# Exclusive



Proposed Summit Carbon project set to use much more water

Autumn View from Fire Point at Effigy mounds National Monument, photo by National Park Service

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past twelve years.

Disclosure: Dugan has filed several objections into the Summit Carbon Iowa Utilities Board dockets in opposition to the pipeline. Her most recent objections can be found here and here. She has neither sought nor received funding for her work.

In September 2023, Bleeding Heartland posted estimates of proposed water use for thirteen partner ethanol plants along the Summit Carbon pipeline. The estimates were based on the testimony of James “Jimmy” Powell, chief operating officer for Summit, and they included the Absolute Energy St. Ansgar facility, which Summit Carbon announced had been added to the route in June 2023.

But much has changed since that story was published. The number of ethanol plants now on the proposed Iowa route has risen to 30 with the inclusion of the POET and Valero facilities.

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Summit Carbon partner ethanol plants to pursue SAF opportunities in Iowa

Sample hog from which N. K. Fairbank & Co’s lard is made, via the Boston Public Library and Wikimedia Commons

The Song of King Corn, by C. A. Murch (Verses 1 and 5)

The dews of heaven,
The rains that fall,
The fatness of earth,
I claim them all.
O’er mountain and plain
My praises ring,
O’er ocean and land
I am King! I am King!

Would you dethrone me?
Not so, not so.
Still the golden tide
Shall swell and flow;
The earth yield riches,
The toilers sing,
In the golden land
Where Corn is King.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

Disclosure: Dugan has filed several objections into the Summit Carbon Iowa Utilities Board dockets in opposition to the pipeline. Her most recent objections can be found here and here. She has neither sought nor received funding for her work.

On March 11, Kaylee Langrell, stakeholder relations manager for TurnKey Logistics, and Grant Terry, senior project manager for Summit Carbon Solutions, appeared before the Worth County Board of Supervisors to explain the newly expanded pipeline route incorporating POET and Valero ethanol plants in Iowa. Forty-six minutes into the meeting, Langrell stated the following:

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Exclusive: ISU acquired $5 million plane for athletics

Photo of the Cessna 560XL recently purchased for ISU’s Athletics Department, cropped from an online listing of the plane for sale

Iowa State University recently acquired a Cessna 560XL airplane for $5.06 million, university staff confirmed to Bleeding Heartland on February 7. The 2004 model Cessna arrived in Ames last month and is intended to replace the university’s King Air 350.

ISU communications staffer Angie Hunt said via email, “the Cessna plane was purchased for the athletic department’s primary use,” with the ISU Foundation using the athletic’s department’s “cash reserves” for the transaction. She added, “No general funds or tuition dollars were used.”

Staff in the Athletics Department have already used the Cessna for several trips.

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Metrics don't matter: How Kim Reynolds fudged Future Ready Iowa goals

Tom Walton chairs the Dallas County Democrats.

In 2018, Governor Kim Reynolds made “Future Ready Iowa” her trademark program designed to improve Iowa’s workforce, setting a goal to increase the number of Iowans who had attained a post-secondary education to 70 percent of the workforce by 2025.

Reynolds announced in last month’s Condition of the State address, “I’m happy to say that we’ve reached our ambitious goal, and we did it ahead of schedule.” Future Ready Iowa’s website likewise asserts, “we are now proud to report that we have met that goal as a state.”

Two years ahead of schedule sounds like a huge public policy accomplishment, right? Not so fast. On closer examination, Reynolds and her team fudged the numbers.

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Summit Carbon project mired in contradictions

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

North Dakota officials were pulling no punches during an informational session held in Bismarck last month, highlighting the importance of the Summit Carbon pipeline to both the sustainable aviation fuel market and enhanced oil recovery efforts in the Bakken.

During a December 20, 2023, BEK TV special report that broadcast a Friends of Ag and Energy public information session on the Summit Carbon pipeline, held at Bismarck State College’s National Energy Center of Excellence, Governor Doug Burgum said, “Sustainable aviation fuel, if you want to call it the Saudi Arabia of sustainable aviation fuel, it’s going to happen somewhere between North Dakota and Iowa and in between, the corn belt.”

Kathleen Neset, a geologist and owner of Neset Consulting Service Inc. who moderated the panel, spoke after Burgum, stating the following at the outset:

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Exclusive: After budget boost, Iowa governor gave senior staff big raises

Governor Kim Reynolds gave four of her top staffers raises ranging from 13 percent to 17 percent several months after Republican lawmakers approved a major boost to the governor’s office budget.

The large pay increases took effect in early September, according to salary records Bleeding Heartland obtained through a public records request. All staff in the governor’s office had already received a 3 percent raise at the beginning of fiscal year 2024 in July.

Public employees often receive a small bump in compensation at the start of a new fiscal year, but few are able to obtain raises of 10 percent or more without a promotion or a significant change to their job duties.

A spokesperson for Reynolds described the salary hikes as an “important investment” and asserted that “offering salaries commensurate with experience and job responsibilities is critical to ensuring optimal performance and continuity of state government.”

However, data the governor’s office provided to Bleeding Heartland did not support the claim that many of Reynolds’ staffers were previously underpaid compared to counterparts in similar states.

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Exclusive: Agencies spent $1 million on Iowa governor's office costs last year

In March, Governor Kim Reynolds hailed passage of her state government reorganization plan, saying it would be “an important step” to “reduce the size and cost of government.”

The governor’s commitment to making government smaller and less costly hasn’t extended to her own staff.

In the fiscal year that ended June 30, other agencies spent more than $1 million to cover operating costs in the governor’s office, documents Bleeding Heartland obtained through public records requests show. Those funds allowed the governor’s office to spend nearly 50 percent more than its budget appropriation of $2.3 million for fiscal year 2023.

Reynolds’ chief of staff Taryn Frideres told state lawmakers in February that increasing the governor’s office allocation for the current fiscal year by about $500,000 (a 21 percent bump) would be “more transparent” and ensure that “our actual appropriation is closer to our expenses, so that we can budget in a more straightforward way.”

But records Bleeding Heartland reviewed indicate that the $2.8 million general fund appropriation Republicans approved for fiscal year 2024 will fall far short of what the governor’s office will spend on staff salaries and other expenses.

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Error prompts governor's "extraordinary" intervention on appointing judge

For the second time in three years, Governor Kim Reynolds refused to act on a slate of nominees approved by one of Iowa’s regional judicial nominating commissions.

In early November, Reynolds took the “extraordinary step” of returning one candidate to the District 2B Judicial Nominating Commission. She eventually appointed Ashley Sparks to fill the District Court vacancy, but only after the commission held an additional meeting (at the governor’s request) to nominate a second eligible candidate for the judgeship.

The sequence of events raises questions about the governor’s legal authority to intervene when a judicial nominating commission has not adequately discharged its duties.

The situation also raises broader questions about the District 2B Judicial Nominating Commission. In November 2021, Reynolds refused to fill a vacancy in the same district after determining a judge’s “unprofessional” conduct had tainted the selection process. Since then, the District 2B commission—unlike all of its counterparts around the state—has not followed statutory and constitutional provisions that call for the senior judge of a district to chair such bodies.

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Summit Ag wells could pump massive amount of water in Kossuth County

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past twelve years.

Summit Agricultural Group operates at least seventeen wells in Kossuth County alone that have not applied for water use permits through the Iowa Department of Natural Resources’ (DNR) Water Allocation Compliance and Online (WACOP) permitting system, Bleeding Heartland has learned.

The DNR confirmed the lack of permit applications in response to questions prompted by landowner Alan Laubenthal’s October 5 testimony at the Iowa Utilities Board’s evidentiary hearing in Fort Dodge on Summit Carbon Solutions’ proposed CO2 pipeline.

“The department has not received permit applications for these facilities,” DNR outreach and marketing bureau chief Tammie Krausman confirmed in a November 3 email. “It is the applicant’s responsibility to know if they need a permit and apply according to the requirements. The requirement is 25,000 gallons in a 24-hour period. While facilities are capable of pumping more than 25,000 gallons per day, the permit requirement is based on the actual usage of water.”

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Exclusive: Utilities board documents don't explain mediation decisions

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

Internal Iowa Utilities Board documents provide little insight into the board’s decision to hire Carolina Dispute Settlement Services and North Carolina attorney Frank Laney to conduct mediation sessions on Summit Carbon Solutions’ CO2 pipeline project.

The records the board provided in response to Bleeding Heartland’s request do reveal, however, that the board hoped for a stronger response to mediation from landowners along Summit Carbon’s proposed path.

According to Iowa Utilities Board general counsel Jon Tack, the board did not enter into a written contract with Carolina Dispute Settlement Services or Laney. “The Iowa Utilities Board does not have a contract with Frank Laney or Carolina Dispute Settlement Services and will ensure any payments do not exceed State of Iowa procurement limitations,” Tack told Bleeding Heartland via email on October 30.

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NC attorney conducting Summit Carbon mediations with Iowa landowners

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

A North Carolina attorney is conducting mediation sessions the Iowa Utilities Board has facilitated between Summit Carbon Solutions and landowners on the company’s proposed CO2 pipeline route, the board’s general counsel confirmed to Bleeding Heartland.

Shortly after becoming Iowa Utilities Board chair on May 1, Erik Helland presided over a June 6 status conference related to Summit Carbon Solutions’ CO2 pipeline project. Foremost on his agenda was the new, experimental idea of offering mediation to landowners and Summit Carbon representatives. Helland explained:

Also included in the May 19 order was a proposal about potentially using mediators to assist voluntary landowners with the easement negotiation process. The Board stated it was exploring this idea and would seek input from the parties at this meeting.

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Summit Carbon's annual water use in Iowa could be hundreds of millions of gallons

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years. 

While testifying before the Iowa Utilities Board on September 5, Summit Carbon Solutions chief operating officer James “Jimmy” Powell outlined the company’s need for large amounts of water at each of the sites identified as pipeline “partners” throughout the five-state route proposed for a CO2 pipeline. “We’ll need the water supply at every plant, so we’re working with individual plants,” he said. According to the Summit Carbon website, the pipeline would connect to thirteen ethanol plants in Iowa.

Online records from the Iowa Secretary of State’s office show that twelve Summit-affiliated LLCs filed Certificates of Authority as foreign limited liability companies on the afternoon of August 31. A thirteenth LLC, Saint Ansgar SCS Capture, LLC, filed an application for a Certificate of Authority on July 3, which was approved on the same day.

All are identified as member-managed firms formed in Delaware, and all share an address with Summit Carbon Solutions in Ames. SCS Carbon Removal, LLC is identified as the member or manager firm on all of the applications. Jess Vilsack, general counsel for Summit Carbon Solutions, signed for each of the LLCs.

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Exclusive: Summit Carbon LLCs seek well permits in Iowa

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years. 

When examining the intricate web of businesses that have sprung up around Summit Carbon Solutions, one cannot help but wonder how many private, largely unregulated LLCs are associated with the proposed CO2 pipeline.

Lawler SCS Capture, LLC is among the more recently unearthed businesses formed by Summit. On May 29, 2023, the Iowa Department of Natural Resources issued a water use permit to Lawler SCS, which shares an address with Summit Carbon Solutions in Ames. The permit expires on May 28, 2033. Lawler SCS submitted its application to the department on April 17.

The permit authorizes Lawler SCS to:

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Why U of Iowa business school is running TV ad campaign

John Morrissey is a freelance writer in Des Moines.

Sharp-eyed readers may have noticed this summer that the University of Iowa’s Henry B. Tippie College of Business has signed on as a sponsor of the 6 pm newscasts on KCCI-TV 8 and WHO-TV 13. Those viewers may also be mystified about why the ads are running

The business school has placed 15-second sponsorship ads during the Des Moines television newscasts along with radio, print, billboard, and digital ads in order to reintroduce the Tippie College of Business to central Iowans, College Dean Amy Kristof-Brown told Bleeding Heartland.

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Governor turns up pressure on Iowa Supreme Court over abortion ban

Abortion became legal again in Iowa on July 17, after a Polk County District Court blocked the state from enforcing a near-total ban Governor Kim Reynolds had signed into law three days earlier.

Reynolds immediately vowed to “fight this all the way to the Iowa Supreme Court where we expect a decision that will finally provide justice for the unborn.”

It was the latest example of Reynolds striking a defiant tone toward the jurists who will eventually decide whether the Iowa Constitution allows the government to make abortion almost impossible to obtain.

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Iowa governor names Emily Wharton to lead Department for Blind

Governor Kim Reynolds has appointed Emily Wharton to remain in charge at the Iowa Department for the Blind, effective July 1. Wharton has worked for the agency since 2013 and has served as its director since 2016.

NEW POWER FOR THE GOVERNOR

For generations, the Iowa Commission for the Blind (a three-member body appointed by the governor) had the authority to hire and fire the agency director. But Reynolds’ plan to restructure state government, which Republican lawmakers approved in March, gave that power to the governor.

The change was consistent with language giving Reynolds direct control over several other agency leaders not already serving “at the pleasure of the governor.” But that idea didn’t come from the outside consultant’s report on realigning Iowa government, commissioned by the Reynolds administration at a cost of $994,000. Blind Iowans turned out in large numbeers for state House and Senate subcommittee hearings on the bill and uniformly spoke against the proposal.

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Exclusive: Iowa's late reporting jeopardized universities' federal funds

The state of Iowa’s chronic lateness in producing financial reports threatened to disrupt the flow of federal funds to Iowa’s universities this year, documents obtained by Bleeding Heartland show.

For the third year in a row, the state will be more than six months late to publish its Annual Comprehensive Financial Report (ACFR), which the Iowa Department of Administrative Services compiles. As of June 26, only six states had not published their comprehensive financial reports for fiscal year 2022 (see appendix 2 below).

The delay has pushed back the publication of Iowa’s statewide Single Audit, a mandatory annual report for non-federal entities that spend a certain amount of federal dollars.

To address concerns raised by the U.S. Department of Education, state auditors worked out an arrangement to produce individual FY2022 Single Audit reports for Iowa’s three state universities by the end of June. The State Auditor’s office released the first of those reports, covering the University of Iowa, on June 27.

Going forward, state auditors will prepare separate Single Audit reports for each Iowa university by March 31, the federal deadline for providing such documentation.

A notice posted in January on the EMMA website, the leading source for data and documents related to municipal bonds, did not clarify why Iowa’s ACFR would be late again. Tami Wiencek, public information officer for the Department of Administrative Services, has not replied to inquiries about the reason for the extended delay. Records indicate that staff turnover at the agency has derailed what was for many years a smooth process.

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How Grassley, Ernst approached debt ceiling under different presidents

The United States avoided a doomsday scenario for the economy this week, when both chambers of Congress approved a deal to prevent a default on the country’s debts in exchange for future spending cuts. Iowa’s entire Congressional delegation supported the legislation, marking the first time in decades that every member of the U.S. House and Senate from this state had voted to raise or suspend the debt ceiling.

The vote was also noteworthy for Senators Chuck Grassley and Joni Ernst, who were part of the 63-36 majority that sent the bill to President Joe Biden. Bleeding Heartland’s review of 45 years of Congressional records showed Grassley had backed a debt ceiling bill under a Democratic president only once, and Ernst had never done so.

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Exclusive: Iowa governor's office hides the ball on its own spending

Iowa House and Senate Republicans have agreed to increase the allocation for Governor Kim Reynolds’ office by more than 20 percent, even as many state agencies are receiving status quo budgets for fiscal year 2024, which begins on July 1.

Senate Appropriations Committee chair Tim Kraayenbrink acknowledged during floor debate on April 26 that Republicans do not know how the governor’s office plans to use an additional $500,000 standing appropriation for FY2024.

It was an extraordinary moment, but not a surprising one. For years, Reynolds’ staff have avoided disclosing how the governor’s office was covering expenses that greatly exceeded the funds allocated by the legislature, by nearly $900,000 in fiscal year 2020 and roughly the same amount in fiscal year 2021.

The Reynolds administration has also made it increasingly difficult to uncover details about the governor’s office spending through open records requests. Budget reports for fiscal year 2022, which ran from July 2021 through last June, were provided in a different format from previous years, concealing how much other state agencies provided to compensate Reynolds’ staffers. In response to a records request, the governor’s office claimed to have no invoices for such payments.

Nevertheless, documents obtained by Bleeding Heartland indicate that other state agencies contributed about $670,000 to cover salaries and benefits for Reynolds’ staffers during fiscal year 2022. The governor’s office was able to cover another $115,000 in expenses by continuing to understaff the Office of State-Federal Relations, for which other state agencies are charged a fixed fee.

In other words, even an additional $500,000 appropriation, bringing the governor’s office general fund budget to $2.8 million for the coming fiscal year, probably would not be enough to cover all expenses.

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State board asks Iowa lawmakers to regulate recurring campaign donations

The Iowa Ethics and Campaign Disclosure Board has asked state lawmakers to approve a bill requiring donors to opt in to recurring contributions to Iowa candidates or political committees.

The agency charged with enforcing Iowa’s campaign regulations pre-filed the bill last month, after the six-member board unanimously voted to recommend the policy at its November meeting.

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Feenstra's stance on earmarks costs his district millions

The omnibus budget bill Congress just approved will fund dozens of infrastructure projects or services in Iowa during the current fiscal year, which ends on September 30, 2023.

But none of those earmarks (totaling tens of millions of dollars) will benefit communities or facilities in the fourth Congressional district. That’s because for the second year in a row, U.S. Representative Randy Feenstra declined to ask for specific projects to be included in the federal budget.

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Miller-Meeks touts ag tech, nuclear power at climate summit

U.S. Representative Mariannette Miller-Meeks advocated for precision agriculture, biofuels, and expanding nuclear power in comments at the recent 2022 United Nations Climate Change Conference, commonly known as COP27.

Miller-Meeks attended COP27 in Sharm El-Sheikh, Egypt as part of a delegation of six House Republicans who belong to the Conservative Climate Caucus. U.S. Representative John Curtis of Utah formed that caucus last year with support from fossil fuel industry and influential conservative advocacy groups. Miller-Meeks is the only Iowan among the 76 House Republicans currently listed as Conservative Climate Caucus members.

The Conservative Climate Foundation sponsored the House Republican delegation to COP27 and coordinated a panel discussion for the media. Little is known about that organization’s finances; its tax filings are not publicly available on the Internal Revenue Service’s website or ProPublica’s database of tax returns from 501(c)(3) nonprofits.

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Fourteen Iowa Senate races to watch on election night 2022

Editor’s note: This analysis has been updated with unofficial results from all the races. Original post follows.

The major parties have spent hundreds of thousands of dollars on the most competitive 2022 Iowa House and Senate races.

This post highlights seven state Senate districts where one or both parties have spent large sums, and another seven where even without a big investment by Democrats or Republicans, the results could shed light on political trends.

All voter registration totals listed below come from the Iowa Secretary of State’s office, as reported on November 1. All absentee ballot figures come from the Secretary of State’s office, as reported on November 7. All past election results come from the map Josh Hughes created in Dave’s Redistricting App.

All figures for in-kind spending by the Iowa Democratic Party or Republican Party of Iowa come from filings with the Iowa Ethics and Campaign Disclosure Board. I focus on in-kind spending, because candidates in battleground Iowa legislative races typically give most of their funds to the state party. The party then covers the bulk of the large expenditures for direct mail and/or television, radio, and digital advertising.

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Gannett prints fake newspapers at Des Moines Register plant

Fake newspapers designed to drive Illinois voters away from Democratic candidates are being printed at the Des Moines Register’s plant, Gannett staff confirmed to Bleeding Heartland.

At least eleven printed publications, which are part of the conservative network Local Government Information Services (LGIS), have been distributed to Illinois residents since August. Sometimes known as “pink slime” journalism, such publications combine political advocacy with stories resembling neutral coverage of local news or sports. The material has the look and feel of a newspaper, but the content is more like political advertising.

Jem Bartholomew of the Columbia Journalism Review was first to report in early October that Gannett had taken over printing of the LGIS products. The previous publisher, which also owns the suburban Chicago newspaper Daily Herald, canceled its commercial printing contract with LGIS in late September, saying “Many critics cannot or refuse to differentiate between a commercial printing operation” and the Herald’s “editorial mission to be unbiased and fair.”

The Des Moines Register’s executive editor, Carol Hunter, had no comment beyond confirming in a November 4 email that “these are commercial print clients.” She provided a statement from Gannett’s corporate communications staff: “We do not discuss our commercial print clients and have no further comment.”

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Iowa governor not even close to keeping one 2018 campaign promise

“If elected, will you commit to weekly press conferences?” a moderator asked during the first debate between Iowa’s candidates for governor in October 2018. “I do it all the time,” Governor Kim Reynolds replied.

Asked again during that campaign’s third debate whether she would hold weekly press conferences, Reynolds claimed to have already made that commitment, adding, “If there’s any ambiguity, I will.”

Bleeding Heartland’s review of the governor’s public schedule reveals she has not come close to keeping that promise for most of the past four years. After a period of greater accessibility during the COVID-19 pandemic, Reynolds held just four formal news conferences during the second half of 2021. More than 40 weeks into this year, she has held only ten news conferences, the last occurring on July 12.

Reporters with access have sometimes been able to ask the governor a few questions at a “gaggle” after a bill signing or another public event. But most weeks, Reynolds has not scheduled even an informal media availability.

Avoiding unscripted questions on camera gives Reynolds greater control over news coverage of her administration, and keeps awkward moments mostly out of public view.

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Exclusive: Labor relations board shifts staff, cases to other agency. Is it legal?

Iowa’s Public Employment Relations Board (PERB) is transferring most of its staff and caseload to the state Department of Inspections and Appeals.

Since the mid-1970s, PERB members and administrative law judges have adjudicated labor disputes within state and local government or school districts. Following the changes, administrative law judges now working for PERB will handle other matters, while other employees at Inspections and Appeals will hear cases that were previously in PERB’s jurisdiction.

State officials have not announced the changes, which are scheduled to take effect on September 30. It’s not clear who initiated or authorized the plan. Staff in the governor’s office and Department of Inspections and Appeals did not respond to any of Bleeding Heartland’s inquiries over the past three weeks. PERB members Erik Helland and Cheryl Arnold likewise did not reply to several emails.

State Senator Nate Boulton, a Democrat with extensive experience as a labor attorney, has asked Attorney General Tom Miller for an official opinion on whether “it is an illegal shift of an essential PERB duty” to assign its responsibilities “to an unrelated state agency.”

Boulton also asked Miller to weigh in on the legality of Governor Kim Reynolds’ recent appointments to PERB. As Bleeding Heartland previously reported, Reynolds has circumvented the Senate confirmation process by keeping one of the three PERB positions unfilled, so she can name her preferred candidates to a vacant slot while the legislature is not in session.

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Republicans spending big on Des Moines area legislative races

The Republican Party of Iowa has reserved more than $1.1 million in television air time for six candidates seeking Iowa legislative seats in the Des Moines metro area, and will likely spend hundreds of thousands more to promote them on television during the final stretch of the campaign.

Documents filed with the Federal Communications Commission show the GOP plans to spend more than $650,000 on broadcast tv supporting Jake Chapman and Mike Bousselot, who are running in the party’s top two central Iowa Senate targets.

The party also will spend six-figure sums on tv ads for four Iowa House candidates in Polk or Dallas counties, whose commercials began airing last week.

Those numbers do not include any funds the GOP will spend on direct mail, radio, or digital advertising for the same candidates.

This post focuses on early tv spending on legislative races in the Des Moines market. Forthcoming Bleeding Heartland posts will survey other battleground Iowa House or Senate districts.

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Exclusive: Miller-Meeks used taxpayer funds for large radio ad buy

U.S. Representative Mariannette Miller-Meeks spent more than $63,000 from her office budget to pay for radio advertising highlighting top campaign issues for House Republicans. The expenditures, using the “franking privilege” available to all members of Congress, were legal during the five weeks Miller-Weeks bought the ads, taking advantage of a little-noticed provision allowing such taxpayer-funded media promotions.  

Bleeding Heartland’s review of Iowa radio station political files, archived on the Federal Communications Commission’s website, showed Miller-Meeks used franking funds to place 60-second commercials on at least eight Iowa radio stations in August or September.

Staff for Miller-Meeks did not reply to inquiries about the advertising campaign, which marked a departure from how the Republican allocated her office budget during her first year and a half in Congress.

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Governor appoints board member Iowa Senate already rejected

In another end run around the Iowa Senate confirmation process, Governor Kim Reynolds has named Cheryl Arnold to serve on Iowa’s Public Relations Board (PERB), which adjudicates labor disputes within state and local government or school districts.

The governor’s office has not publicly announced the nomination, and at this writing, the board’s website lists only one member (Erik Helland) on what Iowa law designates as a three-person board. Reynolds informed Secretary of the Iowa Senate Charlie Smithson about Arnold’s appointment in a letter dated August 15, which Smithson provided to Bleeding Heartland.

Arnold previously served as chair of the PERB for a little more than a year. She left the position after Iowa Senate Democrats voted against her nomination near the end of the 2020 legislative session. Appointments subject to Senate confirmation need a two-thirds vote for approval, giving Democrats the power to block nominations while in the minority.

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Exclusive: Ethics board cleared use of state building for SOTU response

The Iowa Ethics and Campaign Disclosure Board gave advance approval of Governor Kim Reynolds’ plan to deliver a nationally-televised speech on behalf of Republicans from state government property.

Reynolds delivered the GOP response to President Joe Biden’s State of the Union address from the terrace of the State Historical Building in downtown Des Moines. That part of the facility has been closed to the public all year due to renovations.

The Iowa Department of Cultural Affairs did not charge the governor’s office for the space, which previously cost thousands of dollars to rent. However, documents Bleeding Heartland obtained through public records requests show the Kim Reynolds for Iowa campaign and the CNN television network covered some other costs associated with the State of the Union response.

Iowa law prohibits “the expenditure of public moneys for political purposes.” But a few days before the March 1 speech, the ethics board’s executive director Zach Goodrich assured the governor’s senior legal counsel that based on his understanding of the facts, Reynolds “would not be in violation” of that code section if she spoke from the State Historical Building.

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Iowa campaign regulator may require attribution for political texts

The Iowa Ethics and Campaign Disclosure Board may soon clarify whether state laws on attribution statements apply to some kinds of political text messages, the board’s executive director Zach Goodrich told Bleeding Heartland.

Goodrich plans to draft an advisory opinion that would confirm when text messages are “electronic general public political advertising” subject to Iowa’s law requiring disclosure of who is responsible for express campaign advocacy.

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Governor still playing musical chairs with employment board

For a second straight year, Governor Kim Reynolds has reappointed Erik Helland to Iowa’s Public Employment Relations Board (PERB) after Helland failed to win Iowa Senate confirmation. In an apparent effort to circumvent the legally required confirmation process, Reynolds appointed Helland to a different position on the three-member board, which adjudicates labor disputes within state and local government or school districts.

She used the same maneuver last summer to name Helland as PERB chair after the Iowa Senate did not confirm him during the 2021 legislative session.

The governor has not filled the now-vacant position of PERB chair, saying in a recent letter to the top Iowa Senate staffer that her administration “has initiated, but has not yet completed, the selection process.” That leaves the board with no quorum; Reynolds has kept one position unfilled since August 2020.

The long-running vacancy allows the governor’s preferred nominees to remain on the board, even if they don’t receive a two-thirds confirmation vote in the state Senate. Asked for comment on Helland’s reappointment, the Democratic senators who reviewed the PERB nominees accused the governor of “a partisan power grab” and “rigging the appointment process so she can get her way.”

Reynolds’ spokesperson Alex Murphy did not respond to eight inquiries about the PERB appointments between late May and July 28.

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Exclusive: Iowa trooper crash investigation details remain secret

John Morrissey, a freelance writer in Des Moines, follows up on his coverage of a fatal accident last year.

More than nine months after the crash that killed on-duty Iowa State Trooper Ted Benda, the Iowa Department of Public Safety has nothing more to say about the cause of his death, or its implications. The department’s technical investigation is classified as confidential.

The initial public incident report seems to attribute the accident to the trooper’s driving behavior. That was likely a contributing factor, but was it the sole cause?

The five-month technical investigation into this crash may or may not have considered a poor headlight rating, or higher than average driver death rates for the vehicle involved, as contributing factors. It’s unclear because the technical investigation report will remain secret unless it is sought as part of several exceptions to state law, none of which allow public review.

In response to Bleeding Heartland’s inquiries, the department offered no explanation of steps it might have taken since Benda’s death to reduce future risks, such as testing the headlight aim of its Dodge Chargers, or reviewing the crash statistics for its workhorse patrol vehicle, or even providing a “don’t veer for deer” reminder to troopers.

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Exclusive: New Iowa absentee rules disenfranchised hundreds in 2022 primary

New restrictions on absentee voting prevented hundreds of Iowans from having their ballots counted in the June 7 primary election, Bleeding Heartland’s review of data from county auditors shows.

About 150 ballots that would have been valid under previous Iowa law were not counted due to a bill Republican legislators and Governor Kim Reynolds enacted in 2021, which required all absentee ballots to arrive at county auditors’ offices by 8:00 pm on election day. The majority of Iowans whose ballots arrived too late (despite being mailed before the election) were trying to vote in the Republican primary.

Hundreds more Iowans would have been able to vote by mail prior to the 2021 changes, but missed the new deadline for submitting an absentee ballot request form. More than half of them did not manage to cast a ballot another way in the June 7 election.

The new deadlines will trip up many more Iowans for the November election, when turnout will likely be about three times the level seen in this year’s primary, and more “snowbirds” attempt to vote by mail in Iowa from other states.

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Who the Iowa Democratic primary voters are

Early voting for Iowa’s June 7 primary begins on May 18. Democrats have one contested race for a federal office (Abby Finkenauer, Mike Franken, and Glenn Hurst are running for U.S. Senate) and one for a statewide office (Joel Miller and Eric Van Lancker are running for secretary of state). There are also many competitive primaries for Iowa House or Senate seats.

Turnout for this year’s primary will likely be much lower this year than in 2020, when Secretary of State Paul Pate sent every active registered voter an absentee ballot request form. In addition, a law Republicans enacted last year shortened Iowa’s early voting window from 29 days to 20 days and made it harder to return a completed ballot in time to have the vote counted.

Even so, more than 100,000 Democrats will likely participate in the June 7 election. I analyzed statistics and results from the last three cycles for clues on who Iowa Democratic primary voters are and where most of them live.

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Key state financial report four months late, not near completion

More than four months after the usual publication date of December 31, Iowa’s Annual Comprehensive Financial Report (ACFR) for the fiscal year that ended on June 30, 2021 is nowhere in sight.

It’s the second straight year that the detailed report on state finances is far behind schedule. The ACFR must be completed before many other annual audits of state government entities can be conducted.

For decades, Iowa routinely published the report within six months of the end of the previous fiscal year. That time frame earned the state a Certificate of Achievement for Excellence in Financial Reporting from the leading organization for government finance officers.

CAUSE OF DELAY STILL UNCLEAR

The report for fiscal year 2020 was delayed for about nine months, mostly because of accounting problems at Iowa State University. But the university told Bleeding Heartland in January that ISU “submitted all year-end financials, responded to audit questions and completed recommended changes for the final financial statements by Nov. 12, 2021.” That’s only about six weeks after the deadline for most state government entities to send fiscal year-end data to the Iowa Department of Administrative Services.

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DNR director offers a cautionary tale for Iowans who hunt, fish

Iowa Department of Natural Resources Director Kayla Lyon has a message for Iowans after being cited on March 21 for fishing without a license in Jackson County.

Reached by email on March 25, Lyon confirmed a record in Iowa Courts Online referred to her citation, explaining,

I had my combination hunting and fishing license set to auto renew but my bank issued me a new card and I forgot to update the system. I was paddlefishing on the Mississippi last Friday [March 18]. When I was informed that I didn’t have a valid license, I asked our law enforcement chief to issue me a citation as soon as we could connect on Monday morning. It was an honest mistake but the laws apply to me just like anyone else. I have since gone online and renewed my combination license.

I’m told this situation is not uncommon. I would encourage anyone with an Iowa license to routinely check their accounts to ensure this doesn’t happen to them.

I would guess that most people who use credit cards have forgotten to update their information on some recurring charge after getting a new card. So this case presents a useful warning to Iowa’s “hook and bullet crowd”: next time you go fishing or hunting, check beforehand to make sure your licenses are up to date.

Lyon set a good example by acknowledging her mistake, knowing the citation would be listed in publicly available databases.

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Barriers for third-party candidates reduced Iowa voters' choices

New laws enacted by Republican legislators and Governor Kim Reynolds succeeded in limiting third-party competition for Iowa’s state and federal offices.

According to the general election candidate list published by the Iowa Secretary of State’s office on March 21, only one minor-party candidate qualified for a federal office this year: Bryan Jack Holder, who is running in the fourth Congressional district. Libertarians are fielding candidates for governor and lieutenant governor: Rick Stewart and Marco Battaglia. In 2018, Libertarian candidates were on the ballot for all of Iowa’s statewide and federal offices.

No independent candidate filed for any federal or statewide office in Iowa this year. For most of the last decade’s elections, independent candidates were on the ballot for several of those offices.

Only two candidates not representing a major party filed for any of the the 34 Iowa Senate seats on the ballot in 2022; both are running in Senate district 17. Across the 100 Iowa House races, only three Libertarian candidates and four independents will appear on the November ballot.

Before Republicans passed new restrictions in 2019 and 2021, Iowa voters were able to choose candidates not representing either major party in more elections.

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Federal auditors reviewing CARES Act funds for governor's staff salaries

The U.S. Treasury Department’s Office of Inspector General is reviewing documentation provided to justify Governor Kim Reynolds’ use of federal COVID-19 relief funds to compensate staff in her office, Deputy Inspector General Richard Delmar told Bleeding Heartland on March 14.

The State Auditor’s office concluded in November and reaffirmed this month that Reynolds used $448,449 in CARES Act funds to pay part of the salaries and benefits of 21 permanent staffers between March and June 2020 in order to “cover a budget shortfall that was not a result of the pandemic.” State Auditor Rob Sand called on Reynolds to return the money to Iowa’s Coronavirus Relief Fund before the end of 2021. The governor’s office has insisted its use of COVID-19 relief funds for staff salaries was justified.

When the State Auditor’s office published its findings in November, Delmar told Bleeding Heartland his office “has not initiated an audit of the Governor’s Office salaries and awaits resolution of this matter between the Iowa State Auditor and the Governor’s Office.”

Asked this week about the impasse between Reynolds and state auditors, Delmar confirmed via email, “We have requested documentation of the uses from the State Auditor’s Office and are in the process of reviewing it.”

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