16-955

16-955. Citizens clean election commission;
structure

(Caution: 1998 Prop. 105 applies)

A. The citizens clean elections commission is established consisting of five
members. No more than two members of the commission shall be members of the same
political party. No more than two members of the commission shall be residents of the
same county. No one shall be appointed as a member who does not have a registration
pursuant to chapter 1 of this title that has been continuously recorded for at least five
years immediately preceding appointment with the same political party or as an
independent.

B. The candidates for vacant commissioner positions shall be persons who are
committed to enforcing this article in an honest, independent and impartial fashion and
to seeking to uphold public confidence in the integrity of the electoral system. Each
candidate shall be a qualified elector who has not, in the previous five years in this
state, been appointed to, been elected to or run for any public office, including
precinct committeeman, or served as an officer of a political party.

C. Initially, the commission on appellate court appointments shall nominate five
slates, each having three candidates, before January 1, 1999. No later than February 1,
1999, the governor shall select one candidate from one of the slates to serve on the
commission for a term ending January 31, 2004. Next, the highest-ranking official holding
a statewide office who is not a member of the same political party as the governor shall
select one candidate from another one of the slates to serve on the commission for a term
ending January 31, 2003. Next, the second-highest-ranking official holding a statewide
office who is a member of the same political party as the governor shall select one
candidate from one of the three remaining slates to serve on the commission for a term
ending January 31, 2002. Next, the second-highest-ranking official holding a statewide
office who is not a member of the same political party as the governor shall select one
candidate from one of the two remaining slates to serve on the commission for a term
ending January 31, 2001. Finally, the third-highest-ranking official holding a statewide
office who is a member of the same political party as the governor shall elect one
candidate from the last slate to serve on the commission for a term ending January 31,
2000. For the purposes of this section, the ranking of officials holding statewide
office shall be governor, secretary of state, attorney general, treasurer, superintendent
of public instruction, corporation commissioners in order of seniority, mine inspector,
senate majority and minority leaders and house majority and minority leaders.

D. One commissioner shall be appointed for a five-year term beginning February 1 of
every year beginning with the year 2000. Before February 1 of each year beginning in the
year 2000, the governor and the highest-ranking official holding a statewide office who
is not a member of the same political party as the governor shall alternate filling such
vacancies. The vacancy in the year 2000 shall be filled by the governor.

E. Members of the commission may be removed by the governor, with concurrence of
the senate, for substantial neglect of duty, gross misconduct in office, inability to
discharge the powers and duties of office or violation of this section, after written
notice and opportunity for a response.

F. If a commissioner does not complete the commissioner's term of office for any
reason, a replacement shall be selected within thirty days after the vacancy occurs. The
highest-ranking official holding a statewide office who is a member of the political
party of the official who nominated the commissioner who vacated office shall nominate
the replacement, who shall serve as commissioner for the unexpired portion of the
term. A vacancy or vacancies shall not impair the right of the remaining members to
exercise all of the powers of the board.

G. Commissioners are eligible to receive compensation in an amount of two hundred
dollars for each day on which the commission meets and reimbursement of expenses pursuant
to title 38, chapter 4, article 2.

H. The commissioners shall elect a chair to serve for each calendar-year period
from among their members whose terms expire after the conclusion of that year. Three
commissioners shall constitute a quorum.

I. A member of the commission shall serve no more than one term and is not eligible
for reappointment. No commissioner, during the commissioner's tenure or for three years
thereafter, shall seek or hold any other public office, serve as an officer of any
political committee or employ or be employed as a lobbyist.

J. The commission shall appoint an executive director who shall not be a member of
the commission and who shall serve at the pleasure of the commission. The executive
director is eligible to receive compensation set by the board within the range determined
under section 38-611. The executive director, subject to title 41, chapter 4, articles 5
and 6, shall employ, determine the conditions of employment and specify the duties of
administrative, secretarial and clerical employees as the director deems necessary.