On Tuesday, one or more Supreme Court judges could be unemployed and it's never happened in Iowa like this before.

A new Iowa poll shows what the Iowa Supreme Court justices are up against on Election Day. The Des Moines Register poll shows that 37% of people say they'll vote against Chief Justice Marsha Ternus, David Baker and Michael Streit; 10% say they will keep only some of them; and 34% will retain them all.


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Bob Vander Plaats, the leader of the movement to oust the judges, says they need to go because they went too far by ruling that same sex marriage in Iowa should be legal. However, even if they did go, Vander Plaats isn't any closer to overturning their ruling.

In the closing days before Election Day, it's not a candidate, but an issue on the ballot that everyone's talking about.

So now joining angry Iowans is a governor from another state.

"I've been a strong supporter of traditional marriage and one man one woman marriage. Whether that issue or others where judges reach and go beyond what I think is proper and exercise power than what I think is appropriate, I support the people putting a check on that," says Republican Gov. Tim Pawlenty of Minnesota.

National groups like the National Organization for Marriage are pouring time and money to kick three Supreme Court judges off the bench over one issue: same sex marriage. But one former governor wonders if Iowans understand what voting "no" to retaining judges really means.

"People maybe think that by removing judges that's going result in the reversal of the court system and that's not the case," says former Gov. Tom Vilsack.

Another former governor says removing the judges will do nothing to reverse same sex marriage.

"I don't think lots of people understand this is an issue of fairness and good judicial decisions," says former Governor Robert Ray.

However, Bob Vander Plaats, the man behind the movement to say "no", says getting rid of the judges is a wake up to the people who make Iowa's laws.

"It sends a message to the next governor and next legislature that the people of Iowa are serious and they're going to demand leadership on this issue."

Political analyst Kathie Obradovich says, if you set a precedent that judges have to "campaign" to keep their seat, be wary the next time you enter their courtroom.

"What you have to worry about as go into courtroom is wondering whether the judge got campaign donations from somebody on other side of the case."

If the judges are not retained, a non-partisan panel nominates judicial candidates to the governor, who then makes the final decision. There's a possibility that if not re-elected, Governor Culver could still pick the replacement judges.