Politicians love spending time at the Iowa State Fair, and many candidates for state and federal offices made multiple visits this year. But in a break with a long-running practice, Republicans seeking statewide and federal offices mostly shunned the Des Moines Register’s Political Soapbox.

Just three of the eleven GOP candidates invited to the Soapbox were willing to devote 20 minutes of their state fair visit to a public speech outlining their agenda. Every elected Republican official steered clear.

Avoiding the Register’s platform is another sign of growing Republican hostility toward traditional Iowa media. Other recent examples: some GOP candidates refused to meet with high-profile editorial boards in 2018 and 2020, and Iowa Senate leaders abandoned more than a century of tradition to kick reporters off the chamber’s press bench this year.

More than four years after signing into law a ban on using public funds to promote the name, likeness, or voice of Iowa’s statewide elected officials in a “paid exhibit display at the Iowa state fair,” Governor Kim Reynolds continues to spend part of her office budget on an Iowa State Fair booth plastered with her name and picture.

Neither the Republican-controlled legislature nor the state board charged with enforcing the self-promotion law have taken any steps to remedy the situation.

Attorney General Tom Miller can remain on the Democratic primary ballot, the State Objection Panel affirmed on March 29, after determining his campaign had collected at least 77 valid signatures in eighteen counties, as required by Iowa law.

If he had been knocked off the ballot, Miller could have been nominated at the Iowa Democratic Party’s statewide convention in June. However, failing to qualify would have been an embarrassing misstep for a longtime office-holder.

Almost all of the legal arguments Miller’s representative advanced failed to convince a majority of the three panel members: Secretary of State Paul Pate, Lieutenant Governor Adam Gregg, and State Auditor Rob Sand. But one neat trick forced the two Republicans to accept enough Story County signatures for the campaign to cross the threshold.

Guthrie County Attorney Brenna Bird launched her second campaign for Iowa attorney general on January 4. Although her Democratic opponent will be Attorney General Tom Miller, Bird signaled that her strategy will be to run against two Democratic presidents.

Chuck Grassley hasn’t been acting like a senator who plans to retire. So it was no surprise when he confirmed at 4:00 am that he’s running for an eighth U.S. Senate term. In a tweet from his campaign account, Grassley said he and his wife Barbara made the decision because he has “a lot more to do, for Iowa.”

Grassley never lost an election hasn’t lost an election since 1956, and barring some cataclysmic event, he’s not going to lose next year. Everything stacks in his favor: name ID, fundraising capacity, a comfortable lead over his best-known Democratic challenger, Iowans’ tendency to re-elect incumbents, generally favorable trends for Iowa GOP candidates, and the reality that midterms are usually tough for the president’s party. (Though State Senator Jim Carlin is staying in the race, I don’t see any path for Grassley’s Republican primary opponent.)

Governor Kim Reynolds directed that nearly $450,000 in federal funding the state of Iowa received through the Coronavirus Aid, Relief and Economic Security (CARES) Act be used to cover salaries and benefits for staff working in her office.

According to documents Bleeding Heartland obtained from the Iowa Department of Management through public records requests, the funds will cover more than 60 percent of the compensation for 21 employees from March 14 through June 30, 2020.

Reynolds has not disclosed that she allocated funds for that purpose, and reports produced by the nonpartisan Legislative Services Agency have not mentioned any CARES Act funding received by the governor’s office. Nor do any such disbursements appear on a database showing thousands of state government expenditures under the CARES Act.

The governor’s communications director Pat Garrett did not respond to four requests for comment over a two-week period.

“Quite simply, when someone serves their sentence and pays the price our justice system has set for their crimes, they should have their right to vote restored automatically, plain and simple,” Governor Kim Reynolds said on August 5, shortly before signing a critically important document.

Executive Order 7 automatically restores voting rights to most Iowans who have completed prison sentences or terms of probation or parole associated with felony convictions. The Iowa-Nebraska NAACP estimated that the order paves the way for more than 40,000 people to vote this year. Going forward, approximately 4,700 Iowans who complete felony sentences each year will regain the same rights.

Reynolds had publicly promised to sign such an order seven weeks ago, after Republican senators declined to advance the state constitutional amendment that was her preferred way of addressing the problem.

Both the substance of the measure and the way the governor announced it revealed aspects of her leadership style.

More than four months into the novel coronavirus pandemic, Governor Kim Reynolds and the Iowa Department of Public Health are finally acknowledging that slowing the spread of COVID-19 will require many more Iowans to routinely cover their faces in public.

Their “#StepUpMaskUpIA” campaign might have been more successful if state officials had pushed the message before reopening businesses and lifting other COVID-19 mitigation strategies in May and June. Instead, top officials waited until new coronavirus cases, hospitalizations, and deaths had been trending upward in Iowa for weeks.

Public health experts at the University of Iowa urged state leaders months ago to call for universal use of face coverings. But at her televised news conferences, Reynolds repeatedly asserted that expanded testing would allow the state to “manage” and “control” the virus. At the same events, the governor regularly portrayed face masks as something vulnerable Iowans might need, or a precaution people could bring with them in case they found themselves in a crowded setting.

As recently as last week, Reynolds was photographed in close proximity to others, with no one’s face covered. Even now, she refuses to delegate authority so local governments can issue enforceable mask orders.

In its most closely-watched meeting in living memory, the Iowa State Fair board voted on June 10 not to hold the fair this year, due to the coronavirus pandemic.

Although the board’s 11-2 vote was livestreamed, the brief meeting shed no light on the deliberations. There was no public discussion of the pros and cons of postponing the event until 2021. Nor did members debate alternative scenarios explored by staff, like holding a scaled-back event with limited attendance, mandatory face coverings, or temperature checks.

All board members present avoided a public stand on the difficult decision through a secret ballot vote, in apparent contradiction with Iowa’s open meetings law.

Governor Kim Reynolds’ designated representative on the body missed the meeting entirely.

Governor Kim Reynolds has urged Iowans to “unite in prayer” today in response to the novel coronavirus (COVID-19) pandemic. In a proclamation presenting elements of Christian theology as fact, Reynolds declared April 9 to be a “Day of Prayer” statewide. An accompanying news release invited the public to participate in the Iowa Prayer Breakfast, which was held virtually this morning. The annual event features Christian faith leaders.

Reynolds and Lieutenant Governor Adam Gregg appeared in their official capacity at the breakfast, via separate video links. Speaking from the state emergency operations center with the state flag and seal of Iowa visible behind her, Reynolds hailed the effort to keep “glorifying Jesus Christ through the public affirmation of His sovereignty over our state and our nation.” From the Capitol building, Gregg observed that “Christ’s love for us” will never change, even in challenging times.

A public health emergency is no excuse for elected officials to promote religion, especially not a specific faith tradition.

Fourteen people representing a “diverse group of stakeholders” will recommend policies to reduce recidivism and racial disparities in Iowa’s criminal justice system, Governor Kim Reynolds announced on November 4.

Lieutenant Governor Adam Gregg, a former state public defender, will chair the Governor’s FOCUS Committee on Criminal Justice Reform, which will meet for the first time on November 7. FOCUS stands for “Fueling Ongoing Collaboration and Uncovering Solutions.” The other members are:

Governor Kim Reynolds and Lieutenant Governor Adam Gregg endorsed State Representative Ashley Hinson for Iowa’s first Congressional district on October 17. It was the latest sign that establishment Republicans do not want former U.S. Representative Rod Blum to re-enter politics.

Governor Kim Reynolds promised during last year’s campaign to resume weekly press conferences if elected. But 34 weeks into 2019, the governor has held only fourteen press conferences this year.

In addition, the governor’s office has not posted video of Reynolds answering questions from journalists on any publicly accessible platform since December. That’s a departure from past practice.

Governor Kim Reynolds made headlines last week with two vetoes: blocking language targeting the attorney general, and rejecting a medical cannabis bill that had strong bipartisan support in both chambers.

A provision she didn’t veto drew little attention. For the foreseeable future, it will prevent Iowa courts from using a tool designed to make the criminal justice system more fair to defendants of all races and income levels.

Reynolds should appreciate the value of the Public Safety Assessment (PSA), since she works closely with two former State Public Defenders: Lieutenant Governor Adam Gregg and the governor’s senior legal counsel Sam Langholz. But last year she ordered a premature end to a pilot program introducing the tool in four counties. The governor’s staff did not reply to repeated inquiries about the reasoning behind Reynolds’ stance on this policy.

Notably, the owner of Iowa’s largest bail bonding company substantially increased his giving to GOP candidates during the last election cycle, donating $10,100 to the governor’s campaign and $28,050 to Republicans serving in the state legislature.

Iowa House Chief Clerk Carmine Boal has refused to grant me credentials for the chamber during the 2019 legislative session. Staff for Governor Kim Reynolds have ignored repeated messages seeking credentials to cover the governor’s office or an explanation for denying my request.

Under the U.S. and Iowa constitutions, no government agency or official may restrain or abridge the freedom of the press. Government bodies must apply any media restrictions uniformly, without regard to the content of news reporting or commentary. That’s not happening here.

UPDATE: Tyler Higgs updated this article on October 21. Click here to skip to the updates below.

Second in a series by Tyler Higgs, an activist and former candidate for Waukee school board. He previously explored how to corrupt a school district. -promoted by desmoinesdem

Let’s say that you are a shady politician, and you want to take a whole lot of money from one source. Normally, campaign laws would require you to disclose your donor’s name, which could be problematic or politically damaging. Here’s how you can get around the laws:

1. Have your shady donor(s) hire an attorney to create a Limited Liability Company (LLC). That way, the business isn’t in the donor’s name and can’t be traced back to them.

2. Have your shady donor(s) put their money into the the LLC.

3. Accept all the money you want from the LLC. It doesn’t have to disclose who donated!

4. Hope your donor doesn’t send threats to people, exposing who they are.

A similar process seems to have occurred in Waukee.

Governor Kim Reynolds restored voting rights to 35 Iowans during her first year in the state’s top office. That number represents less than one-tenth of 1 percent of at least 60,000 Iowans who are ineligible to vote due to a felony conviction. Just 241 Iowans–less than one-half of 1 percent of those disenfranchised–have regained their voting rights since Governor Terry Branstad changed the system seven years ago to require a cumbersome application process.

What a difference two election cycles makes. After going all in against longtime Attorney General Tom Miller in 2010 and making a token effort to defeat him in 2014, Iowa Republicans did not even nominate a candidate for attorney general at their June 16 state convention.

It’s an embarrassing capitulation for a party whose leaders relentlessly and dishonestly bashed Miller during last year’s controversy over Governor Kim Reynolds’ constitutional authority to name a new lieutenant governor.

Governor Kim Reynolds used her item veto power today to preserve a pilot program designed to facilitate fair, cost-effective decisions on pretrial release for criminal defendants.

State Senator David Johnson, the only independent to serve in the Iowa legislature in recent decades, announced today he will not seek re-election in November. He had won four previous state Senate races as a Republican and indicated last year that he planned to run for another term. However, Johnson had neither raised nor spent any money from his campaign account since January 1.

The retirement gives the GOP, which already holds 29 of the 50 seats in the upper chamber, a clear shot at picking up Senate district 1 in the state’s northwest corner. According to the latest figures from the Iowa Secretary of State’s office, this district contains 7,304 active registered Democrats, 20,589 Republicans, and 13,333 no-party voters. Only one seat (nearby Senate district 2) is more heavily skewed toward the GOP. Brad Price, Zach Whiting, and Jesse Wolfe are competing for the GOP nomination in Johnson’s district. Democrats did not field a candidate here.

Iowa lawmakers went home for the year on May 5. In the coming weeks, Bleeding Heartland will catch up on some of the legislature’s significant work that attracted relatively little attention.

Two proposed state constitutional amendments passed both chambers and could appear on the 2020 general election ballot, if the House and Senate approve them in the same form during either 2019 or 2020.

Three other constitutional amendments cleared one chamber in 2017–in one case unanimously–then stalled in the other chamber as lawmakers completed this two-year session. Those ideas may resurface next year. But since changes to the state constitution must be passed by two consecutively elected legislatures before landing on the general election ballot (the last step in the process), Iowa voters would not be able to ratify those proposals until November 2022 at the earliest.

Iowa Senate Republicans elected new leaders today following Bill Dix’s unexpected resignation on March 12. Jack Whitver moves up from Senate president to majority leader, and Charles Schneider moves up from majority whip to Senate president. Amy Sinclair, who has been one of four assistant majority leaders, moves up to majority whip. Jake Chapman will take her place as an assistant leader.

Emily Silliman and Ellen Marie Lauricella maintain an impressive “information infrastructure for progressive organizations, campaigns, and activists in Iowa” (website, Facebook, Twitter). -promoted by desmoinesdem

We at Activate Iowa keep a calendar of political events statewide. Activists can use the calendar to find organizations in their area. They might also be looking to find friendly, like-minded people. Our premise is that if you connect activists with each other, and with candidates, Iowa can make a major turn for the better in the next election.

As a result of this activity, we have noticed a pattern. Some of the candidates for governor are organizing events around the state and some aren’t. Although most of the candidates attend party forums, parades and the like around the state, we are looking for events that the campaign itself arranges, as a sign that the campaign is building an organization in different parts of the state. The candidates who are the most active statewide are John Norris, Nate Boulton, and Cathy Glasson. We would argue that the choice for governor should be between those three candidates.

Iowa will soon have its first new secretary of agriculture since 2007. The U.S. Senate confirmed Bill Northey on February 27 as undersecretary for farm production and conservation at the U.S. Department of Agriculture. He should have been confirmed months ago; senators on the Agriculture Committee unanimously endorsed his nomination in October. But Senator Ted Cruz of Texas held the nomination over a Renewable Fuel Standard dispute that has nothing to do with Northey’s portfolio.

Once Northey resigns as Iowa secretary of agriculture, Governor Kim Reynolds will appoint his longtime deputy Mike Naig to fill that post for the rest of this year, the governor’s office announced on March 1. I enclose Naig’s official bio below. One of five Republicans who have said they will run for Northey’s job, Naig formally launched his campaign for that office on March 2. At this writing, only Craig Lang has qualified for the primary ballot. Other declared GOP candidates are Ray Gaesser, Chad Ingels, and Dan Zumbach. UPDATE: Northey posted on Twitter March 6, “I heartily endorse Mike Naig as our next Iowa Ag Secy. Mike has been a great partner as my Deputy Secy of ag for 4+ yrs. Mike is ready to lead. Let’s elect Mike in June & Nov!”

Senator Chuck Grassley hit a new low last week in running interference for the White House on the Trump/Russia investigation. After leaders of the private research firm Fusion GPS called on Congressional Republicans “to release full transcripts of our firm’s testimony” about the so-called Steele dossier, Grassley and Senator Lindsey Graham wrote to the Department of Justice and the FBI “urging an investigation into Christopher Steele.” Ranking Senate Judiciary Committee Democrat Dianne Feinstein was not consulted about the referral, which she accurately characterized as “another effort to deflect attention from what should be the committee’s top priority: determining whether there was collusion between the Trump campaign and Russia to influence the election and whether there was subsequent obstruction of justice.”

Here in Iowa, the Department of Human Services recently acknowledged that privatizing Medicaid “will save the state 80 percent less money this fiscal year than originally predicted,” Tony Leys reported for the Des Moines Register. The Branstad/Reynolds administration has claimed since 2015 that shifting care for one-sixth of Iowans to private companies would result in big savings for the state. Officials were never able to show the math underlying those estimates. Staff for Governor Kim Reynolds and the DHS now portray the miscalculation as an honest mistake, which a more “comprehensive methodology” will correct. The governor would have been wiser to pull the plug on this disaster last year.

Forthcoming Bleeding Heartland posts will address those failures in more depth. But now it’s time to hold myself accountable for the 17 Iowa politics predictions I made at the beginning of 2017. Did I improve on my showing of seven right, two half-right, and seven wrong out of my 16 predictions for 2016?

Yet again, Representative Steve King has approvingly quoted a racist European politician.

Yet again, the Iowa Republican establishment is looking the other way.

“There is no civil discourse left and it is really sad,” Governor Kim Reynolds said yesterday, adding, “We ought to be able to debate ideas because that’s how you get to consensus.” Reynolds lamented the “vitriol” that dominates the current “vicious” political climate.

Today the Reynolds/Gregg campaign announced that Representative Steve King will be a co-chair. A written statement described the governor as “humbled by the endorsement” from a “strong defender of freedom and our conservative values” who is “independent, principled, and is fighting the good fight in Washington, D.C.”

You can posture as a consensus-seeker, or you can brag about support from a walking highlight reel of mean-spirited and dehumanizing rhetoric. Not both.

Iowa Workforce Development Director Beth Townsend instructed all her agency’s employees today “to be mindful of state and federal guidelines regarding prohibitions of participation in political activities while on state time or using state assets.”

The action followed Bleeding Heartland’s inquiry about a September 29 e-mail from an operations manager to more than 60 Iowa Workforce Development colleagues, recruiting volunteers for the Kim Reynolds/Adam Gregg campaign under the subject heading, “A Message from Governor Reynolds’ Office.”

State law prohibits using “public moneys for political purposes.” Administrative rules written to implement that portion of the Iowa Code forbid public employees from using public resources “to expressly advocate the nomination, election, or defeat of a candidate,” or “to solicit votes, engage in campaign work.”

Some surprising news arrived in the mail recently. In response to one of my records requests, Governor Kim Reynolds’ legal counsel Colin Smith informed me that “zero dollars” of a $150,000 appropriation for gubernatorial transition expenses “have been spent and there are no plans to spend any of that appropriated money.” I soon learned that the Department of Management had ordered a transfer of up to $40,000 in unspent Department of Revenue funds from the last fiscal year “to the Governor’s/Lt. Governor’s General Office to cover additional expenses associated with the gubernatorial transition.”

A Des Moines Register headline put a favorable spin on the story: “Reynolds pares back spending on office transition from lieutenant governor.” However, neither the governor’s office nor Republican lawmakers ever released documents showing how costs associated with the step up for Reynolds could have reached $150,000.

Currently available information raises questions about whether Branstad/Reynolds officials ever expected to spend that money, or whether they belatedly requested the fiscal year 2018 appropriation with a different political purpose in mind.

In another display of dominance intended to show there will be no serious competition in the Republican gubernatorial primary, Governor Kim Reynolds’ campaign announced today that U.S. Senators Chuck Grassley and Joni Ernst will join Iowa Secretary of Agriculture Bill Northey as state co-chairs.

Iowa’s supposedly “efficient and convenient” process for regaining the franchise after a felony conviction resulted in Governor Terry Branstad restoring voting rights to only 206 people over nearly six and a half years.

More than 50,000 others remain unable to vote, probably for the rest of their lives.

Top staffers for Governor Terry Branstad knew more than a month ahead of time that Iowa Attorney General Tom Miller had determined Kim Reynolds would not have the authority to name a new lieutenant governor after becoming Iowa’s head of state.

Records released by the Iowa Attorney General’s office undercut numerous public statements by Reynolds and other Republican leaders, which alleged or implied Miller had blindsided the administration with a sudden reversal of his earlier view.

Documents support Miller’s comments on May 1 about the exhaustive legal and historical research informing his 23-page response to independent State Senator David Johnson. Despite accusations made by many GOP politicians, records reveal no effort by any Democratic officials to influence Miller’s views on succession questions.

On the contrary: if the attorney general faced any political pressure to change his stance on Reynolds’ constitutional authority, available information suggests that pressure came from the governor’s office.

Iowa Department of Human Services Director Chuck Palmer is retiring effective June 16, Governor Kim Reynolds announced today. Critics including Democratic State Senator Matt McCoy have called on Palmer to resign for months, charging that inadequate staffing at DHS facilitated more suffering and premature deaths among abused children. The department’s handling of Medicaid privatization has also drawn criticism. Despite Palmer’s promises to hold the line, the DHS agreed to pay private insurance companies more for managing Medicaid. In addition, DHS officials have downplayed numerous, ongoing reports of those companies cutting back on health care services and failing to reimburse providers promptly or adequately.

In keeping with Governor Terry Branstad’s playbook when Teresa Wahlert ended her disastrous tenure at Iowa Workforce Development, Reynolds didn’t acknowledge any problems with Palmer’s management of the DHS today. On the contrary, she and acting Lieutenant Governor Adam Gregg praised Palmer’s work in the official press release, enclosed in full below.

Governor Kim Reynolds took acting Lieutenant Governor Adam Gregg on a whirlwind tour late last week to Osceola, Mason City, Cedar Rapids, Davenport, and Gregg’s home town of Hawarden (Sioux County). Hundreds of people showed up for the Hawarden event; much smaller crowds turned out at the other venues. At each stop, Reynolds and Gregg praised former Governor Terry Branstad, and Reynolds repeated the four key goals she had laid out in her first speech as the state’s top official.

Early signs point to a highly political rather than policy-oriented Reynolds administration. The new governor’s top appointees are veterans of many Republican campaigns. Chief of staff Jake Ketzner worked on Branstad’s campaign in 2010 and managed the governor’s 2014 re-election bid; in between, he ran Representative Steve King’s 2012 campaign against Christie Vilsack. Deputy chief of staff Tim Albrecht spent most of his career as a spin doctor for GOP candidates or elected officials before joining a Republican-oriented political communications firm in late 2013. You don’t put guys like this in charge of your office if you’re a “policy wonk” or interested in reaching out to constituencies that felt ignored during Branstad’s tenure. These choices suggest that Reynolds plans to wage partisan warfare, day in and day out.

Over at Iowa Starting Line, Pat Rynard commented on how the Reynolds administration is already blurring the lines between official state events and 2018 campaign activities. Expect much more of this in the months to come.

Speaking of political games, progressive activists put up a parody site at ReynoldsGregg.org, pushing the message, “Kim Reynolds and Adam Gregg are Iowa’s new team, but unfortunately they have the same old failed priorities” (see screen shot below). Rynard recalled that GOP operatives including Albrecht relentlessly mocked Jack Hatch’s campaign for making the same mistake in 2014. At that time, quite a few of Iowa’s political reporters wrote stories about Republicans grabbing HatchVernon.com and the @HatchVernon Twitter handle. So far, those media outlets have not publicized the same incompetence on the part of the Reynolds team.

Other passages worth noting: earlier this month, the Iowa Board of Regents chose Michael Richards as president and Patricia Cownie and president pro-tem, replacing Bruce Rastetter and Katie Mulholland, whose terms ended April 30. Rastetter opted not to seek reappointment to the board, tacitly acknowledging that Iowa Senate Democrats would never have allowed his confirmation. Mulholland sought another six-year term, but for reasons that remain unclear, Branstad passed her over. Regent Larry McKibben had expressed interest in the board presidency, but he gave up without a fight and formally nominated Richards. I didn’t have a preference between McKibben and Richards; from my perspective, neither could possibly do worse in that job than Rastetter. This weekend, the Ditchwalk blog took an in-depth look at Richards: part 1 focused on his background and how he got the top job on the board, while part 2 looked at his early actions in the new position, speculating about whether Richards can fix the board’s “colossal credibility problem” after years of administrative abuses by Rastetter.

In March, Sean Bagniewski won the election to succeed Tom Henderson, the long-serving chair of the Polk County Democrats. Bagniewski announced on May 23 that former Senator Tom Harkin gave his blessing to have Iowa’s largest county Democratic organization hold an annual “Steak Fry” fundraiser. The inaugural event is scheduled for September 30 at Water Works Park in Des Moines; headliners have not yet been announced. Bagniewski joked, “One of my friends asked me how it felt to land the Steak Fry. It’s like adopting a baby gorilla. Where do you put it? How’re you going to feed it? How much is this thing going to cost?”

Final note: the New Leaders Council, “a nonpartisan program to recruit, train, and promote the next generation of progressive leaders,” is holding a fundraiser in Des Moines on Thursday, June 1. Money raised will support the five-month training program for next year’s New Leaders Council fellows. Local organizers hope to attract a more diverse class and are “doing more focused outreach to underrepresented communities” with a goal of having a 60 percent non-white and 55 percent female cohort of fellows for 2018. I enclose below more details about this week’s event and the training program.

Seeking to avoid a lawsuit, Governor Kim Reynolds has picked State Public Defender Adam Gregg as her lieutenant governor to “serve in an acting capacity, fulfilling all duties of the lieutenant governor’s office through the January 2019 inauguration.”

Attorney General Tom Miller issued a formal opinion this month stating that Reynolds will not have the authority to name a new lieutenant governor. Reynolds and many other Republicans attacked Miller for what they called a “partisan” decision, but apparently the new governor doesn’t want to roll the dice on how the Iowa Supreme Court would resolve this question.

Instead, Gregg will have the title of lieutenant governor and the salary associated with the position. According to the governor’s Deputy Chief of Staff Tim Albrecht, “Gregg will ‘operate’ the office of lieutenant governor, but not actually ‘hold’ that office.”

The Reynolds administration acknowledges that Gregg will have no place in the line of succession. Under Article IV, Section 19 of the Iowa Constitution, if there is a vacancy in the governor’s office and the lieutenant governor becomes “incapable of performing the duties pertaining to the office of governor,” the Iowa Senate president “shall act as governor,” with the Iowa House speaker next in line to hold those powers.

I sought comment from Miller and others on whether the state constitution allows someone someone to hold the title of lieutenant governor while serving “in an acting capacity.” (The constitution does not discuss that concept, as far as I can tell.) Miller will hold a press conference later this morning, after which I will update this post. Gary Dickey, who researched these questions as legal counsel for Governor Tom Vilsack in 2004, said via e-mail today, “I know of no limitation on giving titles to employees of the office. Whether they want to call him Lieutenant, vice, or deputy means little so long as he does not attempt assume the constitutional right of succession in the event that Governor Reynolds can no longer serve.” Dickey later told the Associated Press, “As a matter of law, he’s just another staff member of the office, […] It’s a positive sign that she recognizes there are constitutional limitations to the office. I’m not sure that’s always been the case for the last six years.”

Today’s news release and background on Gregg are after the jump.

UPDATE: Miller told reporters today that the “fundamental question” in his formal opinion was related to succession questions. He said he’s “pleased” Reynolds took action today “that would not alter the succession provision,” complying with his opinion on the key constitutional question. He added that the governor can designate anyone she wants to perform certain roles on her behalf. Miller noted, “The one question that remains is the title, acting lieutenant governor. It’s a new position. It’s not a constitutional provision or position,” and it’s not part of the constitutional framework. His staff will do further research on that position. “The key fundamental question here” is who succeeds and Reynolds “complied fully” with his opinion about the Iowa Constitution. Asked whether Reynolds had ruled out any legal challenge, Miller replied that he wouldn’t “I wouldn’t go that far” to make such a “broad statement.” But making clear that Gregg is outside the line of succession “dramatically” changes the landscape for such a lawsuit.

As he said on May 1, Miller said he supports amending the state constitution to allow a lieutenant governor who assumes the governor’s office to appoint a new lieutenant governor.

Miller confirmed that no one on Reynolds’s staff consulted him about their plans. He said the governor’s senior legal counsel Ryan Koopmans called the Attorney General’s office around 9:30 this morning to inform them about the decision.

Asked to comment on Republican Party of Iowa Chair Jeff Kaufmann calling his opinion a “ridiculous partisan stunt,” the attorney general repeated that he was persuaded by the weight of the evidence, including “overwhelming” case law from other states.

Iowa Attorney General Tom Miller announced today that he believes Lieutenant Governor Kim Reynolds will become the governor, and not merely “acting governor,” once Governor Terry Branstad resigns to become U.S. ambassador to China. However, in the same 23-page opinion (enclosed in full below), Miller determined that under Iowa’s constitution, Reynolds will not have the authority to appoint a new lieutenant governor once she is sworn in.

Reynolds has been vetting candidates to take her place for months, as staff in the governor’s office insisted she will have the right to appoint a new lieutenant governor. Miller’s office had indicated in December that the attorney general agreed with the Branstad administration’s view on the coming transfer of power, despite language in the Iowa Constitution stating that the governor’s powers “shall devolve upon the Lieutenant Governor” in the event of a vacancy, and calling for the Iowa Senate president to be next in line if the lieutenant governor proves incapable of “performing the duties pertaining to the office of governor.” At the time, Miller provided no legal analysis, but his office released a 1923 Iowa attorney general’s opinion, which you can read here.

Three months ago, independent State Senator David Johnson exercised his right to request a formal opinion from Miller on nine questions about the succession. He asked Miller to produce the opinion “on an expedited basis” and specifically asked him not to “simply rely on the precedent of a predecessor’s 1923 opinion.”

Staff in the Attorney General’s office, led by Solicitor General Jeffrey Thompson, conducted “extensive legal and historical research” before reaching the conclusions Miller characterized as a “split decision” during today’s press conference.

Miller noted the precedent for using the title of “governor” when previous Iowa lieutenant governors exercised the governor’s powers following a vacancy. He also noted that when vice presidents have assumed the presidency, we have called those men “president” rather than “acting president.”

Miller said five factors pointed toward the conclusion that Reynolds does not have the authority to appoint a new lieutenant governor. An important one for him was language in Article IV, Section 19 of the Iowa Constitution, which spells out the succession of power from the governor to the lieutenant governor to the president of the Senate. (I’ve enclosed that passage below.) A state constitutional amendment in 1988, which provided for the lieutenant governor to be elected on a ticket with the governor, did not change the wording about the line of succession. Furthermore, Miller found, the historical record shows “The framers [of Iowa’s constitution] intended that those in the gubernatorial line of succession be elected.”

Miller also pointed to historical practice when the U.S. Constitution’s succession language mirrored the current wording of Iowa’s constitution (saying the president’s powers “shall devolve on the Vice President”). Before the 25th Amendment to the U.S. Constitution was adopted in 1967, none of the eight vice presidents who became the head of state following the death of a sitting president attempted to appoint a new vice president for the remainder of the term.

Speaking to reporters today, Miller said that as a matter of policy, he supports the idea of the new governor having the power to appoint a new lieutenant governor. But he maintained the Iowa Constitution would have to be amended to provide for that process.

Asked what would happen if the governor’s office disagrees with his legal analysis, Miller said he expects them to follow his opinion and repeatedly expressed hope that they will do so. If Reynolds proceeds with appointing a new lieutenant governor, her action “may or may not be challenged” in court. Responding to a follow-up question, Miller clarified that the Attorney General’s Office would not file that lawsuit, repeating that he hopes Reynolds will not take that course.

I am seeking feedback from attorneys on whether an ordinary Iowa voter would have standing to go to court if Reynolds disregards Miller’s conclusions about what the constitution allows. Iowa Senate President Jack Whitver would clearly have standing, since a new lieutenant governor would take his place in the line of succession. But the loyal Republican Whitver certainly would not object.

Front-runners for the lieutenant governor spot in the Reynolds administration are rumored to include State Representative Zach Nunn and State Public Defender Adam Gregg.

UPDATE: Added early reaction from the governor’s office and other political figures below. Reynolds sounds intent on ignoring Miller’s opinion.

Yesterday Governor Terry Branstad signed a bill requiring a statewide inventory of untested rape kits. The Iowa Attorney General’s Office pushed for House File 2420, which passed the Iowa House and Senate unanimously with the support of various groups representing law enforcement, crime victims, and attorneys.

I enclose below background on the provisions, benefits and limitations of the bill State Public Defender Adam Gregg described as a “significant step toward justice in Iowa.”

Governor Terry Branstad delivered his annual Condition of the State address to members of the Iowa House and Senate and the Iowa Supreme Court justices yesterday. If you missed the speech, the full prepared text is here. Iowa Public Television posted the video and transcript here. The early part of the 30-minute address included one false or misleading assertion after another.

· “Sound budgeting practices and fiscal discipline now have us ranked as the 3rd best managed state in the nation.” Contrary to the idea that Branstad markedly improved Iowa’s operation, a major investors group also ranked Iowa the third best-managed state in 2010 under Governor Chet Culver, recognizing Iowa’s good fiscal position, high credit ratings from leading agencies, and low debt per capita compared to most other states.

· “The Iowa Economy has created 214,000 new jobs; surpassing our 2010 goal.” Sorry, no. That’s a fake statistic no economist would accept. It’s a shame the governor has instructed Iowa Workforce Development to keep cooking the books on employment.

· “If the state fails to implement managed care, the growth of Medicaid spending will consume virtually all of our revenue growth.” The Branstad administration has not been able to demonstrate that managed care will save the state money. Florida’s Medicaid privatization turned out to be more costly without improving patient care.

I was also disappointed not to hear more specifics about how Branstad envisions spending funds he would like to divert from school infrastructure to water programs. What kind of water quality programs would be prioritized, and who would administer them? Then again, details about this plan may be irrelevant, because Iowa House and Senate leaders don’t sound open to the idea.

For now, I want to focus on a much more promising part of Branstad’s address. To my surprise, the governor devoted a major section–roughly eight minutes of speaking time–to advocating for criminal justice reforms proposed by a working group he appointed in August. The group was charged with developing ideas to increase fairness and reduce racial disparities in Iowa’s criminal justice system. Click here to read the full recommendations released in November. Bleeding Heartland will discuss some of the proposals in more detail in future posts. Advocates for defendants’ rights and racial justice have generally welcomed the proposals.

Although some policies do not go far enough, and other important reforms are missing from the document, I’m encouraged to see the governor apply some political capital toward reducing systemic racism and inequities in the justice system. I enclose below the relevant portion of Branstad’s speech, with some annotations.

UPDATE: I can’t believe I forgot to mention one thing Branstad could do immediately to address a massive racial disparity in Iowa. His executive order making it extremely difficult for felons to regain their voting rights disenfranchises Iowans of all ethnic backgrounds but disproportionately affects racial minorities.

Six months after the Federal Bureau of Investigation acknowledged that flawed testimony about hair analysis may have caused innocent people to be convicted of crimes, the State Public Defender’s office has created a new Wrongful Conviction Division “to determine whether similar errors have occurred in Iowa cases” and to “pursue available legal remedies.” I enclose below the press release announcing the new office, which will collaborate with Iowa Division of Criminal Investigation, the Innocence Project of Iowa, and the Midwest Innocence Project. People seeking to have their cases reviewed can submit this 12-page intake questionnaire (pdf).

State Public Defender Adam Gregg deserves credit for making this happen less than a year after Governor Terry Branstad appointed him to the job. (A former legislative liaison for Branstad, Gregg ran unsuccessfully for Iowa attorney general in 2014.) The press release indicates that Gregg repurposed a vacant position in his office using existing appropriations. Taking that route allowed him to move more quickly than if he had lobbied state lawmakers for funding to create a Wrongful Conviction Division. Gregg also hired a serious person to run the new division in Audrey McGinn, who spent four years as a staff attorney for the California Innocence Project. Scroll to the end of this post for more background on McGinn’s work.

Radio Iowa’s O. Kay Henderson reported from the October 26 press conference,

“What’s an acceptable error rate for our criminal justice system?” State Public Defender Adam Gregg asked this morning. “Even if we get it right 99 percent of the time and only get it wrong one percent of the time, that would mean there are over 80 innocent people currently incarcerated in Iowa prisons. And at what cost? To the state, it’s about $34,000 per year per inmate. But what about to their families, to their lives and to their sanity? And at what cost to public safety?”

Gregg said when the wrong person is convicted, that means the real criminal isn’t held accountable. The first batch of cases to be reviewed by this new division date back to the 1980s and early ’90s.

Criminal defense attorney Nick Sarcone commented to Bleeding Heartland, “I think this is an important step towards ensuring the integrity of our justice system. However, we need to spend more time, energy and money fixing the substantial issues which plague our system at the trial court level. We need to ensure this new unit is not investigating cases from 2015 in 2030.”

UPDATE: Added below criminal defense attorney Joseph Glazebrook’s reaction to this news.

Governor Terry Branstad has often appointed unsuccessful Republican candidates to state positions, and this week he named Adam Gregg, the GOP nominee for Iowa attorney general, to be Iowa State Public Defender. I’ve enclosed the press release after the jump. It contains background on Gregg, who worked as a staffer in the governor’s office before running against longtime Democratic incumbent Tom Miller. I don’t anticipate Gregg having any trouble being confirmed by the Iowa Senate.

The Des Moines rumor mill says Miller will retire at the end of his ninth term as attorney general. An race for that position would likely attract many candidates in both parties. I expect Gregg to seek the office in 2018, along with Branstad’s legal counsel Brenna Findley, who was the GOP challenger to Miller in 2010. Several Republicans in the Iowa House or Senate might give this race a look, especially if there are no open Congressional seats on the horizon.

For those wondering whether Gregg or Findley performed better against Miller, the answer depends on how you look at it. Both of the challengers raised quite a bit of money for first-time candidates seeking a statewide office. Gregg raised $191,359 in his first month and a half as a candidate, then nearly another $200,000 before the election; see here and here. Findley also raised hundreds of thousands of dollars for her 2010 race; see here, here, and here.

Both Gregg and Findley campaigned energetically around the state, visiting all 99 counties and attending hundreds of public events. In 2010, when total turnout was 1,133,429 for the midterm election, Miller received 607,779 votes to 486,057 for Findley (there were a smattering of write-ins and 38,605 “under votes,” meaning voters left that part of the ballot blank).

This year total turnout was a bit higher at 1,142,226, and Miller received 616,711 votes to 481,046 for Gregg (there were more write-ins and 43,016 under votes).

So Findley received a slightly higher share of the two-party vote, but she also had way more help. Branstad talked up her campaign all year and appeared in one of her television commercials. She was able to run far more radio and tv ads statewide, thanks to more than half a million dollars in transfers from the Republican Party of Iowa. Gregg didn’t get anything like that kind of assistance or exposure, so arguably he got more bang for his campaign bucks.

I’m intrigued that an ambitious young conservative politician wanted to serve as the state public defender. It’s an important job, and I hope Gregg does it well. Some of my favorite people have worked as public defenders. But there’s no getting around the fact that his office will be defending some unsavory characters. The job is risky in that next time Gregg is a candidate for public office, rivals could run “Willie Horton” ads against him highlighting onetime clients who committed horrible crimes.

Polls across Iowa close in just a few minutes, and I’ll be updating this post with results throughout the evening. Any comments about any of today’s races, in Iowa or elsewhere, are welcome in this thread.

Many races on the east coast and in the Midwest have already been called. As expected, Republicans picked up the U.S. Senate seats in West Virginia, Arkansas, and South Dakota. Louisiana will go to a runoff in December. Jeanne Shaheen held the New Hampshire Senate seat for Democrats, but Kay Hagan may be in trouble in North Carolina, and in a potentially stunning upset, Mark Warner is behind in Virginia. He needs a strong turnout in the DC suburbs.

As state-level results come in, these are the key Iowa Senate races to watch, and these are the key Iowa House races to watch. For the last four years, Democrats have held a 26-24 Iowa Senate majority. For the last two years, Republicans have held a 53-47 Iowa House majority.

UPDATE: Polls are closed and further updates will be after the jump. News organizations called the governor’s race for Terry Branstad immediately.  

Happy election day to the Bleeding Heartland community. The weather forecast looks good for most parts of Iowa. Polls are open everywhere from 7 am to 9 pm. It’s too late to mail absentee ballots, but you can still hand-deliver completed absentee ballots to your county auditor’s office, or “surrender” you ballot at your regular polling place, then vote with an ordinary ballot.

Three new polls of the U.S. Senate race came out on Monday. Quinnipiac found Bruce Braley and Joni Ernst tied at 47 percent. (That pollster’s previous Iowa survey had Ernst leading by 49 percent to 45 percent.) Fox News found Ernst ahead by 45 percent to 44 percent. Public Policy Polling found Ernst ahead by 48 percent to 45 percent.

All three polls confirmed my belief that the Des Moines Register’s Iowa poll by Selzer & Co was an outlier. No other survey has found Ernst above 50 percent or ahead by such a large margin. If she does win the IA-Sen race by 7 points, I will declare Ann Selzer a polling genius.

Incidentally, the new polls also found Governor Terry Branstad ahead of Democratic challenger Jack Hatch by a smaller margin than in the Register’s final Iowa poll. Quinnipiac found Branstad ahead by 52 percent to 41 percent. That was similar to Public Policy Polling’s finding of Branstad at 54 percent and Hatch at 43 percent. Fox News found a bigger lead for the governor: 53 percent to 36 percent.

PPP has been the only firm to consistently poll down-ballot statewide races in Iowa this year. Its final poll found Democrat Brad Anderson ahead in the secretary of state race, with 44 percent support to 38 percent to Paul Pate and 3 percent each for Jake Porter and Spencer Highland. (Porter, a Libertarian, received about 3 percent of the statewide vote in the 2010 secretary of state race.)

PPP found State Auditor Mary Mosiman leading her Democratic challenger by 46 percent to 41 percent. State Treasurer Mike Fitzgerald is ahead of his Republican challenger Sam Clovis by 48 percent to 38 percent, with Libertarian Keith Laube pulling 5 percent. Iowa Secretary of Agriculture Bill Northey has a comfortable 51 percent to 33 percent lead over Democrat Sherrie Taha, with a minor-party candidate pulling 5 percent. Finally, Attorney General Tom Miller leads Republican Adam Gregg by 55 percent to 36 percent.

While canvassing in Windsor Heights and Clive on Saturday, Sunday, and Monday, I didn’t see any Republicans knocking on doors, nor did I see Republican campaign literature on doorknobs or front porches. Another Democratic canvasser in a different part of the state had a similar experience. I would like to hear from Bleeding Heartland readers about what you’ve seen of the Republican “ground game” during the final days. As far as I can tell, the GOP has relied mainly on robocalls and perhaps live-caller phone-banking. Republicans paid for many robocalls in the final days.

Speaking of robocalls, many Democratic households in the third Congressional district (including mine) received a call Monday evening recorded by Senator Chuck Grassley, making the case for David Young.

Any comments related to today’s election are welcome in this thread.

P.S. – A testy exchange with a reporter about how President Barack Obama has handled the ebola outbreak underscored why Joni Ernst’s handlers didn’t want her sitting down with most Iowa newspaper editorial boards.

The Des Moines Register dropped a hammer on Iowa Democrats this evening with the latest statewide poll by Selzer & Co. The Register’s new poll finds Joni Ernst ahead of Bruce Braley by 51 percent to 44 percent, leading Braley in all four Congressional districts, and winning independent voters by 12 points. The poll looks like an outlier to me, compared to most other surveys that were in the field these past two weeks. No other poll has found Ernst above 50 percent this fall, and no non-partisan poll has found her leading Braley by more than four points. Of the ten other polls in the field during the last two weeks, two found Braley ahead by one point, two found the race tied, two found Ernst ahead by one point, and four found her ahead by margins between two and four points.

On November 5, either Ann Selzer will look like a genius, or a bunch of other pollsters (whose surveys found a close race here) will laugh.

The problem for Democrats is that the Register’s Iowa poll always generates more media coverage than any other poll. Even if this poll turns out to be an outlier, it could depress volunteers during the final days. A good GOTV program can overcome a one-point deficit but not seven points.

The Register’s latest poll found Governor Terry Branstad ahead of Democratic challenger Jack Hatch by 59 percent to 35 percent, one of the biggest leads any poll has found for Branstad. Selzer only polled on two other statewide races. Democratic Attorney General leads challenger Adam Gregg by 50 percent to 39 percent. The secretary of state race looks too close to call, with Republican Paul Pate ahead of Democrat Brad Anderson by 44 percent to 41 percent.

P.S. – There’s still plenty of time to enter Bleeding Heartland’s election prediction contest.

UPDATE: Below I’ve added excerpts from the Register’s analysis of the Selzer poll, along with the Braley campaign’s reaction, calling the Register poll an “outlier.”

SECOND UPDATE: Added more commentary on Senate polling below.

The Iowa State Fair opened a few minutes ago and runs through August 17. I’m a big fan of the event, and after the jump, I’ve posted some of my favorite tips for enjoying the fair, along with the schedule for candidate appearances at the Des Moines Register’s “soapbox” on the Grand Concourse. The Register will live-stream speeches by candidates for U.S. Senate, U.S. House, governor, as well as a few nationally known politicians from out of state.

The fair has almost endless free entertainment, but bring cash with you anyway, because the State Fair board had to backtrack on plans to eliminate cash purchases for food. Instead, vendors have been encouraged to accept credit and debit cards. I suspect most will stick with a cash-only system.  

No Republican stepped up to run against Iowa Attorney General Tom Miller in time to appear on the primary election ballot, but yesterday Adam Gregg announced that he will seek the GOP nomination for attorney general at the state party convention later this month. Gregg worked in private practice for the Des Moines-based Brown Winick law firm before joining Governor Terry Branstad’s staff as a legislative liaison in 2012. (He’s quitting that job to run for office.) His press release touted his work to help pass “the largest tax cut in Iowa’s history, historic education reform, and a state based, Iowa alternative to Obamacare.” The tax cut refers to the property tax reform approved during the 2013 legislative session. The Iowa Health and Wellness Plan is more accurately described as an alternative to Medicaid expansion rather than an alternative to “Obamacare.” Iowa is still implementing the 2010 Affordable Care Act.

Gregg promised “to fight everyday for Iowa families, Iowa farmers, and our constitutional freedoms,” to “be an advocate for open government,” and to “hold Washington, DC accountable when the federal government oversteps its bounds.” Around the country, many Republican state attorneys general have used the job to grandstand against federal policies they don’t like for ideological reasons. Sounds like Gregg will be emulating that model.

I don’t give him much chance of beating Tom Miller. Four years ago, Brenna Findley got in the race early and ran a strong and well-financed campaign, only to come up well short amid a huge Republican landslide. Running a statewide campaign will raise Gregg’s profile, though, and possibly open doors to future political jobs. The Des Moines rumor mill expects Miller to retire rather than seek another term in 2018. In that case, Gregg could join Findley as prominent candidates in a much more winnable race.