E-FILED 2019 MAY 15 9:33 AM POLK - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR POLK COUNTY I BOB RUSH, BRIAN MEYER, RICK NO. OLSON, MARY MASCHER, ART STAED, LIZ BENNETT, MARK SMITH, JO OLDSON and MARY WOLFE, PETITION, APPLICATION FOR INJUNCTIVE RELIEF AND REQUEST FOR EXPEDITED HEARING Plaintiffs, GOVERNOR KIMBERLY K. REYNOLDS, GLEN DICKINSON, LESLIE HICKEY and DAN HUITINK, vs. Defendants. Plaintiffs for cause of action state: The Parties 1. Plaintiffs Brian Meyer, Rick Olson, Mary Mascher, Art Staed, Liz Bennett, Mark Smith, Jo Oldson and Mary Wolfe are members of the Iowa legislature and residents of Iowa. 2. Plaintiff Bob Rush is a lawyer licensed in Iowa who regularly practices in Iowa courts and is a resident of Linn County._ 3. Defendant Kimberly Kay Reynolds is the Governor of Iowa and as such is the Chief Executive for the state, responsible for ensuring the execution of the State?s statutes. The Governor is sued in her official capacity. 4. Defendant Glen Dickinson is the Director of the Legislative Services Agency, a nonpartisan central legislative staff agency under the direction and control of the Legislative Council. Its duties include publication of the Iowa Acts. Iowa Code Chapter 2A. Glen Dickinson is sued'in his official capacity. E-FILED 2019 MAY 15 9:33 AM POLK - CLERK OF DISTRICT COURT 5. Defendant Leslie Hickey is the Iowa Code Editor. The oWa Code Editor is appointed by the Director of the Legislative Services Agency. The Editor?s duties include publishing the Iowa Acts. Iowa Code Section 28.13. Leslie Hickey is sued in her official capacity. 6. Defendant Dan Huitink was appointed by the Governor to the State Judicial Nominating Commission on May 10, 2019. He is sued in his official capacity. The Law 7. The Iowa Constitution, Article Section 29, prohibits logrolling by requiring a legislative act to have only one subject. Sec. 29. Acts one subject expressed in title. SEC. 29. Every Act shall embrace but one subject, and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an Act which shall not be expressed in the title, such Act shall be void only as to so much thereof as shall not be expressed in the title. 8. The Iowa Constitution, Article Section 29, requires the title of the bill to contain the subject matter of the bill to prevent fraud and surprise. 9. The Iowa Constitution, Article IV, Section 1, establishes separate and co- equal branches of government. The powers of the government of Iowa shall be divided into three separate departments?the legislative, the executive, and thejudicial: and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any function appertaining to either of the others, except in cases hereinafter expressly directed or permitted. Background 10. Senate File 638 was known as the ?Standings Bill,? providing for appropriations. However, it was amended during debate to change howjudicial E-FILED 2019 MAY 15 9:33 AM POLK - DISTRICT COURT nominating commissioners are selected and how the Chief Justice is selected and the term of office. 11. The Iowa legislature passed Senate File 638 as amended on April 27, 2019. 12. In passing Senate File 638, the Iowa legislature failed to amend the title to reflect the amendment. 13. On May 8, 2019, Governor Reynoldssigned Senate File 638 into law (attached as Exhibit 1). Constitutional Violations 14. Senate File 638 contained more than a single subject, in violation of the Iowa Constitution, Article Section 29. 15. The enactment of Senate File 638 is a violation of the Iowa constitutional protection against logrolling. 9m 16. Senate File 638, in violation of the Iowa Constitution, Article Section 29, failed to include in its title an accurate description of the subject matter of the bill, which included changes to Iowa?s Judicial Nominating Commission and selection and term of office of the Chief Justice of the Supreme Court. 17. The enactment of Senate File 638 is a violation of the Iowa constitutional protection to prevent surprise and fraud from being'visited on the legislature and the public. E-FILED 2019 MAY 15 9:33 AM POLK - CLERK OF DISTRICT COURT 18. The enactment of Senate File 638 violates Article of the Iowa Constitution by dictating to a separate and co-equal branch of government how its leadership (Chief Justice) should be selected and the term of office. 19. That portion of Senate File 638 pertaining to Changes in the selection and term of office of the Chief Justice should be found unconstitutional as a legislative encroachment on judicial powers. Injunctive Relief (IRCP 1) 20. Plaintiffs are entitled to preliminary and permanent injunctive relief invalidating the changes contained in Senate File 638 that affect the selection ofjudicial nominating commissioners and selection and term of office of the the Chief Justice and enjoining the defendants from enforcing or utilizing its provisions. 21. Defendants are acting and threatening to act under color of state law to deprive plaintiffs of their constitutionally protected rights. 22. Plaintiffs will suffer irreparable injury and will continue/to suffer real and immediate threat of irreparable injury as airesult of the existence, operation, enforcement and threat of enforcement of the challenged sections Iof Senate File 638. 23. Plaintiffs have no plain, adequate or speedy remedy at law. 24. As shown by the attached affidavit (Exhibit 2), the plaintiffs are entitled to relief which includes restraining the publication of that portion of Senate File 638 I pertaining to the judicial nominating commissioners and the selection and term of office of the Chief Justice, which would greatly or irreparably injure plaintiffs. E-FILED 2019 MAY 15 9:33 AM POLK - CLERK OF DISTRICT COURT 25. No petition for the same relief, or part thereof, has been previously presented to or refused by any court orjustice. 26. There are no foreseeable monetary damages that would arise from issuance of a temporary injunction order. Therefore, plaintiffs request that should the Court order a bond be filed, that it not exceed $100. Request for Relief Plaintiffs respectfully request an order in judgment: 1. Setting this matter for expedited hearing on the request for temporary injunctive relief; 2. Declaring those portions of Senate File 638 dealing with selection of judicial nominating commissioners and the selection and term of office of the Chief Justice to be unconstitutional; 3. Temporarily and thereafter permanently enjoining defendants as well as their officers, agents, employees, attorneys, and all persons in active concert or participation with them from enforcing or utilizing the changes contained in Senate File 638 dealing with selection ofjudicial nominating commissioners and the selection and term of office of the Chief Justice; 4. Awarding any further relief as the Court may deem just and proper. E-FILED 2019 MAY 15 9:33 AM POLK - CLERK OF DISTRICT COURT RUSH, AT0006817 NATE WILLEMS, AT0009260 RUSH NICHOLSON, P.L.C. 115 First Avenue SE, Suite 201 PO. Box 637 Cedar Rapids, IA 52406?0637 Telephone (319) 363-5209 Facsimile (319) 363?6664 bob@rushnicholson.com nate@rushnicholson.com ATTORNEYS FOR PLAINTIFFS