City voters should "determine their own representation as quickly as possible," Scott County attorneys argue in the district court lawsuit challenging Bettendorf's procedure in filling vacancies on the city council and park board.
"A further reading of the statute. . . demonstrates that the legislature intended 'pending elections' to include general elections," Assistant Scott County Attorney Robert Cusack stated in the pre-hearing document. "Further, the overriding policy consideration in this case, the right of the voter to determine their own representation as quickly as possible, should be given weight in interpreting the statute."
The city of Bettendorf filed the lawsuit against Scott County Auditor Roxanna Moritz after she informed the city council a newly appointed park board commissioner would have to stand for election in this fall's general election.
The council authorized the lawsuit arguing past policy has been to have appointees to council and park board vacancies serve until the next city election, which would be in November 2011. City elections are held on odd numbered years while general elections are held on even numbered years.
A hearing on the motion for summary judgment is scheduled for 11 a.m. May 27 in Iowa District Court.
CLICK HERE for a copy of the county's brief.
