Bill Text: IA HF2034 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to special elections to fill vacant city, county, and school board offices.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-05 - Subcommittee recommends amendment and passage. [HF2034 Detail]
Download: Iowa-2019-HF2034-Introduced.html
House
File
2034
-
Introduced
HOUSE
FILE
2034
BY
LOHSE
A
BILL
FOR
An
Act
relating
to
special
elections
to
fill
vacant
city,
1
county,
and
school
board
offices.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
69.14A,
subsection
1,
paragraph
a,
1
subparagraph
(1),
Code
2020,
is
amended
to
read
as
follows:
2
(1)
The
appointment
shall
be
for
the
period
until
the
next
3
pending
election
as
defined
in
section
69.12
,
unless
such
4
pending
election
shall
occur
within
ninety
days
of
a
general
5
election,
in
which
case
the
appointment
shall
be
for
the
period
6
until
the
next
general
election,
and
shall
be
made
within
forty
7
days
after
the
vacancy
occurs.
If
the
committee
of
county
8
officers
designated
to
fill
the
vacancy
chooses
to
proceed
9
under
this
paragraph,
the
committee
shall
publish
notice
in
10
the
manner
prescribed
by
section
331.305
stating
that
the
11
committee
intends
to
fill
the
vacancy
by
appointment
but
that
12
the
electors
of
the
district
or
county,
as
the
case
may
be,
13
have
the
right
to
file
a
petition
requiring
that
the
vacancy
be
14
filled
by
special
election.
The
committee
may
publish
notice
15
in
advance
if
an
elected
official
submits
a
resignation
to
take
16
effect
at
a
future
date.
The
committee
may
make
an
appointment
17
to
fill
the
vacancy
after
the
notice
is
published
or
after
the
18
vacancy
occurs,
whichever
is
later.
A
person
appointed
to
an
19
office
under
this
subsection
shall
have
actually
resided
in
20
the
county
which
the
appointee
represents
sixty
days
prior
to
21
appointment.
22
Sec.
2.
Section
69.14A,
subsection
1,
paragraph
b,
23
subparagraphs
(1)
and
(2),
Code
2020,
are
amended
to
read
as
24
follows:
25
(1)
The
committee
of
county
officers
designated
to
fill
the
26
vacancy
in
section
69.8
may,
on
its
own
motion,
or
shall,
upon
27
receipt
of
a
petition
as
provided
in
paragraph
“a”
,
call
for
a
28
special
election
to
fill
the
vacancy
in
lieu
of
appointment
,
29
except
that
a
special
election
shall
not
be
called
on
a
date
30
within
ninety
days
before
a
general
election
.
The
committee
31
shall
order
the
special
election
at
the
earliest
practicable
32
date,
but
giving
at
least
thirty-two
days’
notice
of
the
33
election.
A
special
election
called
under
this
section
shall
34
be
held
on
a
Tuesday
and
shall
not
be
held
on
the
same
day
as
a
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school
election
within
the
county.
1
(2)
However,
if
a
vacancy
on
the
board
of
supervisors
2
occurs
after
the
date
of
the
primary
election
and
more
less
3
than
seventy-three
ninety
days
before
the
general
election,
a
4
special
election
to
fill
the
vacancy
shall
not
be
called
by
the
5
committee
or
by
petition.
If
the
term
of
office
in
which
the
6
vacancy
exists
will
expire
more
than
seventy
days
after
the
7
general
election,
the
office
shall
be
listed
on
the
ballot,
as
8
“For
Board
of
Supervisors,
To
Fill
Vacancy”
“To
Fill
Vacancy”
.
9
The
person
elected
at
the
general
election
shall
assume
office
10
as
soon
as
a
certificate
of
election
is
issued
and
the
person
11
has
qualified
by
taking
the
oath
of
office.
The
person
shall
12
serve
the
balance
of
the
unexpired
term.
13
Sec.
3.
Section
69.14A,
subsection
2,
paragraph
a,
14
subparagraph
(1),
Code
2020,
is
amended
to
read
as
follows:
15
(1)
The
appointment
shall
be
for
the
period
until
the
16
next
pending
election
as
defined
in
section
69.12
,
unless
17
such
pending
election
shall
occur
within
ninety
days
of
a
18
general
election,
in
which
case
the
appointment
shall
be
for
19
the
period
until
the
next
general
election,
and
shall
be
made
20
within
forty
days
after
the
vacancy
occurs.
If
the
board
21
of
supervisors
chooses
to
proceed
under
this
paragraph,
the
22
board
shall
publish
notice
in
the
manner
prescribed
by
section
23
331.305
stating
that
the
board
intends
to
fill
the
vacancy
24
by
appointment
but
that
the
electors
of
the
county
have
the
25
right
to
file
a
petition
requiring
that
the
vacancy
be
filled
26
by
special
election.
The
board
may
publish
notice
in
advance
27
if
an
elected
official
submits
a
resignation
to
take
effect
28
at
a
future
date.
The
board
may
make
an
appointment
to
fill
29
the
vacancy
after
the
notice
is
published
or
after
the
vacancy
30
occurs,
whichever
is
later.
A
person
appointed
to
an
office
31
under
this
subsection
,
except
for
a
county
attorney,
shall
have
32
actually
resided
in
the
county
which
the
appointee
represents
33
sixty
days
prior
to
appointment.
A
person
appointed
to
the
34
office
of
county
attorney
shall
be
a
resident
of
the
county
at
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the
time
of
appointment.
1
Sec.
4.
Section
69.14A,
subsection
2,
paragraph
b,
2
subparagraphs
(1)
and
(2),
Code
2020,
are
amended
to
read
as
3
follows:
4
(1)
The
board
of
supervisors
may,
on
its
own
motion,
or
5
shall,
upon
receipt
of
a
petition
as
provided
in
paragraph
“a”
,
6
call
for
a
special
election
to
fill
the
vacancy
in
lieu
of
7
appointment
,
except
that
a
special
election
shall
not
be
called
8
on
a
date
within
ninety
days
before
a
general
election
.
The
9
supervisors
shall
order
the
special
election
at
the
earliest
10
practicable
date,
but
giving
at
least
thirty-two
days’
notice
11
of
the
election.
A
special
election
called
under
this
section
12
shall
be
held
on
a
Tuesday
and
shall
not
be
held
on
the
same
day
13
as
a
school
election
within
the
county.
14
(2)
If
a
vacancy
in
an
elective
county
office
occurs
15
after
the
date
of
the
primary
election
and
more
less
than
16
seventy-three
ninety
days
before
the
general
election,
a
17
special
election
to
fill
the
vacancy
shall
not
be
called
by
the
18
board
of
supervisors
or
by
petition.
If
the
term
of
office
19
in
which
the
vacancy
exists
will
expire
more
than
seventy
20
days
after
the
general
election,
the
office
shall
be
listed
21
on
the
ballot
with
the
name
of
the
office
and
the
additional
22
description,
“To
Fill
Vacancy”.
The
person
elected
at
the
23
general
election
shall
assume
office
as
soon
as
a
certificate
24
of
election
is
issued
and
the
person
has
qualified
by
taking
25
the
oath
of
office.
The
person
shall
serve
the
balance
of
the
26
unexpired
term.
27
Sec.
5.
Section
279.7,
subsection
1,
Code
2020,
is
amended
28
to
read
as
follows:
29
1.
If
a
vacancy
or
vacancies
occur
among
the
elective
30
officers
or
members
of
a
school
board
and
the
remaining
members
31
of
the
board
have
not
filled
the
vacancy
within
thirty
days
32
after
the
vacancy
occurs
or
if
a
valid
petition
is
submitted
33
to
the
secretary
of
the
board
pursuant
to
section
279.6,
34
subsection
1
,
or
when
the
board
is
reduced
below
a
quorum,
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the
secretary
of
the
board,
or
if
there
is
no
secretary,
the
1
area
education
agency
administrator,
shall
call
a
special
2
election
in
the
district,
subdistrict,
or
subdistricts,
as
the
3
case
may
be,
to
fill
the
vacancy
or
vacancies.
The
county
4
commissioner
of
elections
shall
publish
the
notices
required
5
by
law
for
special
elections,
and
the
election
shall
be
held
6
not
sooner
than
thirty
days
nor
later
than
forty
days
after
7
the
thirtieth
day
following
the
day
the
vacancy
occurs
,
nor
8
shall
the
election
be
held
within
ninety
days
before
a
regular
9
school
election.
If
the
special
election
would
be
called
10
within
ninety
days
before
a
regular
school
election,
the
11
vacancy
shall
be
filled
at
the
regular
school
election
.
If
the
12
secretary
fails
for
more
than
three
days
to
call
an
election,
13
the
administrator
shall
call
it.
14
Sec.
6.
Section
372.13,
subsection
2,
paragraph
a,
15
subparagraph
(1),
Code
2020,
is
amended
to
read
as
follows:
16
(1)
By
appointment
by
the
remaining
members
of
the
council,
17
except
that
if
the
remaining
members
do
not
constitute
a
quorum
18
of
the
full
membership,
paragraph
“b”
shall
be
followed.
The
19
appointment
shall
be
made
within
sixty
days
after
the
vacancy
20
occurs
and
shall
be
for
the
period
until
the
next
regular
21
city
election
described
in
section
376.1
,
unless
there
is
an
22
intervening
special
election
for
that
city
that
is
more
than
23
ninety
days
before
the
next
regular
city
election
described
24
in
section
376.1
,
in
which
event
the
election
for
the
office
25
shall
be
placed
on
the
ballot
at
such
special
election.
If
26
the
council
fails
to
make
an
appointment
within
sixty
days
27
as
required
by
this
subsection
,
the
city
clerk
shall
give
28
notice
of
the
vacancy
to
the
county
commissioner
and
the
county
29
commissioner
shall
call
a
special
election
to
fill
the
vacancy
30
at
the
earliest
practicable
date
but
no
fewer
than
thirty-two
31
days
after
the
notice
is
received
by
the
county
commissioner.
32
Sec.
7.
Section
372.13,
subsection
2,
paragraph
b,
Code
33
2020,
is
amended
to
read
as
follows:
34
b.
(1)
By
a
special
election
held
to
fill
the
office
for
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the
remaining
balance
of
the
unexpired
term.
If
the
council
1
opts
for
a
special
election
or
a
valid
petition
is
filed
under
2
paragraph
“a”
,
the
special
election
may
be
held
concurrently
3
with
any
pending
election
as
provided
by
section
69.12
that
is
4
not
within
ninety
days
before
a
general
election
if
by
so
doing
5
the
vacancy
will
be
filled
not
more
than
ninety
days
after
6
it
occurs.
Otherwise,
a
special
election
to
fill
the
office
7
shall
be
called
by
the
council
at
the
earliest
practicable
8
date
,
except
that
a
special
election
shall
not
be
called
on
a
9
date
within
ninety
days
before
a
general
election
.
The
council
10
shall
give
the
county
commissioner
at
least
thirty-two
days’
11
written
notice
of
the
date
chosen
for
the
special
election.
12
The
council
of
a
city
where
a
primary
election
may
be
required
13
shall
give
the
county
commissioner
at
least
sixty
days’
written
14
notice
of
the
date
chosen
for
the
special
election.
A
special
15
election
held
under
this
subsection
is
subject
to
sections
16
376.4
through
376.11
,
but
the
dates
for
actions
in
relation
17
to
the
special
election
shall
be
calculated
with
regard
to
18
the
date
for
which
the
special
election
is
called.
However,
19
a
nomination
petition
must
be
filed
not
less
than
twenty-five
20
days
before
the
date
of
the
special
election
and,
where
a
21
primary
election
may
be
required,
a
nomination
petition
must
22
be
filed
not
less
than
fifty-three
days
before
the
date
of
the
23
special
election.
A
vacancy
for
which
a
special
election
would
24
be
called
within
ninety
days
of
a
general
election
shall
be
25
filled
at
the
general
election.
26
(2)
If
there
are
concurrent
vacancies
on
the
council
and
27
the
remaining
council
members
do
not
constitute
a
quorum
of
28
the
full
membership,
a
special
election
shall
be
called
by
29
the
county
commissioner
at
the
earliest
practicable
date
,
30
except
that
a
special
election
shall
not
be
called
on
a
date
31
within
ninety
days
of
a
general
election
.
The
remaining
32
council
members
shall
give
notice
to
the
county
commissioner
33
of
the
absence
of
a
quorum.
If
there
are
no
remaining
council
34
members,
the
city
clerk
shall
give
notice
to
the
county
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commissioner
of
the
absence
of
a
council.
If
the
office
of
1
city
clerk
is
vacant,
the
city
attorney
shall
give
notice
2
to
the
county
commissioner
of
the
absence
of
a
clerk
and
a
3
council.
Notice
of
the
need
for
a
special
election
shall
be
4
given
under
this
paragraph
by
the
end
of
the
following
business
5
day.
Vacancies
for
which
a
special
election
would
be
called
6
within
ninety
days
of
a
general
election
shall
be
filled
at
the
7
general
election.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
the
filling
of
vacant
city,
county,
and
12
school
board
offices.
The
bill
provides
that
an
appointment
13
to
fill
a
vacant
elected
county
office
shall
expire
at
the
14
next
general
election
rather
than
at
the
next
pending
election
15
if
the
pending
election
is
within
90
days
before
the
general
16
election.
The
bill
also
provides
that
if
a
vacancy
in
any
17
county
office
occurs
after
a
primary
election
but
less
than
90
18
days
before
a
general
election,
a
special
election
shall
not
19
be
called
to
fill
the
vacancy.
Instead,
the
vacancy
will
be
20
filled
at
the
general
election.
21
The
bill
changes
the
law
governing
elections
to
fill
22
vacancies
in
city
and
school
board
offices
such
that
an
23
election
to
fill
a
vacancy
shall
not
occur
within
90
days
of
a
24
regular
city
or
school
election,
respectively.
A
vacancy
for
25
which
a
special
election
would
be
held
within
90
days
before
a
26
regular
city
or
school
election
shall
instead
be
filled
at
the
27
regular
city
or
school
election,
respectively.
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