DES MOINES, Iowa — Voters are more than familiar with candidates on the ballot for political offices this election, with mailers and commercials that are seemingly endless.

When flipping over to the backside of the ballot to see Iowa Supreme Court Justices and Court of Appeals and District Judges asking for a “YES” or “NO” to retain office, voters may not know what that means or who these people are.

The majority of voters that WHO 13 News interviewed over the lunch hour at the Polk County Auditor’s Office were not aware of retention votes on the judicial ballot or what the judge or justice’s backgrounds were.

“I wasn’t familiar about it, but I just did the front,” said Kenneth Lee, a Polk County early voter. “That is where I get lost at.”

“Yeah I was more aware of the front page,” said Alexandra Hoffman, a Polk County early voter. “I like to know who I am voting for.”

“You know, I wasn’t, and I am a little disappointed by that,” said Lucy Stam, a Polk County early voter. “I would have liked to have, going into today, some information and awareness about the judges that are up for retention, so I could come in here with a little more mindfulness about that.”

Retention votes are not like voting for political office, there is no opponent running against them. Voters only decide if the justice or judge should keep the role or not, which is why you do not see political ads or mailers for these offices.

All three voters that WHO 13 News talked to on Wednesday would have liked to see more information on these offices before voting. The Iowa State Bar Association sends out a judicial performance review every year before the election. This year the review as sent out in September to the more than 5,500 active association members. 1,045 members completed the evaluation that ended on September 13. You are able to view the full 2024 Judicial Performance Review Results on the Iowa State Bar website.

The Iowa State Supreme Court Justice that is on the ballot is Justice David May, he was appointed to the state’s highest court in 2022 by Iowa Governor Kim Reynolds. He was apart of the 4-3 majority decision from the Iowa Supreme Court in May of 2023 to enact the state’s new abortion law. On his judicial performance review results he received a vote from those active state bar members of 64.7% that he should be retained. 278 members actively participated in the review of Justice May.

The Iowa Judicial Branch does not want voters to be making decisions on retention based on political leanings, but on a judge or justice’s understanding and interpretation of the law.

The only time in the history of the state using the merit-selection-retention system, which was enacted in 1962, a justice has not been retained was in 2010. Three justices were not retained, Chief Justice Marsha Ternus, Justice David Baker and Michael Streit lost their spot in the state’s highest court. All three were in favor of the decision from the Iowa Supreme Court that the state constitution protected same-sex marriage, and their retention vote followed shortly after. If a justice or judge loses a retention vote, the governor of the state picks from a pool of candidates that are deemed qualified to fill the office.

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