Bill Summary – FastDemocracy

Senate File 314 - Introduced
                                  SENATE FILE 314
                                  BY DRISCOLL
                            A BILL FOR
An Act relating to county supervisors, concerning county
  supervisor representation plans and county supervisor
  vacancies, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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                             DIVISION I
       PLAN “THREE” COUNTY SUPERVISOR REPRESENTATION PLANS
    Section 1. Section 331.206, subsection 2, paragraph a, Code
 2023, is amended to read as follows:
    a. The plan used under subsection 1 shall be selected by
 the board or by a special election as provided in section
 331.207. A plan selected by the board shall remain in effect
 for at least six years and shall only be changed by a special
 election as provided in section 331.207. However, a county
 with a population of sixty thousand or more based on the most
 recent federal decennial census shall use plan “three” for the
 election of supervisors.
    Sec. 2. Section 331.207, subsection 6, Code 2023, is amended
 by striking the subsection.
    Sec. 3. TRANSITION PROVISION.
    1. Notwithstanding any provision of law to the contrary,
 a county with a population of sixty thousand or more based on
 the most recent federal decennial census that does not use
 plan “three” for the election of supervisors, as defined in
 section 331.206, as of the effective date of this Act, shall
 not be required to elect supervisors using plan “three” until
 the election for supervisors in 2024, following the adoption
 of a representation plan drawn pursuant to section 331.210A,
 subsection 2, paragraph “f”, and the requirements of this
 section.
    2. A county required to adopt a representation plan as
 provided in this section shall establish a temporary county
 redistricting commission by the later of thirty days after the
 effective date of this Act or May 15, 2023, and shall complete
 a plan, in conformity with the requirements of sections 331.209
 and 331.210A no later than November 1, 2023. The plan shall
 be submitted to the state commissioner of elections and shall
 become effective January 1, 2024.
                            DIVISION II
         PLAN “TWO” COUNTY SUPERVISOR REPRESENTATION PLANS
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    Sec. 4. Section 49.3, subsection 2, paragraph a, Code 2023,
 is amended to read as follows:
    a. All boundaries, except for supervisor districts for
 counties using supervisor representation plan “two” pursuant to
 section 331.209, shall follow precinct boundaries.
    Sec. 5. Section 331.203, subsection 2, paragraph b, Code
 2023, is amended to read as follows:
    b. If plan “two” or plan “three” as defined in section
 331.206 is in effect, the temporary county redistricting
 commission shall divide the county into five equal-population
 districts by December 15 of the year preceding the year of the
 next general election and at that general election, five board
 members shall be elected, two for initial terms of two years
 and three for four-year terms. The districts shall be drawn in
 the manner provided under sections section 331.209 and 331.210.
 The terms of the three incumbent supervisors shall expire on
 the date that the five-member board becomes effective.
    Sec. 6. Section 331.204, subsection 3, Code 2023, is amended
 to read as follows:
    3. At the next general election following the one at
 which the proposition to reduce the membership of the board
 to three is approved, the membership of the board shall be
 elected according to the supervisor representation plan in
 effect in the county. If the supervisor representation plan
 includes equal-population districts, the districts shall be
 designated by December 15 of the year preceding the year of the
 next general election by the temporary county redistricting
 commission. The districts shall be drawn in the manner
 provided under sections section 331.209 and 331.210. One
 member of the board shall be elected to a two-year term and the
 remaining two members shall be elected to four-year terms. The
 length of the term for which a person is a candidate and the
 date when the term begins shall be indicated on the ballot.
    Sec. 7. Section 331.206, subsection 1, paragraph b, Code
 2023, is amended by striking the paragraph.
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    Sec. 8. Section 331.206, subsection 2, paragraph b, Code
 2023, is amended to read as follows:
    b. A plan selected by the board shall become effective
 on the first day in January which is not a Sunday or holiday
 following the next general election, at which time the terms of
 the members expire and the terms of the members elected under
 the requirements of the new supervisor representation plan
 at the general election as specified in section 331.208, or
 331.209, or 331.210 shall commence.
    Sec. 9. Section 331.207, subsections 3, 4, and 5, Code 2023,
 are amended to read as follows:
    3. The supervisor representation plans submitted at the
 special election shall be stated in substantially the following
 manner:
   The individual members of the board of supervisors in ......
 county, Iowa, shall be elected:
   Plan “one”. At large and without district residence
 requirements for the members.
   Plan “two”. At large but with equal-population district
 residence requirements for the members.
   Plan “three”. From single-member equal-population districts
 in which the electors of each district shall elect one member
 who must reside in that district.
    4. If the plan adopted by a plurality of the ballots cast
 in the special election is not the supervisor representation
 plan currently in effect in the county, the terms of the county
 supervisors serving at the time of the special election shall
 continue until the first day in January which is not a Sunday
 or holiday following the next general election, at which time
 the terms of the members shall expire and the terms of the
 members elected under the requirements of the new supervisor
 representation plan at the general election as specified in
 section 331.208, or 331.209, or 331.210 shall commence.
    5. If the plan adopted by a plurality of the ballots cast
 in the special election represents a change from plan “one” to
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 plan “two” or “three”, or from plan “two” to plan “three”, as
 each plan is defined in section 331.206, the temporary county
 redistricting commission shall divide the county into districts
 as provided in sections section 331.209 and 331.210. The
 plan shall be completed not later than November 1 following
 the special election and shall be submitted to the state
 commissioner of elections. The plan shall become effective the
 following January 1.
    Sec. 10. Section 331.209, unnumbered paragraph 1, Code
 2023, is amended to read as follows:
    If plan “two” “three” is selected pursuant to section
 331.206 or 331.207, the board shall be elected as provided in
 this section.
    Sec. 11. Section 331.209, subsection 2, Code 2023, is
 amended by striking the subsection and inserting in lieu
 thereof the following:
    2. The boundaries of supervisor districts shall follow
 voting precinct lines and each member of the board and each
 candidate for the office shall be elected or nominated at the
 primary and general elections by only the electors of the
 district which that candidate seeks to represent.
    Sec. 12. Section 331.210A, subsection 1, paragraph a, Code
 2023, is amended to read as follows:
    a. Not later than May 15 of each year ending in one, a
 temporary county redistricting commission shall be established
 as provided by this section for counties which have either
 plan “two” or a plan “three” supervisor representation plans
 plan. If a county has either plan “two” or a plan “three”
 supervisor representation plans plan and the number of members
 of the board is increased or decreased under section 331.203 or
 331.204, the temporary county redistricting commission shall
 be established by May 15 of the year preceding the year of the
 next general election.
    Sec. 13. REPEAL. Section 331.210, Code 2023, is repealed.
    Sec. 14. PLAN “TWO” REPRESENTATION PLANS —— TRANSITION
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 PROVISION.
    1. Notwithstanding any provision of law to the contrary, a
 county with a population of under sixty thousand based on the
 most recent federal decennial census that uses plan “two” for
 the election of supervisors, as defined in section 331.206, as
 of the effective date of this Act, shall not be required to
 elect supervisors using plan “one” or plan “three” until the
 election for supervisors in 2024 subject to the requirements of
 this section.
    2. The board of supervisors of a county subject to the
 requirements of subsection 1 shall, within thirty days of the
 effective date of this Act, adopt, by resolution, either plan
 “one” or plan “three” as the representation plan for the county
 beginning with the election for supervisors in 2024.
    3. If the board of supervisors adopts plan “three”
 as provided in subsection 2, the county shall establish
 a temporary county redistricting commission by the later
 of thirty days after the date of the resolution adopting
 plan “three” or May 15, 2023, and shall complete a plan, in
 conformity with the requirements of sections 331.209 and
 331.210A no later than November 1, 2023. The plan shall be
 submitted to the state commissioner of elections and shall
 become effective January 1, 2024.
                           DIVISION III
                   COUNTY SUPERVISOR VACANCIES
    Sec. 15. Section 43.6, subsection 2, Code 2023, is amended
 to read as follows:
    2. When a vacancy occurs in the office of county supervisor
 or any of the offices listed in section 39.17 and more than
 seventy days remain in the term of office following the next
 general election, the office shall be filled for the balance
 of the unexpired term at that general election unless the
 vacancy has been filled by a special election called more
 than seventy-three days before the primary election. If
 the vacancy occurs more than seventy-three days before the
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 primary election, political party candidates for that office
 at the next general election shall be nominated at the primary
 election. If an appointment to fill the vacancy in office is
 made eighty-eight or more days before the primary election and
 a petition requesting a special election has not been received
 within fourteen days after the appointment is made, candidates
 for the office shall be nominated at the primary election.
    Sec. 16. Section 69.14A, subsection 1, Code 2023, is amended
 by striking the subsection and inserting in lieu thereof the
 following:
    1. A vacancy on the board of supervisors shall be filled
 by special election held to fill the office for the remaining
 balance of the unexpired term.
    a. The committee of county officers designated to fill
 the vacancy in section 69.8 shall call for a special election
 to fill the vacancy. The committee shall order the special
 election at the earliest practicable date, but giving at least
 thirty-two days’ notice of the election. A special election
 called under this section shall be held on a Tuesday and shall
 not be held on the same day as a school election within the
 county.
    b. However, if a vacancy on the board of supervisors
 occurs after the date of the primary election and more than
 seventy-three days before the general election, a special
 election to fill the vacancy shall not be called by the
 committee. If the term of office in which the vacancy exists
 will expire more than seventy days after the general election,
 the office shall be listed on the ballot, as “For Board of
 Supervisors, To Fill Vacancy”. The person elected at the
 general election shall assume office as soon as a certificate
 of election is issued and the person has qualified by taking
 the oath of office. The person shall serve the balance of the
 unexpired term.
    c. If the term of office in which the vacancy exists will
 expire within seventy days after the general election, the
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 person elected to the succeeding term shall also serve the
 balance of the unexpired term. The person elected at the
 general election shall assume office as soon as a certificate
 of election is issued and the person has qualified by taking
 the oath of office.
    Sec. 17. Section 331.201, subsection 3, Code 2023, is
 amended to read as follows:
    3. The office of supervisor is an elective office except
 that if. If a vacancy occurs on the board, a successor may
 shall be appointed elected to the unexpired term as provided
 in section 69.14A.
    Sec. 18. Section 331.214, subsection 2, paragraph c, Code
 2023, is amended to read as follows:
    c. If the board declares a vacancy under this subsection and
 the remaining balance of the supervisor’s unexpired term is two
 and one-half years or more, a special election shall be held
 to fill the office as provided in section 69.14A, subsection
 1, paragraph “c”.
                            DIVISION IV
                          EFFECTIVE DATE
    Sec. 19. EFFECTIVE DATE. This Act, being deemed of
 immediate importance, takes effect upon enactment.
                           EXPLANATION
         The inclusion of this explanation does not constitute agreement with
          the explanation’s substance by the members of the general assembly.
    This bill concerns county supervisor representation plans
 and county supervisor vacancies.
    DIVISION I —— PLAN “THREE” COUNTY SUPERVISOR REPRESENTATION
 PLANS. This division requires a county with a population of
 60,000 or more based on the most recent federal decennial
 census to use plan “three” for the election of county
 supervisors. Plan “three” requires individual members of
 the board of supervisors for that county to be elected from
 single-member equal-population districts. The bill provides
 that a county with a population of 60,000 or more as of the
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 effective date of the bill, that does not use plan “three”
 as of that date for the election of supervisors shall not
 be required to elect supervisors under plan “three” until
 the election for supervisors in 2024 following adoption of a
 representation plan in conformity with the provisions of law
 governing the adoption of a plan “three” representation plan.
    DIVISION II —— PLAN “TWO” COUNTY SUPERVISOR REPRESENTATION
 PLANS. This division eliminates the option for counties to
 use plan “two” for the election of county supervisors. Plan
 “two” requires individual members of the board of supervisors
 for that county to be elected at large with equal-population
 district residence requirements. The bill provides that a
 county with a population of under 60,000 as of the effective
 date of the bill, that uses plan “two” as of that date for
 the election of supervisors shall not be required to elect
 supervisors under plan “one” or “three” until the election
 for supervisors in 2024. The bill requires the board of
 supervisors of a county subject to the requirements of
 the division to adopt either plan “one” or plan “three” by
 resolution within 30 days of the effective date of the bill.
 If plan “three” is adopted, the county shall adopt a plan
 “three” representation plan in conformity with the provisions
 of law governing the adoption of a plan “three” representation
 plan to be used for the election of supervisors in 2024.
    DIVISION III —— COUNTY SUPERVISOR VACANCIES. This division
 requires vacancies on the board of supervisors to be filled
 by special election. Current law allows for vacancies to be
 filled by appointment under certain circumsta