MASON CITY – With the tragic passing of Mason City councilman Alex Kuhn, a vacant at-large city council seat was left behind. Cerro Gordo Auditor Ken Kline descried Tuesday afternoon how it might be filled:
I have talked with both the mayor and city administrator separately, and it is my understanding the issue of filling the vacancy is not on the agenda for tonight and will likely also not be on the agenda for the August 2nd meeting.
First, the council may choose to appoint a person to fill the vacancy. The appointment must be made within 60 days after the vacancy occurs. Since the vacancy occurred July 15th, the 60-day deadline would be September 13th. If the council chooses to appoint, it must publish notice of its intention to do so, along with the right for citizens to petition to force an election.
A valid petition must contain 196 signatures of eligible electors of the City; however, this office strongly recommends petitioners obtain many more than the minimum number. We have petition forms available here and can advise petitioners how to fill them out so that they will be valid when filed. The deadline to file a petition is within 14 days after publication of the notice or within 14 days after the appointment by the council
The council may call for an election, giving a minimum of 32 days’ notice to this office. If it does so, the election must be scheduled for the earliest practicable date, but no later than 90 days after the vacancy occurs. If an election is held, either by council initiative or by petition, the filing deadline for candidates is 25 days before the election. Unlike a petition calling for an election, which is filed with the city clerk, a nomination petition is filed with the county auditor. The minimum number of signatures for a valid nomination petition is 27 signatures of eligible electors; however, this office strongly recommends petitioners obtain many more than the minimum number.
One scenario is for the council to appoint at their August 16th meeting. If a valid petition calling for an election would be filed in this office by August 19th, I would schedule the election for September 20th. If a petition were filed by August 26th, I would schedule it for September 27th. The latest a petition could be filed would be August 30th, and if that happened, I would schedule the election for December 6th, in order not to conflict with the presidential election and some statutory blackout dates.
Another scenario is for the council to call for an election at their August 16th meeting. Again, depending on how soon they file the written request in this office, we could hold a special election on September 20th or 27th.
More to come on this important matter.
