Vacancies on elected city boards and councils should not be delayed until the next municipal election, but can be placed on the next general election ballot, according to today's (4/13) ruling by the Iowa Court of Appeals.
The court decision reversed a Scott County District Court ruling which upheld the City of Bettendorf's practice to wait until the next municipal election to fill vacancies on the park board and city council.
Scott County Auditor Roxanna Moritz in early 2010 had planned to place a vacancy on the city's park board on the general election ballot, but the city appealed her decision in April 2010 to the district court.
Her office had argued, and the appellate court agreed, state law allows placing the vacancy on the ballot for the next pending election, which includes the next general election.
The court case stemmed from the city's appointment of Frank Baden to the city park board in February 2010. He was appointment to fill a vacancy created when Greg Adamson was elected to the city council.
Rather than Baden having to stand for election at the next general election (November 2010), the city argued he did not have to have his name placed before voters until the next municipal election (November 2011).
While the passage of time made the issue of placing Baden on the ballot last November moot, the court decided to issue a ruling based on the "public interest" doctrine.
"In this case, the next pending election includes a vacancy that occurs 74 or more days before a general election," the court ruling said. "Therefore, a plain reading of the whole statute means a vacancy that occurs the required number of days before a general election must be filled at the next general election. If, as the City argues, the next pending election did not include general elections, this phrase would be meaningless."
The ruling likely will impact other communities in the state who have sought guidance from the state attorney general's office on when vacancies in elected offices should be placed on the ballot.
The attorney general's office issued its own view of the case last July.
CLICK HERE for full Iowa Court of Appeals ruling.
