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69-20
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
