Bill Text: IA HF2179 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to county supervisors, concerning county supervisor representation plans and county supervisor vacancies, and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-08 - Subcommittee returns the bill to Committee without recommendation. Vote Total: 2-1. [HF2179 Detail]
Download: Iowa-2023-HF2179-Introduced.html
House
File
2179
-
Introduced
HOUSE
FILE
2179
BY
HORA
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
5863HH
(2)
90
th/ns
H.F.
2179
DIVISION
I
1
PLAN
“THREE”
COUNTY
SUPERVISOR
REPRESENTATION
PLANS
2
Section
1.
Section
331.206,
subsection
2,
paragraph
a,
Code
3
2024,
is
amended
to
read
as
follows:
4
a.
The
plan
used
under
subsection
1
shall
be
selected
by
5
the
board
or
by
a
special
election
as
provided
in
section
6
331.207
.
A
plan
selected
by
the
board
shall
remain
in
effect
7
for
at
least
six
years
and
shall
only
be
changed
by
a
special
8
election
as
provided
in
section
331.207
.
However,
a
county
9
with
a
population
of
sixty
thousand
or
more
based
on
the
most
10
recent
federal
decennial
census
shall
use
plan
“three”
for
the
11
election
of
supervisors.
12
Sec.
2.
Section
331.207,
subsection
2,
Code
2024,
is
amended
13
to
read
as
follows:
14
2.
The
petition
shall
be
filed
with
the
county
commissioner
15
by
June
1
of
an
odd-numbered
year
,
subject
to
subsection
16
6
.
The
special
election
shall
be
held
on
the
first
Tuesday
17
in
August
of
the
odd-numbered
year.
Notice
of
the
special
18
election
shall
be
published
once
each
week
for
three
successive
19
weeks
in
an
official
newspaper
of
the
county,
shall
state
the
20
representation
plans
to
be
submitted
to
the
electors,
and
shall
21
state
the
date
of
the
special
election.
The
last
in
the
series
22
of
publications
shall
occur
not
less
than
four
nor
more
than
23
twenty
days
before
the
election.
24
Sec.
3.
Section
331.207,
subsection
6,
Code
2024,
is
amended
25
by
striking
the
subsection.
26
Sec.
4.
TRANSITION
PROVISION.
27
1.
Notwithstanding
any
provision
of
law
to
the
contrary,
28
a
county
with
a
population
of
sixty
thousand
or
more
based
on
29
the
most
recent
federal
decennial
census
that
does
not
use
30
plan
“three”
for
the
election
of
supervisors,
as
defined
in
31
section
331.206,
as
of
the
effective
date
of
this
Act,
shall
32
not
be
required
to
elect
supervisors
using
plan
“three”
until
33
the
election
for
supervisors
in
2026,
following
the
adoption
34
of
a
representation
plan
drawn
pursuant
to
section
331.210A,
35
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1/
9
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2179
subsection
2,
paragraph
“f”,
and
the
requirements
of
this
1
section.
2
2.
A
county
required
to
adopt
a
representation
plan
as
3
provided
in
this
section
shall
establish
a
temporary
county
4
redistricting
commission
by
the
later
of
thirty
days
after
the
5
effective
date
of
this
Act
or
May
15,
2024,
and
shall
complete
6
a
plan,
in
conformity
with
the
requirements
of
sections
331.209
7
and
331.210A,
no
later
than
November
1,
2024.
The
plan
shall
8
be
submitted
to
the
state
commissioner
of
elections
and
shall
9
become
effective
January
1,
2025.
10
DIVISION
II
11
PLAN
“TWO”
COUNTY
SUPERVISOR
REPRESENTATION
PLANS
12
Sec.
5.
Section
49.3,
subsection
2,
paragraph
a,
Code
2024,
13
is
amended
to
read
as
follows:
14
a.
All
boundaries
,
except
for
supervisor
districts
for
15
counties
using
supervisor
representation
plan
“two”
pursuant
to
16
section
331.209
,
shall
follow
precinct
boundaries.
17
Sec.
6.
Section
331.203,
subsection
2,
paragraph
b,
Code
18
2024,
is
amended
to
read
as
follows:
19
b.
If
plan
“two”
or
plan
“three”
as
defined
in
section
20
331.206
is
in
effect,
the
temporary
county
redistricting
21
commission
shall
divide
the
county
into
five
equal-population
22
districts
by
December
15
of
the
year
preceding
the
year
of
the
23
next
general
election
and
at
that
general
election,
five
board
24
members
shall
be
elected,
two
for
initial
terms
of
two
years
25
and
three
for
four-year
terms.
The
districts
shall
be
drawn
in
26
the
manner
provided
under
sections
section
331.209
and
331.210
.
27
The
terms
of
the
three
incumbent
supervisors
shall
expire
on
28
the
date
that
the
five-member
board
becomes
effective.
29
Sec.
7.
Section
331.204,
subsection
3,
Code
2024,
is
amended
30
to
read
as
follows:
31
3.
At
the
next
general
election
following
the
one
at
32
which
the
proposition
to
reduce
the
membership
of
the
board
33
to
three
is
approved,
the
membership
of
the
board
shall
be
34
elected
according
to
the
supervisor
representation
plan
in
35
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2/
9
H.F.
2179
effect
in
the
county.
If
the
supervisor
representation
plan
1
includes
equal-population
districts,
the
districts
shall
be
2
designated
by
December
15
of
the
year
preceding
the
year
of
the
3
next
general
election
by
the
temporary
county
redistricting
4
commission.
The
districts
shall
be
drawn
in
the
manner
5
provided
under
sections
section
331.209
and
331.210
.
One
6
member
of
the
board
shall
be
elected
to
a
two-year
term
and
the
7
remaining
two
members
shall
be
elected
to
four-year
terms.
The
8
length
of
the
term
for
which
a
person
is
a
candidate
and
the
9
date
when
the
term
begins
shall
be
indicated
on
the
ballot.
10
Sec.
8.
Section
331.206,
subsection
1,
paragraph
b,
Code
11
2024,
is
amended
by
striking
the
paragraph.
12
Sec.
9.
Section
331.206,
subsection
2,
paragraph
b,
Code
13
2024,
is
amended
to
read
as
follows:
14
b.
A
plan
selected
by
the
board
shall
become
effective
15
on
the
first
day
in
January
which
is
not
a
Sunday
or
holiday
16
following
the
next
general
election,
at
which
time
the
terms
of
17
the
members
expire
and
the
terms
of
the
members
elected
under
18
the
requirements
of
the
new
supervisor
representation
plan
19
at
the
general
election
as
specified
in
section
331.208
,
or
20
331.209
,
or
331.210
shall
commence.
21
Sec.
10.
Section
331.207,
subsections
3,
4,
and
5,
Code
22
2024,
are
amended
to
read
as
follows:
23
3.
The
supervisor
representation
plans
submitted
at
the
24
special
election
shall
be
stated
in
substantially
the
following
25
manner:
26
The
individual
members
of
the
board
of
supervisors
in
......
27
county,
Iowa,
shall
be
elected:
28
Plan
“one”.
At
large
and
without
district
residence
29
requirements
for
the
members.
30
Plan
“two”.
At
large
but
with
equal-population
district
31
residence
requirements
for
the
members.
32
Plan
“three”.
From
single-member
equal-population
districts
33
in
which
the
electors
of
each
district
shall
elect
one
member
34
who
must
reside
in
that
district.
35
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2179
4.
If
the
plan
adopted
by
a
plurality
of
the
ballots
cast
1
in
the
special
election
is
not
the
supervisor
representation
2
plan
currently
in
effect
in
the
county,
the
terms
of
the
county
3
supervisors
serving
at
the
time
of
the
special
election
shall
4
continue
until
the
first
day
in
January
which
is
not
a
Sunday
5
or
holiday
following
the
next
general
election,
at
which
time
6
the
terms
of
the
members
shall
expire
and
the
terms
of
the
7
members
elected
under
the
requirements
of
the
new
supervisor
8
representation
plan
at
the
general
election
as
specified
in
9
section
331.208
,
or
331.209
,
or
331.210
shall
commence.
10
5.
If
the
plan
adopted
by
a
plurality
of
the
ballots
cast
11
in
the
special
election
represents
a
change
from
plan
“one”
to
12
plan
“two”
or
“three”,
or
from
plan
“two”
to
plan
“three”,
as
13
each
plan
is
defined
in
section
331.206
,
the
temporary
county
14
redistricting
commission
shall
divide
the
county
into
districts
15
as
provided
in
sections
section
331.209
and
331.210
.
The
16
plan
shall
be
completed
not
later
than
November
1
following
17
the
special
election
and
shall
be
submitted
to
the
state
18
commissioner
of
elections.
The
plan
shall
become
effective
the
19
following
January
1.
20
Sec.
11.
Section
331.209,
unnumbered
paragraph
1,
Code
21
2024,
is
amended
to
read
as
follows:
22
If
plan
“two”
“three”
is
selected
pursuant
to
section
23
331.206
or
331.207
,
the
board
shall
be
elected
as
provided
in
24
this
section
.
25
Sec.
12.
Section
331.209,
subsection
2,
Code
2024,
is
26
amended
by
striking
the
subsection
and
inserting
in
lieu
27
thereof
the
following:
28
2.
The
boundaries
of
supervisor
districts
shall
follow
29
voting
precinct
lines
and
each
member
of
the
board
and
each
30
candidate
for
the
office
shall
be
elected
or
nominated
at
the
31
primary
and
general
elections
by
only
the
electors
of
the
32
district
which
that
candidate
seeks
to
represent.
33
Sec.
13.
Section
331.210A,
subsection
1,
paragraph
a,
Code
34
2024,
is
amended
to
read
as
follows:
35
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2179
a.
Not
later
than
May
15
of
each
year
ending
in
one,
a
1
temporary
county
redistricting
commission
shall
be
established
2
as
provided
by
this
section
for
counties
which
have
either
3
plan
“two”
or
a
plan
“three”
supervisor
representation
plans
4
plan
.
If
a
county
has
either
plan
“two”
or
a
plan
“three”
5
supervisor
representation
plans
plan
and
the
number
of
members
6
of
the
board
is
increased
or
decreased
under
section
331.203
or
7
331.204
,
the
temporary
county
redistricting
commission
shall
8
be
established
by
May
15
of
the
year
preceding
the
year
of
the
9
next
general
election.
10
Sec.
14.
REPEAL.
Section
331.210,
Code
2024,
is
repealed.
11
Sec.
15.
PLAN
“TWO”
REPRESENTATION
PLANS
——
TRANSITION
12
PROVISION.
13
1.
Notwithstanding
any
provision
of
law
to
the
contrary,
a
14
county
with
a
population
of
under
sixty
thousand
based
on
the
15
most
recent
federal
decennial
census
that
uses
plan
“two”
for
16
the
election
of
supervisors,
as
defined
in
section
331.206,
as
17
of
the
effective
date
of
this
Act,
shall
not
be
required
to
18
elect
supervisors
using
plan
“one”
or
plan
“three”
until
the
19
election
for
supervisors
in
2026
subject
to
the
requirements
of
20
this
section.
21
2.
The
board
of
supervisors
of
a
county
subject
to
the
22
requirements
of
subsection
1
shall,
within
thirty
days
of
the
23
effective
date
of
this
Act,
adopt,
by
resolution,
either
plan
24
“one”
or
plan
“three”
as
the
representation
plan
for
the
county
25
beginning
with
the
election
for
supervisors
in
2026.
26
3.
If
the
board
of
supervisors
adopts
plan
“three”
27
as
provided
in
subsection
2,
the
county
shall
establish
28
a
temporary
county
redistricting
commission
by
the
later
29
of
thirty
days
after
the
date
of
the
resolution
adopting
30
plan
“three”
or
May
15,
2024,
and
shall
complete
a
plan,
in
31
conformity
with
the
requirements
of
sections
331.209
and
32
331.210A
no
later
than
November
1,
2024.
The
plan
shall
be
33
submitted
to
the
state
commissioner
of
elections
and
shall
34
become
effective
January
1,
2025.
35
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5863HH
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5/
9
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2179
DIVISION
III
1
COUNTY
SUPERVISOR
VACANCIES
2
Sec.
16.
Section
43.6,
subsection
2,
Code
2024,
is
amended
3
to
read
as
follows:
4
2.
When
a
vacancy
occurs
in
the
office
of
county
supervisor
5
or
any
of
the
offices
listed
in
section
39.17
and
more
than
6
seventy
days
remain
in
the
term
of
office
following
the
next
7
general
election,
the
office
shall
be
filled
for
the
balance
8
of
the
unexpired
term
at
that
general
election
unless
the
9
vacancy
has
been
filled
by
a
special
election
called
more
10
than
seventy-three
days
before
the
primary
election.
If
11
the
vacancy
occurs
more
than
seventy-three
days
before
the
12
primary
election,
political
party
candidates
for
that
office
13
at
the
next
general
election
shall
be
nominated
at
the
primary
14
election.
If
an
appointment
to
fill
the
vacancy
in
office
is
15
made
eighty-eight
or
more
days
before
the
primary
election
and
16
a
petition
requesting
a
special
election
has
not
been
received
17
within
fourteen
days
after
the
appointment
is
made,
candidates
18
for
the
office
shall
be
nominated
at
the
primary
election.
19
Sec.
17.
Section
69.14A,
subsection
1,
Code
2024,
is
amended
20
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
21
following:
22
1.
A
vacancy
on
the
board
of
supervisors
shall
be
filled
23
by
special
election
held
to
fill
the
office
for
the
remaining
24
balance
of
the
unexpired
term.
25
a.
The
committee
of
county
officers
designated
to
fill
26
the
vacancy
in
section
69.8
shall
call
for
a
special
election
27
to
fill
the
vacancy.
The
committee
shall
order
the
special
28
election
at
the
earliest
practicable
date,
but
giving
at
least
29
thirty-two
days’
notice
of
the
election.
A
special
election
30
called
under
this
subsection
shall
be
held
on
a
Tuesday
and
31
shall
not
be
held
on
the
same
day
as
a
school
election
within
32
the
county.
33
b.
However,
if
a
vacancy
on
the
board
of
supervisors
34
occurs
after
the
date
of
the
primary
election
and
more
than
35
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5863HH
(2)
90
th/ns
6/
9
H.F.
2179
seventy-three
days
before
the
general
election,
a
special
1
election
to
fill
the
vacancy
shall
not
be
called
by
the
2
committee.
If
the
term
of
office
in
which
the
vacancy
exists
3
will
expire
more
than
seventy
days
after
the
general
election,
4
the
office
shall
be
listed
on
the
ballot,
as
“For
Board
of
5
Supervisors,
To
Fill
Vacancy”.
The
person
elected
at
the
6
general
election
shall
assume
office
as
soon
as
a
certificate
7
of
election
is
issued
and
the
person
has
qualified
by
taking
8
the
oath
of
office.
The
person
shall
serve
the
balance
of
the
9
unexpired
term.
10
c.
If
the
term
of
office
in
which
the
vacancy
exists
will
11
expire
within
seventy
days
after
the
general
election,
the
12
person
elected
to
the
succeeding
term
shall
also
serve
the
13
balance
of
the
unexpired
term.
The
person
elected
at
the
14
general
election
shall
assume
office
as
soon
as
a
certificate
15
of
election
is
issued
and
the
person
has
qualified
by
taking
16
the
oath
of
office.
17
Sec.
18.
Section
331.201,
subsection
3,
Code
2024,
is
18
amended
to
read
as
follows:
19
3.
The
office
of
supervisor
is
an
elective
office
except
20
that
if
.
If
a
vacancy
occurs
on
the
board,
a
successor
may
21
shall
be
appointed
elected
to
the
unexpired
term
as
provided
22
in
section
69.14A
.
23
Sec.
19.
Section
331.214,
subsection
2,
paragraph
c,
Code
24
2024,
is
amended
to
read
as
follows:
25
c.
If
the
board
declares
a
vacancy
under
this
subsection
and
26
the
remaining
balance
of
the
supervisor’s
unexpired
term
is
two
27
and
one-half
years
or
more,
a
special
election
shall
be
held
28
to
fill
the
office
as
provided
in
section
69.14A,
subsection
29
1
,
paragraph
“c”
.
30
DIVISION
IV
31
EFFECTIVE
DATE
32
Sec.
20.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
33
immediate
importance,
takes
effect
upon
enactment.
34
EXPLANATION
35
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
concerns
county
supervisor
representation
plans
3
and
county
supervisor
vacancies.
4
DIVISION
I
——
PLAN
“THREE”
COUNTY
SUPERVISOR
REPRESENTATION
5
PLANS.
This
division
requires
a
county
with
a
population
of
6
60,000
or
more
based
on
the
most
recent
federal
decennial
7
census
to
use
plan
“three”
for
the
election
of
county
8
supervisors.
Plan
“three”
requires
individual
members
of
9
the
board
of
supervisors
for
that
county
to
be
elected
from
10
single-member
equal-population
districts.
The
bill
provides
11
that
a
county
with
a
population
of
60,000
or
more
as
of
the
12
effective
date
of
the
bill,
that
does
not
use
plan
“three”
13
as
of
that
date
for
the
election
of
supervisors
shall
not
14
be
required
to
elect
supervisors
under
plan
“three”
until
15
the
election
for
supervisors
in
2026
following
adoption
of
a
16
representation
plan
in
conformity
with
the
provisions
of
law
17
governing
the
adoption
of
a
plan
“three”
representation
plan.
18
DIVISION
II
——
PLAN
“TWO”
COUNTY
SUPERVISOR
REPRESENTATION
19
PLANS.
This
division
eliminates
the
option
for
counties
to
20
use
plan
“two”
for
the
election
of
county
supervisors.
Plan
21
“two”
requires
individual
members
of
the
board
of
supervisors
22
for
that
county
to
be
elected
at
large
with
equal-population
23
district
residence
requirements.
The
bill
provides
that
a
24
county
with
a
population
of
under
60,000
as
of
the
effective
25
date
of
the
bill,
that
uses
plan
“two”
as
of
that
date
for
26
the
election
of
supervisors
shall
not
be
required
to
elect
27
supervisors
under
plan
“one”
or
“three”
until
the
election
28
for
supervisors
in
2026.
The
bill
requires
the
board
of
29
supervisors
of
a
county
subject
to
the
requirements
of
30
the
division
to
adopt
either
plan
“one”
or
plan
“three”
by
31
resolution
within
30
days
of
the
effective
date
of
the
bill.
32
If
plan
“three”
is
adopted,
the
county
shall
adopt
a
plan
33
“three”
representation
plan
in
conformity
with
the
provisions
34
of
law
governing
the
adoption
of
a
plan
“three”
representation
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plan
to
be
used
for
the
election
of
supervisors
in
2026.
1
DIVISION
III
——
COUNTY
SUPERVISOR
VACANCIES.
This
division
2
requires
vacancies
on
the
board
of
supervisors
to
be
filled
3
by
special
election.
Current
law
allows
for
vacancies
to
be
4
filled
by
appointment
under
certain
circumstances.
5
DIVISION
IV
——
EFFECTIVE
DATE.
The
bill
takes
effect
upon
6
enactment.
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