Read the full stored bill text
House
File
786
-
Introduced
HOUSE
FILE
786
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HF
127)
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
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1537HV
(3)
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786
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
the
10
main
campus
of
an
institution
of
higher
learning
governed
by
11
the
state
board
of
regents
shall
use
plan
“three”
for
the
12
election
of
supervisors.
13
Sec.
2.
Section
331.207,
subsections
2,
5,
and
6,
Code
2025,
14
are
amended
to
read
as
follows:
15
2.
The
petition
shall
be
filed
with
the
county
commissioner
16
by
June
1
of
an
odd-numbered
year,
subject
to
subsection
6
7
.
17
The
special
election
shall
be
held
on
the
first
Tuesday
after
18
the
first
Monday
in
August
November
of
the
odd-numbered
year.
19
Notice
of
the
special
election
shall
be
published
once
each
20
week
for
three
successive
weeks
in
an
official
newspaper
of
the
21
county,
shall
state
the
representation
plans
to
be
submitted
to
22
the
electors,
and
shall
state
the
date
of
the
special
election.
23
The
last
in
the
series
of
publications
shall
occur
not
less
24
than
four
nor
more
than
twenty
days
before
the
election.
25
5.
If
the
plan
adopted
by
a
plurality
of
the
ballots
cast
26
in
the
special
election
represents
a
change
from
plan
“one”
to
27
plan
“two”
or
“three”,
or
from
plan
“two”
to
plan
“three”,
as
28
each
plan
is
defined
in
section
331.206
,
the
temporary
county
29
redistricting
commission
shall
divide
the
county
into
districts
30
as
provided
in
sections
331.209
and
331.210
.
The
plan
shall
31
be
completed
not
later
than
November
1
December
31
following
32
the
special
election
and
shall
be
submitted
to
the
state
33
commissioner
of
elections.
The
plan
shall
become
effective
the
34
following
January
1.
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6.
Notwithstanding
any
provision
of
this
section
to
the
1
contrary,
a
county
with
a
population
of
sixty
thousand
or
2
more
based
on
the
most
recent
federal
decennial
census
that
3
elects
supervisors
under
plan
“three”
shall
not
change
from
4
plan
“three”
to
plan
“one”
or
plan
“two”
pursuant
to
a
special
5
election
under
this
section
unless
a
plan
“one”
or
plan
“two”
6
representation
plan
is
adopted
by
a
two-thirds
vote
of
the
7
ballots
cast
in
the
special
election.
This
subsection
does
not
8
apply
to
a
county
with
the
main
campus
of
an
institution
of
9
higher
learning
governed
by
the
state
board
of
regents
required
10
to
use
plan
“three”
under
section
331.206,
subsection
2.
11
Sec.
3.
TRANSITION
PROVISION.
12
1.
Notwithstanding
any
provision
of
law
to
the
contrary,
13
a
county
with
the
main
campus
of
an
institution
of
higher
14
learning
governed
by
the
state
board
of
regents
that
does
not
15
use
plan
“three”
for
the
election
of
supervisors,
as
defined
in
16
section
331.206,
as
of
the
effective
date
of
this
Act,
shall
17
elect
supervisors
using
plan
“three”
during
the
2026
general
18
election,
using
a
representation
plan
drawn
pursuant
to
section
19
331.210A,
subsection
2,
paragraph
“f”,
and
the
requirements
of
20
this
section.
21
2.
A
county
required
to
use
a
representation
plan
as
22
provided
in
this
section
shall
establish
a
temporary
county
23
redistricting
commission
by
the
later
of
thirty
days
after
the
24
effective
date
of
this
Act
or
May
15,
2025,
and
shall
complete
25
a
precinct
plan,
in
conformity
with
the
requirements
of
26
sections
331.209
and
331.210A,
no
later
than
October
1,
2025.
27
The
precinct
plan
shall
be
submitted
to
the
state
commissioner
28
of
elections
and
the
legislative
services
agency
shall
draw
and
29
publish
the
representation
plan
by
January
1,
2026.
30
DIVISION
II
31
COUNTY
SUPERVISOR
VACANCIES
32
Sec.
4.
Section
43.6,
subsection
2,
Code
2025,
is
amended
33
to
read
as
follows:
34
2.
When
a
vacancy
occurs
in
the
office
of
county
supervisor
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or
any
of
the
offices
listed
in
section
39.17
and
more
than
1
seventy
days
remain
in
the
term
of
office
following
the
next
2
general
election,
the
office
shall
be
filled
for
the
balance
3
of
the
unexpired
term
at
that
general
election
unless
the
4
vacancy
has
been
filled
by
a
special
election
called
more
5
than
seventy-three
days
before
the
primary
election.
If
6
the
vacancy
occurs
more
than
seventy-three
days
before
the
7
primary
election,
political
party
candidates
for
that
office
8
at
the
next
general
election
shall
be
nominated
at
the
primary
9
election.
If
an
appointment
to
fill
the
vacancy
in
office
is
10
made
in
accordance
with
section
69.14A,
subsection
1,
paragraph
11
“a”
,
eighty-eight
or
more
days
before
the
primary
election
and
12
a
petition
requesting
a
special
election
has
not
been
received
13
within
fourteen
days
after
the
appointment
is
made,
candidates
14
for
the
office
shall
be
nominated
at
the
primary
election.
15
Sec.
5.
Section
69.14A,
subsection
1,
paragraph
a,
16
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
17
follows:
18
By
If
the
population
of
the
county
is
less
than
one
hundred
19
twenty-five
thousand
based
on
the
most
recent
federal
decennial
20
census
and
if
the
county
does
not
include
the
main
campus
of
21
an
institution
of
higher
learning
governed
by
the
state
board
22
of
regents,
by
appointment
by
the
committee
of
county
officers
23
designated
to
fill
the
vacancy
in
section
69.8
.
24
Sec.
6.
Section
69.14A,
subsection
1,
paragraph
b,
25
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
26
follows:
27
By
If
the
population
of
the
county
is
one
hundred
28
twenty-five
thousand
or
more
based
on
the
most
recent
federal
29
decennial
census
or
the
county
includes
the
main
campus
of
an
30
institution
of
higher
learning
governed
by
the
state
board
of
31
regents,
by
special
election
held
to
fill
the
office
for
the
32
remaining
balance
of
the
unexpired
term.
33
Sec.
7.
Section
331.201,
subsection
3,
Code
2025,
is
amended
34
to
read
as
follows:
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3.
The
office
of
supervisor
is
an
elective
office
except
1
that
if
a
vacancy
occurs
on
the
board,
a
successor
may
be
2
appointed
to
the
unexpired
term
as
provided
in
section
69.14A
,
3
subsection
1,
paragraph
“a”
,
if
the
population
of
the
county
is
4
less
than
one
hundred
twenty-five
thousand
based
on
the
most
5
recent
federal
decennial
census
and
if
the
county
does
not
6
include
the
main
campus
of
an
institution
of
higher
learning
7
governed
by
the
state
board
of
regents
.
8
Sec.
8.
Section
331.214,
subsection
2,
paragraph
c,
Code
9
2025,
is
amended
to
read
as
follows:
10
c.
If
the
board
declares
a
vacancy
under
this
subsection
and
11
the
remaining
balance
of
the
supervisor’s
unexpired
term
is
two
12
and
one-half
years
or
more,
a
special
election
shall
be
held
to
13
fill
the
office
as
provided
in
section
69.14A,
subsection
1
,
14
paragraph
“c”
,
if
the
population
of
the
county
is
one
hundred
15
twenty-five
thousand
or
more
based
on
the
most
recent
federal
16
decennial
census
or
the
county
includes
the
main
campus
of
an
17
institution
of
higher
learning
governed
by
the
state
board
of
18
regents
.
However,
if
the
population
of
the
county
is
less
19
than
one
hundred
twenty-five
thousand
based
on
the
most
recent
20
federal
decennial
census
and
if
the
county
does
not
include
the
21
main
campus
of
an
institution
of
higher
learning
governed
by
22
the
state
board
of
regents,
an
appointment
shall
be
made
to
23
fill
the
office
as
provided
in
section
69.14A,
subsection
1,
24
paragraph
“a”
.
25
DIVISION
III
26
EFFECTIVE
DATE
27
Sec.
9.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
28
importance,
takes
effect
upon
enactment.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
concerns
county
supervisor
representation
plans
33
and
county
supervisor
vacancies.
34
DIVISION
I
——
PLAN
“THREE”
COUNTY
SUPERVISOR
REPRESENTATION
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PLANS
AND
SPECIAL
ELECTIONS.
The
bill
requires
a
county
1
with
the
main
campus
of
an
institution
of
higher
learning
2
governed
by
the
state
board
of
regents
to
use
plan
“three”
for
3
the
election
of
county
supervisors.
Plan
“three”
requires
4
individual
members
of
the
board
of
supervisors
for
that
county
5
to
be
elected
from
single-member,
equal-population
districts.
6
Current
law
prohibits
a
county
with
a
population
of
60,000
or
7
more
that
uses
plan
“three”
from
adopting
a
new
representation
8
plan,
unless
the
new
plan
is
approved
by
a
two-thirds
vote
of
9
the
ballots
cast
in
the
special
election.
The
bill
makes
this
10
provision
inapplicable
to
counties
with
the
main
campus
of
an
11
institution
of
higher
learning
governed
by
the
state
board
of
12
regents.
13
The
bill
requires
counties
with
the
main
campus
of
an
14
institution
of
higher
learning
governed
by
the
state
board
15
of
regents
that
do
not
use
plan
“three”
for
the
election
of
16
supervisors
as
of
the
effective
date
of
the
bill
to
submit
17
a
precinct
plan
to
the
state
commissioner
of
elections
by
18
October
1.
The
legislative
services
agency
must
draw
the
19
representation
plan,
in
conformity
with
the
provisions
of
20
law
governing
the
adoption
of
a
plan
“three”
representation
21
plan,
for
use
by
such
counties
to
elect
supervisors
under
plan
22
“three”
during
the
2026
general
election.
23
The
bill
requires
special
elections
for
the
purpose
of
24
selecting
a
supervisor
representation
plan
to
be
held
on
the
25
first
Tuesday
after
the
first
Monday
in
November,
rather
than
26
the
first
Tuesday
in
August.
In
accordance
with
Code
section
27
39.2
(special
elections),
a
special
election
may
be
held
on
28
the
same
day
as
a
regularly
scheduled
election.
The
bill
also
29
requires
a
new
representation
plan,
if
a
plan
“two”
or
“three”
30
is
approved
at
the
special
election,
to
be
completed
not
later
31
than
December
31,
rather
than
November
1.
Such
a
plan
will
32
still
take
effect
the
following
January
1.
33
The
bill
fixes
an
internal
subsection
reference
that
34
was
inadvertently
not
updated
when
Code
section
331.207
was
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renumbered
for
the
2019
Code.
1
DIVISION
II
——
COUNTY
SUPERVISOR
VACANCIES.
The
bill
2
requires
vacancies
on
the
board
of
supervisors
to
be
filled
3
by
special
election
in
a
county
with
either
a
population
of
4
125,000
or
more
or
the
main
campus
of
an
institution
of
higher
5
learning
governed
by
the
state
board
of
regents.
Current
law
6
allows
for
vacancies
to
be
filled
by
appointment
under
certain
7
circumstances.
The
bill
requires
vacancies
to
be
filled
by
8
appointment
in
a
county
with
a
population
of
less
than
125,000
9
that
does
not
include
the
main
campus
of
an
institution
of
10
higher
learning
governed
by
the
state
board
of
regents
in
11
accordance
with
current
law,
including
a
vacancy
that
is
12
treated
as
a
resignation
due
to
the
physical
or
mental
status
13
of
a
supervisor.
14
DIVISION
III
——
EFFECTIVE
DATE.
The
bill
takes
effect
upon
15
enactment.
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