Senate File 75 - Introduced SENATE FILE 75 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO SSB 1018) 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 1537SV (1) 91 th/ns
S.F. 75 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 either 10 a population of one hundred twenty-five thousand or more based 11 on the most recent federal decennial census or the main campus 12 of an institution of higher learning governed by the state 13 board of regents shall use plan three for the election of 14 supervisors. 15 Sec. 2. Section 331.207, subsections 2 and 5, Code 2025, are 16 amended to read as follows: 17 2. The petition shall be filed with the county commissioner 18 by June 1 of an odd-numbered year, subject to subsection 6 7 . 19 The special election shall be held on the first Tuesday after 20 the first Monday in August November of the odd-numbered year. 21 Notice of the special election shall be published once each 22 week for three successive weeks in an official newspaper of the 23 county, shall state the representation plans to be submitted to 24 the electors, and shall state the date of the special election. 25 The last in the series of publications shall occur not less 26 than four nor more than twenty days before the election. 27 5. If the plan adopted by a plurality of the ballots cast 28 in the special election represents a change from plan one to 29 plan two or three, or from plan two to plan three, as 30 each plan is defined in section 331.206 , the temporary county 31 redistricting commission shall divide the county into districts 32 as provided in sections 331.209 and 331.210 . The plan shall 33 be completed not later than November 1 December 31 following 34 the special election and shall be submitted to the state 35 -1- LSB 1537SV (1) 91 th/ns 1/ 6
S.F. 75 commissioner of elections. The plan shall become effective the 1 following January 1. 2 Sec. 3. Section 331.207, subsection 6, Code 2025, is amended 3 by striking the subsection. 4 Sec. 4. TRANSITION PROVISION. 5 1. Notwithstanding any provision of law to the contrary, 6 a county with either a population of one hundred twenty-five 7 thousand or more based on the most recent federal decennial 8 census or the main campus of an institution of higher learning 9 governed by the state board of regents that does not use 10 plan three for the election of supervisors, as defined in 11 section 331.206, as of the effective date of this Act, shall 12 elect supervisors using plan three during the 2026 general 13 election, using a representation plan drawn pursuant to section 14 331.210A, subsection 2, paragraph f, and the requirements of 15 this section. 16 2. A county required to use a representation plan as 17 provided in this section shall establish a temporary county 18 redistricting commission by the later of thirty days after the 19 effective date of this Act or May 15, 2025, and shall complete 20 a precinct plan, in conformity with the requirements of 21 sections 331.209 and 331.210A, no later than October 1, 2025. 22 The precinct plan shall be submitted to the state commissioner 23 of elections and the legislative services agency shall draw and 24 publish the representation plan by January 1, 2026. 25 DIVISION II 26 COUNTY SUPERVISOR VACANCIES 27 Sec. 5. Section 43.6, subsection 2, Code 2025, is amended 28 to read as follows: 29 2. When a vacancy occurs in the office of county supervisor 30 or any of the offices listed in section 39.17 and more than 31 seventy days remain in the term of office following the next 32 general election, the office shall be filled for the balance 33 of the unexpired term at that general election unless the 34 vacancy has been filled by a special election called more 35 -2- LSB 1537SV (1) 91 th/ns 2/ 6
S.F. 75 than seventy-three days before the primary election. If 1 the vacancy occurs more than seventy-three days before the 2 primary election, political party candidates for that office 3 at the next general election shall be nominated at the primary 4 election. If an appointment to fill the vacancy in office is 5 made in accordance with section 69.14A, subsection 1, paragraph 6 a , eighty-eight or more days before the primary election and 7 a petition requesting a special election has not been received 8 within fourteen days after the appointment is made, candidates 9 for the office shall be nominated at the primary election. 10 Sec. 6. Section 69.14A, subsection 1, paragraph a, 11 unnumbered paragraph 1, Code 2025, is amended to read as 12 follows: 13 By If the population of the county is less than one hundred 14 twenty-five thousand based on the most recent federal decennial 15 census and if the county does not include the main campus of 16 an institution of higher learning governed by the state board 17 of regents, by appointment by the committee of county officers 18 designated to fill the vacancy in section 69.8 . 19 Sec. 7. Section 69.14A, subsection 1, paragraph b, 20 unnumbered paragraph 1, Code 2025, is amended to read as 21 follows: 22 By If the population of the county is one hundred 23 twenty-five thousand or more based on the most recent federal 24 decennial census or the county includes the main campus of an 25 institution of higher learning governed by the state board of 26 regents, by special election held to fill the office for the 27 remaining balance of the unexpired term. 28 Sec. 8. Section 331.201, subsection 3, Code 2025, is amended 29 to read as follows: 30 3. The office of supervisor is an elective office except 31 that if a vacancy occurs on the board, a successor may be 32 appointed to the unexpired term as provided in section 69.14A , 33 subsection 1, paragraph a , if the population of the county is 34 less than one hundred twenty-five thousand based on the most 35 -3- LSB 1537SV (1) 91 th/ns 3/ 6
S.F. 75 recent federal decennial census and if the county does not 1 include the main campus of an institution of higher learning 2 governed by the state board of regents . 3 Sec. 9. Section 331.214, subsection 2, paragraph c, Code 4 2025, is amended to read as follows: 5 c. If the board declares a vacancy under this subsection and 6 the remaining balance of the supervisors unexpired term is two 7 and one-half years or more, a special election shall be held to 8 fill the office as provided in section 69.14A, subsection 1 , 9 paragraph c , if the population of the county is one hundred 10 twenty-five thousand or more based on the most recent federal 11 decennial census or the county includes the main campus of an 12 institution of higher learning governed by the state board of 13 regents . However, if the population of the county is less 14 than one hundred twenty-five thousand based on the most recent 15 federal decennial census and if the county does not include the 16 main campus of an institution of higher learning governed by 17 the state board of regents, an appointment shall be made to 18 fill the office as provided in section 69.14A, subsection 1, 19 paragraph a . 20 DIVISION III 21 EFFECTIVE DATE 22 Sec. 10. EFFECTIVE DATE. This Act, being deemed of 23 immediate importance, takes effect upon enactment. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanations substance by the members of the general assembly. 27 This bill concerns county supervisor representation plans 28 and county supervisor vacancies. 29 DIVISION I PLAN THREE COUNTY SUPERVISOR REPRESENTATION 30 PLANS AND SPECIAL ELECTIONS. The bill requires a county with 31 either a population of 125,000 or more based on the most recent 32 federal decennial census or the main campus of an institution 33 of higher learning governed by the state board of regents 34 to use plan three for the election of county supervisors. 35 -4- LSB 1537SV (1) 91 th/ns 4/ 6
S.F. 75 Plan three requires individual members of the board of 1 supervisors for that county to be elected from single-member, 2 equal-population districts. The bill provides that such 3 counties that do not use plan three for the election of 4 supervisors as of the effective date of the bill must submit 5 a precinct plan to the state commissioner of elections by 6 October 1. The legislative services agency must draw the 7 representation plan, in conformity with the provisions of 8 law governing the adoption of a plan three representation 9 plan, for use by such counties to elect supervisors under plan 10 three during the 2026 general election. 11 The bill requires special elections for the purpose of 12 selecting a supervisor representation plan to be held on the 13 first Tuesday after the first Monday in November, rather than 14 the first Tuesday in August. In accordance with Code section 15 39.2 (special elections), a special election may be held on 16 the same day as a regularly scheduled election. The bill also 17 requires a new representation plan, if a plan two or three 18 is approved at the special election, to be completed not later 19 than December 31, rather than November 1. Such a plan will 20 still take effect the following January 1. 21 The bill fixes an internal subsection reference that 22 was inadvertently not updated when Code section 331.207 was 23 renumbered for the 2019 Code. 24 DIVISION II COUNTY SUPERVISOR VACANCIES. The bill 25 requires vacancies on the board of supervisors to be filled 26 by special election in a county with either a population of 27 125,000 or more or the main campus of an institution of higher 28 learning governed by the state board of regents. Current 29 law allows for vacancies to be filled by appointment under 30 certain circumstances. The bill requires vacancies to be 31 filled by appointment in a county with a population of less 32 than 125,000 that does not include an institution of higher 33 learning governed by the state board of regents in accordance 34 with current law, including a vacancy that is treated as 35 -5- LSB 1537SV (1) 91 th/ns 5/ 6
S.F. 75 a resignation due to the physical or mental status of a 1 supervisor. 2 DIVISION III EFFECTIVE DATE. The bill takes effect upon 3 enactment. 4 -6- LSB 1537SV (1) 91 th/ns 6/ 6