Des Moines

Vacancy of elected officials overview

The officer/entity responsible for filling a vacancy will also be entrusted with the duty to determine when a vacancy exists. They may deem an office vacant based on their own motion, or based on a public petition initiative. A hearing must be held before a final decision can be issued. The Iowa Code describes a vacancy as any of the following:

  • Fail to elect or appoint an officer within the time fixed by law
  • Incumbent fails to meet the qualifying criteria of the office
  • Incumbent is no longer residing in the represented area (excludes appointed city officers)
  • Death, resignation, or removal of incumbent official
  • Incumbent is convicted of a felony, aggravated misdemeanor, or any public offense which violates the oath of office
  • Absence of county officers for sixty consecutive days (except for medical, military, or governmental reasons)
  • Incumbent simultaneously holds more than one elective office at the same level of government (excludes county ag extension council and conservation district commission)
  • Incumbent for statewide representation holding more than one elective office

US Congress

In the event that there is a vacancy in the US House of Representatives, the US Constitution sets forth the procedure to fill the vacancy by election. Once a vacancy occurs, the state may choose to fill that vacancy by holding a special election, if it would be practicable to do so (i.e. the next general election is still a significant amount ...

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