Bowers v. Polk County Bd. of Supervisors

In Bowers v. Polk County Bd. of Supervisors, 638 N.W.2d 682, 689 (Iowa 2002), the petitioners argued that a statute which required sponsors of a bond to acquire signatures from 10% of the voters in each county in the last gubernatorial or presidential election within a ten-day period violated the Equal Protection Clause of the Iowa Constitution. The petitioners argued that voters in the more populous counties were treated differently from voters in less populous areas, because the ten-day time limit for obtaining signatures did not provide adequate time to collect signatures in the more populated counties. See id. at 689. In rejecting the challenge, the Iowa Supreme Court noted: "Iowans who reside in counties with relatively small populations are not similarly situated to those who live in more populous counties for the purposes of this statute." We agree with the district court that to account for this variance in population is exactly why the legislature enacted the ten percent requirement, a requirement that applies to all counties. As the United States Supreme Court recognized, "sometimes the grossest discrimination can lie in treating things that are different as though they were exactly alike." (Id., 638 N.W.2d at 689-90.)