Commissioners elected by attorneys

1. The resident attorneys of each county shall elect two resident attorneys of the county to the magistrate appointing commission for six-year terms beginning on January 1, 1979, and each sixth year thereafter. An election shall be held in December preceding the commencement of new terms. The attorneys in a county may elect only one commissioner if there is only one who is qualified and willing to serve and if there are no resident attorneys in a county or none is willing to serve as a commissioner, none shall be elected. 2. A county attorney shall not be elected to the commission. 3. An attorney is eligible to vote in elections of magistrate appointing commissioners within a county if eligible to vote under sections 46.7 and 46.8, and if a resident of the county. 4. In order to be placed on the ballot for county magistrate appointing commission, an eligible attorney elector shall file a nomination petition in the office of the clerk of court on or before November 30 of the year in which the election for attorney positions is to occur. This subsection does not preclude write-in votes at the time of the election. 5. When an election of magistrate appointing commissioners is to be held, the clerk of the district court for each county shall cause to be mailed to each eligible attorney a ballot that is in substantially the following form:BALLOTCounty Magistrate Appointing CommissionTo be cast by the resident members of the bar of county.Vote for (state number) for county judicial magistrate appointing commissioner(s) for term commencing To be counted, this ballot must be completed and mailed or delivered to clerk of the district court, , no later than December 31, (year) (or the appropriate date in case of an election to fill a vacancy).