Senate Joint Resolution 2005 - Introduced SENATE JOINT RESOLUTION 2005 BY CHELGREN , BERTRAND , and SCHULTZ SENA TE JOINT RESOLUTION A Joint Resolution proposing an amendment to the Constitution 1 of the State of Iowa limiting terms of service for members 2 of the general assembly, the governor, the lieutenant 3 governor, the secretary of state, the auditor of state, 4 the treasurer of state, and other elected state executive 5 officials. 6 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5488XS (3) 86 aw/sc
S.J.R. 2005 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 1. Section 3 of Article III of the Constitution of the State 3 of Iowa is repealed and the following adopted in lieu thereof: 4 Representatives. SEC. 3. The members of the house of 5 representatives shall be chosen every second year, by the 6 qualified electors of their respective districts, and their 7 term of office shall commence on the first day of January next 8 after their election, and continue two years, and until their 9 successors are elected and qualified. A person shall not be 10 elected for a term as representative if the term would result 11 in the person serving more than a total of six consecutive 12 terms as a representative. If a person is elected to serve 13 a portion of a term to which some other person was elected 14 but that person died in office or resigned from office or was 15 otherwise removed from office, that portion of a term served 16 shall not be included in the terms of service for purposes of 17 this limitation if the representative did not serve for at 18 least one-half of the two-year term. This limitation on terms 19 of service applies to terms of office beginning on or after 20 January 1, 2021. 21 2. Section 5 of Article III of the Constitution of the State 22 of Iowa is repealed and the following adopted in lieu thereof: 23 Senators —— qualifications. SEC. 5. Senators shall be 24 chosen for the term of four years, at the same time and place as 25 representatives; they shall be twenty-five years of age, and 26 possess the qualifications of representatives as to residence 27 and citizenship. A person shall not be elected for a term as 28 senator if the term would result in the person serving more 29 than a total of three consecutive terms as a senator. If a 30 person is elected to serve a portion of a term to which some 31 other person was elected but that person died in office or 32 resigned from office or was otherwise removed from office, that 33 portion of a term served shall not be included in the terms 34 of service for purposes of this limitation if the senator did 35 -1- LSB 5488XS (3) 86 aw/sc 1/ 5
S.J.R. 2005 not serve for at least one-half of the four-year term. This 1 limitation on terms of service applies to terms of office 2 beginning on or after January 1, 2021. 3 3. Section 6 of Article IV of the Constitution of the State 4 of Iowa is repealed and the following adopted in lieu thereof: 5 Eligibility. SEC. 6. No person shall be eligible to the 6 office of governor, or lieutenant governor, who shall not have 7 been a citizen of the United States, and a resident of the 8 state, two years next preceding the election, and attained the 9 age of thirty years at the time of said election. 10 A person shall not be elected for a term as governor if 11 the term would result in the person serving more than a total 12 of three consecutive terms as governor. A person shall not 13 be elected for a term as lieutenant governor if the term 14 would result in the person serving more than a total of three 15 consecutive terms as lieutenant governor. If a person is 16 elevated or appointed to serve a portion of a term to which 17 some other person was elected but that person died in office 18 or resigned from office or was otherwise removed from office, 19 that portion of a term served shall not be included in the 20 terms of service for purposes of this limitation if the person 21 did not serve for at least one-half of the four-year term. 22 This limitation on terms of service applies to terms of office 23 beginning on or after January 1, 2021. 24 4. Section 22 of Article IV of the Constitution of the State 25 of Iowa is repealed and the following adopted in lieu thereof: 26 Secretary —— auditor —— treasurer. SEC. 22. A secretary of 27 state, an auditor of state, and a treasurer of state shall be 28 elected by the qualified electors at the same time that the 29 governor is elected and for a four-year term commencing on the 30 first day of January next after their election, and they shall 31 perform such duties as may be provided by law. 32 A person shall not be elected for a term as secretary of 33 state if the term would result in the person serving more 34 than a total of three consecutive terms in that office. A 35 -2- LSB 5488XS (3) 86 aw/sc 2/ 5
S.J.R. 2005 person shall not be elected for a term as auditor of state 1 if the term would result in the person serving more than a 2 total of three consecutive terms in that office. A person 3 shall not be elected for a term as treasurer of state if the 4 term would result in the person serving more than a total of 5 three consecutive terms in that office. If a person appointed 6 to serve a portion of a term to which some other person was 7 elected, but that person died in office or resigned from office 8 or was otherwise removed from office, that portion of a term 9 served shall not be included in the terms of service for 10 purposes of this limitation if the person did not serve for at 11 least one-half of the four-year term. This limitation on terms 12 of service applies to terms of office beginning on or after 13 January 1, 2021. 14 5. The Constitution of the State of Iowa is amended by 15 adding the following new section to Article IV: 16 Elected state executive officer —— term limits. SEC. 23. If 17 the general assembly provides by law for the election of a 18 state executive officer by the people, a person shall not be 19 elected for a term to that office if the term would result in 20 the person serving more than a total of twelve years in that 21 office. If a person appointed to serve a portion of a term to 22 which some other person was elected, but that person died in 23 office or resigned from office or was otherwise removed from 24 office, that portion of a term served shall not be included 25 in the terms of service for purposes of this limitation if 26 the person did not serve for at least one-half of the term of 27 office. This limitation on terms of service applies to terms 28 of office beginning on or after January 1, 2021. 29 6. Section 12 of Article V of the Constitution of the State 30 of Iowa is repealed and the following adopted in lieu thereof: 31 Attorney general. SEC. 12. The general assembly shall 32 provide, by law, for the election of an attorney general by the 33 people, whose term of office shall be four years, and until his 34 successor is elected and qualifies. 35 -3- LSB 5488XS (3) 86 aw/sc 3/ 5
S.J.R. 2005 A person shall not be elected for a term as attorney general 1 if the term would result in the person serving more than a 2 total of three consecutive terms in that office. If a person 3 appointed to serve a portion of a term to which some other 4 person was elected, but that person died in office or resigned 5 from office or was otherwise removed from office, that portion 6 of a term served shall not be included in the terms of service 7 for purposes of this limitation if the person did not serve for 8 at least one-half of the four-year term. This limitation on 9 terms of service applies to terms of office beginning on or 10 after January 1, 2021. 11 Sec. 2. REFERRAL AND PUBLICATION. The foregoing amendment 12 to the Constitution of the State of Iowa is referred to the 13 general assembly to be chosen at the next general election 14 for members of the general assembly, and the secretary of 15 state is directed to cause the same to be published for three 16 consecutive months previous to the date of that election as 17 provided by law. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This joint resolution proposes an amendment to the 22 Constitution of the State of Iowa limiting terms of service 23 for persons elected to the offices of representative or 24 senator in the general assembly, governor, lieutenant governor, 25 secretary of state, auditor of state, treasurer of state, 26 attorney general, and any other elected state executive 27 officer. The amendment provides that a member of the house 28 of representatives shall not serve more than six consecutive 29 terms as a representative, and that a member of the senate 30 shall not serve more than three consecutive terms as a senator. 31 The amendment provides that a person elected as governor, 32 lieutenant governor, secretary of state, auditor of state, 33 treasurer of state, or attorney general shall not serve more 34 than three consecutive terms in that respective office. The 35 -4- LSB 5488XS (3) 86 aw/sc 4/ 5
S.J.R. 2005 amendment also provides that if the general assembly provides 1 for the election of a state executive officer, that the officer 2 shall not serve more than 12 consecutive years in that office. 3 The amendment provides that if a person is elected, 4 elevated, or appointed as applicable, to serve a portion of 5 a term in these respective offices, the term shall not be 6 included in counting terms of service if the person did not 7 serve at least one-half of the full term. The amendment 8 applies to terms of office beginning on or after January 1, 9 2021. 10 The resolution, if adopted, would be referred to the next 11 general assembly for adoption before being submitted to the 12 electorate for ratification. 13 -5- LSB 5488XS (3) 86 aw/sc 5/ 5