City files suit; argues vacancies should be filled in city, not general, elections

The City of Bettendorf has filed a court challenge to the Scott County auditor's ruling that would have allowed citizens to vote to fill city council and park board vacancies at the same time as state and federal elections.

The auditor's decision would have meant appointees to council and park board vacancies would stand for election in the next election involving city voters, rather than wait for the next city only election. State and national elections are held on even-numbered years and city elections are held in odd-numbered years.

In its brief, the city argues the current state election law "is clear and does not mandate mixing city elections with state or federal elections."

The city council approved the filing of the lawsuit, and the estimated $5,000 expense, at last month's meeting. The issue arose after the council appointed a new park board member to replace Greg Adamson, who was elected to the city council last fall.

In the past, the park board appointee would not have stood for election until November 2011. Under the auditor's ruling, the park board vacancy would have been added to the ballot this November.

The city filed the brief in support of a summary judgement May 3. The county is expected to file its response within the month.

CLICK HERE to download a copy of the city's court brief.

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