Text: HF00468 Text: HF00470 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 46.20, Code 1997, is amended to read as 1 2 follows: 1 3 46.20 DECLARATION OF CANDIDACY. 1 4 At least one hundred four days before the judicial election 1 5 preceding expiration of the initial or regular term of office, 1 6 a senior judge serving pursuant to section 602.9203, a judge 1 7 of the supreme court, court of appeals, or district court 1 8 including district associate judges, or a clerk of the 1 9 district court who is required to stand for retention under 1 10 section 602.1216 may file a declaration of candidacy with the 1 11 state commissioner of elections to stand for retention or 1 12 rejection at that election. If a judge or clerk fails to file 1 13 the declaration, the office shall be vacant at the end of the 1 14 term. District associate judges and senior judges filing the 1 15 declaration shall stand for retention in the judicial election 1 16 district of their residence. 1 17 Sec. 2. Section 46.21, unnumbered paragraph 1, Code 1997, 1 18 is amended to read as follows: 1 19 At least sixty-nine days before each judicial election, the 1 20 state commissioner of elections shall certify to the county 1 21 commissioner of elections of each county a list of the senior 1 22 judges, judges of the supreme court, court of appeals, and 1 23 district court including district associate judges, and clerks 1 24 of the district court to be voted on in each county at that 1 25 election. The county commissioner of elections shall place 1 26 the names upon the ballot in the order in which they appear in 1 27 the certificate, unless only one county is voting thereon. 1 28 The state commissioner of elections shall rotate the names in 1 29 the certificate by county, or the county commissioner of 1 30 elections shall rotate them upon the ballot by precinct if 1 31 only one county is voting thereon. The names of all judges 1 32 and clerks to be voted on shall be placed upon one ballot, 1 33 which shall be in substantially the following form: 1 34 Sec. 3. Section 46.21, Code 1997, is amended by adding the 1 35 following new unnumbered paragraph: 2 1 NEW UNNUMBERED PARAGRAPH. SENIOR JUDGES. Shall the 2 2 following senior judges be retained in office? 2 3 CANDIDATE'S NAME YES ___ NO ___ 2 4 Sec. 4. Section 46.24, Code 1997, is amended to read as 2 5 follows: 2 6 46.24 RESULTS OF ELECTION. 2 7 A senior judge, judge of the supreme court, court of 2 8 appeals, or district court including a district associate 2 9 judge, or a clerk of the district court must receive more 2 10 affirmative than negative votes to be retained in office. 2 11 When the poll is closed, the election judges shall publicly 2 12 canvass the vote forthwith. The board of supervisors shall 2 13 canvass the returns on the Monday or Tuesday after the 2 14 election, and shall promptly certify the number of affirmative 2 15 and negative votes on each judge or clerk to the state 2 16 commissioner of elections. 2 17 The state board of canvassers shall, at the time of 2 18 canvassing the vote cast at a general election, open and 2 19 canvass all of the returns for the judicial election. Each 2 20 senior judge, judge of the supreme court, court of appeals or 2 21 district court including a district associate judge, or a 2 22 clerk of the district court who has received more affirmative 2 23 than negative votes shall receive from the state board of 2 24 canvassers an appropriate certificate so stating. 2 25 Sec. 5. Section 602.9203, subsection 2, unnumbered 2 26 paragraph 1, Code 1997, is amended to read as follows: 2 27 A judicial officer referred to in subsection 1 may be 2 28 appointed, at the discretion of the supreme court, for a two- 2 29 year term as a senior judge, and if appointed shall stand for 2 30 retention in office as provided in chapter 46, if the judicial 2 31 officer meets all of the following requirements: 2 32 Sec. 6. Section 602.9203, subsections 3 and 5, Code 1997, 2 33 are amended to read as follows: 2 34 3. The clerk of the supreme court shall maintain a book 2 35 entitled "Roster of Senior Judges", and shall enter in the 3 1 book the name of each judicial officer who files a timely 3 2 election under subsection 1 and qualifies under subsection 2. 3 3 A person shall be a senior judge upon entry of the person's 3 4 name in the roster of senior judges and until the person 3 5 becomes a retired senior judge as provided in section 3 6 602.9207, or until the person's name is stricken from the 3 7 roster of senior judges as provided in section 602.9208, or 3 8 until the person is not retained by the voters at an election, 3 9 or until the person dies. 3 10 5. A senior judgemay be reappointed toshall stand for 3 11 retention for additional two-year terms, at the discretion of3 12the supreme court,if the judicial officer meets the 3 13 requirements of subsection 2. A senior judge shall stand for 3 14 retention in office at the judicial election under sections 3 15 46.17 to 46.24. 3 16 Sec. 7. APPLICABILITY. This Act applies to senior judges 3 17 appointed on or after January 1, 1998. 3 18 EXPLANATION 3 19 This bill requires senior judges to stand for retention at 3 20 election. The bill provides that a senior judge would still 3 21 be appointed for the initial two-year term and would be 3 22 retained at election for additional two-year terms. 3 23 The bill applies to senior judges appointed on or after 3 24 January 1, 1998. 3 25 LSB 1903HH 77 3 26 sc/jw/5
Text: HF00468 Text: HF00470 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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