Read the full stored bill text
House
File
2520
-
Introduced
HOUSE
FILE
2520
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
HSB
639)
A
BILL
FOR
An
Act
relating
to
elections
to
fill
vacancies
in
elective
1
county
and
city
offices.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5734HV
(1)
91
ss/ns
H.F.
2520
Section
1.
Section
69.14A,
subsection
1,
paragraph
a,
1
subparagraphs
(1)
and
(2),
Code
2026,
are
amended
to
read
as
2
follows:
3
(1)
The
appointment
shall
be
for
the
period
until
the
4
next
pending
election
,
as
defined
in
section
69.12
,
and
shall
5
be
made
within
forty
days
after
the
vacancy
occurs.
If
the
6
committee
of
county
officers
designated
to
fill
the
vacancy
7
chooses
to
proceed
under
this
paragraph,
the
committee
shall
8
publish
notice
in
the
manner
prescribed
by
section
331.305
9
stating
that
the
committee
intends
to
fill
the
vacancy
by
10
appointment
but
that
the
electors
of
the
district
or
county,
11
as
the
case
may
be,
have
the
right
to
file
a
petition
requiring
12
that
the
vacancy
be
filled
by
special
election
if
the
remaining
13
balance
of
the
unexpired
term
is
at
least
six
months
.
The
14
committee
may
publish
notice
in
advance
if
an
elected
official
15
submits
a
resignation
to
take
effect
at
a
future
date.
The
16
committee
may
make
an
appointment
to
fill
the
vacancy
after
the
17
notice
is
published
or
after
the
vacancy
occurs,
whichever
is
18
later.
A
person
appointed
to
an
office
under
this
subsection
19
shall
have
actually
resided
in
the
county
which
the
appointee
20
represents
sixty
days
prior
to
appointment.
21
(2)
However,
if
within
fourteen
days
after
publication
of
22
the
notice
or
within
fourteen
days
after
the
appointment
is
23
made,
a
petition
is
filed
with
the
county
auditor
requesting
a
24
special
election
to
fill
the
vacancy
and
the
remaining
balance
25
of
the
unexpired
term
is
at
least
six
months
,
the
appointment
26
is
temporary
and
a
special
election
shall
be
called
as
provided
27
in
paragraph
“b”
.
The
petition
shall
meet
the
requirements
of
28
section
331.306
,
except
that
in
counties
where
supervisors
are
29
elected
under
plan
“three”,
the
number
of
signatures
calculated
30
according
to
the
formula
in
section
331.306
shall
be
divided
by
31
the
number
of
supervisor
districts
in
the
county.
32
Sec.
2.
Section
69.14A,
subsection
2,
paragraph
a,
33
subparagraphs
(1)
and
(2),
Code
2026,
are
amended
to
read
as
34
follows:
35
-1-
LSB
5734HV
(1)
91
ss/ns
1/
5
H.F.
2520
(1)
The
appointment
shall
be
for
the
period
until
the
next
1
general
election,
and
shall
be
made
within
forty
days
after
2
the
vacancy
occurs.
If
the
board
of
supervisors
chooses
to
3
proceed
under
this
paragraph,
the
board
shall
publish
notice
4
in
the
manner
prescribed
by
section
331.305
stating
that
the
5
board
intends
to
fill
the
vacancy
by
appointment
but
that
6
the
electors
of
the
county
have
the
right
to
file
a
petition
7
requiring
that
the
vacancy
be
filled
by
special
election
if
the
8
remaining
balance
of
the
unexpired
term
is
at
least
six
months
.
9
The
board
may
publish
notice
in
advance
if
an
elected
official
10
submits
a
resignation
to
take
effect
at
a
future
date.
The
11
board
may
make
an
appointment
to
fill
the
vacancy
after
the
12
notice
is
published
or
after
the
vacancy
occurs,
whichever
is
13
later.
A
person
appointed
to
an
office
under
this
subsection
,
14
except
for
a
county
attorney,
shall
have
actually
resided
in
15
the
county
which
the
appointee
represents
sixty
days
prior
16
to
appointment.
A
person
appointed
to
the
office
of
county
17
attorney
shall
be
a
resident
of
the
county
at
the
time
of
18
appointment.
19
(2)
However,
if
within
fourteen
days
after
the
appointment
20
is
made,
a
petition
is
circulated
and
filed
with
the
county
21
auditor
requesting
a
special
election
to
fill
the
vacancy
and
22
the
remaining
balance
of
the
unexpired
term
is
at
least
six
23
months
,
the
appointment
is
temporary
and
a
special
election
24
shall
be
called
as
provided
in
paragraph
“b”
.
The
petition
25
shall
meet
the
requirements
of
section
331.306
.
A
signature
26
shall
not
be
considered
valid
if
the
signature
is
dated
prior
27
to
the
date
on
which
the
appointment
was
made.
28
Sec.
3.
NEW
SECTION
.
69.14B
Anticipated
vacancy
——
29
election.
30
1.
Upon
the
receipt
of
a
written
affirmation
more
than
31
seventy-three
days
before
the
next
general
election
that
a
32
supervisor
or
county
officer
listed
in
section
39.17
intends
33
to
resign
after
the
next
general
election
but
before
the
34
expiration
of
the
supervisor’s
or
county
officer’s
term
of
35
-2-
LSB
5734HV
(1)
91
ss/ns
2/
5
H.F.
2520
office,
the
board
of
supervisors
shall,
by
a
majority
vote,
1
declare
that
a
vacancy
exists
in
the
office
as
of
the
date
2
contained
in
the
affirmation
and
the
office
shall
appear
on
the
3
ballot
at
the
next
general
election.
4
2.
The
office
to
be
filled
at
a
general
election
pursuant
5
to
subsection
1
shall
be
listed
on
the
ballot
with
the
name
of
6
the
office
and
the
additional
description,
“To
Fill
Vacancy”.
7
The
person
elected
at
the
general
election
shall
assume
office
8
as
of
the
date
of
the
vacancy,
as
declared
by
the
board,
and
9
after
a
certificate
of
election
is
issued
and
the
person
has
10
qualified
by
taking
the
oath
of
office,
and
shall
serve
the
11
balance
of
the
unexpired
term.
12
Sec.
4.
Section
372.13,
subsection
2,
paragraph
a,
13
subparagraph
(2),
unnumbered
paragraph
1,
Code
2026,
is
amended
14
to
read
as
follows:
15
If
the
council
chooses
to
proceed
under
this
paragraph,
16
it
shall
publish
notice
in
the
manner
prescribed
by
section
17
362.3
,
stating
that
the
council
intends
to
fill
the
vacancy
by
18
appointment
but
that
the
electors
of
the
city
or
ward,
as
the
19
case
may
be,
have
the
right
to
file
a
petition
requiring
that
20
the
vacancy
be
filled
by
a
special
election
if
the
remaining
21
balance
of
the
unexpired
term
is
at
least
six
months
.
The
22
council
may
publish
notice
in
advance
if
an
elected
official
23
submits
a
resignation
to
take
effect
at
a
future
date.
The
24
council
may
make
an
appointment
to
fill
the
vacancy
after
the
25
notice
is
published
or
after
the
vacancy
occurs,
whichever
is
26
later.
However,
if
within
fourteen
days
after
publication
27
of
the
notice
or
within
fourteen
days
after
the
appointment
28
is
made,
there
is
filed
with
the
city
clerk
a
petition
which
29
requests
a
special
election
to
fill
the
vacancy
and
the
30
remaining
balance
of
the
unexpired
term
is
at
least
six
months
,
31
an
appointment
to
fill
the
vacancy
is
temporary
and
the
council
32
shall
call
a
special
election
to
fill
the
vacancy
permanently,
33
under
paragraph
“b”
.
The
number
of
signatures
of
eligible
34
electors
of
a
city
for
a
valid
petition
shall
be
determined
as
35
-3-
LSB
5734HV
(1)
91
ss/ns
3/
5
H.F.
2520
follows:
1
Sec.
5.
NEW
SECTION
.
372.13B
Anticipated
vacancy
——
2
election.
3
1.
Upon
the
receipt
of
a
written
affirmation
more
than
4
seventy-three
days
before
the
next
general
election
that
an
5
elected
city
officer
intends
to
resign
after
the
next
general
6
election
but
before
the
expiration
of
the
officer’s
term
of
7
office,
the
council
shall,
by
a
majority
vote,
declare
that
a
8
vacancy
exists
in
the
office
as
of
the
date
contained
in
the
9
affirmation
and
the
office
shall
appear
on
the
ballot
at
the
10
next
general
election.
11
2.
The
office
to
be
filled
at
a
general
election
pursuant
12
to
subsection
1
shall
be
listed
on
the
ballot
with
the
name
of
13
the
office
and
the
additional
description,
“To
Fill
Vacancy”.
14
The
person
elected
at
the
general
election
shall
assume
office
15
as
of
the
date
of
the
vacancy,
as
declared
by
the
council,
and
16
after
a
certificate
of
election
is
issued
and
the
person
has
17
qualified
by
taking
the
oath
of
office,
and
shall
serve
the
18
balance
of
the
unexpired
term.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
vacancies
in
elected
county
and
city
23
offices.
If
a
county
board
of
supervisors
or
city
council
24
chooses
to
fill
a
vacancy
in
an
elective
office
by
appointment,
25
the
bill
allows
eligible
electors
of
a
county
or
city
to
submit
26
a
petition
to
fill
the
vacancy
by
a
special
election
only
if
27
the
remaining
balance
of
the
unexpired
term
is
at
least
six
28
months.
29
The
bill
requires
a
county
board
of
supervisors
or
city
30
council
that
receives
a
written
affirmation
more
than
73
days
31
before
the
next
general
election
that
an
elected
officer
32
intends
to
resign
after
the
next
general
election
but
before
33
the
expiration
of
the
officer’s
term
of
office
to,
by
majority
34
vote,
declare
that
the
office
is
vacant
as
of
the
date
35
-4-
LSB
5734HV
(1)
91
ss/ns
4/
5
H.F.
2520
contained
in
the
affirmation.
The
office
will
then
appear
on
1
the
ballot
at
the
next
general
election
with
the
description,
2
“To
Fill
Vacancy”.
The
person
elected
at
the
general
election
3
will
assume
office
as
of
the
date
of
the
vacancy
and
after
a
4
certificate
of
election
is
issued
and
the
person
has
qualified
5
by
taking
the
oath
of
office,
and
shall
serve
the
balance
of
6
the
unexpired
term.
7
-5-
LSB
5734HV
(1)
91
ss/ns
5/
5