S.F. 263 Section 1. NEW SECTION . 39.19 Judicial nominating 1 commission members. 2 1. There shall be elected, on a nonpartisan basis coincident 3 to each regular city election, the elective members of the 4 state and district judicial nominating commissions. 5 2. Notwithstanding section 49.30, for purposes of 6 administering an election held to elect members of the state 7 or district judicial nominating commissions, the county 8 commissioner of elections may print judicial nominating 9 commission offices on separate ballots. 10 Sec. 2. Section 46.2, Code 2017, is amended to read as 11 follows: 12 46.2 Election of state judicial nominating commissioners. 13 The resident members of the bar registered voters of each 14 congressional district shall elect one two eligible elector 15 electors of the district to the state judicial nominating 16 commission for a staggered six-year term beginning July 1 17 terms . The terms of no more than three nor less than two of 18 the members shall expire within the same two-year period, the 19 expiration dates being governed by the expiration dates of the 20 terms of the original appointive members. The members of the 21 bar of the respective congressional districts shall in January, 22 immediately preceding the expiration of the term of a member 23 of the commission, elect a successor for a like term. For 24 the first elective term open on or after July 1, 1987, in the 25 odd-numbered districts the elected member shall be a woman and 26 in the even-numbered districts the elected member shall be a 27 man. Thereafter, the districts shall alternate between women 28 and men elected members The elections for members under this 29 section shall be held coincident to the regular city election . 30 Sec. 3. Section 46.2A, subsections 2 and 3, Code 2017, are 31 amended to read as follows: 32 2. Notwithstanding sections section 46.1 and 46.2 , the 33 terms of the appointed and elected members of the state 34 judicial nominating commission serving on December 31, 2012, 35 -1- LSB 1181XS (2) 87 aw/rj 1/ 10

S.F. 263 shall expire on that date. 1 3. The terms of newly appointed and elected members of the 2 state judicial nominating commission shall commence on January 3 1, 2013, based upon the number of congressional districts as 4 enacted pursuant to chapter 42 . 5 Sec. 4. Section 46.2A, Code 2017, is amended by adding the 6 following new subsections: 7 NEW SUBSECTION . 4A. Notwithstanding section 46.2, the 8 terms of the elected members of the state judicial nominating 9 commission serving on December 31, 2017, shall expire on that 10 date. 11 NEW SUBSECTION . 4B. The terms of newly elected members 12 of the state judicial nominating commission shall commence on 13 January 1, 2018, following the judicial nominating commission 14 election held coincident to the 2017 regular city election. 15 Sec. 5. Section 46.2A, subsections 5 and 6, Code 2017, are 16 amended to read as follows: 17 5. The initial term of the elected members elected pursuant 18 to subsection 4B shall be as follows: 19 a. In the congressional district described as the first 20 district, there shall be one member with a term of two years 21 and one member with a term of four years. 22 b. In the congressional district described as the second 23 district, there shall be one member with a term of four years 24 and one member with a term of six years. 25 c. In the congressional district described as the third 26 district, there shall be one member with a term of two years 27 and one member with a term of six years. 28 d. In the congressional district described as the fourth 29 district, there shall be one member with a term of four years 30 and one member with a term of six years. 31 6. The appointed and elected members from each 32 congressional district shall be gender balanced as provided in 33 section 69.16A . 34 Sec. 6. Section 46.4, Code 2017, is amended to read as 35 -2- LSB 1181XS (2) 87 aw/rj 2/ 10

S.F. 263 follows: 1 46.4 Election of district judicial nominating commissioners. 2 1. The resident members of the bar registered voters of each 3 judicial election district shall elect five eligible electors 4 of the district to the district judicial nominating commission. 5 Commissioners shall be elected to staggered terms of six years 6 each. The elections shall be held in the month of January 7 coincident to the regular city election for terms commencing 8 February January 1 of even-numbered years. 9 For terms commencing February 1, 1988, and every six years 10 thereafter, one elected commissioner in each district shall 11 be a woman and one shall be a man. For terms commencing 12 February 1, 1990, and every six years thereafter, one elected 13 commissioner in each district shall be a woman and one shall 14 be a man. For the term commencing February 1, 1992, in 15 the odd-numbered districts the elected commissioner shall 16 be a woman and in the even-numbered districts the elected 17 commissioner shall be a man. For the terms commencing every 18 six years thereafter, the districts shall alternate between 19 women and men elected commissioners. 20 2. Five members shall be elected in 2017 to initial terms, 21 with the two candidates receiving the greatest number of votes 22 in the district being elected to full six-year terms, the two 23 candidates receiving the next greatest number of votes being 24 elected to initial terms of four years, and the candidate 25 receiving the next greatest number of votes being elected to 26 an initial term of two years. 27 3. The terms of the elected members of the district judicial 28 nominating commissions serving on December 31, 2017, shall 29 expire on that date. 30 Sec. 7. Section 46.5, subsections 2 and 3, Code 2017, are 31 amended to read as follows: 32 2. Except where the term has less than ninety days 33 remaining, vacancies Vacancies in the office of elective member 34 of the state judicial nominating commission shall be filled 35 -3- LSB 1181XS (2) 87 aw/rj 3/ 10

S.F. 263 consistent with eligibility requirements by a special election 1 within the congressional district where the vacancy occurs, 2 such election to be conducted as provided in sections 46.9 and 3 46.10 by special election, unless the vacancy occurs less than 4 one hundred eighty days before the end of the term of office . 5 The governor shall order the special election not later than 6 five days from the date the vacancy exists, giving not less 7 than forty days’ notice of such election. Any special election 8 called under this subsection must be held on a Tuesday and 9 shall not be held on the same day as a school election within 10 the district. 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 and continue for the remainder of the unexpired term . 19 Sec. 8. Section 46.5, subsection 5, Code 2017, is amended by 20 striking the subsection. 21 Sec. 9. Section 46.9, Code 2017, is amended by striking the 22 section and inserting in lieu thereof the following: 23 46.9 Conduct of elections. 24 1. Regular elections called by the state or district 25 judicial nominating commissions for the election of commission 26 members under this chapter shall be held on the date of the 27 regular city election as fixed by section 376.1. The election 28 notice shall be made a part of the regular city election 29 notice published as provided in section 49.53 in each judicial 30 district and the election shall be conducted by the county 31 commissioner of elections pursuant to chapters 39 through 53 32 and this chapter. 33 2. Ballots for state and district judicial nominating 34 commissioners shall be arranged as provided for nonpartisan 35 -4- LSB 1181XS (2) 87 aw/rj 4/ 10

S.F. 263 regular city elections under section 49.31, subsection 3. 1 Sec. 10. Section 46.10, Code 2017, is amended to read as 2 follows: 3 46.10 Nomination of elective nominating commissioners. 4 1. In order to have an eligible elector’s name printed 5 on the ballot for state or district judicial nominating 6 commissioner, the eligible elector must file in the office 7 of the state court administrator commissioner of elections 8 at least thirty one hundred four days prior to expiration 9 of the period within which the election must be held the 10 judicial nominating commission election a nominating petition 11 signed by at least fifty resident members of the bar eligible 12 electors of the congressional district in case of a candidate 13 for state judicial nominating commissioner, or at least 14 ten resident members of the bar eligible electors of the 15 judicial district in case of a candidate for district judicial 16 nominating commissioner. No member of the bar may sign more 17 nominating petitions for state or district judicial nominating 18 commissioner than there are such commissioners to be elected. 19 2. Ballots or electronic voting forms for state and district 20 judicial nominating commissioners shall contain blank lines 21 equal to the number of such commissioners to be elected, where 22 names may be written in. 23 2. a. Objections to the legal sufficiency of a nomination 24 petition or to the eligibility of a candidate may be filed by 25 any person who would have the right to vote for a candidate for 26 the office in question. 27 b. The objection must be filed with the state commissioner 28 at least seventy-four days before the day of the election at 29 which members of the commission are elected. When objections 30 are filed, notice shall be given within seventy-two hours by 31 certified mail to the candidate affected, addressed to the 32 candidate’s place of residence as given on the candidate’s 33 affidavit, stating that objections have been made to the legal 34 sufficiency of the petition or to the eligibility of the 35 -5- LSB 1181XS (2) 87 aw/rj 5/ 10

S.F. 263 candidate, and also stating the time and place the objections 1 will be considered. 2 c. Objections filed under this subsection shall be 3 considered by the secretary of state, auditor of state, and 4 attorney general. 5 Sec. 11. Section 46.11, Code 2017, is amended to read as 6 follows: 7 46.11 Certification of commissioners. 8 The governor and the state court administrator commissioners 9 of elections respectively shall promptly certify the names 10 and addresses of appointive and elective judicial nominating 11 commissioners to the state commissioner of elections and the 12 chairperson of the respective nominating commissions. 13 Sec. 12. Section 46.18, Code 2017, is amended to read as 14 follows: 15 46.18 Eligibility of voters. 16 Electors entitled to vote at the general election shall be 17 entitled to vote at the judicial election and the state and 18 district judicial nominating commission election . All voting 19 procedures provided by chapter 53 for absent voting by armed 20 forces in general elections shall be applicable to judicial and 21 state and district judicial nominating commission elections. 22 Sec. 13. Section 602.6501, subsection 1, paragraph c, Code 23 2017, is amended to read as follows: 24 c. Two attorneys elected by the attorneys in registered 25 voters of the county, or the lesser number provided in section 26 602.6504, subsection 1 . 27 Sec. 14. Section 602.6504, Code 2017, is amended to read as 28 follows: 29 602.6504 Commissioners elected by attorneys registered 30 voters . 31 1. The resident attorneys registered voters of each county 32 shall elect , on a nonpartisan basis, two resident attorneys 33 of the county to the magistrate appointing commission for 34 six-year terms beginning on January 1, 1979 at the state and 35 -6- LSB 1181XS (2) 87 aw/rj 6/ 10

S.F. 263 district judicial nomination commission elections held pursuant 1 to sections 46.2A and 46.4 , and each sixth year thereafter 2 at the state and district judicial nomination commission 3 elections . An election shall be held in December preceding the 4 commencement of new terms. The attorneys registered voters 5 in a county may elect only one commissioner if there is only 6 one who is qualified and willing to serve and if there are no 7 resident attorneys in a county or none is willing to serve as a 8 commissioner, none shall be elected. 9 2. A county attorney shall not be elected to the commission. 10 3. An attorney is eligible to vote in elections of 11 magistrate appointing commissioners within a county if eligible 12 to vote under sections 46.7 and 46.8 , and if a resident of the 13 county. 14 4. In order to be placed on the ballot for county magistrate 15 appointing commission, an eligible attorney elector shall 16 file a nomination petition , signed by at least ten eligible 17 electors of the county, in the office of the clerk of court on 18 or before November 30 of the year in which the election for 19 attorney positions is to occur county commissioner of elections 20 at least one hundred four days prior to the judicial nominating 21 commission election . This subsection does not preclude 22 write-in votes at the time of the election. 23 5. a. When an a judicial nomination commission election of 24 magistrate appointing commissioners is to be held that requires 25 the election of magistrate appointing commissioners , the clerk 26 of the district court for each county commissioner of elections 27 shall cause to be mailed to each eligible attorney a ballot 28 that is in substantially the following form: 29 BALLOT 30 County Magistrate Appointing Commission 31 To be cast by the resident members of the bar of 32 ...... county. 33 Vote for (state number) for ...... county judicial 34 magistrate appointing commissioner(s) for term commencing 35 -7- LSB 1181XS (2) 87 aw/rj 7/ 10

S.F. 263 ...... 1 ......... 2 ......... 3 To be counted, this ballot must be completed and mailed or 4 delivered to clerk of the district court, ........ , no later 5 than December 31, ... (year) (or the appropriate date in 6 case of an election to fill a vacancy) include the office of 7 magistrate appointing commissioner on the judicial nomination 8 commission ballot . 9 b. An eligible elector may file an objection to the 10 legal sufficiency of a nomination petition with the county 11 commissioner of elections as otherwise provided for in sections 12 44.4 and 44.7. 13 Sec. 15. Section 602.6505, Code 2017, is amended to read as 14 follows: 15 602.6505 Vacancy. 16 A vacancy in the office of magistrate appointing 17 commissioner shall be filled for the unexpired term in the 18 same manner as the original appointment was made as provided 19 in section 69.14A . 20 Sec. 16. Section 602.8102, subsection 14, Code 2017, is 21 amended by striking the subsection. 22 Sec. 17. REPEAL. Sections 46.7, 46.8, and 46.9A, Code 2017, 23 are repealed. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill requires that elective members of the state 28 and district judicial nominating commissions be elected to 29 six-year, staggered terms by the registered voters of the 30 state, on a nonpartisan basis. The judicial nominating 31 commission elections are required to be held coincident to the 32 regular city elections, in November of odd-numbered years, but 33 offices for the judicial nominating commission election may be 34 printed on a separate ballot. The elective members on these 35 -8- LSB 1181XS (2) 87 aw/rj 8/ 10

S.F. 263 commissions are currently elected to six-year terms by members 1 of the Iowa bar, as provided under Article V, section 16, of 2 the Iowa Constitution. Article V, section 16, of the Iowa 3 Constitution also, however, provides that the composition and 4 selection of members of commissions may be changed by law. 5 Under the bill, candidates for elective membership on the 6 state judicial nomination commission (state commission) are 7 elected by congressional district and must file a nominating 8 petition with the state commissioner of elections (secretary of 9 state) at least 104 days before the election, the same filing 10 period for judges seeking retention at judicial elections. 11 Such candidates are required to submit nomination petitions 12 with the signatures of at least 50 eligible electors from the 13 congressional district. 14 Under the bill, candidates for elective membership on the 15 district judicial nomination commissions (district commissions) 16 are elected by judicial district and must also file a 17 nominating petition with the state commissioner of elections 18 at least 104 days before the election. Such candidates are 19 required to submit nomination petitions with the signatures of 20 at least 10 eligible electors from the judicial district. 21 For state and district commissions, the bill also allows 22 eligible electors to file objections to nomination petitions in 23 the same manner as provided for objections for candidates for 24 election to the general assembly. 25 Under the bill, candidates for elective membership on 26 the county magistrate appointing commissions are elected by 27 county and must file a nominating petition with the county 28 commissioner of elections at least 104 days before the 29 election. Such candidates are required to submit nomination 30 petitions with the signatures of at least 10 eligible electors 31 from the county. The bill allows eligible electors to file 32 objections to nomination petitions in the same manner as 33 provided for other county officers. 34 The bill requires that vacancies that occur on the state 35 -9- LSB 1181XS (2) 87 aw/rj 9/ 10

S.F. 263 commission are to be filled by special election called by the 1 governor if the vacancy occurs more than 180 days before the 2 end of the term of office. The bill maintains current law 3 for the filling of vacancies for district commissions. Under 4 Article V, section 16, of the Iowa Constitution, a person 5 is prohibited from serving on a state or district judicial 6 nomination commission for more than one term. The bill also 7 provides that a vacancy on a magistrate appointing commission 8 may be filled in the same manner as vacancies for other 9 elective county offices. 10 The bill makes additional conforming changes. 11 -10- LSB 1181XS (2) 87 aw/rj 10/ 10