Iowa lawsuit asserts judicial retention vote was illegal; seeks to nullify results

Brent Hellickson, Flickr

Jennifer Jacobs of the Des Moines Register reports that three Des Moines-area attorneys have sued to retain three Iowa Supreme Court judges voted off the bench because the Iowa Constitution mandates the votes for judges be "on a separate ballot."

The ballot used Nov. 2 included the names of the justices standing for retention on the back of a single sheet, "combined with other elections, nonpartisan offices, Constitutional questions and public measures," the lawsuit says.

A temporary judicial order has been requested that would bar the justices from leaving the Supreme Court when their terms end Dec. 31; a hearing is scheduled for Monday in Polk County District Court.

A 1962 amendment to the state constitution says judges "shall at such judicial election stand for retention in office on a separate ballot which shall submit the question of whether such judge shall be retained in office for the tenure prescribed for such office...."

The Legislature later approved putting the names of all judges on one ballot, the lawsuit says.

But the lawyers argue that "combining on a single ballot all elections, including judicial elections, issues, and measures is a facial violation of Iowa Constitution Article V Section 17."