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House
File
127
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Introduced
HOUSE
FILE
127
BY
BARKER
,
LAWLER
,
BEHN
,
LATHAM
,
HORA
,
WULF
,
GUSTOFF
,
KAUFMANN
,
HARRIS
,
SORENSEN
,
and
FETT
A
BILL
FOR
An
Act
relating
to
county
supervisors,
concerning
county
1
supervisor
representation
plans
and
county
supervisor
2
vacancies,
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1537YH
(5)
91
th/ns
H.F.
127
DIVISION
I
1
PLAN
“THREE”
COUNTY
SUPERVISOR
REPRESENTATION
PLANS
AND
SPECIAL
2
ELECTIONS
3
Section
1.
Section
331.206,
subsection
2,
paragraph
a,
Code
4
2025,
is
amended
to
read
as
follows:
5
a.
The
plan
used
under
subsection
1
shall
be
selected
by
the
6
board
or
by
a
special
election
as
provided
in
section
331.207
.
7
A
plan
selected
by
the
board
shall
remain
in
effect
for
at
8
least
six
years
and
shall
only
be
changed
by
a
special
election
9
as
provided
in
section
331.207
.
However,
a
county
with
either
10
a
population
of
one
hundred
twenty-five
thousand
or
more
based
11
on
the
most
recent
federal
decennial
census
or
the
main
campus
12
of
an
institution
of
higher
learning
governed
by
the
state
13
board
of
regents
shall
use
plan
“three”
for
the
election
of
14
supervisors.
15
Sec.
2.
Section
331.207,
subsections
2
and
5,
Code
2025,
are
16
amended
to
read
as
follows:
17
2.
The
petition
shall
be
filed
with
the
county
commissioner
18
by
June
1
of
an
odd-numbered
year,
subject
to
subsection
6
7
.
19
The
special
election
shall
be
held
on
the
first
Tuesday
after
20
the
first
Monday
in
August
November
of
the
odd-numbered
year.
21
Notice
of
the
special
election
shall
be
published
once
each
22
week
for
three
successive
weeks
in
an
official
newspaper
of
the
23
county,
shall
state
the
representation
plans
to
be
submitted
to
24
the
electors,
and
shall
state
the
date
of
the
special
election.
25
The
last
in
the
series
of
publications
shall
occur
not
less
26
than
four
nor
more
than
twenty
days
before
the
election.
27
5.
If
the
plan
adopted
by
a
plurality
of
the
ballots
cast
28
in
the
special
election
represents
a
change
from
plan
“one”
to
29
plan
“two”
or
“three”,
or
from
plan
“two”
to
plan
“three”,
as
30
each
plan
is
defined
in
section
331.206
,
the
temporary
county
31
redistricting
commission
shall
divide
the
county
into
districts
32
as
provided
in
sections
331.209
and
331.210
.
The
plan
shall
33
be
completed
not
later
than
November
1
December
31
following
34
the
special
election
and
shall
be
submitted
to
the
state
35
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127
commissioner
of
elections.
The
plan
shall
become
effective
the
1
following
January
1.
2
Sec.
3.
Section
331.207,
subsection
6,
Code
2025,
is
amended
3
by
striking
the
subsection.
4
Sec.
4.
TRANSITION
PROVISION.
5
1.
Notwithstanding
any
provision
of
law
to
the
contrary,
6
a
county
with
either
a
population
of
one
hundred
twenty-five
7
thousand
or
more
based
on
the
most
recent
federal
decennial
8
census
or
the
main
campus
of
an
institution
of
higher
learning
9
governed
by
the
state
board
of
regents
that
does
not
use
10
plan
“three”
for
the
election
of
supervisors,
as
defined
in
11
section
331.206,
as
of
the
effective
date
of
this
Act,
shall
12
elect
supervisors
using
plan
“three”
during
the
2026
general
13
election,
using
a
representation
plan
drawn
pursuant
to
section
14
331.210A,
subsection
2,
paragraph
“f”,
and
the
requirements
of
15
this
section.
16
2.
A
county
required
to
use
a
representation
plan
as
17
provided
in
this
section
shall
establish
a
temporary
county
18
redistricting
commission
by
the
later
of
thirty
days
after
the
19
effective
date
of
this
Act
or
May
15,
2025,
and
shall
complete
20
a
precinct
plan,
in
conformity
with
the
requirements
of
21
sections
331.209
and
331.210A,
no
later
than
October
1,
2025.
22
The
precinct
plan
shall
be
submitted
to
the
state
commissioner
23
of
elections
and
the
legislative
services
agency
shall
draw
and
24
publish
the
representation
plan
by
January
1,
2026.
25
DIVISION
II
26
COUNTY
SUPERVISOR
VACANCIES
27
Sec.
5.
Section
43.6,
subsection
2,
Code
2025,
is
amended
28
to
read
as
follows:
29
2.
When
a
vacancy
occurs
in
the
office
of
county
supervisor
30
or
any
of
the
offices
listed
in
section
39.17
and
more
than
31
seventy
days
remain
in
the
term
of
office
following
the
next
32
general
election,
the
office
shall
be
filled
for
the
balance
33
of
the
unexpired
term
at
that
general
election
unless
the
34
vacancy
has
been
filled
by
a
special
election
called
more
35
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than
seventy-three
days
before
the
primary
election.
If
1
the
vacancy
occurs
more
than
seventy-three
days
before
the
2
primary
election,
political
party
candidates
for
that
office
3
at
the
next
general
election
shall
be
nominated
at
the
primary
4
election.
If
an
appointment
to
fill
the
vacancy
in
office
is
5
made
in
accordance
with
section
69.14A,
subsection
1,
paragraph
6
“a”
,
eighty-eight
or
more
days
before
the
primary
election
and
7
a
petition
requesting
a
special
election
has
not
been
received
8
within
fourteen
days
after
the
appointment
is
made,
candidates
9
for
the
office
shall
be
nominated
at
the
primary
election.
10
Sec.
6.
Section
69.14A,
subsection
1,
paragraph
a,
11
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
12
follows:
13
By
If
the
population
of
the
county
is
less
than
one
hundred
14
twenty-five
thousand
based
on
the
most
recent
federal
decennial
15
census
and
if
the
county
does
not
include
the
main
campus
of
16
an
institution
of
higher
learning
governed
by
the
state
board
17
of
regents,
by
appointment
by
the
committee
of
county
officers
18
designated
to
fill
the
vacancy
in
section
69.8
.
19
Sec.
7.
Section
69.14A,
subsection
1,
paragraph
b,
20
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
21
follows:
22
By
If
the
population
of
the
county
is
one
hundred
23
twenty-five
thousand
or
more
based
on
the
most
recent
federal
24
decennial
census
or
the
county
includes
the
main
campus
of
an
25
institution
of
higher
learning
governed
by
the
state
board
of
26
regents,
by
special
election
held
to
fill
the
office
for
the
27
remaining
balance
of
the
unexpired
term.
28
Sec.
8.
Section
331.201,
subsection
3,
Code
2025,
is
amended
29
to
read
as
follows:
30
3.
The
office
of
supervisor
is
an
elective
office
except
31
that
if
a
vacancy
occurs
on
the
board,
a
successor
may
be
32
appointed
to
the
unexpired
term
as
provided
in
section
69.14A
,
33
subsection
1,
paragraph
“a”
,
if
the
population
of
the
county
is
34
less
than
one
hundred
twenty-five
thousand
based
on
the
most
35
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recent
federal
decennial
census
and
if
the
county
does
not
1
include
the
main
campus
of
an
institution
of
higher
learning
2
governed
by
the
state
board
of
regents
.
3
Sec.
9.
Section
331.214,
subsection
2,
paragraph
c,
Code
4
2025,
is
amended
to
read
as
follows:
5
c.
If
the
board
declares
a
vacancy
under
this
subsection
and
6
the
remaining
balance
of
the
supervisor’s
unexpired
term
is
two
7
and
one-half
years
or
more,
a
special
election
shall
be
held
to
8
fill
the
office
as
provided
in
section
69.14A,
subsection
1
,
9
paragraph
“c”
,
if
the
population
of
the
county
is
one
hundred
10
twenty-five
thousand
or
more
based
on
the
most
recent
federal
11
decennial
census
or
the
county
includes
the
main
campus
of
an
12
institution
of
higher
learning
governed
by
the
state
board
of
13
regents
.
However,
if
the
population
of
the
county
is
less
14
than
one
hundred
twenty-five
thousand
based
on
the
most
recent
15
federal
decennial
census
and
if
the
county
does
not
include
the
16
main
campus
of
an
institution
of
higher
learning
governed
by
17
the
state
board
of
regents,
an
appointment
shall
be
made
to
18
fill
the
office
as
provided
in
section
69.14A,
subsection
1,
19
paragraph
“a”
.
20
DIVISION
III
21
EFFECTIVE
DATE
22
Sec.
10.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
23
immediate
importance,
takes
effect
upon
enactment.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
concerns
county
supervisor
representation
plans
28
and
county
supervisor
vacancies.
29
DIVISION
I
——
PLAN
“THREE”
COUNTY
SUPERVISOR
REPRESENTATION
30
PLANS
AND
SPECIAL
ELECTIONS.
The
bill
requires
a
county
with
31
either
a
population
of
125,000
or
more
based
on
the
most
recent
32
federal
decennial
census
or
the
main
campus
of
an
institution
33
of
higher
learning
governed
by
the
state
board
of
regents
34
to
use
plan
“three”
for
the
election
of
county
supervisors.
35
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6
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Plan
“three”
requires
individual
members
of
the
board
of
1
supervisors
for
that
county
to
be
elected
from
single-member,
2
equal-population
districts.
The
bill
provides
that
such
3
counties
that
do
not
use
plan
“three”
for
the
election
of
4
supervisors
as
of
the
effective
date
of
the
bill
must
submit
5
a
precinct
plan
to
the
state
commissioner
of
elections
by
6
October
1.
The
legislative
services
agency
must
draw
the
7
representation
plan,
in
conformity
with
the
provisions
of
8
law
governing
the
adoption
of
a
plan
“three”
representation
9
plan,
for
use
by
such
counties
to
elect
supervisors
under
plan
10
“three”
during
the
2026
general
election.
11
The
bill
requires
special
elections
for
the
purpose
of
12
selecting
a
supervisor
representation
plan
to
be
held
on
the
13
first
Tuesday
after
the
first
Monday
in
November,
rather
than
14
the
first
Tuesday
in
August.
In
accordance
with
Code
section
15
39.2
(special
elections),
a
special
election
may
be
held
on
16
the
same
day
as
a
regularly
scheduled
election.
The
bill
also
17
requires
a
new
representation
plan,
if
a
plan
“two”
or
“three”
18
is
approved
at
the
special
election,
to
be
completed
not
later
19
than
December
31,
rather
than
November
1.
Such
a
plan
will
20
still
take
effect
the
following
January
1.
21
The
bill
fixes
an
internal
subsection
reference
that
22
was
inadvertently
not
updated
when
Code
section
331.207
was
23
renumbered
for
the
2019
Code.
24
DIVISION
II
——
COUNTY
SUPERVISOR
VACANCIES.
The
bill
25
requires
vacancies
on
the
board
of
supervisors
to
be
filled
26
by
special
election
in
a
county
with
either
a
population
of
27
125,000
or
more
or
the
main
campus
of
an
institution
of
higher
28
learning
governed
by
the
state
board
of
regents.
Current
29
law
allows
for
vacancies
to
be
filled
by
appointment
under
30
certain
circumstances.
The
bill
requires
vacancies
to
be
31
filled
by
appointment
in
a
county
with
a
population
of
less
32
than
125,000
that
does
not
include
an
institution
of
higher
33
learning
governed
by
the
state
board
of
regents
in
accordance
34
with
current
law,
including
a
vacancy
that
is
treated
as
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a
resignation
due
to
the
physical
or
mental
status
of
a
1
supervisor.
2
DIVISION
III
——
EFFECTIVE
DATE.
The
bill
takes
effect
upon
3
enactment.
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6/
6