Read the full stored bill text
House
File
510
-
Introduced
HOUSE
FILE
510
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
HF
157)
A
BILL
FOR
An
Act
relating
to
petitions
for
special
elections
to
fill
1
vacancies
in
city
offices.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1946HV
(2)
91
ss/ns
H.F.
510
Section
1.
Section
372.13,
subsection
2,
paragraph
a,
1
subparagraph
(2),
unnumbered
paragraph
1,
Code
2025,
is
amended
2
to
read
as
follows:
3
If
the
council
chooses
to
proceed
under
this
paragraph,
4
it
shall
publish
notice
in
the
manner
prescribed
by
section
5
362.3
,
stating
that
the
council
intends
to
fill
the
vacancy
6
by
appointment
but
that
the
electors
of
the
city
or
ward,
as
7
the
case
may
be,
have
the
right
to
file
a
petition
requiring
8
that
the
vacancy
be
filled
by
a
special
election.
The
council
9
may
publish
notice
in
advance
if
an
elected
official
submits
10
a
resignation
to
take
effect
at
a
future
date.
The
council
11
may
make
an
appointment
to
fill
the
vacancy
after
the
notice
12
is
published
or
after
the
vacancy
occurs,
whichever
is
later.
13
However,
if
within
fourteen
days
after
publication
of
the
14
notice
or
within
fourteen
days
after
the
appointment
is
made,
15
there
is
filed
with
the
city
clerk
a
petition
which
requests
a
16
special
election
to
fill
the
vacancy,
an
appointment
to
fill
17
the
vacancy
is
temporary
and
the
council
shall
call
a
special
18
election
to
fill
the
vacancy
permanently,
under
paragraph
“b”
,
19
unless
the
council
successfully
challenges
the
petition
for
a
20
special
election
as
provided
in
subsection
12
.
The
number
of
21
signatures
of
eligible
electors
of
a
city
for
a
valid
petition
22
shall
be
determined
as
follows:
23
Sec.
2.
Section
372.13,
Code
2025,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
12.
A
council
that
receives
a
petition
for
26
a
special
election
to
fill
a
vacancy
pursuant
to
subsection
27
2,
paragraph
“a”
,
subparagraph
(2),
may
file
a
challenge
to
28
the
petition
in
the
district
court
of
the
county
in
which
the
29
city
is
located
within
ten
days
of
receipt
of
the
petition
if
30
the
remaining
balance
of
the
unexpired
term
is
less
than
one
31
year.
If
the
district
court
finds
by
a
preponderance
of
the
32
evidence
that
the
conduct
of
a
special
election
to
fill
the
33
vacancy
would
be
unduly
financially
burdensome
for
the
city,
34
a
special
election
to
fill
the
vacancy
shall
not
be
called
35
-1-
LSB
1946HV
(2)
91
ss/ns
1/
2
H.F.
510
and
the
vacancy
shall
be
filled
by
appointment.
The
district
1
court
shall
render
a
decision
within
ten
days
of
receipt
of
a
2
challenge
filed
pursuant
to
this
subsection.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
petitions
for
special
elections
to
fill
7
vacancies
in
elective
city
offices.
If
a
city
council
chooses
8
to
fill
a
vacancy
in
an
elective
city
office
by
appointment
9
and
eligible
electors
of
the
city
file
a
petition
to
fill
10
the
vacancy
by
election,
the
bill
allows
the
city
council
to
11
challenge
the
petition
in
district
court
if
the
remaining
12
balance
of
the
unexpired
term
is
less
than
one
year.
If
the
13
district
court
finds
by
a
preponderance
of
the
evidence
that
a
14
special
election
would
be
unduly
financially
burdensome
for
the
15
city,
a
special
election
shall
not
be
called
and
the
vacancy
16
shall
be
filled
by
appointment.
17
-2-
LSB
1946HV
(2)
91
ss/ns
2/
2