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PAG LIN 1 1 Section 1. NEW SECTION. 46.26 CONGRESSIONAL DISTRICT 1 2 DEFINED. 1 3 As used in this chapter, "congressional district" means 1 4 those districts established following the most recent federal 1 5 decennial census and described in chapter 40. 1 6 Sec. 2. Section 46.1, Code 1995, is amended to read as 1 7 follows: 1 8 46.1 APPOINTMENT OF STATE JUDICIAL NOMINATING 1 9 COMMISSIONERS. 1 10 The governor shall appoint, subject to confirmation by the 1 11 senate, one eligible elector of each congressional district to 1 12 the state judicial nominating commission for a six-year term 1 13 beginning and ending as provided in section 69.19. The terms 1 14 of no more thanthreetwo nor less thantwoone of the members 1 15 shall expire within the same two-year period. No more than a 1 16 simple majority of the members appointed shall be of the same 1 17 gender. 1 18 Sec. 3. Section 46.2, Code 1995, is amended to read as 1 19 follows: 1 20 46.2 ELECTION OF STATE JUDICIAL NOMINATING COMMISSIONERS. 1 21 The resident members of the bar of each congressional 1 22 district shall elect one eligible elector of the district to 1 23 the state judicial nominating commission for a six-year term 1 24 beginning July 1. The terms of no more thanthreetwo nor 1 25 less thantwoone of the members shall expire within the same 1 26 two-year period, the expiration dates being governed by the 1 27 expiration dates of the terms of the original appointive 1 28 members. The members of the bar of the respective 1 29 congressional districts shall in January, immediately 1 30 preceding the expiration of the term of a member of the 1 31 commission, elect a successor for a like term. For the first 1 32 elective term open on or after July 1,19871995, inthe odd-1 33numberedcongressional districts three, four, and five the 1 34 elected member shall be a woman and inthe even-numbered1 35 congressional districts one and two the elected member shall 2 1 be a man. Thereafter, the districts shall alternate between 2 2 women and men elected members. 2 3 Sec. 4. TRANSITION. 2 4 1. The term of the male commissioner who resides in con- 2 5 gressional district one, as described in chapter 40, and was 2 6 elected by the resident members of the bar of congressional 2 7 district one to otherwise serve a term expiring on June 30, 2 8 1999, shall expire on April 30, 1995, and that commissioner 2 9 shall not be replaced. Any election to replace that 2 10 commissioner held before the effective date of this Act shall 2 11 be a nullity. 2 12 2. The governor shall not appoint a commissioner to re- 2 13 place the commissioner who resides in congressional district 2 14 three, as described in chapter 40, when that commissioner's 2 15 term expires on April 30, 1995. 2 16 3. The terms of those commissioners appointed by the 2 17 governor who reside in congressional district four, as 2 18 described in chapter 40, shall expire on April 30, 1995, and 2 19 the governor shall appoint one male commissioner for 2 20 congressional district four pursuant to section 46.1, except 2 21 that the term shall expire April 30, 1997. Thereafter, 2 22 governor's appointees shall serve six-year terms as provided 2 23 in section 46.1. 2 24 4. The term of the commissioner who resides in 2 25 congressional district four, as described in chapter 40, and 2 26 was elected by the resident members of the bar to otherwise 2 27 serve a term expiring on June 30, 1995, shall expire on April 2 28 30, 1995, and that commissioner shall not be replaced. Any 2 29 election to replace that commissioner held before the 2 30 effective date of this Act shall be a nullity. 2 31 Sec. 5. EFFECTIVE AND APPLICABILITY DATES. This Act, 2 32 being deemed of immediate importance, takes effect upon 2 33 enactment and applies to appointive terms ending on April 30, 2 34 1995, and thereafter, and to elective terms ending on April 2 35 30, 1995, and thereafter, as provided in this Act. 3 1 EXPLANATION 3 2 This bill provides that, for the purpose of electing and 3 3 appointing state judicial nominating commissioners from each 3 4 of Iowa's congressional districts, the number of districts 3 5 shall be that number established after the most recent federal 3 6 decennial census and described in chapter 40 of the Code of 3 7 Iowa. Under current law, one commissioner in each 3 8 congressional district is appointed by the governor and one is 3 9 elected by the resident members of the bar in that district. 3 10 Currently there are 14 commissioners based on seven 3 11 congressional districts. 3 12 The bill takes effect immediately upon enactment and 3 13 applies to commissioners elected or appointed before that date 3 14 and on or after that date. Transition provisions are provided 3 15 to change the composition of the current commission from 14 3 16 commissioners to 10, effective May 1, 1995, while maintaining 3 17 staggered terms and gender balance for both appointive and 3 18 elective commissioners. 3 19 As of May 1, 1995, by operation of law and the transition 3 20 provisions given effect by this bill, there will be vacancies 3 21 in governor's appointees in congressional districts one, four, 3 22 and five. Appointments to fill these vacancies will afford 3 23 the governor the opportunity to maintain gender and political 3 24 affiliation balance. As of July 1, 1995, by operation of law 3 25 and the transition provisions given effect by this bill, there 3 26 will be a vacancy in positions elected by the resident members 3 27 of the bar in congressional district three. 3 28 LSB 1001SS 76 3 29 sc/jw/5
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