Bill Text: IA HF173 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act requiring that elective members of the state and district judicial nominating commissions, and the county magistrate nominating commissions, be elected by the registered voters of the state.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-13 - Subcommittee: Heartsill, Oldson and Windschitl. H.J. 270. [HF173 Detail]

Download: Iowa-2017-HF173-Introduced.html

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House File 173 - Introduced




                                 HOUSE FILE       
                                 BY  SALMON

                                      A BILL FOR

  1 An Act requiring that elective members of the state and
  2    district judicial nominating commissions, and the county
  3    magistrate nominating commissions, be elected by the
  4    registered voters of the state.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1181YH (5) 87
    aw/rj

PAG LIN



  1  1    Section 1.  NEW SECTION.  39.19  Judicial nominating
  1  2 commission members.
  1  3    1.  There shall be elected, on a nonpartisan basis coincident
  1  4 to each regular city election, the elective members of the
  1  5 state and district judicial nominating commissions.
  1  6    2.  Notwithstanding section 49.30, for purposes of
  1  7 administering an election held to elect members of the state
  1  8 or district judicial nominating commissions, the county
  1  9 commissioner of elections may print judicial nominating
  1 10 commission offices on separate ballots.
  1 11    Sec. 2.  Section 46.2, Code 2017, is amended to read as
  1 12 follows:
  1 13    46.2  Election of state judicial nominating commissioners.
  1 14    The resident members of the bar registered voters of each
  1 15 congressional district shall elect one two eligible elector
  1 16  electors of the district to the state judicial nominating
  1 17 commission for a staggered six=year term beginning July 1
  1 18  terms. The terms of no more than three nor less than two of
  1 19 the members shall expire within the same two=year period, the
  1 20 expiration dates being governed by the expiration dates of the
  1 21 terms of the original appointive members. The members of the
  1 22 bar of the respective congressional districts shall in January,
  1 23 immediately preceding the expiration of the term of a member
  1 24 of the commission, elect a successor for a like term. For
  1 25 the first elective term open on or after July 1, 1987, in the
  1 26 odd=numbered districts the elected member shall be a woman and
  1 27 in the even=numbered districts the elected member shall be a
  1 28 man. Thereafter, the districts shall alternate between women
  1 29 and men elected members The elections for members under this
  1 30 section shall be held coincident to the regular city election.
  1 31    Sec. 3.  Section 46.2A, subsections 2 and 3, Code 2017, are
  1 32 amended to read as follows:
  1 33    2.  Notwithstanding sections section 46.1 and 46.2, the
  1 34 terms of the appointed and elected members of the state
  1 35 judicial nominating commission serving on December 31, 2012,
  2  1 shall expire on that date.
  2  2    3.  The terms of newly appointed and elected members of the
  2  3 state judicial nominating commission shall commence on January
  2  4 1, 2013, based upon the number of congressional districts as
  2  5 enacted pursuant to chapter 42.
  2  6    Sec. 4.  Section 46.2A, Code 2017, is amended by adding the
  2  7 following new subsections:
  2  8    NEW SUBSECTION.  4A.  Notwithstanding section 46.2, the
  2  9 terms of the elected members of the state judicial nominating
  2 10 commission serving on December 31, 2017, shall expire on that
  2 11 date.
  2 12    NEW SUBSECTION.  4B.  The terms of newly elected members
  2 13 of the state judicial nominating commission shall commence on
  2 14 January 1, 2018, following the judicial nominating commission
  2 15 election held coincident to the 2017 regular city election.
  2 16    Sec. 5.  Section 46.2A, subsections 5 and 6, Code 2017, are
  2 17 amended to read as follows:
  2 18    5.  The initial term of the elected members elected pursuant
  2 19 to subsection 4B shall be as follows:
  2 20    a.  In the congressional district described as the first
  2 21 district, there shall be one member with a term of two years
  2 22 and one member with a term of four years.
  2 23    b.  In the congressional district described as the second
  2 24 district, there shall be one member with a term of four years
  2 25 and one member with a term of six years.
  2 26    c.  In the congressional district described as the third
  2 27 district, there shall be one member with a term of two years
  2 28 and one member with a term of six years.
  2 29    d.  In the congressional district described as the fourth
  2 30 district, there shall be one member with a term of four years
  2 31 and one member with a term of six years.
  2 32    6.  The appointed and elected members from each
  2 33 congressional district shall be gender balanced as provided in
  2 34 section 69.16A.
  2 35    Sec. 6.  Section 46.4, Code 2017, is amended to read as
  3  1 follows:
  3  2    46.4  Election of district judicial nominating commissioners.
  3  3    1.  The resident members of the bar registered voters of each
  3  4 judicial election district shall elect five eligible electors
  3  5 of the district to the district judicial nominating commission.
  3  6 Commissioners shall be elected to staggered terms of six years
  3  7 each. The elections shall be held in the month of January
  3  8  coincident to the regular city election for terms commencing
  3  9 February January 1 of even=numbered years.
  3 10    For terms commencing February 1, 1988, and every six years
  3 11 thereafter, one elected commissioner in each district shall
  3 12 be a woman and one shall be a man. For terms commencing
  3 13 February 1, 1990, and every six years thereafter, one elected
  3 14 commissioner in each district shall be a woman and one shall
  3 15 be a man. For the term commencing February 1, 1992, in
  3 16 the odd=numbered districts the elected commissioner shall
  3 17 be a woman and in the even=numbered districts the elected
  3 18 commissioner shall be a man. For the terms commencing every
  3 19 six years thereafter, the districts shall alternate between
  3 20 women and men elected commissioners.
  3 21    2.  Five members shall be elected in 2017 to initial terms,
  3 22 with the two candidates receiving the greatest number of votes
  3 23 in the district being elected to full six=year terms, the two
  3 24 candidates receiving the next greatest number of votes being
  3 25 elected to initial terms of four years, and the candidate
  3 26 receiving the next greatest number of votes being elected to
  3 27 an initial term of two years.
  3 28    3.  The terms of the elected members of the district judicial
  3 29 nominating commissions serving on December 31, 2017, shall
  3 30 expire on that date.
  3 31    Sec. 7.  Section 46.5, subsections 2 and 3, Code 2017, are
  3 32 amended to read as follows:
  3 33    2.  Except where the term has less than ninety days
  3 34 remaining, vacancies Vacancies in the office of elective member
  3 35 of the state judicial nominating commission shall be filled
  4  1 consistent with eligibility requirements by a special election
  4  2 within the congressional district where the vacancy occurs,
  4  3 such election to be conducted as provided in sections 46.9 and
  4  4 46.10 by special election, unless the vacancy occurs less than
  4  5 one hundred eighty days before the end of the term of office.
  4  6 The governor shall order the special election not later than
  4  7 five days from the date the vacancy exists, giving not less
  4  8 than forty days' notice of such election. Any special election
  4  9 called under this subsection must be held on a Tuesday and
  4 10 shall not be held on the same day as a school election within
  4 11 the district.
  4 12    3.  Vacancies in the office of elective judicial nominating
  4 13 commissioner of district judicial nominating commissions shall
  4 14 be filled consistent with eligibility requirements and by
  4 15 majority vote of the authorized number of elective members of
  4 16 the particular commission, at a meeting of such members called
  4 17 in the manner provided in section 46.13. The term of judicial
  4 18 nominating commissioners so chosen shall commence upon their
  4 19 selection and continue for the remainder of the unexpired term.
  4 20    Sec. 8.  Section 46.5, subsection 5, Code 2017, is amended by
  4 21 striking the subsection.
  4 22    Sec. 9.  Section 46.9, Code 2017, is amended by striking the
  4 23 section and inserting in lieu thereof the following:
  4 24    46.9  Conduct of elections.
  4 25    1.  Regular elections called by the state or district
  4 26 judicial nominating commissions for the election of commission
  4 27 members under this chapter shall be held on the date of the
  4 28 regular city election as fixed by section 376.1. The election
  4 29 notice shall be made a part of the regular city election
  4 30 notice published as provided in section 49.53 in each judicial
  4 31 district and the election shall be conducted by the county
  4 32 commissioner of elections pursuant to chapters 39 through 53
  4 33 and this chapter.
  4 34    2.  Ballots for state and district judicial nominating
  4 35 commissioners shall be arranged as provided for nonpartisan
  5  1 regular city elections under section 49.31, subsection 3.
  5  2    Sec. 10.  Section 46.10, Code 2017, is amended to read as
  5  3 follows:
  5  4    46.10  Nomination of elective nominating commissioners.
  5  5    1.  In order to have an eligible elector's name printed
  5  6 on the ballot for state or district judicial nominating
  5  7 commissioner, the eligible elector must file in the office
  5  8 of the state court administrator commissioner of elections
  5  9  at least thirty one hundred four days prior to expiration
  5 10 of the period within which the election must be held the
  5 11 judicial nominating commission election a nominating petition
  5 12 signed by at least fifty resident members of the bar eligible
  5 13 electors of the congressional district in case of a candidate
  5 14 for state judicial nominating commissioner, or at least
  5 15 ten resident members of the bar eligible electors of the
  5 16 judicial district in case of a candidate for district judicial
  5 17 nominating commissioner. No member of the bar may sign more
  5 18 nominating petitions for state or district judicial nominating
  5 19 commissioner than there are such commissioners to be elected.
  5 20    2.  Ballots or electronic voting forms for state and district
  5 21 judicial nominating commissioners shall contain blank lines
  5 22 equal to the number of such commissioners to be elected, where
  5 23 names may be written in.
  5 24    2.  a.  Objections to the legal sufficiency of a nomination
  5 25 petition or to the eligibility of a candidate may be filed by
  5 26 any person who would have the right to vote for a candidate for
  5 27 the office in question.
  5 28    b.  The objection must be filed with the state commissioner
  5 29 at least seventy=four days before the day of the election at
  5 30 which members of the commission are elected. When objections
  5 31 are filed, notice shall be given within seventy=two hours by
  5 32 certified mail to the candidate affected, addressed to the
  5 33 candidate's place of residence as given on the candidate's
  5 34 affidavit, stating that objections have been made to the legal
  5 35 sufficiency of the petition or to the eligibility of the
  6  1 candidate, and also stating the time and place the objections
  6  2 will be considered.
  6  3    c.  Objections filed under this subsection shall be
  6  4 considered by the secretary of state, auditor of state, and
  6  5 attorney general.
  6  6    Sec. 11.  Section 46.11, Code 2017, is amended to read as
  6  7 follows:
  6  8    46.11  Certification of commissioners.
  6  9    The governor and the state court administrator commissioners
  6 10 of elections respectively shall promptly certify the names
  6 11 and addresses of appointive and elective judicial nominating
  6 12 commissioners to the state commissioner of elections and the
  6 13 chairperson of the respective nominating commissions.
  6 14    Sec. 12.  Section 46.18, Code 2017, is amended to read as
  6 15 follows:
  6 16    46.18  Eligibility of voters.
  6 17    Electors entitled to vote at the general election shall be
  6 18 entitled to vote at the judicial election and the state and
  6 19 district judicial nominating commission election. All voting
  6 20 procedures provided by chapter 53 for absent voting by armed
  6 21 forces in general elections shall be applicable to judicial and
  6 22 state and district judicial nominating commission elections.
  6 23    Sec. 13.  Section 602.6501, subsection 1, paragraph c, Code
  6 24 2017, is amended to read as follows:
  6 25    c.  Two attorneys elected by the attorneys in registered
  6 26 voters of the county, or the lesser number provided in section
  6 27 602.6504, subsection 1.
  6 28    Sec. 14.  Section 602.6504, Code 2017, is amended to read as
  6 29 follows:
  6 30    602.6504  Commissioners elected by attorneys registered
  6 31 voters.
  6 32    1.  The resident attorneys registered voters of each county
  6 33 shall elect, on a nonpartisan basis, two resident attorneys
  6 34 of the county to the magistrate appointing commission for
  6 35 six=year terms beginning on January 1, 1979 at the state and
  7  1 district judicial nomination commission elections held pursuant
  7  2 to sections 46.2A and 46.4, and each sixth year thereafter
  7  3 at the state and district judicial nomination commission
  7  4 elections. An election shall be held in December preceding the
  7  5 commencement of new terms. The attorneys registered voters
  7  6  in a county may elect only one commissioner if there is only
  7  7 one who is qualified and willing to serve and if there are no
  7  8 resident attorneys in a county or none is willing to serve as a
  7  9 commissioner, none shall be elected.
  7 10    2.  A county attorney shall not be elected to the commission.
  7 11    3.  An attorney is eligible to vote in elections of
  7 12 magistrate appointing commissioners within a county if eligible
  7 13 to vote under sections 46.7 and 46.8, and if a resident of the
  7 14 county.
  7 15    4.  In order to be placed on the ballot for county magistrate
  7 16 appointing commission, an eligible attorney elector shall
  7 17 file a nomination petition, signed by at least ten eligible
  7 18 electors of the county, in the office of the clerk of court on
  7 19 or before November 30 of the year in which the election for
  7 20 attorney positions is to occur county commissioner of elections
  7 21 at least one hundred four days prior to the judicial nominating
  7 22 commission election. This subsection does not preclude
  7 23 write=in votes at the time of the election.
  7 24    5.  a.  When an a judicial nomination commission election of
  7 25 magistrate appointing commissioners is to be held that requires
  7 26 the election of magistrate appointing commissioners, the clerk
  7 27 of the district court for each county commissioner of elections
  7 28  shall cause to be mailed to each eligible attorney a ballot
  7 29 that is in substantially the following form:
  7 30    BALLOT
  7 31 County Magistrate Appointing Commission
  7 32 To be cast by the resident members of the bar of
  7 33 ......  county.
  7 34 Vote for (state number) for ...... county judicial
  7 35 magistrate appointing commissioner(s) for term commencing
  8  1 ......
  8  2 .........
  8  3 .........
  8  4 To be counted, this ballot must be completed and mailed or
  8  5 delivered to clerk of the district court, ........, no later
  8  6 than December 31, ... (year) (or the appropriate date in
  8  7 case of an election to fill a vacancy) include the office of
  8  8 magistrate appointing commissioner on the judicial nomination
  8  9 commission ballot.
  8 10    b.  An eligible elector may file an objection to the
  8 11 legal sufficiency of a nomination petition with the county
  8 12 commissioner of elections as otherwise provided for in sections
  8 13 44.4 and 44.7.
  8 14    Sec. 15.  Section 602.6505, Code 2017, is amended to read as
  8 15 follows:
  8 16    602.6505  Vacancy.
  8 17    A vacancy in the office of magistrate appointing
  8 18 commissioner shall be filled for the unexpired term in the
  8 19 same manner as the original appointment was made as provided
  8 20 in section 69.14A.
  8 21    Sec. 16.  Section 602.8102, subsection 14, Code 2017, is
  8 22 amended by striking the subsection.
  8 23    Sec. 17.  REPEAL.  Sections 46.7, 46.8, and 46.9A, Code 2017,
  8 24 are repealed.
  8 25                           EXPLANATION
  8 26 The inclusion of this explanation does not constitute agreement with
  8 27 the explanation's substance by the members of the general assembly.
  8 28    This bill requires that elective members of the state
  8 29 and district judicial nominating commissions be elected to
  8 30 six=year, staggered terms by the registered voters of the
  8 31 state, on a nonpartisan basis. The judicial nominating
  8 32 commission elections are required to be held coincident to the
  8 33 regular city elections, in November of odd=numbered years, but
  8 34 offices for the judicial nominating commission election may be
  8 35 printed on a separate ballot. The elective members on these
  9  1 commissions are currently elected to six=year terms by members
  9  2 of the Iowa bar, as provided under Article V, section 16, of
  9  3 the Iowa Constitution. Article V, section 16, of the Iowa
  9  4 Constitution also, however, provides that the composition and
  9  5 selection of members of commissions may be changed by law.
  9  6    Under the bill, candidates for elective membership on the
  9  7 state judicial nomination commission (state commission) are
  9  8 elected by congressional district and must file a nominating
  9  9 petition with the state commissioner of elections (secretary of
  9 10 state) at least 104 days before the election, the same filing
  9 11 period for judges seeking retention at judicial elections.
  9 12 Such candidates are required to submit nomination petitions
  9 13 with the signatures of at least 50 eligible electors from the
  9 14 congressional district.
  9 15    Under the bill, candidates for elective membership on the
  9 16 district judicial nomination commissions (district commissions)
  9 17 are elected by judicial district and must also file a
  9 18 nominating petition with the state commissioner of elections
  9 19 at least 104 days before the election. Such candidates are
  9 20 required to submit nomination petitions with the signatures of
  9 21 at least 10 eligible electors from the judicial district.
  9 22    For state and district commissions, the bill also allows
  9 23 eligible electors to file objections to nomination petitions in
  9 24 the same manner as provided for objections for candidates for
  9 25 election to the general assembly.
  9 26    Under the bill, candidates for elective membership on
  9 27 the county magistrate appointing commissions are elected by
  9 28 county and must file a nominating petition with the county
  9 29 commissioner of elections at least 104 days before the
  9 30 election. Such candidates are required to submit nomination
  9 31 petitions with the signatures of at least 10 eligible electors
  9 32 from the county. The bill allows eligible electors to file
  9 33 objections to nomination petitions in the same manner as
  9 34 provided for other county officers.
  9 35    The bill requires that vacancies that occur on the state
 10  1 commission are to be filled by special election called by the
 10  2 governor if the vacancy occurs more than 180 days before the
 10  3 end of the term of office. The bill maintains current law
 10  4 for the filling of vacancies for district commissions. Under
 10  5 Article V, section 16, of the Iowa Constitution, a person
 10  6 is prohibited from serving on a state or district judicial
 10  7 nomination commission for more than one term. The bill also
 10  8 provides that a vacancy on a magistrate appointing commission
 10  9 may be filled in the same manner as vacancies for other
 10 10 elective county offices.
 10 11    The bill makes additional conforming changes.
       LSB 1181YH (5) 87
       aw/rj