Register poll finds judicial retention vote a "tossup"

The latest Des Moines Register poll by Selzer and Co finds three Iowa Supreme Court justices are in danger of not being retained this November. The Register’s Monday edition contains details from that portion of the poll, which surveyed 550 likely voters and has a margin of error of plus or minus 4.2 percent.

Among all likely voters, just 31 percent plan to vote to retain all three Supreme Court justices, 12 percent will vote to retain some of them, 29 percent will vote against retaining all of them, 16 percent will probably not fill out that part of the ballot, and 12 percent were unsure. Among respondents who planned to vote on the retentions, 44 percent said they would vote to retain all the Supreme Court judges, 16 percent said they would vote to retain some, and 40 percent will vote to remove all three.

Click here for the Register’s graph showing the breakdown among certain demographic groups (party affiliation, income, union household and born again Christian). Grant Schulte summarized the findings:

Retention supporters and opponents split largely on party lines. Voters most likely to retain all the justices were Democrats, women, younger Iowans, union households, and those with high incomes and college degrees.

Senior citizens, Republicans, men, tea party supporters, born-again Christians, low-income voters and those with only a high school education were more likely to vote “no” to all the justices, the poll found.

I had feared worse numbers, since the Register’s poll was in the field September 19-22, not long after television commercials making the case against retention started running statewide.

Schulte’s article notes,

The retention election could hinge on which side mobilizes the most down-ticket voters. A Register analysis of voting records in the past two non-presidential elections shows that only 60 percent of Iowa voters answered the retention questions for justices and appeals-court judges.

The judges don’t plan to campaign for themselves. Groups backing retention won’t be able to match the advertising budgets of groups on the religious right. I doubt they will reach as many voters as the pastors who plan to preach directly against retaining the judges either.

Ousting three Supreme Court wouldn’t change Iowa’s judicial system right away, but it would give momentum to those who want to replace merit-based selection with a more politicized process. Please remind your friends to fill out the whole ballot and vote yes on the judges up for retention.

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