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| 1 | 1 | 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 | |
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| 3 | 3 | 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 | |
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| 5 | 5 | 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 explanations 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 |