CHAPTER 69 VACANCIES == REMOVAL == TERMS
69.1 DEFINITIONS.
69.1A HOLDING OVER.
69.2 WHAT CONSTITUTES VACANCY -- HEARING -- APPEAL.
69.3 POSSESSION OF OFFICE.
69.4 RESIGNATIONS.
69.5 VACANCY IN GENERAL ASSEMBLY.
69.6 VACANCY IN STATE BOARDS.
69.7 DUTY OF OFFICER RECEIVING RESIGNATION.
69.8 VACANCIES -- HOW FILLED.
69.9 PERSON REMOVED NOT ELIGIBLE.
69.10 APPOINTMENTS.
69.11 TENURE OF VACANCY APPOINTEE.
69.12 OFFICERS ELECTED TO FILL VACANCIES -- TENURE.
69.13 VACANCIES -- SENATOR IN CONGRESS AND ELECTIVE STATE OFFICERS.
69.14 SPECIAL ELECTION TO FILL VACANCIES.
69.14A FILLING VACANCY OF ELECTED COUNTY OFFICER.
69.15 BOARD MEMBERS -- NONATTENDANCE -- VACANCY.
69.16 APPOINTIVE BOARDS -- POLITICAL AFFILIATION.
69.16A GENDER BALANCE.
69.16C MINORITY REPRESENTATION.
69.17 EMPLOYEES AS MEMBERS -- VOTING.
69.18 SALARY OF ACTING APPOINTEES.
69.19 TERMS OF APPOINTMENTS CONFIRMED BY THE SENATE.
69.20 TEMPORARY VACANCY DUE TO MILITARY SERVICE.



        

69.1 DEFINITIONS. As used in this chapter, unless the context otherwise requires, "book", "list", "record", or "schedule" kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1.

         Section History: Recent Form

         2000 Acts, ch 1148, §1
        

69.1A HOLDING OVER. Except when otherwise provided, every officer elected or appointed for a fixed term shall hold office until a successor is elected and qualified, unless the officer resigns, or is removed or suspended, as provided by law.

         Section History: Early Form

         [C51, § 241; C73, § 784; C97, § 1265; C24, 27, 31, 35, 39, §
      1145; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 69.1] 

       sp; Section History: Recent Form


         C2001, §69.1A
        

69.2 WHAT CONSTITUTES VACANCY -- HEARING -- APPEAL. 1. Every civil office shall be vacant if any of the following events occur: a. A failure to elect at the proper election, or to appoint within the time fixed by law, unless the incumbent holds over. b. A failure of the incumbent or holdover officer to qualify within the time prescribed by law. c. The incumbent ceasing to be a resident of the state, district, county, township, city, or ward by or for which the incumbent was elected or appointed, or in which the duties of the office are to be exercised. This subsection shall not apply to appointed city officers. d. The resignation or death of the incumbent, or of the officer-elect before qualifying. e. The removal of the incumbent from, or forfeiture of, the office, or the decision of a competent tribunal declaring the office vacant. f. The conviction of the incumbent of a felony, an aggravated misdemeanor, or of any public offense involving the violation of the incumbent's oath of office. g. The board of supervisors declares a vacancy in an elected county office upon finding that the county officer has been physically absent from the county for sixty consecutive days except in the case of a medical emergency; temporary active military duty; or temporary service with another government service, agency, or department. h. The incumbent simultaneously holding more than one elective office at the same level of government. This subsection does not apply to the county agricultural extension council or the soil and water conservation district commission. i. An incumbent statewide elected official or member of the general assembly simultaneously holding more than one elective office. 2. If the status of an officeholder is in question, the entity or officer responsible for making an appointment to fill the vacancy shall decide whether a vacancy exists. The appointing entity or officer may act upon its own motion. If a petition signed by twenty-five registered voters of the jurisdiction is received, the appointing entity or officer shall convene within thirty days to consider whether a vacancy exists. The appointing entity or officer shall publish notice that a public hearing will be held to determine whether a vacancy exists. The notice shall include the time and place of the hearing and the name of the office and the officeholder whose status is in question. The public hearing shall be held not less than four nor more than fourteen days after publication of the notice. The officer whose status is in question shall be notified of the time and place of the hearing. Notice shall be sent by certified mail and must be postmarked at least fourteen days before the hearing. No later than seven days after the public hearing, the appointing entity or officer shall publish its decision. If the appointing entity or officer decides that the office is vacant, the publication shall state the date the vacancy occurred and what action will be taken to fill the vacancy. 3. The officer against whom the judgment was rendered may appeal to the district court no later than twenty days after official publication of the decision. However, the appeal will not supersede the execution of the judgment of the appointing entity or officer, unless the party gives a bond, with security to be approved by the district judge in a sum to be fixed by the judge. The amount of the bond shall be at least double the probable compensation of such officer for six months, which bond shall be conditioned that the officer will prosecute the appeal without delay and that, if the judgment appealed from is affirmed, the party will pay over to the successful party all compensation received by the party while in possession of the office after the judgment appealed from was rendered. The court shall hear the appeal in equity and determine anew all questions arising in the case. 4. If, upon appeal, the judgment is affirmed, the district court may render judgment upon the bond for the amount of damages awarded against the appellant and the sureties on the bond.

         Section History: Early Form

         [C51, § 334, 429; R60, § 564, 662, 1132; C73, § 504, 686, 781;
      C97, § 1266; C24, 27, 31, 35, 39, § 1146; C46, 50, 54, 58, 62,
      66, 71, 73, 75, 77, 79, 81, § 69.2] 

         Section History: Recent Form

         91 Acts, ch 12, § 1--3; 93 Acts, ch 143, § 41; 98 Acts, ch 1223,
      §18, 38; 2001 Acts, ch 158, §11; 2002 Acts, ch 1134, § 77, 115
         Referred to in § 331.214
         Duty of holdover officer to requalify, § 63.7
         Vacancy on board of supervisors, § 331.214
         Vacancy on school board, § 277.29
         Removal from office; see also chapter 66
         Prohibitions concerning holding more than one office, § 39.11,
      39.12, and 441.17(1)
        

69.3 POSSESSION OF OFFICE. When a vacancy occurs in a public office, possession shall be taken of the office room, books, papers, and all things pertaining to the office, to be held until the qualification of a successor, as follows: 1. Of the office of the county auditor, by the county treasurer. 2. Of the county treasurer, by the county auditor. 3. Of any of the state officers, by the governor, or, in the absence or inability of the governor at the time of the occurrence, as follows: a. Of the secretary of state, by the treasurer of state. b. Of the auditor of state, by the secretary of state. c. Of the treasurer of state, by the secretary of state and auditor of state, who shall make an inventory of the money and warrants in the office, sign the inventory, and transmit it to the governor, and the secretary of state shall take the keys of the safe and desks, after depositing the books, papers, money and warrants in them, and the auditor of state shall take the key to the office room.

         Section History: Early Form

         [C51, § 444; R60, § 671; C73, § 788; C97, § 1267; C24, 27, 31, 35,
      39, § 1147; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      69.3] 

         Section History: Recent Form

         83 Acts, ch 186, § 10034; 86 Acts, ch 1237, § 3
         Referred to in § 331.502
        

69.4 RESIGNATIONS. Resignations in writing by civil officers may be made as follows, except as otherwise provided: 1. By the governor, to the general assembly, if in session, if not, to the secretary of state. 2. By state senators and representatives, and all officers appointed by the senate or house, or by the presiding officers thereof, to the respective presiding officers of the senate and house, when the general assembly is in session, and such presiding officers shall immediately transmit to the governor information of the resignation of any member thereof; when the general assembly is not in session, all such resignations shall be made to the governor. 3. By senators and representatives in Congress, all officers elected by the registered voters in the state or any district or division thereof larger than a county, or chosen by the general assembly, all judges of courts of record, all officers, trustees, inspectors, and members of all boards and commissions now or hereafter created under the laws of the state, and all persons filling any position of trust or profit in the state, for which no other provision is made, to the governor. 4. By all county and township officers, to the county auditor, except that of the auditor, which shall be to the board of supervisors. 5. By all council members and officers of cities, to the clerk or mayor.

         Section History: Early Form

         [C51, § 430; R60, § 663; C73, § 782; C97, § 1268; C24, 27, 31, 35,
      39, § 1148; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      69.4] 

         Section History: Recent Form

         2001 Acts, ch 56, §7
        

69.5 VACANCY IN GENERAL ASSEMBLY. When a vacancy shall occur in the office of senator or representative in the general assembly, except by resignation, the auditor of the county of the senator's or representative's residence shall notify the governor of such fact and the cause.

         Section History: Early Form

         [C51, § 443; R60, § 672; C73, § 789, 790; C97, § 1269; C24, 27,
      31, 35, 39, § 1149; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 69.5]
         Referred to in § 331.510
        

69.6 VACANCY IN STATE BOARDS. In case of a vacancy from any cause, other than resignation or expiration of term, occurring in any of the governing boards of the state institutions, the secretary thereof shall immediately notify the governor.

         Section History: Early Form

         [C97, § 1270; C24, 27, 31, 35, 39, § 1150; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 69.6]
        

69.7 DUTY OF OFFICER RECEIVING RESIGNATION. An officer receiving any resignation, or notice of any vacancy, shall forthwith notify the board, tribunal, or officer, if any, empowered to fill the same by appointment.

         Section History: Early Form

         [C97, § 1271; C24, 27, 31, 35, 39, § 1151; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 69.7]
        

69.8 VACANCIES -- HOW FILLED. Vacancies shall be filled by the officer or board named, and in the manner, and under the conditions, following: 1. United States senator. In the office of United States senator, when the vacancy occurs when the senate of the United States is in session, or when such senate will convene prior to the next general election, by the governor. An appointment made under this subsection shall be for the period until the vacancy is filled by election pursuant to law. 2. State offices. In all state offices, judges of courts of record, officers, trustees, inspectors, and members of all boards or commissions, and all persons filling any position of trust or profit in the state, by the governor, except when some other method is specially provided. An appointment by the governor to fill a vacancy in the office of lieutenant governor shall be for the balance of the unexpired term. An appointment made under this subsection to a state office subject to section 69.13 shall be for the period until the vacancy is filled by election pursuant to law. 3. County offices. In county offices, by the board of supervisors, unless an election is called as provided in section 69.14A. 4. Board of supervisors. In the membership of the board of supervisors, by the treasurer, auditor, and recorder, or as provided in section 69.14A. If any of these offices have been abolished through consolidation, the county attorney shall serve on this committee. 5. Elected township offices. a. When a vacancy occurs in the office of township clerk or township trustee, the vacancy shall be filled by appointment by the trustees. All appointments to fill vacancies in township offices shall be until a successor is elected at the next general election and qualifies by taking the oath of office. If the term of office in which the vacancy exists will expire within seventy days after the next general election, the person elected to the office for the succeeding term shall qualify by taking the oath of office within ten days after the election and shall serve for the remainder of the unexpired term, as well as for the next four-year term. b. However, if the offices of two trustees are vacant the county board of supervisors shall fill the vacancies by appointment. If the offices of three trustees are vacant the board may fill the vacancies by appointment, or the board may adopt a resolution stating that the board will exercise all powers and duties assigned by law to the trustees of the township in which the vacancies exist until the vacancies are filled at the next general election. If a township office vacancy is not filled by the trustees within thirty days after the vacancy occurs, the board of supervisors may appoint a successor to fill the vacancy until the vacancy can be filled at the next general election.

         Section History: Early Form

         [C51, § 436; R60, § 664; C73, § 513, 783, 794; C97, § 1272; S13, §
      1272; C24, 27, 31, 35, 39, § 1152; C46, 50, 54, 58, 62, 66, 71,
      73, 75, 77, 79, 81, S81, § 69.8; 81 Acts, ch 117, § 1204] 

         Section History: Recent Form

         83 Acts, ch 186, § 10035--10037; 86 Acts, ch 1155, § 2; 87 Acts,
      ch 68, § 4; 89 Acts, ch 215, § 2, 3; 94 Acts, ch 1180, §37; 2008
      Acts, ch 1032, §161; 2009 Acts, ch 57, §73
         Referred to in § 69.14A, 331.322, 331.502
         Auditor to act temporarily for other officers, § 331.502(6)
         General power of governor, Iowa Constitution, Art. IV, § 10
         Vacancies in municipal offices, see § 372.13(2)
        

69.9 PERSON REMOVED NOT ELIGIBLE. No person can be appointed to fill a vacancy who has been removed from office within one year next preceding.

         Section History: Early Form

         [C51, § 441; R60, § 669; C73, § 787; C97, § 1273; C24, 27, 31, 35,
      39, § 1153; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      69.9]
         Referred to in § 331.322
        

69.10 APPOINTMENTS. Appointments under the provisions of this chapter shall be in writing, and filed in the office where the oath of office is required to be filed.

         Section History: Early Form

         [C51, § 439; R60, § 667; C73, § 785; C97, § 1274; C24, 27, 31, 35,
      39, § 1154; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      69.10]
         Referred to in § 331.322
         Place of filing oath, § 64.23
        

69.11 TENURE OF VACANCY APPOINTEE. An officer filling a vacancy in an office which is filled by election of the people shall continue to hold until the next election at which such vacancy can be filled, as provided in section 69.12, and until a successor is elected and qualified. Appointments to all other offices, made under this chapter, shall continue for the remainder of the term of each office, and until a successor is appointed and qualified.

         Section History: Early Form

         [C51, § 429, 439; R60, § 662, 667, 1101; C73, § 530, 781, 785;
      C97, § 1276; C24, 27, 31, 35, 39, § 1155; C46, 50, 54, 58, 62,
      66, 71, 73, 75, 77, 79, 81, § 69.11]
         Referred to in § 69.13, 230A.6, 331.322
        

69.12 OFFICERS ELECTED TO FILL VACANCIES -- TENURE. When a vacancy occurs in any nonpartisan elective office of a political subdivision of this state, and the statutes governing the office in which the vacancy occurs require that it be filled by election or are silent as to the method of filling the vacancy, it shall be filled pursuant to this section. As used in this section, "pending election" means any election at which there will be on the ballot either the office in which the vacancy exists, or any other office to be filled or any public question to be decided by the voters of the same political subdivision in which the vacancy exists. 1. If the unexpired term in which the vacancy occurs has more than seventy days to run after the date of the next pending election, the vacancy shall be filled in accordance with this subsection. The fact that absentee ballots were distributed or voted before the vacancy occurred or was declared shall not invalidate the election. a. A vacancy shall be filled at the next pending election if it occurs: (1) Seventy-four or more days before the election, if it is a general election. (2) Fifty-two or more days before the election, if it is a regularly scheduled or special city election. However, for those cities which may be required to hold a primary election, the vacancy shall be filled at the next pending election if it occurs seventy-three or more days before a regularly scheduled city election or fifty-nine or more days before a special city election. (3) Forty-five or more days before the election, if it is a regularly scheduled school election. (4) Sixty or more days before the election, if it is a special election. b. Nomination papers on behalf of candidates for a vacant office to be filled pursuant to paragraph "a" of this subsection shall be filed, in the form and manner prescribed by applicable law, by 5:00 p.m. on: (1) The final filing date for candidates filing with the state commissioner or commissioner, as the case may be, for a general election. (2) The candidate filing deadline specified in section 376.4 for the regular city election or the filing deadline specified in section 372.13, subsection 2, for a special city election. (3) The fortieth day before a regularly scheduled school election. (4) The twenty-fifth day before a special election. c. A vacancy which occurs at a time when paragraph "a" of this subsection does not permit it to be filled at the next pending election shall be filled by appointment as provided by law until the succeeding pending election. 2. When the unexpired term of office in which the vacancy occurs will expire within seventy days after the date of the next pending election, or after the date of a preceding election in which that office was on the ballot, the person elected to the office for the succeeding term shall also be deemed elected to fill the remainder of the unexpired term. If the vacancy is on a multimember body to which more than one nonincumbent is elected for the succeeding term, the nonincumbent who received the most votes shall be deemed elected to fill the remainder of the unexpired term. A person so elected to fill an unexpired term shall qualify within the time required by sections 63.3 and 63.8. Unless other requirements are imposed by law, qualification for the unexpired term shall also constitute qualification for the full term to which the person was elected.

         Section History: Early Form

         [C51, § 431--435; R60, § 672, 1083, 1101; C73, § 513, 530, 789,
      794, 795; C97, § 1277, 1278; C24, 27, 31, 35, 39, § 1156, 1157;
      C46, 50, 54, 58, 62, 66, 71, § 69.12, 69.13; C73, 75, 77, 79, 81,
      S81, § 69.12; 81 Acts, ch 34, § 45] 

         Section History: Recent Form

         87 Acts, ch 221, § 31; 89 Acts, ch 136, § 59--61; 2002 Acts, ch
      1134, §78, 79, 115; 2008 Acts, ch 1115, §27, 28, 71
         Referred to in § 69.11, 69.14A, 161A.5, 230A.6, 260C.11, 277.30,
      279.6, 331.322, 347A.1, 358.9, 358C.10, 372.13
        

69.13 VACANCIES -- SENATOR IN CONGRESS AND ELECTIVE STATE OFFICERS. If a vacancy occurs in the office of senator in the Congress of the United States, secretary of state, auditor of state, treasurer of state, secretary of agriculture, or attorney general eighty-nine or more days before a general election, and the unexpired term in which the vacancy exists has more than seventy days to run after the date of that general election, the vacancy shall be filled for the balance of the unexpired term at that general election and the person elected to fill the vacancy shall assume office as soon as a certificate of election has been issued and the person has qualified. If the unexpired term of office in which the vacancy occurs will expire within seventy days after the date of the next pending election, section 69.11 applies.

         Section History: Early Form

         [C77, 79, 81, § 69.13] 

         Section History: Recent Form

         89 Acts, ch 136, § 62; 91 Acts, ch 129, § 21; 92 Acts, ch 1067, §
      1; 97 Acts, ch 170, §79
         Referred to in § 43.6, 43.77, 69.8, 331.322
        

69.14 SPECIAL ELECTION TO FILL VACANCIES. A special election to fill a vacancy shall be held for a representative in Congress, or senator or representative in the general assembly, when the body in which such vacancy exists is in session, or will convene prior to the next general election, and the governor shall order, not later than five days from the date the vacancy exists, a special election, giving not less than forty days' notice of such election. In the event the special election is to fill a vacancy in the general assembly while it is in session or within forty-five days of the convening of any session, the time limit provided in this section shall not apply and the governor shall order such special election at the earliest practical time, giving at least eighteen days' notice of the special election. Any special election called under this section must be held on a Tuesday and shall not be held on the same day as a school election within the district.

         Section History: Early Form

         [C51, § 443; R60, § 672; C73, § 789; C97, § 1279; C24, 27, 31, 35,
      39, § 1158; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      69.14] 

         Section History: Recent Form

         86 Acts, ch 1224, § 33; 95 Acts, ch 189, §17
         Referred to in § 42.4, 43.24, 43.73, 43.78, 44.4, 49.11, 50.24,
      50.46, 53.22, 53.53, 331.322
         See § 43.78, subsection 4
        

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
        

69.15 BOARD MEMBERS -- NONATTENDANCE -- VACANCY. 1. Any person who has been appointed by the governor to any board under the laws of this state shall be deemed to have submitted a resignation from such office if either of the following events occurs: a. The person does not attend three or more consecutive regular meetings of such board. This paragraph does not apply unless the first and last of the consecutive meetings counted for this purpose are at least thirty days apart. b. The person attends less than one-half of the regular meetings of such board within any period of twelve calendar months beginning on July 1 or January 1. This paragraph does not apply unless such board holds at least four regular meetings during such period. This paragraph applies only to such a period beginning on or after the date when the person takes office as a member of such board. 2. If such person received no notice and had no knowledge of a regular meeting and gives the governor a sworn statement to that effect within ten days after the person learns of the meeting, such meeting shall not be counted for the purposes of this section. 3. The governor in the governor's discretion may accept or reject such resignation. If the governor accepts it, the governor shall notify such person, in writing, that the resignation is accepted pursuant to this section. The governor shall then make another appointment to such office. Such appointment shall be made in the same manner and for the same term as in the case of other vacancies caused by resignation from such office. 4. As used in this section, "board" includes any commission, committee, agency, or governmental body which has three or more members.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 69.15] 

         Section History: Recent Form

         2007 Acts, ch 22, §16
        

69.16 APPOINTIVE BOARDS -- POLITICAL AFFILIATION. All appointive boards, commissions, and councils of the state established by the Code if not otherwise provided by law shall be bipartisan in their composition. No person shall be appointed or reappointed to any board, commission, or council established by the Code if the effect of that appointment or reappointment would cause the number of members of the board, commission, or council belonging to one political party to be greater than one-half the membership of the board, commission, or council plus one. In the case where the appointment of members of the general assembly is allowed, and the law does not otherwise provide, if an even number of legislators are appointed they shall be equally divided by political party affiliation; if an odd number of members of the general assembly are appointed, the number representing a certain political party shall not exceed by more than one the legislative members of the other political party who may be appointed. If there are multiple appointing authorities for a board, commission or council, the appointing authorities shall consult to avoid a violation of this section. This section shall not apply to any board, commission, or council established by the Code for which other restrictions regarding the political affiliations of members are provided by law.

         Section History: Early Form

         [C77, 79, 81, § 69.16] 

         Section History: Recent Form

         86 Acts, ch 1245, § 2040; 87 Acts, ch 218, § 7
         Referred to in §8A.204, 8A.221, 8D.3, 15.421, 15F.102, 15G.202,
      15H.3, 16.191, 28N.2, 35A.2, 47.8, 68B.32, 80.28, 103A.27, 135.27A,
      135.43, 135.109, 135N.4, 142A.3, 142C.16, 148.2A, 161.3, 175A.2,
      216A.12, 216A.92A, 216A.132, 216A.162, 217.43, 235B.1, 249A.36,
      252B.18, 252B.22, 256.5A, 256.31, 256.35A, 256.61, 272.3, 280A.2,
      303.19, 303A.5, 331.322, 455A.5, 455A.6, 455A.20, 455A.21, 455B.150,
      475A.7, 514E.2, 542.4
         Board of medicine alternate members, see § 148.2A
        

69.16A GENDER BALANCE. 1. All appointive boards, commissions, committees, and councils of the state established by the Code, if not otherwise provided by law, shall be gender balanced. No person shall be appointed or reappointed to any board, commission, committee, or council established by the Code if that appointment or reappointment would cause the number of members of the board, commission, committee, or council of one gender to be greater than one-half the membership of the board, commission, committee, or council plus one if the board, commission, committee, or council is composed of an odd number of members. If the board, commission, committee, or council is composed of an even number of members, not more than one-half of the membership shall be of one gender. If there are multiple appointing authorities for a board, commission, committee, or council, they shall consult each other to avoid a violation of this section. 2. All appointive boards, commissions, committees, and councils of a political subdivision of the state that are established by the Code, if not otherwise provided by law, shall be gender balanced as provided by subsection 1 unless the political subdivision has made a good faith effort to appoint a qualified person to fill a vacancy on a board, commission, committee, or council in compliance with subsection 1 for a period of three months but has been unable to make a compliant appointment. In complying with the requirements of this subsection, political subdivisions shall utilize a fair and unbiased method of selecting the best qualified applicants. This subsection shall not prohibit an individual whose term expires prior to January 1, 2012, from being reappointed even though the reappointment continues an inequity in gender balance.

         Section History: Recent Form

         86 Acts, ch 1245, § 2041; 87 Acts, ch 218, § 8; 88 Acts, ch 1150,
      §1; 2009 Acts, ch 162, §1, 2
         Referred to in §8A.204, 8A.221, 8D.3, 15.421, 15F.102, 15G.202,
      15H.3, 16.191, 28A.7, 28N.2, 35A.2, 46.2A, 80.28, 103A.27, 135.27A,
      135.43, 135.109, 135N.4, 142A.3, 142C.16, 148.2A, 161.3, 175A.2,
      216A.12, 216A.92A, 216A.162, 217.43, 235B.1, 249A.36, 252B.18,
      252B.22, 256.5A, 256.31, 256.35A, 256.61, 272.3, 280A.2, 303.19,
      303A.5, 314.22, 455A.20, 455B.150, 514E.2, 542.4
         Board of medicine alternate members, see § 148.2A 

         Footnotes

         2009 amendments to this section apply on and after January 1,
      2012; 2009 Acts, ch 162, §2
        

69.16B STATUTORY BOARDS, COMMISSIONS, COUNCILS, AND COMMITTEES -- APPOINTMENTS BY MEMBERS OF GENERAL ASSEMBLY -- TERMS -- DISSOLUTION. 1. Unless otherwise specifically provided by law, all of the following shall apply to an appointment to a statutory board, commission, council, or committee made by a member or members of the general assembly pursuant to section 2.32A: a. An appointment shall be at the pleasure of the appointing member. b. Unless an appointee is replaced by the appointing member, the regular term of appointment shall be two years, beginning upon the convening of a general assembly and ending upon the convening of the following general assembly, or when the appointee's successor is appointed, whichever occurs later. c. Unless otherwise provided, a vacancy exists if a member of the general assembly serving on a statutory board, commission, council, or committee ceases to be a member of the general assembly. A vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment. 2. Unless otherwise specifically provided by law, a board, commission, council, committee, task force, or other temporary body created by an uncodified statute that provides for issuance of a final report by the body is dissolved on or about the date the body's final report is issued.

         Section History: Recent Form

         2008 Acts, ch 1156, §22, 58
         Referred to in § 2.32A, 2A.4, 8.65, 8A.372, 13B.2A, 15E.63, 80.28,
      80B.6, 84A.1A, 216A.53, 216A.132, 216A.139, 217.2, 225C.5, 231.12,
      237A.21, 249A.4B, 249A.36, 249J.20, 252B.18, 256.32, 256H.2, 261D.3,
      272B.2, 280A.2, 303A.5, 411.36, 423.9, 455B.150, 466A.3
        

69.16C MINORITY REPRESENTATION. All appointive boards, commissions, committees, and councils of the state established by the Code if not otherwise provided by law should provide, to the extent practicable, for minority representation. All appointing authorities of boards, commissions, committees, and councils subject to this section should consider qualified minority persons for appointment to boards, commissions, committees, and councils. For purposes of this section, "minority" means a minority person as defined in section 15.102.

         Section History: Recent Form

         2008 Acts, ch 1156, §23, 58
         Referred to in § 16.191, 249A.36
        

69.17 EMPLOYEES AS MEMBERS -- VOTING. If an employee of an appointive board, commission, or council is a member of the board, commission, or council, that employee shall not be a voting member. Payment of per diem and expenses shall not cause a member to be considered an employee of that board, commission or council.

         Section History: Early Form

         [C77, 79, 81, § 69.17]
        

69.18 SALARY OF ACTING APPOINTEES. If a vacancy occurs in a position which is appointed by the governor subject to confirmation by the senate and the governor designates a person to serve in that position in an acting capacity, that person shall not receive compensation in excess of that authorized by law for a person holding that position.

         Section History: Early Form

         [C81, § 69.18]
         Confirmation, see § 2.32
        

69.19 TERMS OF APPOINTMENTS CONFIRMED BY THE SENATE. All terms of office of positions which are appointed by the governor, have a fixed term and are subject to confirmation by the senate shall begin at 12:01 a.m. on May 1 in the year of appointment and expire at 12:00 midnight on April 30 in the year of expiration.

         Section History: Early Form

         [C81, § 69.19]
         Referred to in § 8.65, 8A.204, 8A.221, 8D.3, 10A.601, 15.103,
      15.108, 15.421, 15F.102, 15G.202, 16.2, 16.2A, 16.191, 20.5, 29A.11,
      30.2, 35A.2, 46.1, 68B.32, 80.28, 80B.6, 80E.2, 84A.1A, 86.1, 89.14,
      89A.13, 91.2, 97B.3, 97B.8A, 99D.5, 99D.6, 99G.5, 99G.8, 103.3,
      123.6, 135.27A, 135.62, 135.162, 142A.3, 147.19, 152B.13, 154A.3,
      155.2, 159A.4, 161.3, 161A.4, 169.5, 175A.2, 190C.2, 203.11B,
      206.23A, 216.3, 216A.92A, 216A.112, 216A.132, 216B.2, 217.2, 225C.5,
      231.12, 234.3, 237.16, 256.3, 256.5A, 256.35A, 256.52, 257.30,
      257C.5, 261A.6, 262.2, 266.39, 266.39C, 272.4, 303.3C, 303A.5, 307.3,
      368.9, 384.13, 421.1, 421.1A, 455A.5, 455A.6, 455B.150, 466A.3,
      469.6, 474.1, 475A.1, 505.2, 524.201, 533.104, 533.107, 542.4,
      542B.4, 543B.8, 544A.1, 544B.3, 544C.2, 602.2102, 904A.1
         Senate confirmation, see § 2.32
        

69.20 TEMPORARY VACANCY DUE TO MILITARY SERVICE. 1. A temporary vacancy in an elective office of a political subdivision, community college, or hospital board of trustees of this state occurs on the date when the person filling that office is placed on state military service or federal service, as those terms are defined in section 29A.1, and when such a person will not be able to attend to the duties of that person's elective position for a period greater than sixty consecutive days. The temporary vacancy terminates on the date when such person is released from such service, or the term of office expires. 2. A temporary vacancy on an elective board, council, or other multimember body of a political subdivision may be filled by appointment by a majority of the remaining members of the body. A temporary vacancy in any other elective office in a political subdivision, community college, or hospital board of trustees may be filled by the governing body of that political subdivision, community college, or hospital board of trustees. 3. Upon the termination of a temporary vacancy due to a person's release from state military service or federal service, the person who held the elective office just prior to the temporary vacancy shall immediately be deemed to have been reinstated to that position and the person who filled the temporary vacancy shall immediately be deemed to have been removed from that office. 4. A person filling a temporary vacancy or a person reinstated to office as described in this section shall qualify for that office as provided in chapter 63. 5. Upon the resignation or death of the person replaced under this section, a permanent vacancy occurs and shall be filled as otherwise provided by law.

         Section History: Recent Form

         2004 Acts, ch 1076, §1, 2; 2006 Acts, ch 1010, §42, 169, 177

Previous Chapter
68B      Next Chapter 070

Return To Home