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Senate File 2439 - 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 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 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, a
29county with a population of one hundred twenty-five thousand
30or more based on the most recent federal decennial census that
31does not use plan “three” for the election of supervisors, as
32defined in section 331.206, as of the effective date of this
33Act, shall not be required to elect supervisors using plan
34“three” until the election for supervisors in 2026, following
35the adoption of a representation plan drawn pursuant to section
-1-1331.210A, subsection 2, paragraph “f”, and the requirements of
2this section.
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
12COUNTY SUPERVISOR VACANCIES
13 Sec. 5. Section 43.6, subsection 2, Code 2024, is amended
14to read as follows:
152. When a vacancy occurs in the office of county supervisor
16or any of the offices listed in section 39.17 and more than
17seventy days remain in the term of office following the next
18general election, the office shall be filled for the balance
19of the unexpired term at that general election unless the
20vacancy has been filled by a special election called more
21than seventy-three days before the primary election. If
22the vacancy occurs more than seventy-three days before the
23primary election, political party candidates for that office
24at the next general election shall be nominated at the primary
25election. If an appointment to fill the vacancy in office is
26made in accordance with section 69.14A, subsection 1, paragraph
27“a”, eighty-eight or more days before the primary election and
28a petition requesting a special election has not been received
29within fourteen days after the appointment is made, candidates
30for the office shall be nominated at the primary election.
31 Sec. 6. Section 69.14A, subsection 1, paragraph a,
32unnumbered paragraph 1, Code 2024, is amended to read as
33follows:
34By If the population of the county is less than one hundred
35twenty-five thousand based on the most recent federal decennial
-2-1census, by appointment by the committee of county officers
2designated to fill the vacancy in section 69.8.
3 Sec. 7. Section 69.14A, subsection 1, paragraph b,
4unnumbered paragraph 1, Code 2024, is amended to read as
5follows:
6By If the population of the county is one hundred twenty-
7five thousand or more based on the most recent federal
8decennial census, by special election held to fill the office
9for the remaining balance of the unexpired term.
10 Sec. 8. Section 331.201, subsection 3, Code 2024, is amended
11to read as follows:
123. The office of supervisor is an elective office except
13that if a vacancy occurs on the board, a successor may be
14appointed to the unexpired term as provided in section 69.14A,
15subsection 1, paragraph “a”, if the population of the county is
16less than one hundred twenty-five thousand based on the most
17recent federal decennial census.
18 Sec. 9. Section 331.214, subsection 2, paragraph c, Code
192024, is amended to read as follows:
20c. If the board declares a vacancy under this subsection and
21the remaining balance of the supervisor’s unexpired term is two
22and one-half years or more, a special election shall be held to
23fill the office as provided in section 69.14A, subsection 1,
24paragraph “c”, if the population of the county is one hundred
25twenty-five thousand or more based on the most recent federal
26decennial census. However, if the population of the county is
27less than one hundred twenty-five thousand based on the most
28recent federal decennial census, an appointment shall be made
29to fill the office as provided in section 69.14A, subsection
301, paragraph “a”.
31DIVISION III
32EFFECTIVE DATE
33 Sec. 10. EFFECTIVE DATE. This Act, being deemed of
34immediate importance, takes effect upon enactment.
35EXPLANATION
-3-1The 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
7125,000 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 125,000 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 — COUNTY SUPERVISOR VACANCIES. This division
20requires vacancies on the board of supervisors to be filled
21by special election in a county with a population of 125,000
22or more. Current law allows for vacancies to be filled by
23appointment under certain circumstances. The bill requires
24vacancies to be filled by appointment in a county with a
25population of less than 125,000 in accordance with current law,
26including a vacancy that is treated as a resignation due to the
27physical or mental status of a supervisor.
28DIVISION III — EFFECTIVE DATE. The bill takes effect upon
29enactment.
-4-th/ns
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 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 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, a
29county with a population of one hundred twenty-five thousand
30or more based on the most recent federal decennial census that
31does not use plan “three” for the election of supervisors, as
32defined in section 331.206, as of the effective date of this
33Act, shall not be required to elect supervisors using plan
34“three” until the election for supervisors in 2026, following
35the adoption of a representation plan drawn pursuant to section
-1-1331.210A, subsection 2, paragraph “f”, and the requirements of
2this section.
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
12COUNTY SUPERVISOR VACANCIES
13 Sec. 5. Section 43.6, subsection 2, Code 2024, is amended
14to read as follows:
152. When a vacancy occurs in the office of county supervisor
16or any of the offices listed in section 39.17 and more than
17seventy days remain in the term of office following the next
18general election, the office shall be filled for the balance
19of the unexpired term at that general election unless the
20vacancy has been filled by a special election called more
21than seventy-three days before the primary election. If
22the vacancy occurs more than seventy-three days before the
23primary election, political party candidates for that office
24at the next general election shall be nominated at the primary
25election. If an appointment to fill the vacancy in office is
26made in accordance with section 69.14A, subsection 1, paragraph
27“a”, eighty-eight or more days before the primary election and
28a petition requesting a special election has not been received
29within fourteen days after the appointment is made, candidates
30for the office shall be nominated at the primary election.
31 Sec. 6. Section 69.14A, subsection 1, paragraph a,
32unnumbered paragraph 1, Code 2024, is amended to read as
33follows:
34By If the population of the county is less than one hundred
35twenty-five thousand based on the most recent federal decennial
-2-1census, by appointment by the committee of county officers
2designated to fill the vacancy in section 69.8.
3 Sec. 7. Section 69.14A, subsection 1, paragraph b,
4unnumbered paragraph 1, Code 2024, is amended to read as
5follows:
6By If the population of the county is one hundred twenty-
7five thousand or more based on the most recent federal
8decennial census, by special election held to fill the office
9for the remaining balance of the unexpired term.
10 Sec. 8. Section 331.201, subsection 3, Code 2024, is amended
11to read as follows:
123. The office of supervisor is an elective office except
13that if a vacancy occurs on the board, a successor may be
14appointed to the unexpired term as provided in section 69.14A,
15subsection 1, paragraph “a”, if the population of the county is
16less than one hundred twenty-five thousand based on the most
17recent federal decennial census.
18 Sec. 9. Section 331.214, subsection 2, paragraph c, Code
192024, is amended to read as follows:
20c. If the board declares a vacancy under this subsection and
21the remaining balance of the supervisor’s unexpired term is two
22and one-half years or more, a special election shall be held to
23fill the office as provided in section 69.14A, subsection 1,
24paragraph “c”, if the population of the county is one hundred
25twenty-five thousand or more based on the most recent federal
26decennial census. However, if the population of the county is
27less than one hundred twenty-five thousand based on the most
28recent federal decennial census, an appointment shall be made
29to fill the office as provided in section 69.14A, subsection
301, paragraph “a”.
31DIVISION III
32EFFECTIVE DATE
33 Sec. 10. EFFECTIVE DATE. This Act, being deemed of
34immediate importance, takes effect upon enactment.
35EXPLANATION
-3-1The 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
7125,000 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 125,000 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 — COUNTY SUPERVISOR VACANCIES. This division
20requires vacancies on the board of supervisors to be filled
21by special election in a county with a population of 125,000
22or more. Current law allows for vacancies to be filled by
23appointment under certain circumstances. The bill requires
24vacancies to be filled by appointment in a county with a
25population of less than 125,000 in accordance with current law,
26including a vacancy that is treated as a resignation due to the
27physical or mental status of a supervisor.
28DIVISION III — EFFECTIVE DATE. The bill takes effect upon
29enactment.
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