House Amendment to Senate File 638 S-3262 Amend Senate File 638, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 19, after line 15 by inserting: 3 < DIVISION ___ 4 ELECTIONS 5 Sec. ___. 2019 Iowa Acts, House File 692, section 33, if 6 enacted, is amended to read as follows: 7 SEC. 33. EFFECTIVE DATE. 8 1. This division of this Act, being deemed of immediate 9 importance, takes effect upon enactment. 10 2. Notwithstanding subsection 1, the section of this 11 division of this Act amending section 39.2 takes effect July 12 1, 2019. 13 Sec. ___. EFFECTIVE DATE. This division of this Act, being 14 deemed of immediate importance, takes effect upon enactment. 15 Sec. ___. RETROACTIVE APPLICABILITY. This division of this 16 Act applies retroactively to the date of enactment of 2019 Iowa 17 Acts, House File 692, if enacted. > 18 2. Page 19, after line 15 by inserting: 19 < DIVISION ___ 20 JUDICIAL NOMINATING COMMISSION MODERNIZATION 21 Sec. ___. Section 46.1, Code 2019, is amended to read as 22 follows: 23 46.1 Appointment of state judicial nominating commissioners. 24 1. The governor shall appoint, subject to confirmation by 25 the senate, one eligible elector of each congressional district 26 nine eligible electors to the state judicial nominating 27 commission for a six-year term beginning and ending as provided 28 in section 69.19 . 29 2. The appointments made by the governor shall be 30 staggered terms of six years each and shall begin and end 31 in even-numbered years as provided in section 69.19. The 32 terms of no more than three nor less than two of the members 33 commissioners shall expire within the same two-year period. 34 3. No more than a simple majority of the members 35 -1- SF638.2545.H (1) 88 md 1/ 12 #1. #2.

commissioners appointed by the governor shall be of the same 1 gender. 2 4. All commissioners shall be chosen without reference to 3 political affiliation. 4 5. There shall be at least one commissioner appointed by 5 the governor from each congressional district and there shall 6 not be more than two commissioners appointed by the governor 7 from a single congressional district unless each congressional 8 district has at least two commissioners appointed by the 9 governor. 10 6. A commissioner who has served a full six-year term on the 11 state judicial nominating commission, whether the commissioner 12 was appointed or elected, shall be ineligible to be appointed 13 to a second six-year term. 14 7. No person may be appointed who holds an office of 15 profit of the United States or of the state at the time of 16 appointment. 17 Sec. ___. Section 46.2, Code 2019, is amended by striking 18 the section and inserting in lieu thereof the following: 19 46.2 Election of state judicial nominating commissioners. 20 1. The resident members of the bar of each congressional 21 district shall elect two eligible electors of different genders 22 to the state judicial nominating commission. 23 2. The commissioners elected by the bar shall serve 24 staggered terms of six years each and shall be elected in the 25 month of January for terms commencing July 1 of odd-numbered 26 years. The terms of no more than three of the commissioners 27 shall expire within the same two-year period. 28 3. All of the commissioners elected by the bar shall be 29 chosen without reference to political affiliation. 30 4. A commissioner who has served a full six-year term on the 31 state judicial nominating commission, whether the commissioner 32 was appointed or elected, shall be ineligible to be elected to 33 a second six-year term. 34 5. No person may be elected who holds an office of profit of 35 -2- SF638.2545.H (1) 88 md 2/ 12

the United States or of the state at the time of election. 1 Sec. ___. Section 46.2A, Code 2019, is amended by striking 2 the section and inserting in lieu thereof the following: 3 46.2A Special appointment of state judicial nominating 4 commissioners and transition provisions. 5 1. The initial term of the ninth commissioner appointed by 6 the governor shall begin on the effective date of this division 7 of this Act and shall expire on April 30, 2024. 8 2. After the initial term is served pursuant to subsection 9 1, a new commissioner shall be appointed by the governor to a 10 six-year term as provided in section 46.1. 11 3. The terms of any commissioner currently serving on 12 the state judicial nominating commission or any commissioner 13 already elected to begin serving on July 1, 2019, shall not be 14 affected by this Act. 15 Sec. ___. Section 46.5, Code 2019, is amended to read as 16 follows: 17 46.5 Vacancies. 18 1. When a vacancy occurs in the office of an appointive 19 judicial nominating commissioner, the chairperson of the 20 particular commission shall promptly notify the governor in 21 writing of such fact or the governor may take note of such a 22 vacancy . Vacancies in the office of an appointive judicial 23 nominating commissioner shall be filled by appointment by the 24 governor, consistent with eligibility requirements. The term 25 of state judicial nominating commissioners so appointed shall 26 commence upon their appointment pending confirmation by the 27 senate at the then session of the general assembly or at its 28 next session if it is not then in session. The term of district 29 judicial nominating commissioners so appointed shall commence 30 upon their appointment. 31 2. Except where the term has less than ninety days 32 remaining, vacancies in the office of elective member of the 33 state judicial nominating commission shall be filled consistent 34 with eligibility requirements by a special election within the 35 -3- SF638.2545.H (1) 88 md 3/ 12

congressional district where the vacancy occurs, such election 1 to be conducted as provided in sections 46.9 and 46.10 . An 2 appointive commissioner shall be deemed to have submitted a 3 resignation if the commissioner fails to attend a meeting of 4 the commission that is properly noticed under section 46.13 5 and at which the commission conducts interviews or selects 6 nominees for judicial office. The governor, in the governor’s 7 discretion, may accept or reject the resignation. If the 8 governor accepts the resignation, the governor shall notify the 9 commissioner and the chairperson of the commission in writing 10 and shall then make another appointment. 11 3. Vacancies in the office of elective judicial nominating 12 commissioner of district judicial nominating commissions shall 13 be filled consistent with eligibility requirements and by 14 majority vote of the authorized number of elective members of 15 the particular commission, at a meeting of such members called 16 in the manner provided in section 46.13 . The term of judicial 17 nominating commissioners so chosen shall commence upon their 18 selection by a special election within the judicial election 19 district or congressional district where the vacancy occurs 20 unless the term has less than ninety days remaining, in which 21 case the office shall remain vacant. The special election 22 shall be completed within ninety days of the vacancy arising 23 and shall be conducted as provided in sections 46.9, 46.9A, and 24 46.10 . 25 4. If a vacancy occurs in the office of chairperson of a the 26 state judicial nominating commission, or in the members of the 27 commission shall elect a new chairperson as provided in section 28 46.6. If a vacancy occurs in the office of chairperson of a 29 district judicial nominating commission or in the absence of 30 the chairperson, the members of the particular commission shall 31 elect a temporary chairperson from their own number. 32 5. When a vacancy in an office of an elective judicial 33 nominating commissioner occurs, the state court administrator 34 shall cause to be mailed to each member of the bar whose name 35 -4- SF638.2545.H (1) 88 md 4/ 12

appears on the certified list prepared pursuant to section 46.8 1 for the district or districts affected, a notice stating the 2 existence of the vacancy, the requirements for eligibility, 3 and the manner in which the vacancy will be filled. Other 4 items may be included in the same mailing if they are on sheets 5 separate from the notice. The election of a district judicial 6 nominating commissioner or the close of nominations for a state 7 judicial nominating commissioner shall not occur until thirty 8 days after the mailing of the notice. Notwithstanding section 9 69.1A, appointed and elected commissioners on the state and 10 district judicial nominating commissions shall not hold over 11 until their successor is elected and qualified. 12 6. All judicial nominating commissioners, including 13 those elected by the bar, shall be subject to removal by 14 the executive council in the same manner as appointive state 15 officers under section 66.26. When the status of a judicial 16 nominating commissioner is in question, the governor shall be 17 the officer responsible for deciding whether a vacancy exists 18 under section 69.2. 19 Sec. ___. Section 46.6, Code 2019, is amended to read as 20 follows: 21 46.6 Equal seniority Chairperson . 22 If the judges of longest service, other than the chief 23 justice, of the supreme court or of the district court in 24 a district are of equal service, the eldest of such judges 25 shall be chairperson of the particular judicial nominating 26 commission. 27 1. The commissioners of the state judicial nominating 28 commission shall elect a chairperson from their own number. 29 The chairperson shall serve a two-year term that expires 30 on April 30 of even-numbered years. A commissioner may be 31 reelected for a second or third term as chairperson. If a 32 chairperson of a judicial nominating commission desires to 33 be relieved of the duties of chairperson while retaining the 34 status of commissioner, the chairperson shall notify the 35 -5- SF638.2545.H (1) 88 md 5/ 12

governor and the other commissioners of the commission. At the 1 next meeting of the commission, the commissioners shall elect a 2 new chairperson for the remainder of the two-year term. 3 2. The judge of longest service in the district shall serve 4 as the chair of a particular district judicial nominating 5 commission. If the judges of longest service in the district 6 are of equal service, the eldest of such judges shall be 7 chairperson of the particular judicial nominating commission. 8 Sec. ___. Section 46.7, Code 2019, is amended to read as 9 follows: 10 46.7 Eligibility to vote. 11 To be eligible to vote in elections of judicial nominating 12 commissioners, a member of the bar must be eligible to 13 practice and must be a resident of the state of Iowa and of 14 the appropriate congressional district or judicial election 15 district as shown by the member’s most recent filing with the 16 supreme court for the purposes of showing compliance with 17 the court’s continuing legal education requirements, or for 18 members of the bar eligible to practice who are not required 19 to file such compliance, any paper on file by July 1 with the 20 state court administrator, for the purpose of establishing 21 eligibility to vote under this section , which the court 22 determines to show the requisite residency requirements at the 23 time the member votes in the election . The member’s residency 24 shall be determined by the home address shown on the member’s 25 most recent electronic or paper submission to the commission 26 on continuing education and the client security commission or 27 on the member’s bar admission records. A judge who has been 28 admitted to the bar of the state of Iowa shall be considered a 29 member of the bar. 30 Sec. ___. Section 46.8, Code 2019, is amended to read as 31 follows: 32 46.8 Certified list. 33 1. Each year the The state court administrator shall certify 34 a maintain a certified list of the names, addresses, electronic 35 -6- SF638.2545.H (1) 88 md 6/ 12

mail addresses, and years of admission of members of the bar 1 who are eligible to vote for state and district judicial 2 nominating commissioners. 3 2. Upon request, the state court administrator shall 4 provide the certified list in electronic form and without 5 charge to any properly qualified nominee for state or district 6 judicial nominating commissioner. 7 Sec. ___. Section 46.9, Code 2019, is amended to read as 8 follows: 9 46.9 Conduct of elections. 10 1. When an election of judicial nominating commissioners 11 is to be held, the state court administrator shall administer 12 the voting. The state court administrator may administer 13 the voting by electronic notification and voting or by paper 14 ballot mailed to each eligible attorney. The state court 15 administrator shall mail paper ballots to eligible attorneys or 16 electronically notify and enable eligible attorneys to vote. 17 The elector receiving the most votes shall be elected. When 18 more than one commissioner is to be elected, the electors 19 receiving the most votes shall be elected, in the same number 20 as the offices to be filled. 21 2. The state court administrator shall provide a voting 22 period of at least twenty-one days from when the electronic 23 voting notification is sent or the paper ballots are mailed 24 during which eligible attorneys may vote electronically or 25 submit a paper ballot. 26 3. In an election to elect a single commissioner, each 27 eligible attorney may cast a single vote, and the qualified 28 eligible elector receiving the most votes shall be elected. 29 4. In an election to elect one male commissioner and one 30 female commissioner, each eligible attorney may cast one vote 31 for male commissioner and one vote for female commissioner, and 32 the qualified eligible elector of each gender receiving the 33 most votes shall each be elected. 34 5. The election results, including the number of votes cast 35 -7- SF638.2545.H (1) 88 md 7/ 12

for each elector and the total number of the members of the 1 bar eligible to vote in each election, shall be made publicly 2 available on the judicial branch internet site and shall be 3 reported to the governor and to the general assembly within ten 4 days after the conclusion of the election. 5 Sec. ___. Section 46.9A, Code 2019, is amended to read as 6 follows: 7 46.9A Notice preceding nomination of elective nominating 8 commissioners. 9 At least sixty days prior to the expiration of the term of an 10 elective state or district judicial nominating commissioner or 11 the expiration of the period within which a special election 12 must be held , the state court administrator shall mail paper 13 ballots to eligible attorneys or electronically notify and 14 enable eligible attorneys to vote. An eligible attorney is 15 a member of the bar whose name appears on the certified list 16 prepared pursuant to section 46.8 for the district or districts 17 affected provide notice of the current or upcoming vacancy 18 and the nomination and election process by making the notice 19 publicly available on the judicial branch internet site, 20 issuing a press release, and electronically notifying members 21 of the bar. The election shall not commence until at least 22 thirty days after the issuance of the notice required by this 23 section . 24 Sec. ___. Section 46.10, Code 2019, is amended to read as 25 follows: 26 46.10 Nomination of elective judicial nominating 27 commissioners. 28 1. In order to have an eligible elector’s name printed 29 on the ballot for state or district judicial nominating 30 commissioner, the eligible elector must file in the office of 31 the state court administrator at least thirty days prior to 32 expiration of the period within which the election must be 33 held a nominating petition signed by at least fifty resident 34 members of the bar ten eligible electors of the congressional 35 -8- SF638.2545.H (1) 88 md 8/ 12

district in case of a candidate for state judicial nominating 1 commissioner, or at least ten resident members of the bar 2 eligible electors of the judicial district in case of a 3 candidate for district judicial nominating commissioner. No 4 member of the bar may sign more nominating petitions for state 5 or district judicial nominating commissioner than there are 6 such commissioners to be elected. 7 2. Ballots or electronic voting forms for state and district 8 judicial nominating commissioners shall contain blank lines 9 equal to the number of such commissioners to be elected, where 10 names may be written in. Any electronic voting form must 11 permit a voter to write in the name of any eligible elector. 12 Sec. ___. Section 46.11, Code 2019, is amended to read as 13 follows: 14 46.11 Certification of commissioners. 15 The Upon making an appointment, the governor and the state 16 court administrator respectively shall promptly certify 17 the names and addresses of appointive and elective judicial 18 nominating commissioners to the state commissioner of 19 elections and the chairperson of the respective nominating 20 commissions . Upon the completion of an election, the state 21 court administrator shall certify the names and addresses of 22 the elected judicial nominating commissioners to the state 23 commissioner of elections and the governor. 24 Sec. ___. Section 46.12, subsection 1, Code 2019, is amended 25 to read as follows: 26 1. When a vacancy occurs or will occur within one hundred 27 twenty days in the supreme court, the court of appeals, or 28 district court, the state commissioner of elections shall 29 forthwith so notify the chairperson of the proper judicial 30 nominating commission governor . The chairperson governor shall 31 call a meeting of the proper judicial nominating commission 32 within ten days after such notice; if the chairperson governor 33 fails to do so, the chief justice shall call such meeting. 34 Sec. ___. Section 46.13, Code 2019, is amended to read as 35 -9- SF638.2545.H (1) 88 md 9/ 12

follows: 1 46.13 Notice of meetings and application process . 2 1. The governor or chairperson of each judicial nominating 3 commission shall give the members of the commission at least 4 five days’ written notice by mail or electronic mail of the 5 time and place of every meeting, except as to members who 6 execute written waivers of notice at or before the meeting or 7 unless the commission at its next previous meeting designated 8 the time and place of the meeting. 9 2. Each commission, with the technical support of the 10 judicial branch, shall publish all of the following on the 11 judicial branch internet site: 12 a. Notice that the commission is accepting applications 13 for judge or justice along with a copy of the application form 14 at least two weeks before applications are required to be 15 submitted to the commission. 16 b. Copies of nonconfidential application materials submitted 17 by applicants. 18 c. The schedule of applicant interviews before the 19 commission. 20 d. The list of nominees submitted by the commission to the 21 governor and the chief justice. 22 3. Commissioners shall be permitted to conduct individual 23 interviews with applicants in advance of the commission’s 24 meetings to choose the nominees. 25 4. The state judicial nominating commission shall adopt 26 uniform rules for the state and district judicial nominating 27 commissions that shall be consistent with this chapter 28 and shall provide for a uniform and fair process for the 29 commissions to consider applicants and select nominees. The 30 state judicial nominating commission shall provide for a public 31 comment period of at least thirty days on its proposed uniform 32 rules prior to adopting the rules and shall adopt the rules 33 within six months of the effective date of this division of 34 this Act. Such rules shall be made publicly available on the 35 -10- SF638.2545.H (1) 88 md 10/ 12

judicial branch internet site. 1 Sec. ___. NEW SECTION . 46.15A Severability and judicial 2 review. 3 1. If any provision or clause of this chapter or any 4 application of this chapter to any person or circumstances 5 is held invalid, such invalidity shall not affect other 6 provisions, clauses, or applications of this chapter which can 7 be given effect without the invalid provision or application, 8 and to this end the provisions and clauses of this chapter are 9 declared to be severable. 10 2. Notwithstanding any provision of law to the contrary, 11 if any provision of this chapter is preliminarily enjoined, 12 no judicial nominating commission shall meet to nominate 13 persons to serve as a judge or justice while the preliminary 14 injunction is in effect or while any appeal of the preliminary 15 injunction or a related permanent injunction is pending unless 16 the injunction is subsequently stayed or otherwise lifted. 17 Sec. ___. EFFECTIVE UPON ENACTMENT. This division of this 18 Act, being deemed of immediate importance, takes effect upon 19 enactment. 20 DIVISION ___ 21 CHIEF JUSTICE SELECTION 22 Sec. ___. Section 602.4103, Code 2019, is amended to read 23 as follows: 24 602.4103 Chief justice. 25 The justices of the supreme court shall select one justice as 26 chief justice, to serve during that justice’s term of office. 27 1. At the first meeting in each odd-numbered year, the 28 justices of the supreme court by majority vote shall designate 29 one justice as chief justice, to serve for a two-year term. 30 A vacancy in the office of chief justice shall be filled for 31 the remainder of the unexpired term by majority vote of the 32 justices of the supreme court, after any vacancy on the court 33 has been filled. 34 2. If the chief justice desires to be relieved of the duties 35 -11- SF638.2545.H (1) 88 md 11/ 12

of chief justice while retaining the status of justice of the 1 supreme court, the chief justice shall notify the governor and 2 the other justices of the supreme court. The office of chief 3 justice shall be deemed vacant, and shall be filled as provided 4 in this section. 5 3. The chief justice is eligible for reselection. 6 4. The chief justice shall appoint one of the other justices 7 to act during the absence or inability of the chief justice 8 to act, and when so acting the appointee has all the rights, 9 duties, and powers of the chief justice. 10 Sec. ___. NEW SECTION . 602.4103A Transition provisions. 11 1. The term of the chief justice serving on the effective 12 date of this division of this Act shall expire on January 13 15, 2021, or upon the conclusion of the first meeting of the 14 justices of the supreme court in January 2021, whichever occurs 15 earlier. 16 2. If the office of chief justice becomes vacant prior to 17 the expiration of the term in January 2021, the office shall be 18 filled for the remainder of the unexpired term as provided for 19 in section 602.4103. 20 3. This section is repealed July 1, 2021. > 21 3. By renumbering as necessary. 22 -12- SF638.2545.H (1) 88 md 12/ 12