69.14A - FILLING VACANCY OF ELECTED COUNTY OFFICER.
69.14A FILLING VACANCY OF ELECTED COUNTY OFFICER.
1. A vacancy on the board of supervisors shall be filled by one
of the following procedures:
a. By appointment by the committee of county officers
designated to fill the vacancy in section 69.8.
(1) The appointment shall be for the period until the next
pending election as defined in section 69.12, and shall be made
within forty days after the vacancy occurs. If the committee of
county officers designated to fill the vacancy chooses to proceed
under this paragraph, the committee shall publish notice in the
manner prescribed by section 331.305 stating that the committee
intends to fill the vacancy by appointment but that the electors of
the district or county, as the case may be, have the right to file a
petition requiring that the vacancy be filled by special election.
The committee may publish notice in advance if an elected official
submits a resignation to take effect at a future date. The committee
may make an appointment to fill the vacancy after the notice is
published or after the vacancy occurs, whichever is later. A person
appointed to an office under this subsection shall have actually
resided in the county which the appointee represents sixty days prior
to appointment.
(2) However, if within fourteen days after publication of the
notice or within fourteen days after the appointment is made, a
petition is filed with the county auditor requesting a special
election to fill the vacancy, the appointment is temporary and a
special election shall be called as provided in paragraph "b".
The petition shall meet the requirements of section 331.306, except
that in counties where supervisors are elected under plan "three",
the number of signatures calculated according to the formula in
section 331.306 shall be divided by the number of supervisor
districts in the county.
b. By special election held to fill the office for the
remaining balance of the unexpired term.
(1) The committee of county officers designated to fill the
vacancy in section 69.8 may, on its own motion, or shall, upon
receipt of a petition as provided in paragraph "a", call for a
special election to fill the vacancy in lieu of appointment. 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.
(2) 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 or by petition. 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.
(3) If the term of office in which the vacancy exists will expire
within seventy days after the general election, the 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.
c. For a vacancy declared by the board pursuant to section
331.214, subsection 2, by special election held to fill the office if
the remaining balance of the unexpired term is two and one-half years
or more. The committee of county officers designated to fill the
vacancy in section 69.8 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. The office shall be listed on the
ballot, as "For Board of Supervisors, To Fill Vacancy". The person
elected at the special election shall serve the balance of the
unexpired term.
2. A vacancy in any of the offices listed in section 39.17 shall
be filled by one of the two following procedures:
a. By appointment by the board of supervisors.
(1) The appointment shall be for the period until the next
pending election as defined in section 69.12, and shall be made
within forty days after the vacancy occurs. If the board of
supervisors chooses to proceed under this paragraph, the board shall
publish notice in the manner prescribed by section 331.305 stating
that the board intends to fill the vacancy by appointment but that
the electors of the county have the right to file a petition
requiring that the vacancy be filled by special election. The board
may publish notice in advance if an elected official submits a
resignation to take effect at a future date. The board may make an
appointment to fill the vacancy after the notice is published or
after the vacancy occurs, whichever is later. A person appointed to
an office under this subsection, except for a county attorney, shall
have actually resided in the county which the appointee represents
sixty days prior to appointment. A person appointed to the office of
county attorney shall be a resident of the county at the time of
appointment.
(2) However, if within fourteen days after publication of the
notice or within fourteen days after the appointment is made, a
petition is filed with the county auditor requesting a special
election to fill the vacancy, the appointment is temporary and a
special election shall be called as provided in paragraph "b".
The petition shall meet the requirements of section 331.306.
b. By special election held to fill the office for the
remaining balance of the unexpired term.
(1) The board of supervisors may, on its own motion, or shall,
upon receipt of a petition as provided in paragraph "a", call for
a special election to fill the vacancy in lieu of appointment. The
supervisors 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.
(2) If a vacancy in an elective county office 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 board of supervisors or by petition. 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 with the name of the office and the additional
description, "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.
(3) If the term of office in which the vacancy exists will expire
within seventy days after the general election, the 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.
3. Notwithstanding subsection 2, in the event of a vacancy for
which no eligible candidate residing in the county comes forward for
appointment, a county board of supervisors may employ a person to
perform the duties of the office for at least sixty days but no more
than ninety days. After ninety days, the board shall proceed under
subsection 2.
4. Notwithstanding subsections 1 and 2, if a nomination has been
made at the primary election for an office in which a vacancy has
been filled by appointment, the office shall be filled at the next
general election, and not at any special election in the same
political subdivision. Section History: Recent Form
89 Acts, ch 215, § 4; 90 Acts, ch 1238, § 33; 92 Acts, ch 1067, §
2; 94 Acts, ch 1180, §38--40; 97 Acts, ch 170, §80--83; 2002 Acts, ch
1134, §80, 115; 2004 Acts, ch 1002, §1; 2006 Acts, ch 1065, §1, 2;
2008 Acts, ch 1032, §162
Referred to in § 43.78, 44.4, 69.8, 331.201, 331.214, 331.322
See § 43.78, subsection 4