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Senate File 263 - IntroducedA Bill ForAn Act 1requiring that elective members of the state and
2district judicial nominating commissions, and the county
3magistrate nominating commissions, be elected by the
4registered voters of the state.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 39.19 Judicial nominating
2commission members.
31. There shall be elected, on a nonpartisan basis coincident
4to each regular city election, the elective members of the
5state and district judicial nominating commissions.
62. Notwithstanding section 49.30, for purposes of
7administering an election held to elect members of the state
8or district judicial nominating commissions, the county
9commissioner of elections may print judicial nominating
10commission offices on separate ballots.
11 Sec. 2. Section 46.2, Code 2017, is amended to read as
12follows:
1346.2 Election of state judicial nominating commissioners.
14The resident members of the bar registered voters of each
15congressional district shall elect one two eligible elector
16 electors of the district to the state judicial nominating
17commission for a staggered six-year term beginning July 1
18 terms. The terms of no more than three nor less than two of
19the members shall expire within the same two-year period, the
20expiration dates being governed by the expiration dates of the
21terms of the original appointive members. The members of the
22bar of the respective congressional districts shall in January,
23immediately preceding the expiration of the term of a member
24of the commission, elect a successor for a like term. For
25the first elective term open on or after July 1, 1987, in the
26odd-numbered districts the elected member shall be a woman and
27in the even-numbered districts the elected member shall be a
28man. Thereafter, the districts shall alternate between women
29and men elected members The elections for members under this
30section shall be held coincident to the regular city election.
31 Sec. 3. Section 46.2A, subsections 2 and 3, Code 2017, are
32amended to read as follows:
332. Notwithstanding sections section 46.1 and 46.2, the
34terms of the appointed and elected members of the state
35judicial nominating commission serving on December 31, 2012,
-1-1shall expire on that date.
23. The terms of newly appointed and elected members of the
3state judicial nominating commission shall commence on January
41, 2013, based upon the number of congressional districts as
5enacted pursuant to chapter 42.
6 Sec. 4. Section 46.2A, Code 2017, is amended by adding the
7following new subsections:
8 NEW SUBSECTION. 4A. Notwithstanding section 46.2, the
9terms of the elected members of the state judicial nominating
10commission serving on December 31, 2017, shall expire on that
11date.
12 NEW SUBSECTION. 4B. The terms of newly elected members
13of the state judicial nominating commission shall commence on
14January 1, 2018, following the judicial nominating commission
15election held coincident to the 2017 regular city election.
16 Sec. 5. Section 46.2A, subsections 5 and 6, Code 2017, are
17amended to read as follows:
185. The initial term of the elected members elected pursuant
19to subsection 4B shall be as follows:
20a. In the congressional district described as the first
21district, there shall be one member with a term of two years
22and one member with a term of four years.
23b. In the congressional district described as the second
24district, there shall be one member with a term of four years
25and one member with a term of six years.
26c. In the congressional district described as the third
27district, there shall be one member with a term of two years
28and one member with a term of six years.
29d. In the congressional district described as the fourth
30district, there shall be one member with a term of four years
31and one member with a term of six years.
326. The appointed and elected members from each
33congressional district shall be gender balanced as provided in
34section 69.16A.
35 Sec. 6. Section 46.4, Code 2017, is amended to read as
-2-1follows:
246.4 Election of district judicial nominating commissioners.
31. The resident members of the bar registered voters of each
4judicial election district shall elect five eligible electors
5of the district to the district judicial nominating commission.
6Commissioners shall be elected to staggered terms of six years
7each. The elections shall be held in the month of January
8 coincident to the regular city election for terms commencing
9February January 1 of even-numbered years.
10For terms commencing February 1, 1988, and every six years
11thereafter, one elected commissioner in each district shall
12be a woman and one shall be a man. For terms commencing
13February 1, 1990, and every six years thereafter, one elected
14commissioner in each district shall be a woman and one shall
15be a man. For the term commencing February 1, 1992, in
16the odd-numbered districts the elected commissioner shall
17be a woman and in the even-numbered districts the elected
18commissioner shall be a man. For the terms commencing every
19six years thereafter, the districts shall alternate between
20women and men elected commissioners.
212. Five members shall be elected in 2017 to initial terms,
22with the two candidates receiving the greatest number of votes
23in the district being elected to full six-year terms, the two
24candidates receiving the next greatest number of votes being
25elected to initial terms of four years, and the candidate
26receiving the next greatest number of votes being elected to
27an initial term of two years.
283. The terms of the elected members of the district judicial
29nominating commissions serving on December 31, 2017, shall
30expire on that date.
31 Sec. 7. Section 46.5, subsections 2 and 3, Code 2017, are
32amended to read as follows:
332. Except where the term has less than ninety days
34remaining, vacancies Vacancies in the office of elective member
35of the state judicial nominating commission shall be filled
-3-1consistent with eligibility requirements by a special election
2within the congressional district where the vacancy occurs,
3such election to be conducted as provided in sections 46.9 and
446.10 by special election, unless the vacancy occurs less than
5one hundred eighty days before the end of the term of office.
6The governor shall order the special election not later than
7five days from the date the vacancy exists, giving not less
8than forty days’ notice of such election. Any special election
9called under this subsection must be held on a Tuesday and
10shall not be held on the same day as a school election within
11the district.
123. Vacancies in the office of elective judicial nominating
13commissioner of district judicial nominating commissions shall
14be filled consistent with eligibility requirements and by
15majority vote of the authorized number of elective members of
16the particular commission, at a meeting of such members called
17in the manner provided in section 46.13. The term of judicial
18nominating commissioners so chosen shall commence upon their
19selection and continue for the remainder of the unexpired term.
20 Sec. 8. Section 46.5, subsection 5, Code 2017, is amended by
21striking the subsection.
22 Sec. 9. Section 46.9, Code 2017, is amended by striking the
23section and inserting in lieu thereof the following:
2446.9 Conduct of elections.
251. Regular elections called by the state or district
26judicial nominating commissions for the election of commission
27members under this chapter shall be held on the date of the
28regular city election as fixed by section 376.1. The election
29notice shall be made a part of the regular city election
30notice published as provided in section 49.53 in each judicial
31district and the election shall be conducted by the county
32commissioner of elections pursuant to chapters 39 through 53
33and this chapter.
342. Ballots for state and district judicial nominating
35commissioners shall be arranged as provided for nonpartisan
-4-1regular city elections under section 49.31, subsection 3.
2 Sec. 10. Section 46.10, Code 2017, is amended to read as
3follows:
446.10 Nomination of elective nominating commissioners.
51. In order to have an eligible elector’s name printed
6on the ballot for state or district judicial nominating
7commissioner, the eligible elector must file in the office
8of the state court administrator commissioner of elections
9 at least thirty one hundred four days prior to expiration
10of the period within which the election must be held the
11judicial nominating commission election a nominating petition
12signed by at least fifty resident members of the bar eligible
13electors of the congressional district in case of a candidate
14for state judicial nominating commissioner, or at least
15ten resident members of the bar eligible electors of the
16judicial district in case of a candidate for district judicial
17nominating commissioner. No member of the bar may sign more
18nominating petitions for state or district judicial nominating
19commissioner than there are such commissioners to be elected.
202. Ballots or electronic voting forms for state and district
21judicial nominating commissioners shall contain blank lines
22equal to the number of such commissioners to be elected, where
23names may be written in.
242. a. Objections to the legal sufficiency of a nomination
25petition or to the eligibility of a candidate may be filed by
26any person who would have the right to vote for a candidate for
27the office in question.
28b. The objection must be filed with the state commissioner
29at least seventy-four days before the day of the election at
30which members of the commission are elected. When objections
31are filed, notice shall be given within seventy-two hours by
32certified mail to the candidate affected, addressed to the
33candidate’s place of residence as given on the candidate’s
34affidavit, stating that objections have been made to the legal
35sufficiency of the petition or to the eligibility of the
-5-1candidate, and also stating the time and place the objections
2will be considered.
3c. Objections filed under this subsection shall be
4considered by the secretary of state, auditor of state, and
5attorney general.
6 Sec. 11. Section 46.11, Code 2017, is amended to read as
7follows:
846.11 Certification of commissioners.
9The governor and the state court administrator commissioners
10of elections respectively shall promptly certify the names
11and addresses of appointive and elective judicial nominating
12commissioners to the state commissioner of elections and the
13chairperson of the respective nominating commissions.
14 Sec. 12. Section 46.18, Code 2017, is amended to read as
15follows:
1646.18 Eligibility of voters.
17Electors entitled to vote at the general election shall be
18entitled to vote at the judicial election and the state and
19district judicial nominating commission election. All voting
20procedures provided by chapter 53 for absent voting by armed
21forces in general elections shall be applicable to judicial and
22state and district judicial nominating commission elections.
23 Sec. 13. Section 602.6501, subsection 1, paragraph c, Code
242017, is amended to read as follows:
25c. Two attorneys elected by the attorneys in registered
26voters of the county, or the lesser number provided in section
27602.6504, subsection 1.
28 Sec. 14. Section 602.6504, Code 2017, is amended to read as
29follows:
30602.6504 Commissioners elected by attorneys registered
31voters.
321. The resident attorneys registered voters of each county
33shall elect, on a nonpartisan basis, two resident attorneys
34of the county to the magistrate appointing commission for
35six-year terms beginning on January 1, 1979 at the state and
-6-1district judicial nomination commission elections held pursuant
2to sections 46.2A and 46.4, and each sixth year thereafter
3at the state and district judicial nomination commission
4elections. An election shall be held in December preceding the
5commencement of new terms. The attorneys registered voters
6 in a county may elect only one commissioner if there is only
7one who is qualified and willing to serve and if there are no
8resident attorneys in a county or none is willing to serve as a
9commissioner, none shall be elected.
102. A county attorney shall not be elected to the commission.
113. An attorney is eligible to vote in elections of
12magistrate appointing commissioners within a county if eligible
13to vote under sections 46.7 and 46.8, and if a resident of the
14county.
154. In order to be placed on the ballot for county magistrate
16appointing commission, an eligible attorney elector shall
17file a nomination petition, signed by at least ten eligible
18electors of the county, in the office of the clerk of court on
19or before November 30 of the year in which the election for
20attorney positions is to occur county commissioner of elections
21at least one hundred four days prior to the judicial nominating
22commission election. This subsection does not preclude
23write-in votes at the time of the election.
245. a. When an a judicial nomination commission election of
25magistrate appointing commissioners is to be held that requires
26the election of magistrate appointing commissioners, the clerk
27of the district court for each county commissioner of elections
28 shall cause to be mailed to each eligible attorney a ballot
29that is in substantially the following form:
30BALLOT
31County Magistrate Appointing Commission
32To be cast by the resident members of the bar of 33......
county.
34Vote for (state number) for ...... county judicial
35magistrate appointing commissioner(s) for term commencing
-7-1......
2.........
3.........
4To be counted, this ballot must be completed and mailed or
5delivered to clerk of the district court, ........, no later
6than December 31, ... (year) (or the appropriate date in
7case of an election to fill a vacancy) include the office of
8magistrate appointing commissioner on the judicial nomination
9commission ballot.
10b. An eligible elector may file an objection to the
11legal sufficiency of a nomination petition with the county
12commissioner of elections as otherwise provided for in sections
1344.4 and 44.7.
14 Sec. 15. Section 602.6505, Code 2017, is amended to read as
15follows:
16602.6505 Vacancy.
17A vacancy in the office of magistrate appointing
18commissioner shall be filled for the unexpired term in the
19same manner as the original appointment was made as provided
20in section 69.14A.
21 Sec. 16. Section 602.8102, subsection 14, Code 2017, is
22amended by striking the subsection.
23 Sec. 17. REPEAL. Sections 46.7, 46.8, and 46.9A, Code 2017,
24are repealed.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill requires that elective members of the state
29and district judicial nominating commissions be elected to
30six-year, staggered terms by the registered voters of the
31state, on a nonpartisan basis. The judicial nominating
32commission elections are required to be held coincident to the
33regular city elections, in November of odd-numbered years, but
34offices for the judicial nominating commission election may be
35printed on a separate ballot. The elective members on these
-8-1commissions are currently elected to six-year terms by members
2of the Iowa bar, as provided under Article V, section 16, of
3the Iowa Constitution. Article V, section 16, of the Iowa
4Constitution also, however, provides that the composition and
5selection of members of commissions may be changed by law.
6Under the bill, candidates for elective membership on the
7state judicial nomination commission (state commission) are
8elected by congressional district and must file a nominating
9petition with the state commissioner of elections (secretary of
10state) at least 104 days before the election, the same filing
11period for judges seeking retention at judicial elections.
12Such candidates are required to submit nomination petitions
13with the signatures of at least 50 eligible electors from the
14congressional district.
15Under the bill, candidates for elective membership on the
16district judicial nomination commissions (district commissions)
17are elected by judicial district and must also file a
18nominating petition with the state commissioner of elections
19at least 104 days before the election. Such candidates are
20required to submit nomination petitions with the signatures of
21at least 10 eligible electors from the judicial district.
22For state and district commissions, the bill also allows
23eligible electors to file objections to nomination petitions in
24the same manner as provided for objections for candidates for
25election to the general assembly.
26Under the bill, candidates for elective membership on
27the county magistrate appointing commissions are elected by
28county and must file a nominating petition with the county
29commissioner of elections at least 104 days before the
30election. Such candidates are required to submit nomination
31petitions with the signatures of at least 10 eligible electors
32from the county. The bill allows eligible electors to file
33objections to nomination petitions in the same manner as
34provided for other county officers.
35The bill requires that vacancies that occur on the state
-9-1commission are to be filled by special election called by the
2governor if the vacancy occurs more than 180 days before the
3end of the term of office. The bill maintains current law
4for the filling of vacancies for district commissions. Under
5Article V, section 16, of the Iowa Constitution, a person
6is prohibited from serving on a state or district judicial
7nomination commission for more than one term. The bill also
8provides that a vacancy on a magistrate appointing commission
9may be filled in the same manner as vacancies for other
10elective county offices.
11The bill makes additional conforming changes.
-10-aw/rj
2district judicial nominating commissions, and the county
3magistrate nominating commissions, be elected by the
4registered voters of the state.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 39.19 Judicial nominating
2commission members.
31. There shall be elected, on a nonpartisan basis coincident
4to each regular city election, the elective members of the
5state and district judicial nominating commissions.
62. Notwithstanding section 49.30, for purposes of
7administering an election held to elect members of the state
8or district judicial nominating commissions, the county
9commissioner of elections may print judicial nominating
10commission offices on separate ballots.
11 Sec. 2. Section 46.2, Code 2017, is amended to read as
12follows:
1346.2 Election of state judicial nominating commissioners.
14The resident members of the bar registered voters of each
15congressional district shall elect one two eligible elector
16 electors of the district to the state judicial nominating
17commission for a staggered six-year term beginning July 1
18 terms. The terms of no more than three nor less than two of
19the members shall expire within the same two-year period, the
20expiration dates being governed by the expiration dates of the
21terms of the original appointive members. The members of the
22bar of the respective congressional districts shall in January,
23immediately preceding the expiration of the term of a member
24of the commission, elect a successor for a like term. For
25the first elective term open on or after July 1, 1987, in the
26odd-numbered districts the elected member shall be a woman and
27in the even-numbered districts the elected member shall be a
28man. Thereafter, the districts shall alternate between women
29and men elected members The elections for members under this
30section shall be held coincident to the regular city election.
31 Sec. 3. Section 46.2A, subsections 2 and 3, Code 2017, are
32amended to read as follows:
332. Notwithstanding sections section 46.1 and 46.2, the
34terms of the appointed and elected members of the state
35judicial nominating commission serving on December 31, 2012,
-1-1shall expire on that date.
23. The terms of newly appointed and elected members of the
3state judicial nominating commission shall commence on January
41, 2013, based upon the number of congressional districts as
5enacted pursuant to chapter 42.
6 Sec. 4. Section 46.2A, Code 2017, is amended by adding the
7following new subsections:
8 NEW SUBSECTION. 4A. Notwithstanding section 46.2, the
9terms of the elected members of the state judicial nominating
10commission serving on December 31, 2017, shall expire on that
11date.
12 NEW SUBSECTION. 4B. The terms of newly elected members
13of the state judicial nominating commission shall commence on
14January 1, 2018, following the judicial nominating commission
15election held coincident to the 2017 regular city election.
16 Sec. 5. Section 46.2A, subsections 5 and 6, Code 2017, are
17amended to read as follows:
185. The initial term of the elected members elected pursuant
19to subsection 4B shall be as follows:
20a. In the congressional district described as the first
21district, there shall be one member with a term of two years
22and one member with a term of four years.
23b. In the congressional district described as the second
24district, there shall be one member with a term of four years
25and one member with a term of six years.
26c. In the congressional district described as the third
27district, there shall be one member with a term of two years
28and one member with a term of six years.
29d. In the congressional district described as the fourth
30district, there shall be one member with a term of four years
31and one member with a term of six years.
326. The appointed and elected members from each
33congressional district shall be gender balanced as provided in
34section 69.16A.
35 Sec. 6. Section 46.4, Code 2017, is amended to read as
-2-1follows:
246.4 Election of district judicial nominating commissioners.
31. The resident members of the bar registered voters of each
4judicial election district shall elect five eligible electors
5of the district to the district judicial nominating commission.
6Commissioners shall be elected to staggered terms of six years
7each. The elections shall be held in the month of January
8 coincident to the regular city election for terms commencing
9February January 1 of even-numbered years.
10For terms commencing February 1, 1988, and every six years
11thereafter, one elected commissioner in each district shall
12be a woman and one shall be a man. For terms commencing
13February 1, 1990, and every six years thereafter, one elected
14commissioner in each district shall be a woman and one shall
15be a man. For the term commencing February 1, 1992, in
16the odd-numbered districts the elected commissioner shall
17be a woman and in the even-numbered districts the elected
18commissioner shall be a man. For the terms commencing every
19six years thereafter, the districts shall alternate between
20women and men elected commissioners.
212. Five members shall be elected in 2017 to initial terms,
22with the two candidates receiving the greatest number of votes
23in the district being elected to full six-year terms, the two
24candidates receiving the next greatest number of votes being
25elected to initial terms of four years, and the candidate
26receiving the next greatest number of votes being elected to
27an initial term of two years.
283. The terms of the elected members of the district judicial
29nominating commissions serving on December 31, 2017, shall
30expire on that date.
31 Sec. 7. Section 46.5, subsections 2 and 3, Code 2017, are
32amended to read as follows:
332. Except where the term has less than ninety days
34remaining, vacancies Vacancies in the office of elective member
35of the state judicial nominating commission shall be filled
-3-1consistent with eligibility requirements by a special election
2within the congressional district where the vacancy occurs,
3such election to be conducted as provided in sections 46.9 and
446.10 by special election, unless the vacancy occurs less than
5one hundred eighty days before the end of the term of office.
6The governor shall order the special election not later than
7five days from the date the vacancy exists, giving not less
8than forty days’ notice of such election. Any special election
9called under this subsection must be held on a Tuesday and
10shall not be held on the same day as a school election within
11the district.
123. Vacancies in the office of elective judicial nominating
13commissioner of district judicial nominating commissions shall
14be filled consistent with eligibility requirements and by
15majority vote of the authorized number of elective members of
16the particular commission, at a meeting of such members called
17in the manner provided in section 46.13. The term of judicial
18nominating commissioners so chosen shall commence upon their
19selection and continue for the remainder of the unexpired term.
20 Sec. 8. Section 46.5, subsection 5, Code 2017, is amended by
21striking the subsection.
22 Sec. 9. Section 46.9, Code 2017, is amended by striking the
23section and inserting in lieu thereof the following:
2446.9 Conduct of elections.
251. Regular elections called by the state or district
26judicial nominating commissions for the election of commission
27members under this chapter shall be held on the date of the
28regular city election as fixed by section 376.1. The election
29notice shall be made a part of the regular city election
30notice published as provided in section 49.53 in each judicial
31district and the election shall be conducted by the county
32commissioner of elections pursuant to chapters 39 through 53
33and this chapter.
342. Ballots for state and district judicial nominating
35commissioners shall be arranged as provided for nonpartisan
-4-1regular city elections under section 49.31, subsection 3.
2 Sec. 10. Section 46.10, Code 2017, is amended to read as
3follows:
446.10 Nomination of elective nominating commissioners.
51. In order to have an eligible elector’s name printed
6on the ballot for state or district judicial nominating
7commissioner, the eligible elector must file in the office
8of the state court administrator commissioner of elections
9 at least thirty one hundred four days prior to expiration
10of the period within which the election must be held the
11judicial nominating commission election a nominating petition
12signed by at least fifty resident members of the bar eligible
13electors of the congressional district in case of a candidate
14for state judicial nominating commissioner, or at least
15ten resident members of the bar eligible electors of the
16judicial district in case of a candidate for district judicial
17nominating commissioner. No member of the bar may sign more
18nominating petitions for state or district judicial nominating
19commissioner than there are such commissioners to be elected.
202. Ballots or electronic voting forms for state and district
21judicial nominating commissioners shall contain blank lines
22equal to the number of such commissioners to be elected, where
23names may be written in.
242. a. Objections to the legal sufficiency of a nomination
25petition or to the eligibility of a candidate may be filed by
26any person who would have the right to vote for a candidate for
27the office in question.
28b. The objection must be filed with the state commissioner
29at least seventy-four days before the day of the election at
30which members of the commission are elected. When objections
31are filed, notice shall be given within seventy-two hours by
32certified mail to the candidate affected, addressed to the
33candidate’s place of residence as given on the candidate’s
34affidavit, stating that objections have been made to the legal
35sufficiency of the petition or to the eligibility of the
-5-1candidate, and also stating the time and place the objections
2will be considered.
3c. Objections filed under this subsection shall be
4considered by the secretary of state, auditor of state, and
5attorney general.
6 Sec. 11. Section 46.11, Code 2017, is amended to read as
7follows:
846.11 Certification of commissioners.
9The governor and the state court administrator commissioners
10of elections respectively shall promptly certify the names
11and addresses of appointive and elective judicial nominating
12commissioners to the state commissioner of elections and the
13chairperson of the respective nominating commissions.
14 Sec. 12. Section 46.18, Code 2017, is amended to read as
15follows:
1646.18 Eligibility of voters.
17Electors entitled to vote at the general election shall be
18entitled to vote at the judicial election and the state and
19district judicial nominating commission election. All voting
20procedures provided by chapter 53 for absent voting by armed
21forces in general elections shall be applicable to judicial and
22state and district judicial nominating commission elections.
23 Sec. 13. Section 602.6501, subsection 1, paragraph c, Code
242017, is amended to read as follows:
25c. Two attorneys elected by the attorneys in registered
26voters of the county, or the lesser number provided in section
27602.6504, subsection 1.
28 Sec. 14. Section 602.6504, Code 2017, is amended to read as
29follows:
30602.6504 Commissioners elected by attorneys registered
31voters.
321. The resident attorneys registered voters of each county
33shall elect, on a nonpartisan basis, two resident attorneys
34of the county to the magistrate appointing commission for
35six-year terms beginning on January 1, 1979 at the state and
-6-1district judicial nomination commission elections held pursuant
2to sections 46.2A and 46.4, and each sixth year thereafter
3at the state and district judicial nomination commission
4elections. An election shall be held in December preceding the
5commencement of new terms. The attorneys registered voters
6 in a county may elect only one commissioner if there is only
7one who is qualified and willing to serve and if there are no
8resident attorneys in a county or none is willing to serve as a
9commissioner, none shall be elected.
102. A county attorney shall not be elected to the commission.
113. An attorney is eligible to vote in elections of
12magistrate appointing commissioners within a county if eligible
13to vote under sections 46.7 and 46.8, and if a resident of the
14county.
154. In order to be placed on the ballot for county magistrate
16appointing commission, an eligible attorney elector shall
17file a nomination petition, signed by at least ten eligible
18electors of the county, in the office of the clerk of court on
19or before November 30 of the year in which the election for
20attorney positions is to occur county commissioner of elections
21at least one hundred four days prior to the judicial nominating
22commission election. This subsection does not preclude
23write-in votes at the time of the election.
245. a. When an a judicial nomination commission election of
25magistrate appointing commissioners is to be held that requires
26the election of magistrate appointing commissioners, the clerk
27of the district court for each county commissioner of elections
28 shall cause to be mailed to each eligible attorney a ballot
29that is in substantially the following form:
30BALLOT
31County Magistrate Appointing Commission
32To be cast by the resident members of the bar of 33......
county.
34Vote for (state number) for ...... county judicial
35magistrate appointing commissioner(s) for term commencing
-7-1......
2.........
3.........
4To be counted, this ballot must be completed and mailed or
5delivered to clerk of the district court, ........, no later
6than December 31, ... (year) (or the appropriate date in
7case of an election to fill a vacancy) include the office of
8magistrate appointing commissioner on the judicial nomination
9commission ballot.
10b. An eligible elector may file an objection to the
11legal sufficiency of a nomination petition with the county
12commissioner of elections as otherwise provided for in sections
1344.4 and 44.7.
14 Sec. 15. Section 602.6505, Code 2017, is amended to read as
15follows:
16602.6505 Vacancy.
17A vacancy in the office of magistrate appointing
18commissioner shall be filled for the unexpired term in the
19same manner as the original appointment was made as provided
20in section 69.14A.
21 Sec. 16. Section 602.8102, subsection 14, Code 2017, is
22amended by striking the subsection.
23 Sec. 17. REPEAL. Sections 46.7, 46.8, and 46.9A, Code 2017,
24are repealed.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill requires that elective members of the state
29and district judicial nominating commissions be elected to
30six-year, staggered terms by the registered voters of the
31state, on a nonpartisan basis. The judicial nominating
32commission elections are required to be held coincident to the
33regular city elections, in November of odd-numbered years, but
34offices for the judicial nominating commission election may be
35printed on a separate ballot. The elective members on these
-8-1commissions are currently elected to six-year terms by members
2of the Iowa bar, as provided under Article V, section 16, of
3the Iowa Constitution. Article V, section 16, of the Iowa
4Constitution also, however, provides that the composition and
5selection of members of commissions may be changed by law.
6Under the bill, candidates for elective membership on the
7state judicial nomination commission (state commission) are
8elected by congressional district and must file a nominating
9petition with the state commissioner of elections (secretary of
10state) at least 104 days before the election, the same filing
11period for judges seeking retention at judicial elections.
12Such candidates are required to submit nomination petitions
13with the signatures of at least 50 eligible electors from the
14congressional district.
15Under the bill, candidates for elective membership on the
16district judicial nomination commissions (district commissions)
17are elected by judicial district and must also file a
18nominating petition with the state commissioner of elections
19at least 104 days before the election. Such candidates are
20required to submit nomination petitions with the signatures of
21at least 10 eligible electors from the judicial district.
22For state and district commissions, the bill also allows
23eligible electors to file objections to nomination petitions in
24the same manner as provided for objections for candidates for
25election to the general assembly.
26Under the bill, candidates for elective membership on
27the county magistrate appointing commissions are elected by
28county and must file a nominating petition with the county
29commissioner of elections at least 104 days before the
30election. Such candidates are required to submit nomination
31petitions with the signatures of at least 10 eligible electors
32from the county. The bill allows eligible electors to file
33objections to nomination petitions in the same manner as
34provided for other county officers.
35The bill requires that vacancies that occur on the state
-9-1commission are to be filled by special election called by the
2governor if the vacancy occurs more than 180 days before the
3end of the term of office. The bill maintains current law
4for the filling of vacancies for district commissions. Under
5Article V, section 16, of the Iowa Constitution, a person
6is prohibited from serving on a state or district judicial
7nomination commission for more than one term. The bill also
8provides that a vacancy on a magistrate appointing commission
9may be filled in the same manner as vacancies for other
10elective county offices.
11The bill makes additional conforming changes.
-10-aw/rj