Second place does not get first dibs on city council appointment

Regardless of what a past candidate for city council has heard and stated during a recent council meeting, there are only two ways to fill the at-large seat that will be left vacant when Evelyn George is sworn in as mayor: by appointment or by special election. There is no law that says a second place finisher gets first dibs.

Jerry Chandler, a candidate for the past city council race, spoke during the citizen participation portion of the Dec. 4 council meeting, and after thanking the winners and the individuals who ran he incorrectly claimed there is a third way to fill the seat. He claimed the “second place vote getter” can be awarded the position.

According to Iowa Code 372.13, “a vacancy in an elective city office during a term of office shall be filled, at the council’s option, by one of the two following procedures,” either by appointment or by a special election, as was previously noted by Newton Mayor Mike Hansen at the Nov. 20 meeting.

Chandler said he spoke with the state auditor about this information. Iowa Code says that information is wrong. However, if Chandler is interested in being appointed, he can notify the city council and be one of the individuals up for consideration. He would be subject to an interview at an open meeting.

In a follow-up with Newton News, Chandler confirmed he does want to be appointed to the seat and has already submitted his paperwork.

“I want to make Newton Newton again,” he said. “I don’t ever want Newton to be like it used to be.”

When speaking to council at citizen participation, Chandler said the citizens of Newton voted for who they wanted this past election. Chandler received 517 votes, or 20.52 percent of the vote. The winner of the election, Joel Mills, received 709 votes, or about 28.13 percent of the vote.

Chandler was also upset that George did not have to forfeit her seat in order to run for mayor; there is still two years left in George’s term, and law does not require her to forfeit the seat. Chandler said as a result of her winning, it will now have to be settled by a special election and cost taxpayers more money.

While it is true it will cost money to organize and run a special election, it is the taxpayers who have the final say in whether that money gets spent. If taxpayers want to pay for a special election, then they need to collect 393 valid signatures from the Newton electorate to trigger a special election.

“Granted, I didn’t win, but I got second place, and that’s quite a few votes in this town,” Chandler said. “If we hold a special election, Mayor Hansen said anyone can run … If someone was going to run, wouldn’t they run in the real election? Why would we allow anyone to run now? I put money upfront. I campaigned.

“I did everything that you do in an election, and now because it’s a special election anybody that wants to run can run?”

Hansen responded, “That’s the law, Jerry.”

Most anybody can run for an elected office in the city. According to the Iowa Secretary of State’s website, a candidate must be an eligible elector in the city and city ward at the time of filing nomination paper and at the time of the election. Eligible electors must meet all the requirements to register to vote.

But they do not have to be registered to vote. Eligible electors must be a citizen of the United States, a resident of Iowa and at least 18 years old. They cannot be currently judged incompetent to vote by a court, claim a right to vote any other place or be a convicted felon, unless their voting rights have been restored.

When it comes to being considered for appointment, the same rules apply but nomination papers with signatures do not have to be filed. The council can entertain letters of interest from anyone wanting to be appointed to the seat until the next election. Newton City Council followed a similar process in 2018.

Back then, at-large council member Miranda Kulis, who was elected in 2017, resigned from her position in June 2018. By the next month, council members questioned three candidates: Garfield Berndt III, Lin Chapé and Joel Mills. Berndt III was one of five candidates who originally ran for the seat in 2017.

Still, council members ultimately chose Chapé because of her past experience serving on the city council from 2014 to 2017.

If history is any indicator, there is a chance council will appoint a past council member. Randy Ervin, whose run for mayor was cut short by 13 votes, has expressed his desire to be appointed. Time will tell. At the meeting where Chandler voiced his concerns, city attorney Matthew Brick weighed in.

Citing the Iowa Code section mentioned before, Brick contended that by appointment the council can decide to give the seat to one of the individuals who ran for city council this past election. Of course, the city council can appoint an entirely new person as well.

“But the only two options are either a special election or the council appointing,” Brick said. “Anything else would not be in accordance with this code section.”