Envelopes containing 29 absentee ballots that Winneshiek County voters mailed on time will likely remain sealed forever. Time has run out for Democratic candidate Kayla Koether to sue over how Iowa House Republicans handled her contest of the 2018 election result in House district 55.

It is also too late for any disenfranchised voter to challenge a process that placed an administrative rule about mail barcodes above the fundamental right to vote guaranteed by Article II of Iowa’s constitution.

Bev Clark calls for action to prevent a 2020 repeat of the scenario that played out in Iowa House district 55. -promoted by Laura Belin

The Iowa legislature must clarify the law that determines the timeliness of absentee ballots. Some 41 percent of Iowans who participated in the 2018 election voted early, according to the Secretary of State’s certified results. That’s 547,205 ballots!

Those are the known, counted absentee ballots. Some of them may not have complied with the postmark requirement, but were counted anyway. In the very tight election for Iowa House district 55, where only nine votes separated the candidates, Winneshiek County rejected 29 late-arriving absentee ballots without a postmark. But those ballots did have an intelligent mail barcode, proving they entered the postal service before election day. The dispute centered on what kind of mail barcode.

Bruce Lear: Lately, I am struck with how Iowa values are eroding before our eyes. -promoted by Laura Belin

Three college guys decided to head to my hometown of Shellsburg, Iowa for a weekend. We threw three bags of dirty laundry in the trunk for my unsuspecting Mom, and we left Pella in Carl’s very used Toyota. In 1977, Toyotas in Iowa were about as rare as a Democrat in Pella. There were some, but they were hard to spot.

Things went fine, until it died. It was not a prolonged death with symptoms. It was sudden. We were three guys with a dead car on a county road outside of Kellogg, Iowa. We knew a lot. After all, we were sophomores in college. Unfortunately, our sophomore smarts didn’t extend to fixing dead Toyotas.

The first Iowa House floor votes of 2019 are in the books, and they played out exactly as you’d expect. On two straight party-line votes, 53 Republicans rejected a Democratic effort to allow legally cast absentee ballots to be counted, then dismissed Kayla Koether’s contest of the House district 55 election result.

The chamber’s January 28 debate was enlightening. If you have a few hours to spare, I recommend watching the videos of the afternoon and evening sessions on the legislative website.

My takeaways:

Every Iowa House Republican will likely vote on January 28 to dismiss Democrat Kayla Koether’s contest of the House district 55 election. She trails State Representative Michael Bergan by nine votes according to certified results, but 29 absentee ballots that voters in Winneshiek County mailed on time remain uncounted.

Although Republicans on a special House election contest committee insist “there exists no legal authority to open and count the twenty-nine ballots in question,” they are wrong about the law. Dismissing the contest without allowing Koether to call witnesses, take depositions, or have the ballots opened will open the door to judicial review.

It’s also terrible politics.

Democratic candidate Kayla Koether filed notice late last week that she is contesting the Iowa House district 55 election. According to the certified result following a recount, Republican State Representative Michael Bergan received 6,924 votes to 6,915 for Koether. However, 29 absentee ballots from Winneshiek County were never tallied, even though the U.S. Postal Service confirmed that they were mailed on or before the legal deadline.

Koether had hoped Polk County District Court Judge Scott Beattie would order the disputed ballots to be opened and counted. But on December 20 he dismissed her lawsuit on jurisdictional grounds, saying the state constitution and Iowa Code give the legislative branch–not the courts–power to rule on contests of elections for state House or Senate seats.

A few thoughts on what should happen next, what will happen instead, and what might have happened if Democrats had pursued a different legal strategy.

“Every vote should be counted,” Democratic challenger Kayla Koether said in a statement after a recount showed her trailing Republican State Representative Michael Bergan by nine votes in Iowa House district 55. Her comments suggest Koether is preparing litigation to force the counting of 33 absentee ballots, which were mailed on time but not counted because the envelopes lacked a certain kind of postmark.

If Koether does not file suit before election results are certified on December 3, one or more of the disenfranchised Winneshiek County voters should take legal action. Election officials did not properly interpret Iowa statute when they excluded those ballots.

Republicans have controlled the Iowa House since 2011 and will continue to set the agenda in the lower chamber for the next two years. However, the GOP majority will shrink from 59-41 to either 54-46 or 53-47, depending on whether one lawmaker’s eight-vote lead holds up.

In some states, gerrymandering predetermines the outcome of most legislative races. But many Iowa House and Senate districts are in play every election year, thanks to our non-partisan redistricting system.

Drawing on voter registration totals, recent voting history, absentee ballot numbers, and where Democratic or Republican leaders have made large expenditures, I’ve identified the state House seats most likely to indicate whether Democrats can win control of the lower chamber, where Republicans now enjoy a 59-41 majority.

The districts are grouped in four categories: Democratic-held open seat, Republican-held open seats, Democratic incumbents facing strong challengers, and GOP incumbents facing strong challengers.

Josh Hughes analyzes sixteen Iowa House races likely to be competitive and points to other districts that could also be in play. Hughes is a Drake University undergraduate and vice president of the I-35 school board. -promoted by desmoinesdem

Iowa Democrats have had a pretty good summer. In recent weeks, election forecasters have moved the races for governor and third Congressional district to “toss-up” status, Fred Hubbell and other Iowa Democrats have blown past Republicans in fundraising, and Iowa Republicans have begun to hit the panic button on an election many believed would not be competitive just one year ago. Democrats appear to have the wind at their back for the first time in several election cycles here, after blowout losses in 2016 and 2014.

Winning back Terrace Hill and Congressional seats is at the forefront of many activists’ minds. Doing so would be hugely impressive and important to stopping reactionary right-wing legislation at the state and federal levels. However, in order to not just stop the bad stuff but also advance good legislation, Democrats will need to do more than just defeat Governor Kim Reynolds. The race for the Iowa legislature, where 25 of 50 Senate seats and all 100 Iowa House seats are up for election this year, will determine what kind of policy will be possible over the next two years in our state.

As always, a few surprises lurked in the campaign finance reports Iowa statewide and legislative candidates were required to file by July 19.

Some Iowa office-holders who are facing tough campaigns made little apparent effort to raise money, even though fundraising capacity is one of the biggest perks of incumbency in American politics.

More Iowa women are running for office in 2018 than ever before, which could lead to record numbers of female state representatives and senators next year.

However, in other meaningful ways, Iowa’s legislature could become less diverse after the November election.