Lawsuit Argues Iowa Judicial Retention Vote Violated State Constitution And Results Should Be Voided

Three Des Moines, Iowa attorneys are arguing that the retention vote that removed three Iowa Supreme Court justices was illegal because the Iowa Constitution mandates the votes for judges be on a separate ballot,” the Des Moines Register reports that the three have filed a suit to keep the three justices, who were a part of the 2009 unanimous decision that legalised same sex marriage in the state, from being removed from the bench. The lawsuits says that the ballot used November 2nd included the names of the justices standing for retention on the back of a single sheet, “combined with other elections, non-partisan offices, Constitutional questions and public measures,” and is asking for a temporary judicial order that would bar the three justices from leaving the Supreme Court when their terms conclude December 31st. The attorneys are suing Democratic Secretary of State Michael Mauro, the elections commissioner responsible for state voting and ballot practices. It also names the three justices Iowans voted to remove. A hearing is scheduled for Monday in Polk County District Court; however Mauro says he doubts the lawsuit will change anything. “I can’t speak for what a judge would say, but simple logic tells you this has been in place for quite a while,” he said. “The voters have made their decision and we should be moving forward, not looking for ways to overturn elections.”