended to read as follows:
   23If plan “two” “three” is selected pursuant to section
24331.206 or 331.207, the board shall be elected as provided in
25this section.
26   Sec. 12.  Section 331.209, subsection 2, Code 2024, is
27amended by striking the subsection and inserting in lieu
28thereof the following:
   292.  The boundaries of supervisor districts shall follow
30voting precinct lines and each member of the board and each
31candidate for the office shall be elected or nominated at the
32primary and general elections by only the electors of the
33district which that candidate seeks to represent.
34   Sec. 13.  Section 331.210A, subsection 1, paragraph a, Code
352024, is amended to read as follows:
-4-   1a.  Not later than May 15 of each year ending in one, a
2temporary county redistricting commission shall be established
3as provided by this section for counties which have either
4plan “two” or
 a plan “three” supervisor representation plans
5
 plan. If a county has either plan “two” or a plan “three”
6supervisor representation plans plan and the number of members
7of the board is increased or decreased under section 331.203 or
8331.204, the temporary county redistricting commission shall
9be established by May 15 of the year preceding the year of the
10next general election.
11   Sec. 14.  REPEAL.  Section 331.210, Code 2024, is repealed.
12   Sec. 15.  PLAN “TWO” REPRESENTATION PLANS — TRANSITION
13PROVISION.
   141.  Notwithstanding any provision of law to the contrary, a
15county with a population of under sixty thousand based on the
16most recent federal decennial census that uses plan “two” for
17the election of supervisors, as defined in section 331.206, as
18of the effective date of this Act, shall not be required to
19elect supervisors using plan “one” or plan “three” until the
20election for supervisors in 2026 subject to the requirements of
21this section.
   222.  The board of supervisors of a county subject to the
23requirements of subsection 1 shall, within thirty days of the
24effective date of this Act, adopt, by resolution, either plan
25“one” or plan “three” as the representation plan for the county
26beginning with the election for supervisors in 2026.
   273.  If the board of supervisors adopts plan “three”
28as provided in subsection 2, the county shall establish
29a temporary county redistricting commission by the later
30of thirty days after the date of the resolution adopting
31plan “three” or May 15, 2024, and shall complete a plan, in
32conformity with the requirements of sections 331.209 and
33331.210A no later than November 1, 2024. The plan shall be
34submitted to the state commissioner of elections and shall
35become effective January 1, 2025.
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1DIVISION III
2COUNTY SUPERVISOR VACANCIES
3   Sec. 16.  Section 43.6, subsection 2, Code 2024, is amended
4to read as follows:
   52.  When a vacancy occurs in the office of county supervisor
6or any of the offices listed in section 39.17 and more than
7seventy days remain in the term of office following the next
8general election, the office shall be filled for the balance
9of the unexpired term at that general election unless the
10vacancy has been filled by a special election called more
11than seventy-three days before the primary election. If
12the vacancy occurs more than seventy-three days before the
13primary election, political party candidates for that office
14at the next general election shall be nominated at the primary
15election. If an appointment to fill the vacancy in office is
16made eighty-eight or more days before the primary election and
17a petition requesting a special election has not been received
18within fourteen days after the appointment is made, candidates
19for the office shall be nominated at the primary election.

20   Sec. 17.  Section 69.14A, subsection 1, Code 2024, is amended
21by striking the subsection and inserting in lieu thereof the
22following:
   231.  A vacancy on the board of supervisors shall be filled
24by special election held to fill the office for the remaining
25balance of the unexpired term.
   26a.  The committee of county officers designated to fill
27the vacancy in section 69.8 shall call for a special election
28to fill the vacancy. The committee shall order the special
29election at the earliest practicable date, but giving at least
30thirty-two days’ notice of the election. A special election
31called under this subsection shall be held on a Tuesday and
32shall not be held on the same day as a school election within
33the county.
   34b.  However, if a vacancy on the board of supervisors
35occurs after the date of the primary election and more than
-6-1seventy-three days before the general election, a special
2election to fill the vacancy shall not be called by the
3committee. If the term of office in which the vacancy exists
4will expire more than seventy days after the general election,
5the office shall be listed on the ballot, as “For Board of
6Supervisors, To Fill Vacancy”. The person elected at the
7general election shall assume office as soon as a certificate
8of election is issued and the person has qualified by taking
9the oath of office. The person shall serve the balance of the
10unexpired term.
   11c.  If the term of office in which the vacancy exists will
12expire within seventy days after the general election, the
13person elected to the succeeding term shall also serve the
14balance of the unexpired term. The person elected at the
15general election shall assume office as soon as a certificate
16of election is issued and the person has qualified by taking
17the oath of office.
18   Sec. 18.  Section 331.201, subsection 3, Code 2024, is
19amended to read as follows:
   203.  The office of supervisor is an elective office except
21that if
. If a vacancy occurs on the board, a successor may
22
 shall be appointed elected to the unexpired term as provided
23in section 69.14A.
24   Sec. 19.  Section 331.214, subsection 2, paragraph c, Code
252024, is amended to read as follows:
   26c.  If the board declares a vacancy under this subsection and
27the remaining balance of the supervisor’s unexpired term is two
28and one-half years or more, a special election shall be held
29to fill the office as provided in section 69.14A, subsection
301, paragraph “c”.
31DIVISION IV
32EFFECTIVE DATE
33   Sec. 20.  EFFECTIVE DATE.  This Act, being deemed of
34immediate importance, takes effect upon enactment.
35EXPLANATION
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1The inclusion of this explanation does not constitute agreement with
2the explanation’s substance by the members of the general assembly.
   3This bill concerns county supervisor representation plans
4and county supervisor vacancies.
   5DIVISION I — PLAN “THREE” COUNTY SUPERVISOR REPRESENTATION
6PLANS. This division requires a county with a population of
760,000 or more based on the most recent federal decennial
8census to use plan “three” for the election of county
9supervisors. Plan “three” requires individual members of
10the board of supervisors for that county to be elected from
11single-member equal-population districts. The bill provides
12that a county with a population of 60,000 or more as of the
13effective date of the bill, that does not use plan “three”
14as of that date for the election of supervisors shall not
15be required to elect supervisors under plan “three” until
16the election for supervisors in 2026 following adoption of a
17representation plan in conformity with the provisions of law
18governing the adoption of a plan “three” representation plan.
   19DIVISION II — PLAN “TWO” COUNTY SUPERVISOR REPRESENTATION
20PLANS. This division eliminates the option for counties to
21use plan “two” for the election of county supervisors. Plan
22“two” requires individual members of the board of supervisors
23for that county to be elected at large with equal-population
24district residence requirements. The bill provides that a
25county with a population of under 60,000 as of the effective
26date of the bill, that uses plan “two” as of that date for
27the election of supervisors shall not be required to elect
28supervisors under plan “one” or “three” until the election
29for supervisors in 2026. The bill requires the board of
30supervisors of a county subject to the requirements of
31the division to adopt either plan “one” or plan “three” by
32resolution within 30 days of the effective date of the bill.
33If plan “three” is adopted, the county shall adopt a plan
34“three” representation plan in conformity with the provisions
35of law governing the adoption of a plan “three” representation
-8-1plan to be used for the election of supervisors in 2026.
   2DIVISION III — COUNTY SUPERVISOR VACANCIES. This division
3requires vacancies on the board of supervisors to be filled
4by special election. Current law allows for vacancies to be
5filled by appointment under certain circumstances.
   6DIVISION IV — EFFECTIVE DATE. The bill takes effect upon
7enactment.
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