# Mary Wolfe



Court finds Iowa's garbage search law unconstitutional

A Polk County District Court has ruled that the Iowa legislature “overstepped” when it enacted a law allowing police to search garbage outside a home without a warrant.

In a November 13 order granting a defendant’s motion to suppress evidence obtained through trash grabs, Chief Judge Michael Huppert found the 2022 law “void as inconsistent with the language of article I, section 8 of the Iowa Constitution as interpreted by the Iowa Supreme Court.”

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Iowa Democrats won't speak truth to ethanol power

The biofuels industry got a big win in the Iowa legislature this week, as the state House and Senate approved a bill requiring most gas stations in the state to dispense a higher ethanol blend known as E15 from at least half of their pumps.

All but a handful of Democratic legislators voted for the bill, and no Democrat spoke against the proposal during Senate or House floor debate.

It was the latest example of how Iowa Democratic politicians have embraced biofuels industry talking points and avoided challenging any policies seen as supporting ethanol.

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Iowa's new garbage search law looks unconstitutional

Iowans have “no reasonable expectation of privacy in garbage placed outside of the person’s residence for waste collection in a publicly accessible area,” according to a bill Governor Kim Reynolds signed into law on April 21.

Lawmakers approved Senate File 2296 in response to a June 2021 Iowa Supreme Court ruling, which declared warrantless garbage searches unconstitutional.

Whether the new law can withstand scrutiny is unclear. Attorneys who opposed the bill have pointed out that the legislature and governor cannot override the Supreme Court’s interpretation of the state constitution. But it could be years before a challenge to the law reaches the high court.

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Iowa Republicans close to deal on cutting unemployment benefits

The Iowa House and Senate approved similar bills on March 23 that would substantially cut unemployment benefits for jobless Iowans. The legislation, a priority for Governor Kim Reynolds, had been stalled for weeks, raising questions about whether Republican leaders could find the votes to pass it in the House.

Both versions of the legislation include the centerpiece of the proposal Reynolds highlighted during her Condition of the State address in January: reduce the maximum unemployment benefits in one year from 26 weeks to sixteen weeks. Currently, most states provide up to 26 weeks of unemployment benefits per year, while only a handful of states provide a maximum of sixteen weeks or fewer.

The revised bill, House File 2355, also includes provisions that would force Iowans to accept new jobs for lower pay sooner, and would make it easier for Iowans to be denied benefits entirely.

A House amendment offered by State Representative Mike Bousselot removed language that would have denied Iowans benefits the first week they were unemployed. Senate Republicans put the one-week waiting period back in the bill before approving it.

All House and Senate Democrats voted against the bills, as did two Republicans in each chamber: State Representatives Martin Graber and Charlie McClintock, and State Senators Zach Nunn and Jeff Reichman.

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Iowa House Democrats head for the exits

UPDATE: Charlie McConkey became the sixteenth House Democrat to confirm he won’t seek another term. Original post follows.

Nearly 40 percent of the Democrats who now serve in the Iowa House have confirmed they won’t seek re-election this year, and several long-serving incumbents have yet to clarify their plans.

The exodus involves not only lawmakers of retirement age, like State Representatives Marti Anderson and Bruce Hunter, but also some who have decades left in their working lives, like State Representatives Ras Smith, Chris Hall, and Kirsten Running-Marquardt, the latest to announce she won’t continue serving in the legislature.

The unusually high turnover may reflect some pent-up demand; older lawmakers who might have retired a few years ago hung on in light of realistic hope that their party could regain control of the chamber in the 2018 or 2020 elections. That prospect seems remote now, with Republicans enjoying a 60-40 majority and the new political map creating fewer than ten strong pickup opportunities for House Democrats.

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Governor resumes public events; no word on follow-up test (updated)

Governor Kim Reynolds returned to the capitol on January 18, after canceling her public events on January 13 and 14. Announcing those cancellations, staff said in a statement that the governor “is not feeling well, but has tested negative for COVID-19.” Her spokesperson Alex Murphy did not respond to subsequent messages seeking to clarify whether Reynolds was tested again over the holiday weekend.

At least five individuals associated with the Iowa House or Senate have tested positive for COVID-19 in recent days, including Democratic State Senators Zach Wahls and Nate Boulton. (The legislature does not require lawmakers or staff to report coronavirus infections.) Reynolds, Wahls, and Boulton are all vaccinated and boosted for COVID-19.

The governor spent considerable time with her face uncovered around other unmasked people last week: at a crowded Iowa GOP breakfast on January 10, while delivering her Condition of the State address in the House chamber the following day, and while attending the Iowa Supreme Court chief justice’s report to lawmakers on January 12.

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Who's who in the Iowa House for 2022

The Iowa House opened its 2022 session on January 10 with 60 Republicans and 40 Democrats, a one-seat gain for the GOP compared to last year, thanks to a special election last fall.

The House members include 69 men and 31 women (21 Democrats and ten Republicans), down from a record 34 women in 2019 and 33 women in 2020.

Six African Americans (Democrats Ako Abdul-Samad, Ruth Ann Gaines, Ras Smith, Phyllis Thede, and Ross Wilburn, and Republican Eddie Andrews) serve in the legislature’s lower chamber. Republican Mark Cisneros is the first Latino elected to the Iowa legislature, and Republican Henry Stone is only the second Asian American to serve in the House. The other 92 state representatives are white.

Democrat Liz Bennett is the only out LGBTQ member of the Iowa House. To my knowledge, Abdul-Samad (who is Muslim) is the only lawmaker in either chamber to practice a religion other than Christianity.

I’ve posted details below on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted changes since last year’s session. The most significant: Republican Mike Bousselot won a September special election following the death of Republican John Landon, and Republican Jon Dunwell won an October special election after Democrat Wes Breckenridge left the legislature for another job.

Some non-political trivia: the Iowa House has two members with the surname Meyer (a Democrat and a Republican). As for popular first names, there are six Davids (three go by Dave), three Roberts (a Rob, a Bob, and a Bobby), three men named Tom or Thomas, three named Steve or Steven, three named Charles (a Chuck and two Charlies), three Brians, three men named Michael (two go by Mike), three Jons and two Johns, and two men each named Gary, Dennis, and Ross. There are also two Elizabeths (a Beth and a Liz), two Shannons, an Ann and an Anne, and two women named Mary (down from four in 2020).

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Why did so many Democrats vote for Iowa's COVID-19 vaccine law?

Governor Kim Reynolds was “proud” to sign a bill designed to make it easier for Iowans to get around COVID-19 vaccination mandates in the workplace. State Representative Henry Stone, who floor managed the bill in the House, said Republicans worked on this legislation for months, seeking ways to lessen the impact of the Biden administration’s expected rules requiring large employers to mandate COVID-19 vaccinations or frequent testing of employees.

Democrats had no input on the proposal and did not see the bill text until hours before lawmakers debated House File 902 on October 28. Nevertheless, both chambers approved the bill by surprisingly large margins: 68 votes to 27 in the House and 45 votes to 4 in the Senate.

Why did so many Democrats vote for a bill that one supporter described as “a joke” during debate?

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Seven Iowa lawmakers who had crossover appeal in 2020

The Daily Kos Elections team performs an incredible public service every two years, calculating top-ticket results for every state legislative district in the country. Last week the staff published raw vote totals and vote shares for Joe Biden and Donald Trump in all 100 Iowa House districts and 50 Iowa Senate districts.

Take my advice and bookmark that spreadsheet, as well as an updated Daily Kos Elections spreadsheet showing how residents of each Iowa legislative district voted for president in 2012 and 2016, for governor in 2014 and 2018, and for U.S. Senate in 2014. Even though Iowa’s state legislative boundaries will soon change, the data will remain useful as evidence of changing voting patterns.

For today I want to dive into crossover voting in Iowa, which was the focus of a Daily Kos Elections post on July 26. Ticket-splitting is rarer now than it used to be, but six current House members won last November, even though their constituents preferred the other party’s presidential candidate. Four sitting state senators represent districts that voted for the other party’s presidential candidate in 2020. However, only one of them was up for re-election last year. We can’t know how the other three would have performed compared to Trump or Biden.

This post covers the legislators whose districts went the other way for president, with thoughts about how each House or Senate district might change on Iowa’s next political map.

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Liz Bennett, Breanna Oxley face off in open Iowa Senate primary (updated)

Catching up on some news from before the holiday weekend: a competitive Democratic primary is shaping up for an open Iowa Senate seat covering part of Cedar Rapids. Four-term State Representative Liz Bennett confirmed on June 30 that she will run for the district that State Senator Rob Hogg has represented since 2007. Hogg won’t seek re-election in 2022, he announced last month. Iowa has yet to adopt a new political map, but this district will cover some part of the city of Cedar Rapids.

Bennett is the ranking Democrat on the Iowa House Economic Growth Committee and a member of the Human Resources, Natural Resources, and Information Technology committees, as well as the Transportation, Infrastructure and Capitals Appropriations subcommittee. Having won four previous state legislative races, she will be the early favorite in the Iowa Senate primary.

Bennett is also the first out LGBTQ woman elected to the Iowa legislature and the only out LGBTQ person now serving at the statehouse. Only one out LGBTQ person has ever served in the Iowa Senate: Matt McCoy, who did not seek re-election in 2018.

Breanna Oxley, a public school teacher and education activist, was first to declare her candidacy for the Cedar Rapids Senate district on June 15. She told Bleeding Heartland last week she is staying in that race. Her endorsers include former U.S. Representative Dave Loebsack, former State Senator Swati Dandekar, and former Linn County Supervisor Linda Langston.

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Will poll-tested language sway Iowa voters on abortion amendment?

During the closing days of the Iowa legislature’s 2021 session, Republicans accomplished one task that eluded them in 2020: getting a constitutional amendment on abortion halfway toward appearing on a statewide ballot. I expected the House and Senate to approve the measure quickly, emboldened by a larger majority in the lower chamber, where the proposal stalled last year.

Instead, Republicans spent months haggling over how the amendment would be phrased, hoping to make this effort more palatable to Iowans who currently oppose it.

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Anti-vaxxers hate Iowa's "vaccine passports" bill

The governor signed this bill on May 20. Original post follows.

“I look forward to signing this important legislation into law!” Governor Kim Reynolds tweeted on May 6, after the Iowa House and Senate approved a bill purportedly banning “vaccine passports.”

House File 889 fits a pattern of Republican bills that are best described as solutions in search of a problem. No state or local government agency intends to issue COVID-19 vaccine passports, nor are Iowa-based businesses rushing to require that customers show proof of coronavirus vaccinations.

A “message” bill can be useful politically, if it pleases a constituency Republicans need in the next election. The odd thing about this last-minute push is that Iowa’s most vocal vaccine skeptics don’t support the bill heading to the governor’s desk. On the contrary, they’re demanding a veto in the name of freedom.

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Policing bill would worsen Iowa's justice system disparities

Most of the new crimes and enhanced penalties that would be established under a policing bill approved by the Iowa House would have a disparate impact on Black people, according to analysis from the nonpartisan Legislative Services Agency.

Before passing Senate File 342, Iowa House members amended what had been a narrowly-focused bill on officer discipline to include several other so-called “Back the Blue” proposals: giving law enforcement more protection against lawsuits, increasing benefits for officers, and greatly increasing the criminal penalties for some protest-related actions.

For seven of the nine crimes addressed in the “Back the Blue” bill, now pending in the Iowa Senate, the LSA found the “conviction rate for African Americans exceeds the population proportion of the State, which would lead to a racial impact if trends remain constant.”

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Court order clears path for more diverse juries in Iowa

For decades, researchers have found that all-white juries are more likely to convict Black defendants than white defendants, and that Black people “are systematically more likely to be excluded from juries in many contexts.” In addition, studies indicate diverse juries “perform their fact-finding tasks more effectively,” and have been shown to “deliberate longer, consider more facts, make fewer incorrect facts, correct themselves more, and have the benefit of a broader pool of life experiences […].”

In a 2017 decision that gave defendants of color another way to challenge unrepresentative jury pools, the Iowa Supreme Court recognized, “Empirical evidence overwhelmingly shows that having just one person of color on an otherwise all-white jury can reduce disparate rates of convictions between black and white defendants.” Yet African Americans have continued to be under-represented in Iowa jury pools and on trial juries.

A recent Iowa Supreme Court order takes a step toward addressing that disparity in the state’s criminal justice system.

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Prospects for overturning Iowa's voter suppression law

Less than 24 hours after Governor Kim Reynolds signed into law new limits on every way to vote in Iowa, attorneys representing the League of United Latin American Citizens in Iowa (LULAC) filed the first lawsuit challenging Senate File 413. Plaintiffs argue the law is “fatally unconstitutional” because it imposes many new burdens on voting, with no justification and no “unifying theme other than making both absentee and election day voting more difficult for lawful Iowa voters.” The named defendants are Secretary of State Paul Pate (the state elections commissioner) and Attorney General Tom Miller (who supervises the county attorneys who would prosecute violations of the law).

The suit filed on March 9 won’t be the only litigation to test Senate File 413. The Libertarian Party of Iowa intends to challenge the much higher signature thresholds for third-party and independent candidates, state party chair Mike Conner Jr. confirmed to Bleeding Heartland. I briefly discuss those potential claims near the end of this post.

But restrictions on voting, especially early voting, are the centerpiece of the new law and the focus of LULAC’s lawsuit. Lead attorney Marc Elias summed up the case on MSNBC’s Rachel Maddow Show on March 9, saying, “Iowa had good, clean elections this November, as they have in the past, and without any reason other than to make voting harder, Iowa made voting harder.”

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Revised GOP election bill would exclude thousands more Iowa voters

UPDATE: Governor Reynolds signed the bill on March 8. Top Democratic election attorney Marc Elias posted on Twitter, “This is the first major suppression law since the 2020 election. Expect litigation here and elsewhere GOP legislatures follow this path.” Bleeding Heartland covered the lawsuit Elias filed here. Original post follows.

On a party-line vote of 30 to 18, the Iowa Senate on February 23 approved Senate File 413, a new version of a bill that would restrict every aspect of the early voting process. The following day, the Iowa House approved the bill on a party-line 57 to 37 vote. Governor Kim Reynolds is expected to sign the bill; Republican Senators Joni Ernst and Chuck Grassley have each endorsed limits on early voting in recent days.

Although State Senator Roby Smith’s amendment addressed a few of the concerns raised by county auditors and advocates for vulnerable populations, the revised legislation would make it even harder for thousands of Iowans to have their absentee ballots counted. In a new twist, it shortens election-day voting hours as well.

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Who's who in the Iowa House for 2021

The Iowa House opened its 2021 session on January 11 with 59 Republicans and 41 Democrats, a big improvement for the GOP from last year’s 53-47 split.

The House members include 69 men and 31 women (21 Democrats and ten Republicans), down from a record 34 women in 2019 and 33 women last year.

Six African Americans (Democrats Ako Abdul-Samad, Ruth Ann Gaines, Ras Smith, Phyllis Thede, and Ross Wilburn, and Republican Eddie Andrews) will serve in the legislature’s lower chamber. Republican Mark Cisneros is the first Latino elected to the Iowa legislature, and Republican Henry Stone is only the second Asian American to serve in the House. The other 92 state representatives are white.

Democrat Liz Bennett is the only out LGBTQ member of the Iowa House. To my knowledge, Abdul-Samad (who is Muslim) is the only lawmaker in either chamber to practice a religion other than Christianity.

I’ve posted details below on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted changes since last year.

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Record number of women will serve in Iowa Senate; fewer elected to House

Second in a series interpreting the results of Iowa’s 2020 state and federal elections.

The non-profit 50-50 in 2020 dissolved early this year after working for a decade to increase women’s representation in Iowa politics. Although our state has elected a woman governor, a woman to the U.S. Senate (twice), and will have women representing three of the the four Congressional districts for the next two years, we have a long way to go toward parity in the Iowa legislature.

When lawmakers convene in Des Moines in January, women will make up one-quarter of the Iowa Senate for the first time. However, the number of women serving in the House will drop below one-third of the chamber.

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Iowa's Ag Gag 3.0 may get past courts

It took them long enough.

After federal courts blocked two laws designed to suppress unauthorized access to livestock production facilities, Iowa lawmakers approved and Governor Kim Reynolds signed a third attempt to keep animal rights activists from filming or photographing conditions inside farm buildings or slaughterhouses. This time, the legislature finally took the path state attorneys recommended way back in 2011: beef up the trespassing law as applied to agriculture, without reference to speech or expression.

The new law has a realistic chance to survive a court challenge.

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Iowa lawmakers had their chance. Now governor should issue voting rights order

“Let them vote! Let them vote!” Black Lives Matter protesters chanted a few minutes after Governor Kim Reynolds signed a police reform bill on June 12. Reynolds did not acknowledge hearing them, continuing to pass out pens to advocates of the legislation, which the Iowa House and Senate had unanimously approved the night before.

The protesters want the governor to sign an executive order automatically restoring voting rights to Iowans who have completed felony sentences. Iowa has the country’s strictest felon voting ban, which disproportionately disenfranchises African Americans. Reynolds has resisted calls to issue an executive order, saying she wants the legislature to approve a state constitutional amendment on felon voting instead.

The Iowa legislature adjourned for the year on June 14 without the constitutional amendment clearing the Senate.

For many thousands of Iowans with felony convictions, an order from Reynolds provides the only path to voting before 2024. She should issue one as soon as possible.

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Who's who in the Iowa House for 2020

The Iowa House opened its 2020 session on January 13 with 53 Republicans and 47 Democrats, a change from last year’s 54-46 split due to State Representative Andy McKean’s party switch shortly before lawmakers adjourned last year.

The House members include 67 men and 33 women (23 Democrats and ten Republicans). Although 34 women were elected to the chamber in 2018 (a record number), State Representative Lisa Heddens stepped down last summer, and Ross Wilburn won the special election to serve out her term in House district 46.

Five African Americans (Democrats Ako Abdul-Samad, Ruth Ann Gaines, Ras Smith, Phyllis Thede, and Wilburn) will serve in the legislature’s lower chamber; the other 95 lawmakers are white. No Latino has ever been elected to the Iowa House, and there has not been an Asian-American member since Swati Dandekar moved up to the state Senate following the 2008 election. Democratic State Representative Liz Bennett is the only out LGBTQ member of the lower chamber. To my knowledge, Abdul-Samad (who is Muslim) is the only lawmaker in either chamber to practice a religion other than Christianity.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted significant changes since last year.

Some non-political trivia: the Iowa House includes two Smiths (both Democrats), while the other 98 members have different surnames. As for popular first names, there are six Davids (four go by Dave), four Marys (one goes by Mary Ann), three Roberts (a Rob, a Bob, and a Bobby), three men named Thomas (two go by Tom), three Johns and two Jons, and three men each named Gary and Brian. There are also two Elizabeths (a Beth and a Liz) and two men each named Bruce, Chris, Jeff, Michael (one goes by Mike), Ross, and Charles (a Chuck and a Charlie).

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Elizabeth Warren drawing support across Iowa Democratic spectrum

Senator Elizabeth Warren’s numbers have tapered somewhat in polls of the Democratic presidential race nationally and in Iowa over the past two months. But it would be a mistake to conclude she can’t win the Iowa caucuses.

A large share of caucus-goers have yet to commit to a candidate. Warren’s high-profile supporters, including the latest batch, point to factors that will keep her in contention as many Iowans decide over the next 40 days.

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Latest reform won't help vast majority of Iowans disenfranchised over felonies

On the same day Kentucky Governor Andy Beshear restored voting rights to some 140,000 constituents who previously committed nonviolent crimes, Governor Kim Reynolds rolled out an incremental step to make it easier for Iowans to regain their voting rights after completing a felony sentence.

It was the fourth time the application process has been simplified in nearly nine years since Governor Terry Branstad restored Iowa’s lifetime ban on voting after a felony conviction.

Although the new policy may marginally increase the number of Iowans who can cast a ballot in 2020, it will leave tens of thousands of Iowans unable to vote for years. It’s not clear the governor’s office will be able to process all of the new applications in time for next year’s general election.

Reynolds could mostly solve this problem in a day. She clings to an unconvincing rationale for not doing so.

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Some bad laws for Iowa's environment take effect today

Continuing Bleeding Heartland’s coverage of the Iowa legislature’s work during the 2019 session.

Iowa’s environmental community had something to celebrate when state lawmakers adjourned for the year without passing legislation that would crush small-scale solar development. An unusual coalition including solar installers, environmental groups, and livestock farmers helped keep the bill bottled up in the Iowa House despite intense lobbying by MidAmerican Energy and its allies, along with massive spending by undisclosed donors.

Unfortunately, lawmakers approved and Governor Kim Reynolds signed several other measures that will be detrimental for Iowa’s natural resources and take our state’s energy policy in the wrong direction. The new laws take effect today, as the 2020 fiscal year begins.

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IA-02 primary: Hart gaining strength, Croken considering, Russell's out

More than six dozen prominent Democrats endorsed former State Senator Rita Hart’s campaign for U.S. House on May 22. The list enclosed in full below includes activists from each of the 24 counties in Iowa’s second Congressional district. The best-known endorsers are former Iowa Lieutenant Governor and Secretary of Agriculture Patty Judge, former Iowa Democratic Party chair Sue Dvorsky, and twenty current or former state lawmakers.

Hart was already the clear favorite to win the nomination. She appears increasingly unlikely to face serious competition from the left in the Democratic primary. Iowa City business owner Veronica Tessler ruled out the race earlier this month. Former Bernie Sanders national delegate Daniel Clark, who ran in IA-02 as an independent last year, is now backing Hart. Johnson County progressives on the new list of Hart endorsers include State Senators Joe Bolkcom and Zach Wahls and State Representatives Mary Mascher and Amy Nielsen.

Scott County Supervisor Ken Croken is still considering a Congressional bid, he told Bleeding Heartland in a May 23 telephone interview. Croken said he and his team are collecting information about potential Republican candidates with a view to deciding who would be the best person to keep IA-02 in Democratic hands. He said the long list of Hart endorsers won’t affect his decision, which he will announce sometime after Memorial Day.

Hart’s news release mentioned eleven high-profile Scott County Democrats, including State Representatives Monica Kurth and Phyllis Thede, State Senator Jim Lykam, former Davenport Mayors Bill Gluba and Thom Hart, and former state lawmaker Frank Wood. Croken’s past contributions to some local Republican candidates would also be a problem in a primary race.

Speaking of Democrats in the Quad Cities area, Davenport attorney Ian Russell has ruled out running for Congress next year, he told Bleeding Heartland by phone on May 22. Russell said he talked to Hart about a week ago and “told her she’s going to be a very good candidate for the second district and that I’d support her.”

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Plaintiffs challenging Iowa judicial changes face uphill climb (updated)

A Linn County attorney and eight Iowa House Democrats are challenging the new law that altered the composition of the State Judicial Nominating Commission and the term of the Iowa Supreme Court chief justice.

Republican lawmakers approved the changes as an amendment to the “standings” budget bill on the final day of the 2019 legislative session. Governor Kim Reynolds signed the bill on May 8, giving herself and future governors nearly unchecked power to choose judges for Iowa’s Supreme Court and Court of Appeals.

The plaintiffs are not claiming the legislature lacked the power to change the commission’s membership through a statute. Although most of Iowa’s judicial selection system is spelled out in the state constitution, which takes years to amend, a loophole in Article V, Section 16 specified the manner of forming judicial nominating commissions only “Until July 4, 1973, and thereafter unless otherwise provided by law.”

Rather, the lawsuit filed in Polk County District Court on May 14 cites two constitutional violations related to the process by which the law passed and one violation related to the separation of powers.

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Where things stand with Republican bills targeting Iowa workers

Republican attacks on working Iowans have received less attention this year than in 2017, when new laws shredded public employee collective bargaining rights, blocked local governments from raising the minimum wage, and reduced workers’ compensation benefits, especially for those who hurt their shoulder on the job.

But below the radar, GOP lawmakers have moved several bills lately that would make life harder for working people, including some facing the difficult circumstances of unemployment or workplace injury.

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There are no Rs and Ds in my community

Matt Chapman has been helping to organize neighbors since residents of his mobile home park recently received notice that rent will go up by some 69 percent in June. -promoted by Laura Belin

The evictions have started where I live at Midwest Country Estates in Waukee. The new owners, Havenpark Capital, have a business model devoid of any compassion or even a passing concern for the elderly and vulnerable in the mobile home park they purchased. They made a promise to the shareholders, and apparently there is no room for empathy when dividends are being maximized.

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A tale of two personhood amendments

Two years ago, State Senator Jake Chapman’s Republican colleagues slapped down his efforts to force a Senate vote on language declaring that life begins at conception, with every fertilized egg “accorded the same rights and protections guaranteed to all persons.”

This week, Republicans helped Chapman accomplish what he failed to do then: sneak “personhood” language into a bill during Senate floor debate.

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Iowa House approves bill to let kids hunt with handguns

Children supervised by a responsible adult would be able to hunt deer with a “pistol or revolver” under a bill the Iowa House approved on March 20, mostly along party lines.

House members rejected a Democratic effort to restore language that had gained bipartisan support in committee and would have required minors to complete a hunter education course before using such weapons for hunting.

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Iowa lawmakers pass another unconstitutional "Ag Gag" bill

Iowa legislators just can’t quit violating the constitution in the service of livestock farmers and their lobby groups.

Two months after a federal judge comprehensively dismantled Iowa’s 2012 law prohibiting “agricultural production facility fraud,” the state House and Senate approved a bill creating the crime of “agricultural production facility trespass.” Governor Kim Reynolds has indicated she will sign the legislation. (UPDATE: She signed it on March 14.)

Although the drafters modeled the new bill after portions of an Idaho statute that survived a legal challenge, federal courts could and should strike down this law. Like the previous “ag gag” legislation, its primary purpose is to suppress speech reflecting certain viewpoints.

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House bill would update Iowa divorce law, removing tool for abusers

Amanda Rex-Johnson reports on a lesser-known bill that made it through the Iowa legislature’s first “funnel.” -promoted by Laura Belin

Two types of people immerse themselves in politics: those who are motivated by personal achievement, and those who find motivation born in affliction, for whom adversity becomes a catalyst.

While I’ve always expressed my convictions, often in the political sphere, opinions alone don’t typically change the rules that govern society. It wasn’t until Iowa law affected my family that I was prodded into action.

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On acknowledging victims as we reform felon voting restrictions

Matt Chapman reports from the first legislative hearing on a constitutional amendment to change Iowa’s felon disenfranchisement system. -promoted by Laura Belin

Despite record low temperatures outside, the room was packed for the January 31 Iowa House Judiciary subcommittee meeting to consider House Study Bill 68, a constitutional amendment proposed by Governor Kim Reynolds.

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Three things I learned watching Iowa House Republicans subvert democracy

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:

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Iowa House Republicans are making a mistake

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.

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Don't make more than 52,000 Iowans wait until 2023 to vote

Governor Kim Reynolds asked Iowa lawmakers today to start the process of amending the state constitution to remove the lifetime ban on voting by those who have committed “infamous crimes,” which under current law are defined as all felony offenses.

A constitutional amendment would be the best long-term fix for an unfair system that disproportionately affects racial minorities and those lacking the funds to navigate the restoration process. So the Iowa House and Senate should certainly heed the governor’s call. But it’s difficult to get a constitutional amendment through both chambers of the legislature, and the soonest an amendment could be enacted would be November 2022.

Reynolds and state lawmakers can and should take immediate steps to allow tens of thousands of Iowans to participate in this year’s local elections, the 2020 caucuses, and the primary and general elections of 2020 and 2022.

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Who's who in the Iowa House for 2019

The Iowa House opened its 2019 session today with 54 Republicans and 46 Democrats. State Representative Michael Bergan was sworn in for a second term, even though his Democratic opponent Kayla Koether is contesting the outcome. A special committee will consider her complaint in the coming weeks.

The new state representatives include 66 men and 34 women (24 Democrats and ten Republicans, record numbers for both parties).

Four African Americans (Democrats Ako Abdul-Samad, Ruth Ann Gaines, Ras Smith, and Phyllis Thede) will serve in the legislature’s lower chamber; the other 96 lawmakers are white. No Latino has ever been elected to the Iowa House, and there has not been an Asian-American member since Swati Dandekar moved up to the state Senate following the 2008 election. Democratic State Representative Liz Bennett is the only out LGBTQ member of the lower chamber. To my knowledge, Abdul-Samad (who is Muslim) is the only lawmaker in either chamber to practice a religion other than Christianity.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted significant changes since last year.

Some non-political trivia: the Iowa House includes two Smiths (both Democrats), while the other 98 members have different surnames. As for popular first names, there are six Davids (four go by Dave), four Marys (one goes by Mary Ann), three Roberts (a Rob, a Bob, and a Bobby), three men named Thomas (two go by Tom), three Johns and two Jons, and three men each named Gary and Brian. There are also two Elizabeths (a Beth and a Liz) and two men each named Bruce, Chris, Jeff, Michael (one goes by Mike), and Charles (a Chuck and a Charlie).

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Iowa House committee will hear Koether's election contest (updated)

Iowa House Speaker Linda Upmeyer confirmed on January 9 that a special committee will consider Kayla Koether’s contest of the House district 55 election. According to the certified results, Republican State Representative Michael Bergan leads Koether by nine votes, 6,924 to 6,915. Koether is fighting to have 29 uncounted absentee ballots from Winneshiek County opened and tallied, in light of evidence from the U.S. Postal Service that voters mailed those ballots by the legal deadline.

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Lessons of 2018: Both parties elected more women lawmakers than ever

Fourth in a series interpreting the results of Iowa’s 2018 state and federal elections.

The largest group of women ever to run for the Iowa legislature has produced the largest contingent of women lawmakers in state history.

For the first time, women will make up more than a third of Iowa House members and a majority of the lower chamber’s Democratic caucus.

The number of women serving in the Iowa Senate will exceed the previous record set in 2013 and 2014. In a major shift from the recent past, the women senators will include almost as many Republicans as Democrats.

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Iowa Republicans left many Democratic lawmakers unchallenged

The Republican Party is not fielding a candidate in more than two dozen Democratic-controlled Iowa House or Senate districts, while Democrats have left only seven GOP-held legislative seats uncontested. The disparity in party strategies is a departure from the last midterm election, when each party failed to nominate a candidate in more than two dozen state House districts alone.

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Iowa Senate district 49 preview: Patti Robinson vs. Chris Cournoyer

When Fred Hubbell selected State Senator Rita Hart as his running mate, Democrats had to scramble to find a new candidate in Iowa Senate district 49. Patti Robinson announced her candidacy on July 3. She will face Republican Chris Cournoyer, who has been campaigning here since last November.

Hart was favored for re-election, having won by nearly 900 votes in 2014 despite the statewide GOP landslide. However, an open seat should be highly competitive. Both parties may devote hundreds of thousands of dollars to this race, based on spending totals from the battleground Iowa Senate districts during the 2016 cycle.

Democrats are looking at a difficult state Senate map this year and can’t afford to lose any ground to maintain a realistic chance of regaining the majority in 2020. Republicans currently hold 29 of the 50 Senate seats and will pick up Senate district 1, where Iowa’s only independent lawmaker David Johnson is retiring.

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Fred Hubbell picks Rita Hart; Democrats need new candidate in Senate district 49

Fred Hubbell’s campaign announced this morning that State Senator Rita Hart is his pick for lieutenant governor. Hart and her husband grow corn and soybeans on a 600-acre farm near Wheatland (Clinton County). She previously taught in a rural school district for more than 20 years “before moving on to run educational programs that help young people find jobs with local businesses.” I enclose below the full news release and a campaign video in which Hart introduces herself as an “educator, farmer, a mother, and a volunteer.”

Speaking to the Des Moines Register’s Brianne Pfannenstiel, Hart said, “I want (people) to know that I’m not stepping up to this title. I’m stepping up to the responsibility, and I will always keep their best interests in mind as I do that.”

“I like to surround myself with people that come at questions and issues and experiences in a much different way than I do,” Hubbell, 67, told the Register. “I think that makes the discussion richer, and you’re better able to get a better decision that way. So I was looking for somebody that’s very talented and capable, but not a lot like me. And I think I found her.”

Since long before Hubbell entered the race for governor, Hart has been seen as a possible running mate for the next Democratic nominee. The pick should help the ticket in eastern Iowa and among rural and small-town voters, where the party has lost ground in recent election cycles.

Hart was first elected in 2012 to represent Iowa Senate district 49, covering Clinton County and part of north Scott County (scroll down for a map). Normally only even-numbered Senate districts are on the ballot in presidential election years, but post-2010 redistricting created a seat with no incumbent in her area. Hart won a full four-year term in 2014 despite a GOP landslide statewide. She was facing a strong challenge this year from Republican business owner and school board president Chris Cournoyer. The latest voter registration numbers show a small advantage for Democrats, but as an open seat Senate district 49 should be a competitive race. The district’s residents favored Barack Obama for president in 2012, but Donald Trump outpolled Hillary Clinton here by 51.7 percent to 42.0 percent.

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Iowans will likely elect record number of women lawmakers in 2018

A record number of women running for office in Iowa this year has translated into a record number of women who will appear on our state’s general election ballot. Iowa State University’s Carrie Chapman Catt Center for Women and Politics noted that 85 women (86 percent of female candidates on Iowa’s primary ballot) won their party’s nominations yesterday.

More women than ever will likely win Iowa House seats this November (current number: 28 out of 100). Female representation will almost certainly increase in the state Senate too and could exceed the previous record (ten out of 50 senators in 2013-2014). Follow me after the jump for details.

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Iowa legislative recap: Constitutional amendments

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.

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Kim Reynolds misleads three times in one sound bite on GOP tax bill

“Republicans led on tax reform in 2018,” Governor Kim Reynolds asserted in a news release after lawmakers adjourned for the year on May 5. “As a result, hardworking, middle class Iowa families, farmers, small business owners and workers get meaningful relief, all while Iowa’s budget priorities in future years are protected.”

None of those claims withstand scrutiny.

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Baltimore demoted, unlike previous two Iowa House Rs caught drunk driving

Iowa House Speaker Linda Upmeyer announced today that following State Representative Chip Baltimore’s OWI arrest, she has named Majority Whip Zach Nunn to lead the Judiciary Committee for the remainder of the 2018 legislative session. “Serving as a committee chairman is a privilege that requires a higher level of responsibility,” Upmeyer said in a statement. “Drinking and driving is unacceptable behavior that endangers the lives of all Iowans who wish to travel our roads safely. Rep. Baltimore’s actions were clearly irresponsible and he is being held accountable.”

The last two Iowa House Republicans caught drunk driving did not face such consequences.

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Who's who in the Iowa House for 2018

The Iowa House opens its 2018 session today with 58 Republicans, 41 Democrats, and one vacancy, since Jim Carlin resigned after winning the recent special election in Iowa Senate district 3. Voters in House district 6 will choose Carlin’s successor on January 16. UPDATE: Republican Jacob Bossman won that election, giving the GOP 59 seats for the remainder of 2018.

The 99 state representatives include 27 women (18 Democrats and nine Republicans) and 72 men. Five African-Americans (all Democrats) serve in the legislature’s lower chamber; the other 95 lawmakers are white. No Latino has ever been elected to the Iowa House, and there has not been an Asian-American member since Swati Dandekar moved up to the Iowa Senate following the 2008 election.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted significant changes since last year.

Under the Ethics Committee subheading, you’ll see a remarkable example of Republican hypocrisy.

Some non-political trivia: the Iowa House includes two Taylors (one from each party) and two Smiths (both Democrats). As for first names, there are six Davids (four go by Dave), four Roberts (two Robs, one Bob, and a Bobby), four Marys (one goes by Mary Ann), three Johns and a Jon, and three men each named Gary and Charles (two Chucks and a Charlie). There are also two Elizabeths (a Beth and a Liz) and two men each named Brian, Bruce, Chris, Todd, and Michael (one goes by Mike).

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Lawsuit claims Iowa governor illegally transferred state funds (updated)

UPDATE: Plaintiffs dropped this lawsuit in May 2018 after Republican legislators retroactively legalized the governor’s fund transfer. Original post follows.

State Representative Chris Hall filed a lawsuit today, charging Governor Kim Reynolds and Department of Management Director David Roederer “conspired together to unlawfully appropriate and misuse state funds.” The ranking Democrat on the Iowa House Appropriations Committee is seeking to void “all actions taken as a result of the unlawful Official Proclamation signed on September 28, 2017,” which transferred $13 million from the Iowa Economic Emergency Fund.

That order allowed Reynolds to cover a projected budget shortfall at the end of fiscal year 2017 without calling a special legislative session. But State Treasurer Michael Fitzgerald warned the governor that the planned transfer “would not be in compliance with Iowa law.” Hall’s petition, enclosed in full below, points to the same Iowa Code provision Fitzgerald cited in his letter to the governor.

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IA-Gov: Boulton, Hubbell lead in early legislative endorsements

State Senator Nate Boulton and Fred Hubbell have locked up more support among state lawmakers than the five other Democrats running for governor combined.

Whether legislative endorsements will matter in the 2018 gubernatorial race is an open question. The overwhelming majority of state lawmakers backed Mike Blouin before the 2006 gubernatorial primary, which Chet Culver won. Last year, former Lieutenant Governor Patty Judge won the nomination for U.S. Senate, even though about 60 current and 30 former Democratic lawmakers had endorsed State Senator Rob Hogg.

Nevertheless, prominent supporters can provide a clue to activists or journalists about which primary contenders are well-positioned. Where things stand:

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Two more Democrats support gun bill in final Iowa House vote

This afternoon the Iowa House approved the amended omnibus gun bill state senators approved earlier this week. House File 517 passed by 57 votes to 35, mostly along party lines. Four Democrats (Bruce Bearinger, Scott Ourth, John Forbes, and Tim Kacena) voted for the bill. Bearinger and Ourth also supported the legislation the first time it came before the House. They explained their reasoning in comments I published here. I have asked Forbes and Kacena why they changed their minds and will update this post as needed.

Only two Republicans voted against the gun bill today. Dave Heaton and Michael Bergan also opposed last month’s version. Heaton could not abide the provisions making it more difficult for local governments to keep guns out of public buildings. His district includes Mount Pleasant, where a fatal shooting occurred during a city council meeting three decades ago. I have not seen public comments from Bergan about this issue, but will update this post if he responds to my inquiry.

Before the final vote, House members debated the Senate amendment to House File 517. Bleeding Heartland discussed the changes to various provisions here. Democratic State Representative Mary Wolfe offered an amendment to the amendment, which would have delayed until July 1, 2018 the implementation of the section allowing Iowans to carry concealed weapons on the state Capitol grounds. Her thinking: while it’s “fine” to let law-abiding Iowans carrying handguns in Capitol, the legislature has a “responsibility to visitors to ensure all permits to carry [are] valid.” The bill calls for the Department of Public Safety to create a statewide verifiable uniform permit to carry, but that process will take much longer than three months. Wolfe pointed to the risk that Iowans without permits might take advantage of the current non-uniformity of carry permits issued by county sheriffs (some with no photo). The state legislature will be held liable “if innocent people are killed by a person who is allowed to carry” a gun in the Capitol building.

Wolfe’s amendment was ruled not germane, and her motion to suspend the rules to force a vote on it failed along party lines. After that, House members approved the Senate amendment by voice vote, leading to closing speeches and the 57-35 vote on final passage mentioned above.

Matt Windschitl, who floor managed House File 517, used part of his closing remarks to go on a riff about Iowans “being lied to.” I expected a diatribe against people like me, who have raised concerns about Stand Your Ground and local pre-emption language facilitating more homicides. But in a plot twist, Windschitl’s target was Aaron Dorr, the none-too-ethical leader of Iowa Gun Owners. That group claims to be “Iowa’s only No Compromise gun rights organization.” On the House floor (beginning around the 4:42:15 mark here), Windschitl hammered Iowa Gun Owners for taking credit for a bill they did nothing to advance. “You need and you deserve the truth. Aaron Dorr is a scam artist, a liar, and he is doing Iowans no services and no favors. I feel better now,” Windschitl said, just before moving for a final vote on his bill.

UPDATE: Forbes commented via e-mail on April 7, “There were several changes made in the Senate that improved the bill and led to my support. While it is still not perfect, the Senate changes give the Governor more flexibility to restrict weapons in emergency situations, adds more safeguards for kids, and adds new protections to keep people who have committed a firearms-related crime behind bars.”

Weekend open thread: Iowa legislative news roundup

The Iowa legislature’s second “funnel” deadline passed on March 31. In theory, aside from appropriations bills, any legislation that hasn’t yet cleared one chamber and at least one committee in the other chamber is no longer eligible for consideration for this year. However, leaders can resurrect “dead” bills late in the session or include their provisions in appropriations bills. The Des Moines Register’s William Petroski and Brianne Pfannenstiel reviewed important bills that did or did not make it through the funnel. James Q. Lynch and Rod Boshart published a longer list in the Cedar Rapids Gazette.

This paragraph caught my eye from the Register’s story.

Senate Majority Leader Bill Dix, R-Shell Rock, said everything that lawmakers are doing is a reflection of learning from states where prosperity is occurring as a result of business-friendly policies. That formula includes low-cost government, innovative public services, and easing regulatory burdens on businesses to spur job creation and to allow Iowa companies to compete in a global marketplace, he added.

Not so much: Republicans following a similar playbook drove Kansas and Louisiana into the ground. Wisconsin has performed poorly in employment growth, poverty reduction, household income, and wages compared to neighboring Minnesota, where corporate interests didn’t capture state government.

This is an open thread: all topics welcome. I enclose below links and clips about bills I haven’t had time to write about yet. Two are “business-friendly” policies that will hurt Iowans suffering because of exposure to asbestos or medical malpractice. One would make local governments and first responders less accountable by excluding all “audio, video and transcripts of 911 calls involving injured victims of crimes or accidents” from Iowa’s open records law.

Quick update on House File 484, the bill to dismantle the Des Moines Water Works: once seen as almost a sure thing due to covert support from the Iowa Farm Bureau, the bill was on the House debate calendar for many days in March but never brought to the floor. Majority Leader Chris Hagenow put House File 484 on the “unfinished business” calendar on March 30, after House Republicans voted down a Democratic motion to exclude it from that list.

Opponents of the Water Works bill have become more confident lately, as several GOP representatives and senators have said privately they oppose the legislation. In addition, a Harper Polling survey commissioned by the Water Works showed that 68 percent of respondents oppose disbanding independent water works boards in Des Moines, West Des Moines, and Urbandale in order to give city councils control over the water utility. The same poll indicated that by a 55 percent to 23 percent margin, respondents said an independent board of trustees rather than the city council is “best qualified to manage your local water utility.” By an 88 percent to 5 percent margin, respondents said “people who live in the community” and not the state legislature should have “the final say” on municipal utilities. No one should be complacent, because powerful forces are behind this legislation. Republican leaders could attach Water Works language to must-pass budget bills.

P.S.- The legislature is supposed to wrap up its business this month and adjourn for the year before the end of April. I suspect that even with unified Republican control, the session will go into overtime. Lawmakers haven’t finalized budget targets for the 2018 fiscal year yet. With less money to go around following the recent downgrade in revenue forecasts, and legislators of both parties calling for a review of increasingly expensive tax credits and exemptions, I expect several more weeks of behind the scenes negotiations before the House and Senate are ready to approve appropriations bills.

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Kim Reynolds applauds Terry Branstad's latest steps to hurt Iowa workers

On Thursday Governor Terry Branstad signed two of the most mean-spirited bills to come out of the Republican-controlled legislature this year. House File 295 prevents local governments from raising the minimum wage, potentially affecting an estimated 85,000 people working in five Iowa counties. (Lee County supervisors voted this week to raise the minimum wage, following the example set by leaders in Johnson, Linn, Polk, and Wapello.) House File 518 overhauls the workers’ compensation system in ways that guarantee fewer Iowans will qualify for benefits, and those who do will receive less money, especially for shoulder injuries.

Amid several false or misleading statements in the news release on the latest bill signings, one true fact emerges: Lieutenant Governor Kim Reynolds enthusiastically endorses these new laws. She will own their every harmful consequence.

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Peter Cownie won't say who suggested worst workers' comp proposals

The Iowa House has already approved and the Senate will consider today the most sweeping changes to our workers’ compensation system in decades. The legislation would disadvantage injured workers in many ways. Three points in the initial Republican proposal have drawn the most intense criticism from employee advocates who spoke to journalists, published commentaries, testified at a public hearing, or reached out directly to state lawmakers:

• Shifting the burden of proof by forcing employees filing a claim to show workplace activity was the “predominant” factor in an injury;

• Cutting off benefits for most injuries at age 67, which would discriminate against older workers; and

• Classifying shoulder injuries as “scheduled member” rather than “body as a whole” injuries, language seen as a gift to meatpacking companies because it would “drastically” reduce benefits.

Those provisions were so widely acknowledged to be unjust that Republicans amended them before passing House File 518. GOP State Senator Charles Schneider has said he and other colleagues favor changing the same three sections of the Senate version.

How did such cruel ideas come before the legislature to begin with? Hoping to find out, I turned to State Representative Peter Cownie, who introduced the workers’ compensation bill in his capacity as House Commerce Committee chair.

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House Republicans approve workers' comp bill with major unfunded changes

Iowa workers lost again at the statehouse on Thursday, as 55 House Republicans approved a bill that would tilt the workers’ compensation system markedly toward employers. All 37 Democrats present voted against House File 518, joined by just one Republican, State Representative Rob Taylor. UPDATE: GOP Representative Clel Baudler was absent on March 16 but filed an “explanation of vote” in the House Journal on March 20 clarifying that he would have voted “nay” on this bill.

Lawmakers had received an enormous number of constituent contacts since the “dramatic” and “far-reaching” legislation first saw the light of day a little more than two weeks ago. In a rush to get this unpleasantness behind them before the weekend, GOP legislators insisted on a final vote before staff could analyze the cost of a “new career vocational training and education program,” conjured up in an amendment filed the previous evening.

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Iowa Republicans on voter ID: La la la, we can't hear you

Bare-knuckles partisanship is a running theme of the 2017 Iowa legislative session, so Thursday’s party-line House vote to approve new voting restrictions was unremarkable. Nor was it surprising that Republicans cut off floor debate before members discussed most of the Democratic amendments to House File 516. Before last month, House leaders hadn’t invoked the “time certain” procedural maneuver since March 2011. They’ve used it twice this year already: to destroy collective bargaining rights and now for the bill containing voter ID, signature verification, and other ways to make voting more difficult.

After listening to the March 6 public hearing and about half of the twelve hours House members debated the bill, I was struck by how Republicans stayed on the message we’ve heard from Secretary of State Paul Pate. No one will be unable to vote because of this bill, and everyone who needs a new voter ID card will get one for free.

At the hearing and on the Iowa House floor, numerous speakers offered specific examples of how the GOP proposal could prevent eligible voters from casting a ballot.

They might as well have been talking to a wall.

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What you need to know about the bill that will get more Iowans killed

Voting mostly along party lines, the Iowa House approved on March 7 a bill containing many items on the gun lobby’s wish list. House File 517 would make it easier for Iowans to acquire, carry, and use firearms, relaxing permitting rules, expanding where people can bring concealed weapons, and enacting “Stand Your Ground” language. The bill is certain to pass the Republican-controlled state Senate, due to the heavy involvement of pro-gun groups in defeating several Democratic incumbents last year. Governor Terry Branstad has never seen a gun bill he didn’t like, so will surely sign House File 517 when it reaches his desk.

The most important likely result will be more shootings of unarmed people by Iowans newly entitled to use deadly force, without having to demonstrate that any person was in danger, or that the shooter had valid reason to feel threatened. Other states that adopted “Stand Your Ground” legislation have experienced a documented increase in homicides, with no evidence of deterrence effects. After Florida enacted a law similar to what the Iowa House just passed, “there was an abrupt and sustained increase in the monthly homicide rate of 24.4% […] and in the rate of homicide by firearm of 31.6% […].”

As State Representative Ras Smith underscored by putting on a hoodie during the Iowa House debate, African-Americans will be at particular risk, since research indicates “Whites who kill blacks in Stand Your Ground states are far more likely to be found justified in their killings.”

More tragedies may also occur in Iowa municipal offices, thanks to provisions making it harder for cities and counties to ban weapons from government buildings.

I enclose below some highlights from yesterday’s debate and details on House File 517. Because gun advocates continue to spread misinformation in order to build a case for “Stand Your Ground,” I also included relevant language from current state law and an Iowa Supreme Court ruling.

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Who's who in the Iowa House for 2017

The Iowa House opens its 2017 session today with 59 Republicans, 40 Democrats, and one vacancy, since Jim Lykam resigned after winning the recent special election in Iowa Senate district 45. The 99 state representatives include 27 women (18 Democrats and nine Republicans) and 72 men. Five African-Americans (all Democrats) serve in the legislature’s lower chamber; the other 95 lawmakers are white. No Latino has ever been elected to the Iowa House, and there has not been an Asian-American member since Swati Dandekar moved up to the Iowa Senate following the 2008 election.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted changes since last year.

Under the Ethics Committee subheading, you’ll see a remarkable example of Republican hypocrisy.

Some non-political trivia: the Iowa House includes two Taylors (one from each party) and two Smiths (both Democrats). As for first names, there are six Davids (four go by Dave), four Roberts (two Robs, one Bob, and a Bobby), four Marys (one goes by Mary Ann), and three men each named Gary, John, and Charles (two Chucks and a Charlie). There are also two Elizabeths (a Beth and a Liz) and two men each named Brian, Bruce, Chris, Greg, Michael, and Todd.

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Fewer women will serve in the new Iowa Senate and House (updated)

The non-partisan organization 50/50 in 2020 has set a goal of electing 25 women to the Iowa Senate and 50 women to the Iowa House by 2020. Yesterday’s elections will bring a lot of new voices to the state capital. However, chambers that were already less diverse than most other state legislatures will become even less representative of the state’s population.

LATE UPDATE: The new Iowa House will in fact have one more female member than the chamber did in 2015 and 2016, following Monica Kurth’s victory in the special election to represent House district 89.

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Iowa second-worst state for racial disparity in drug possession arrests

The massive racial disparities in Iowa’s criminal justice system have long been recognized as among the worst in the country, spurring calls to action not only by advocacy groups but also by Iowa Supreme Court Chief Justice Mark Cady and even Governor Terry Branstad.

Yet a new report by the American Civil Liberties Union and Human Rights Watch shows that African-American adults in Iowa are seven times more likely than whites to be arrested for drug possession–an imbalance second only to Montana.

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Three paths to expanding felon voting rights in Iowa

A week ago today, four Iowa Supreme Court justices upheld the lifetime ban on voting for Iowans convicted of all felonies, which are defined as “infamous crimes” under a 1994 state law. Chief Justice Mark Cady’s opinion in Griffin v. Pate and three dissents are available here; Bleeding Heartland posted key excerpts here.

A decision in Kelli Jo Griffin’s favor could have made tens of thousands of Iowans newly eligible to vote in this year’s presidential election. Instead, Iowa will likely retain its place as one of the most restrictive states on felon voting for years.

In theory, those who have completed sentences can apply to have Governor Terry Branstad restore their voting rights. Griffin plans to do so, and I expect Branstad to make a big show of approving her application. In practice, though, that option will be available only to a small minority of those affected by the governor’s January 2011 executive order. During the first five years the new policy was in effect, less than two-tenths of 1 percent of disenfranchised felons managed to regain the right to vote, an average of fewer than 20 people per year.

I am awaiting information from the governor’s office on restoration numbers since the latest “streamlining” of the official form in April, but I don’t expect the number of applicants ever to become more than a trickle. The financial and other barriers will remain too great.

Even if Branstad started receiving substantially more applications and approved them at a rate of 20 per week–unlikely since this work already occupies “meaningful amounts of time every day” for the governor’s staff–only about 1,000 people annually would be able to regain their voting rights. That’s less than 2 percent of the estimated 57,000 Iowans who have been disenfranchised since January 2011. Thousands more join their ranks every year. So much for an “efficient and convenient” restoration process.

Three paths are available to bring Iowa in line with how most states approach voting rights for people with felony convictions.

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Divided Iowa Supreme Court upholds felon voting ban; key points and political reaction

The Iowa Supreme Court has rejected a lawsuit challenging state policy on disenfranchising all felons. Four justices found “insufficient evidence to overcome the 1994 legislative judgment” defining all felonies as “infamous crimes,” which under our state’s constitution lead to a lifetime ban on the right to vote or run for office. Chief Justice Mark Cady wrote the majority ruling, joined by Justices Bruce Zager, Edward Mansfield, and Thomas Waterman. They affirmed a district court ruling, which held that having committed a felony, Kelli Jo Griffin lost her voting rights under Iowa law.

Justices Brent Appel, Daryl Hecht, and David Wiggins wrote separate dissenting opinions, each joined by the other dissenters. I enclose below excerpts from all the opinions, along with early political reaction to the majority ruling and a statement from Griffin herself.

The American Civil Liberties Union of Iowa filed the lawsuit on behalf of Griffin in November 2014, seven months after an Iowa Supreme Court plurality had stated, “It will be prudent for us to develop a more precise test that distinguishes between felony crimes and infamous crimes” that disqualify Iowans from voting.

Three of the six justices who participated in that 2014 case decided Griffin v. Pate differently. In Chiodo v. Section 43.24 Panel, Cady wrote and Zager joined the plurality opinion, which left open the possibility that not all felonies rise to the level of infamous crimes. Wiggins dissented from the Chiodo plurality, saying the court should not rewrite “nearly one hundred years of caselaw” to “swim into dangerous and uncharted waters.”

All credit to Ryan Koopmans for pointing out in March that given how quickly the court had decided Chiodo, “Having had more than a couple days to think about it, some of the justices could easily change their mind.” The justices were on a compressed schedule in Chiodo because of the need to print ballots in time for the early voting period starting 40 days before the 2014 Democratic primary. Ned Chiodo was challenging the eligibility of Tony Bisignano, a rival candidate in Iowa Senate district 17.

Side note before I get to the key points from today’s decisions: An enormous opportunity was missed when the state legislature did not revise the 1994 law defining infamous crimes between 2007 and 2010, when Democrats controlled the Iowa House and Senate and Chet Culver was governor. The issue did not seem particularly salient then, because Governor Tom Vilsack’s 2005 executive order had created a process for automatically restoring the voting rights of most felons who had completed their sentences.

But Governor Terry Branstad rescinded Vilsack’s order on his first day back in office in January 2011. During the first five years after Branstad’s executive order, fewer than 100 people (two-tenths of 1 percent of those who had been disenfranchised) successfully navigated the process for regaining voting rights. I consider the policy an unofficial poll tax, because getting your rights back requires an investment of time and resources that most ex-felons do not have. Today’s majority decision leaves this policy in effect, with a massively disproportionate impact on racial minorities.

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Never let it be said that the 2016 Iowa legislature accomplished nothing

In four months of work this year, Iowa lawmakers made no progress on improving water quality or expanding conservation programs, funded K-12 schools and higher education below levels needed to keep up with inflation, failed to increase the minimum wage or address wage theft, let most criminal justice reform proposals die in committee, didn’t approve adequate oversight for the newly-privatized Medicaid program, opted against making medical cannabis more available to sick and suffering Iowans, and left unaddressed several other issues that affect thousands of constituents.

But let the record reflect that bipartisan majorities in the Iowa House and Senate acted decisively to solve a non-existent problem. At a bill-signing ceremony yesterday, Governor Terry Branstad and supporters celebrated preventing something that probably never would have happened.

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Weekend open thread: Mother's Day edition

Happy Mother’s Day to everyone in the Bleeding Heartland community who is celebrating this weekend. Although abolitionist and feminist Julia Ward Howe originally envisioned the holiday as a “Day of Peace,” our culture approaches today as a time to thank mothers with cards, phone calls, visits, or gifts. In lieu of a traditional bouquet of flowers, I offer wild geranium, a native plant now blooming in many wooded areas, and a shout out to some of the mothers who are active in Iowa political life.

These Iowa mothers now hold state or federal office: U.S. Senator Joni Ernst, Lieutenant Governor Kim Reynolds, State Auditor Mary Mosiman, State Senators Rita Hart, Pam Jochum, Liz Mathis, Janet Petersen, Amanda Ragan, Amy Sinclair, and Mary Jo Wilhelm, House Speaker Linda Upmeyer, State Representatives Deborah Berry, Timi Brown-Powers, Nancy Dunkel, Ruth Ann Gaines, Mary Gaskill, Lisa Heddens, Megan Jones, Vicki Lensing, Mary Mascher, Helen Miller, Linda Miller, Dawn Pettengill, Patti Ruff, Kirsten Running-Marquardt, Sandy Salmon, Sharon Steckman, Sally Stutsman, Phyllis Thede, Beth Wessel-Kroeschell, Cindy Winckler, and Mary Wolfe.

These Iowa mothers are running for state or federal office this year: U.S. Senate candidate Patty Judge, U.S. House candidates Monica Vernon (IA-01) and Kim Weaver (IA-04), Iowa Senate candidates Susan Bangert, Pam Dearden Conner, Rene Gadelha, Miyoko Hikiji, and Bonnie Sadler, Iowa House candidates Perla Alarcon-Flory, Jane Bloomingdale, Claire Celsi, Sondra Childs-Smith, Paula Dreeszen, Carrie Duncan, Deb Duncan, Jeannine Eldrenkamp, Kristi Hager, Jan Heikes, Ashley Hinson, Barbara Hovland, Sara Huddleston, Jennifer Konfrst, Shannon Lundgren, Heather Matson, Teresa Meyer, Maridith Morris, Amy Nielsen, Andrea Phillips, Stacie Stokes, and Sherrie Taha.

Mother’s Day is painful for many people. If you are the mother of a child who has died, I recommend Cronesense’s personal reflection on “the other side of the coin,” a piece by Frankenoid, “Mother’s Day in the Land of the Bereaved,” or Sheila Quirke’s “What I Know About Motherhood Now That My Child Has Died.” If your beloved mother is no longer living, I recommend Hope Edelman’s Mother’s Day letter to motherless daughters or her commentary for CNN. If you have severed contact with your mother because of her toxic parenting, you may appreciate Theresa Edwards rant about “13 Things No Estranged Child Needs To Hear On Mother’s Day” and Sherry’s post on “The Dirty Little Secret.”

This is an open thread: all topics welcome.

Prospects for increasing diversity in the Iowa legislature (post-filing edition)

Now that the deadline to compete in the Democratic or Republican primaries has passed, the field of candidates is set in most of the 100 Iowa House districts and 25 Iowa Senate districts that will be on the ballot this fall.

It’s time for a first look at chances to increase diversity in the state legislature for the next two years. The proportion of white lawmakers is unlikely to change, while the proportion of women could move in either direction.

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Casual sexism in the Iowa House becomes easy clickbait for Radio Iowa

The Iowa House Government Oversight Committee wasted more time today arguing over efforts by some Republicans to investigate last year’s Governor’s Conference on LGBTQ Youth. For background on the controversy surrounding the annual event organized by the non-profit Iowa Safe Schools, see reporting by Iowa statehouse correspondents William Petroski and James Q. Lynch, as well as Mark Joseph Stern’s article for Slate. Committee Chair Bobby Kaufmann could be directing his oversight energy toward the governor’s hasty privatization of the Medicaid program, which will affect health care for one in six Iowans. But no, Kaufmann asserts “it would be a dereliction of my duty if we did not have an investigation” of the Governor’s Conference on LGBTQ Youth, attended by roughly a thousand people last year. (I am a longtime supporter of the conference but play no role in planning it.)

Iowa Safe Schools Executive Director Nate Monson has declined invitations from Kaufmann’s committee to testify about the conference. Today Democratic State Representative Mary Wolfe, a defense attorney by trade, and Republican State Representative Dawn Pettengill, occasionally prone to paranoid fears, disagreed over whether Monson should be compelled to appear. I’ve enclosed below excerpts from their remarks at the latest committee meeting.

House Republican Clel Baudler interrupted the exchange to declare it a “catfight,” “eliciting laughter from some committee members, including Pettengill,” by Lynch’s account.

It’s disappointing but not surprising that an Iowa lawmaker would belittle two of his female colleagues by reducing their substantive disagreement to a “catfight.”

Equally disappointing and much more surprising: O.Kay Henderson validated Baudler’s assessment by elevating his description to the headline and lede of her story for Radio Iowa. Putting the word in quotation marks signified that the label came from someone other than the journalist. Nevertheless, a story called “Committee ‘catfight’ over panel’s subpoena power,” with the opening sentence “One committee member today used the word ‘catfight’ to describe this debate,” gave Baudler’s interjection more importance than it warranted. Henderson’s reports reach thousands of Iowans, not only online but also through more than 50 affiliate radio stations.

In contrast, Lynch played it straight with his title (“Iowa lawmakers clash on scope of oversight in LGBT case”) and lede (“Members of an Iowa House committee that reviews the performance of state agencies clashed Wednesday over the scope of its authority to compel testimony from members of the public”). He mentioned Baudler’s comment near the end of the story, where the colorful detail belonged.

I don’t expect Baudler to provide enlightened commentary on legislative happenings. I do expect one of Iowa’s most accomplished and respected female journalists not to seize on a sexist cheap shot as clickbait.

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IA-Sen: Patty Judge thinking about challenging Chuck Grassley

The Des Moines Register’s Jason Noble snagged a surprising scoop yesterday: former Lieutenant Governor and Iowa Secretary of Agriculture Patty Judge is considering running for the U.S. Senate this year. Referring to Grassley’s approach to the U.S. Supreme Court vacancy, Judge told Noble,

“Iowans have always been straight shooters, and up until the recent time I would have said the same thing about Chuck,” Judge said. […]

“I don’t like this double-speak,” Judge said. “I don’t like this deliberate obstruction of the process. I think Chuck Grassley owes us better. He’s been with us a long time. Maybe he’s been with us too long.”

To qualify for the Democratic primary ballot, Judge would need to submit nominating papers with the Secretary of State’s Office by March 18, three weeks from today. That doesn’t leave much time to collect at least 2,104 signatures, including minimum amounts in at least ten Iowa counties. But Judge could pull together a campaign quickly, having won three statewide elections–for secretary of agriculture in 1998 and 2002 and on the ticket with Chet Culver in 2006.

Three other Democrats are seeking the nomination to run against Grassley: State Senator Rob Hogg, former State Senator Tom Fiegen, and former State Representative Bob Krause. Former State Representative Ray Zirkelbach launched a U.S. Senate campaign in November but ended his campaign last month, Zirkelbach confirmed by phone this morning.

Dozens of Democratic state lawmakers endorsed Hogg in January. I enclose the full list below. Any comments about the Senate race are welcome in this thread.

UPDATE: Rebecca Tuetken notes, “Patty Judge does meet one apparent Iowa requirement: she told @SenatorHarkin ’08 steak fry that she can castrate a calf.” Truly a classic moment for Judge, when Joni Ernst was still the little-known Montgomery County auditor.

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Iowa's "Toddler Militia Bill" is a chance to build bridges across pro/anti gun cultures

The Iowa House approved House File 2281 on February 23 by 62 votes to 36. All 57 Republicans voted yes, joined by Democratic State Representatives David Dawson, Rick Olson, Jim Lykam, Mary Wolfe, and Patti Ruff. -promoted by desmoinesdem

Yesterday, the WaPo posted an op-ed opposing a bill in the Iowa legislature that makes it legal for kids under 18 to use a handgun under direct parent supervision. The bill is being lambased as a “toddler militia” bill that would let 1 and 2 and 3 year olds use guns.

I’m a parent very much concerned about gun violence in the US. One of my top reasons for supporting Hillary Clinton is her outstanding record on common sense gun control. However, I don’t oppose this bill, and in fact, I think it offers an opportunity for folks on both sides of the gun issue to come together.

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Who's who in the Iowa House for 2016

The Iowa House opened its 2016 session today with 57 Republicans and 43 Democrats. The 100 state representatives include 27 women (21 Democrats and six Republicans) and 73 men. Five African-Americans (all Democrats) serve in the legislature’s lower chamber; the other 95 state representatives are white. No Latino has ever been elected to the Iowa House, and there has not been an Asian member since Swati Dandekar moved up to the Iowa Senate following the 2008 election.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted changes since last year. All are on the Republican side, mostly following from Kraig Paulsen’s decision to step down as speaker, Chuck Soderberg’s retirement, and the passing of Jack Drake.

Some non-political trivia: the Iowa House includes two Millers (one from each party), two Taylors (one from each party), and two Moores (both Republicans). As for first names, there are six Davids (four go by Dave), four Roberts (two Robs, one Bob, and a Bobby), four Marys (one goes by Mary Ann), four Johns, and three Brians. There are two Lindas, two Elizabeths (a Beth and a Liz), and two men each named Dan, Mark, Greg, Tom, Bruce, Todd, Chris, and Charles (one goes by Chuck).

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Two Iowa metros on list of ten "worst cities for black Americans"

The Des Moines metro area has made plenty of “best places” lists during the last five years, but Chamber of Commerce types won’t be bragging about the top ten ranking that appeared last week. After examining “the disparities between white and black Americans in several economic and social measures” across the country, Thomas C. Frohlich and Sam Stebbins of the 24/7 Wall St. website “identified the 10 worst cities for black Americans.” The authors noted, “Four of the cities with the worst racial inequality are in Illinois, two are in Iowa, and all are in the Midwest.”

Follow me after the jump to learn why the Des Moines metro area ranked ninth and the Waterloo/Cedar Falls metro area tenth on this list.

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Iowa Senate, House approve gas tax increase

A bill that would raise Iowa’s gasoline tax by 10 cents a gallon is on its way to Governor Terry Branstad’s desk after approval today by both chambers in the Iowa legislature. The Iowa Senate passed Senate File 257 this morning by 28 votes to 21. Sixteen Democrats and twelve Republicans voted for the bill, while ten Democrats and eleven Republicans opposed it. Senate Majority Leader Mike Gronstal had reportedly insisted on at least half the GOP caucus supporting a gas tax increase as a condition for bringing the bill to the floor.

A few hours later, the Iowa House took up the Senate bill (rather than the bill that cleared two House committees last week). Thirty Republicans and 23 Democrats voted yes, while 26 Republicans and 20 Democrats voted no.

Only two state legislators missed today’s votes: Republican State Senator Mark Chelgren and Republican State Representative Chip Baltimore. Baltimore voted against the House version of this bill in committee last week, while Chelgren doesn’t serve on the committees that approved the bill in the Senate. Chelgren appears to have been absent for all of today’s votes, while Baltimore was at the Capitol but left the chamber when the gas tax bill came up. Speaking to reporters later, he tried to make a virtue out of his absence: “I refuse to legitimize either the bill or the process with a vote.” Weak sauce from a guy who is widely expected to seek higher office someday.

Conservative groups are urging Branstad to veto Senate File 257, but that seems unlikely, given the governor’s recent comments on road funding. Branstad’s spokesman said today that the governor will carefully review the final bill before deciding whether to sign it.  

After the jump I’ve enclosed the roll call votes in both chambers, as well as Senate Transportation Committee Chair Tod Bowman’s opening remarks this morning, which summarize key points in Senate File 257.

Final note: several of the “no” votes came from lawmakers who may face competitive re-election campaigns in 2016. Those include Democrats Chris Brase (Senate district 46), Steve Sodders (Senate district 36), and Mary Jo Wilhelm (Senate district 26), and Republicans Dennis Guth (Senate district 4) and Amy Sinclair (Senate district 14).

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Iowa legislative state of play on raising the gas tax

Iowa House and Senate members have taken several steps toward raising the state gasoline tax for the first time since 1989. Follow me after the jump for details on where the legislation stands and the latest signals from the governor.

One big political question was answered today, as House Speaker Kraig Paulsen not only endorsed the gas tax bill but personally intervened to make sure it would clear the House Ways and Means Committee. His support may bring some reluctant House Republicans on board. Conservative advocacy groups such as Americans for Prosperity and Iowans for Tax Relief are pushing hard against any gas tax increase. Governor Terry Branstad or Iowa Senate Minority Leader Bill Dix appear ready to back this bill but may need to spend more political capital to get it passed.

Two important policy questions remain unanswered. First, what will be done to lessen the blow on low-income Iowans, who would be disproportionately affected by any increase in a regressive tax? Iowa’s tax system is already stacked against people with lower incomes.

Second, will the gas tax hike turn out to be a giant bait and switch? From business groups to road builders to heavyweights in the agricultural sector, advocates of a tax increase cite the poor condition of many Iowa roads and bridges. However, to my knowledge the pending legislation would not guarantee that any new Road Use Tax Fund revenues from gasoline taxes or vehicle fees be spent on repairing torn-up roads or structurally deficient bridges. Unless “fix it first” language or a change to the funding formula is added to the bill, the lion’s share of additional revenues from a gas tax hike could go toward building new roads or new lanes on existing roads, such as U.S. Highway 20 in northwest Iowa or any number of local “economic development” projects. If crumbling roads and bridges are used to justify a gas tax hike, lawmakers should stipulate that most of the new money raised would go toward existing infrastructure rather than new roads and lanes, which only increase future maintenance costs.  

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Who's who in the Iowa House for 2015

The Iowa House will begin its 2015 session on January 12 with 57 Republicans and 43 Democrats (assuming a Republican wins the January 6 special election in House district 4). Depending on who wins that special election, the 100 state representatives will include either 27 or 28 women, and either 72 or 73 men.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted changes since the previous legislative session.

Some non-political trivia: two of the three state representatives with the surname Olson retired this year, as did one of the two Iowa House members named Smith. There are still two Millers and two Taylors in the legislature’s lower chamber, one from each party. As for first names, the new cohort contains five six Davids (four go by Dave), four Roberts (two Robs, one Bob, and a Bobby), four Marys (one goes by Mary Ann), three four Johns, and three Brians. There are two Lindas, two Elizabeths (a Beth and a Liz), and two men each named Dan, Mark, Greg, Chuck, Bruce, Todd, and Chris.

2015 UPDATE: Added below information for John Kooiker, who won the House district 4 special election, and David Sieck, who won the House district 23 special election.  

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Fewer women will serve in the Iowa Senate, more in Iowa House

For the past two years, ten women have served in the Iowa Senate (20 percent of the chamber’s membership). That number will fall to seven or eight by the time the newly-elected legislature begins its 2015 session.

However, the number of women who will serve in the Iowa House will grow from 25 to 27 for the next two years. Follow me after the jump for details and a full list of Democratic and Republican women who will serve in the newly-elected Iowa legislature.

Following up on prospects for increasing racial and ethnic diversity in the Iowa legislature, all five African-American state representatives were re-elected to the Iowa House this week: Helen Miller (House district 9), Ruth Ann Gaines (House district 32), Ako Abdul-Samad (House district 35), Deborah Berry (House district 62), and Phyllis Thede (House district 93). Neither party nominated any African-American candidates for the Iowa Senate, which remains all-white.  

Iowans have yet to elect a Latino candidate to the state legislature. Democrats nominated Karyn Finn in House district 60 and Maria Bribriesco in Senate district 47, but both lost to Republican incumbents on Tuesday.

As has been the case since Swati Dandekar left the Iowa Senate in 2011, the Iowa legislature includes no Asian-American lawmakers. Neither party nominated any Asian-American candidates in 2014.

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Republicans left Iowa House seats uncontested in nearly every battleground Iowa Senate district

The filing period for general-election candidates closed on August 15. You can view the full candidate list for federal and state offices on the Iowa Secretary of State’s website. John Deeth briefly reviews all 100 House races here. Next month, I’ll be posting on the most competitive Iowa House races.

For today, I’m interested in what appears to be a pattern of Republicans letting Iowa House seats go in battleground Iowa Senate districts. I suspect a strategy is in play to depress GOTV in the more Democratic halves of these districts.  

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Prospects for increasing diversity in the Iowa legislature

Forty men and ten women currently serve in the Iowa Senate. No senators are African-American, Latino, or Asian-American.

Seventy-five men and 25 women currently serve in the Iowa House. Five state representatives are African-American and none are Latino or Asian-American.

Time for a look at how those numbers might change after the November election, now that primaries have determined the major-party nominees in all state legislative districts. Click here for the June 3 unofficial election results and here for the full list of candidates who filed to run in the primaries.

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Iowa House rejects broadband access bill

When bills come to the floor of the Iowa House or Senate, the outcome of the vote is typically a foregone conclusion. Leaders rarely call up bills that don’t have the votes to pass. But in “the most surprising vote of the day, if not this year’s session,” Iowa House members on Friday rejected House File 2472, a bill designed to expand broadband access in small-town and rural Iowa. The initiative was among Governor Terry Branstad’s legislative priorities this year. While the goal is uncontroversial, especially in communities where people are stuck with dialup internet, lawmakers disagreed on how to accomplish the task.

The House Journal for April 25 includes details from the floor debate, including roll calls on two Democratic amendments that failed to pass on party-line votes. One of them was a “strike” amendment replacing the entire content of House File 2472 with stronger incentives favored by House Democrats. After the routine business of rejecting minority party amendments, a vote was called on final passage. But only 42 Republicans voted yes, joined by just two Democrats. I’ve posted a list of yes and no votes after the jump. House Minority Leader Mark Smith said Democrats opposed the bill because it “does not go far enough in expanding broadband access to more homes and small businesses.” The Republicans who voted no may have been put off by the size of the tax breaks or the lack of accountability. State Representative Guy Vander Linden told Radio Iowa, “We don’t say they need to meet any requirements in terms of our capacity, speed – anything. All we say is: ‘If you will put broadband infrastructure in place in any unserved or underserved area…we’ll give you all these benefits.’ That, to me, sounds like a blank check that I’m not willing to sign up to.”

House Majority Leader Linda Upmeyer has already filed a motion to reconsider the vote on this bill, so leaders may believe they can find the votes they need through friendly persuasion or arm-twisting. (She was one of the “no” votes, presumably to preserve her ability to file the bill again after realizing it would not pass.) Two Republicans (Clel Baudler and Ron Jorgensen) were absent from Friday’s vote. Assuming they support the broadband bill and Upmeyer changes her vote, House leaders would need to persuade four more Republicans or Democrats.

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Iowa legislature's quick fix to sexual exploitation statute may need to be fixed

In just two days, both the Iowa House and Senate unanimously approved a bill drafted in response to a recent Iowa Supreme Court ruling. A majority of justices overturned the conviction of an assistant high school basketball coach who had engaged in a consensual sexual relationship with a student, on the grounds that he didn’t meet the definition of a “school employee” under Iowa’s sexual exploitation statute. House File 2474 closes that loophole, but unfortunately, State Representative Mary Wolfe identified a drafting problem that could criminalize behavior many people would not consider sexual exploitation.

Wolfe is a criminal defense attorney by trade and gave me permission to reproduce part of her blog post below. But you should head over to her Iowa House Happenings blog and read the whole thing. Click here to read the full text of the April 11 Iowa Supreme Court ruling and dissent.

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Weekend open thread: Infamous crimes and aggravated misdemeanors

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread.

Ned Chiodo’s challenge to Tony Bisignano’s eligibility to run for Iowa Senate district 17 has brought new attention to some legal confusion over which crimes can cause Iowans to lose their voting rights. The Iowa Constitution does not specify which “infamous crimes” should disqualify citizens from voting or holding public office. Chiodo’s attorney cites case law from the Iowa Supreme Court suggesting that aggravated misdemeanors as well as felonies can be considered “infamous crimes.” Yet a law passed in 1994 defined “infamous crimes” as state or federal felonies.

State Representative Mary Wolfe, an Iowa House Democrat who is also a criminal defense attorney, just reposted a piece she wrote in 2012, explaining why aggravated misdemeanor convictions do not disqualify voters. (I recommend clicking through to read her whole analysis.) Wolfe notes with dismay the “complete and total disconnect between Iowa’s Governor and Secretary of State on such a straightforward, yes or no issue.” Secretary of State Matt Schultz’s website correctly indicates that convicted felons whose rights have not been restored may not register to vote. However, Governor Terry Branstad’s website states that “infamous crimes” may include aggravated misdemeanors and any crime that “may be punishable” by more than one year in prison. That could include a long list of offenses, including the second Operating While Intoxicated charge to which Bisignano pled guilty earlier this year.

At this writing, Branstad’s website still contains that misinformation about some aggravated misdemeanors leading to the loss of voting rights, even though Branstad himself signed the 1994 law defining “infamous crimes” as felonies. Speaking to reporters a few weeks ago in defense of his policy permanently disenfranchising all but a handful of ex-felons, the governor equated “infamous crimes” with felonies.

Because Chiodo plans to take his case to court, a Polk County District judge (and perhaps eventually the full Iowa Supreme Court) will settle any questions over whether Iowa’s 1994 law supersedes previous court rulings on this issue.  

58 Iowa House seats uncontested, including a dozen in competitive Senate districts

In any given general election, roughly a dozen or two of the 100 Iowa House districts are in play. A first look through the list of candidates who qualified for the primary ballot suggests that this year, fewer Iowa House districts will be competitive than in 2010 or 2012. Republicans have failed to field a candidate in 32 of the 47 Democratic-held House districts. Democrats have failed to field a candidate in 26 of the 53 Republican-held House districts.

Although a few of these districts may see major-party candidates nominated through special conventions after the primary, it’s rare for late-starting candidates to have a realistic chance to beat an incumbent. (That said, two Iowa House Democrats lost in 2010 to candidates who joined the race over the summer rather than during the primary campaign.)

After the jump I’ve enclosed a full list of the Iowa House districts left unchallenged by one of the major parties. I highlighted the most surprising recruitment failures and what looks like a pattern of uncontested House seats in Senate districts that will be targeted by both parties, which may reflect a deliberate strategy. House incumbents with no fear of losing may slack off on GOTV in one half of a Senate district where every vote may count.

A future post will focus on the ten or fifteen Iowa House races likely to be most competitive this fall.

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What could go wrong? Less training for manure spreaders edition

More than 800 manure spills have occurred on Iowa farms during the past two decades. At least 262 manure spills reached Iowa waterways between 2001 and 2011 alone, affecting the vast majority of counties.

More than half of rivers and streams in the region including Iowa are in “poor condition for aquatic life.” Manure spills are a major contributing factor to this problem, and they are happening more often. The number of recorded manure spills in Iowa grew from 46 in 2012 to 76 in 2013.

How should state government respond to this set of facts? Various policies might address the explosion in waterways officially recognized as “impaired.”  

But this is Iowa, where it’s a minor miracle to get state lawmakers to take any steps against water pollution, and agricultural interests have repeatedly moved to undermine regulations related to the handling of manure on large-scale farms.

Last week, two-thirds of Iowa House members saw fit to reduce continuing education requirements for people certified to spread liquid manure on farm fields.  

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What could go wrong? Iowa House legalizes silencers (updated)

Most gun-related bills failed to make it through in the Iowa legislature’s first “funnel” last week. The list of proposals that are dead for this year included efforts to restrict access to firearms (such as Senate File 2179 to close the gun show loophole) and several bills aimed at making guns more available: House File 384 to authorize possession of machine guns and sawed-off shotguns; House File 169/Senate File 251 to allow Iowans with permits to carry concealed weapons on school grounds; House File 172 to allow school employees to carry guns in school; and House File 2012 to allow children as young as 12 to possess handguns.

The trouble is, many incumbents don’t want to face the gun lobby’s wrath in an election year. Many lawmakers want to have something to brag about when pro-gun activists compile scorecards and endorsement lists. Such concerns prompted Iowa House and Senate leaders to revive and eventually pass a 2010 bill to make it easier for Iowans to carry concealed weapons.

I believe the same dynamic prompted Iowa House members to vote overwhelmingly yesterday to legalize firearm suppressors, better known as “silencers” popular for many decades among snipers and assassins.

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Deepest condolences to State Representative Mary Wolfe

There’s never a good way or a good time to lose a loved one, but few people experience loss as devastating as what State Representative Mary Wolfe’s family has gone through during the last week. Two of her younger sisters, Sarah and Susan Wolfe, were murdered on February 6 in their home near Pittsburgh, Pennsylvania. Authorities are calling the case a homicide but have made no arrests yet.

Wolfe’s parents, the surviving six Wolfe siblings, and many friends and loved ones laid their sisters to rest today in their home town. The Clinton Herald published a beautiful feature about Sarah’s and Suzy’s work and passions in life. Sarah was a psychiatrist, and Susan was an educator.

Carol Staudacher wrote in the book A Time To Grieve, “The death of a loved one is, for most of us, the most profound emotional experience we will ever have to endure.” Although I have experienced bereavements, I cannot imagine the added pain of losing family in such an untimely and violent way. I am sending healing thoughts to Mary Wolfe and hope that her friends and colleagues will help and support her during the difficult weeks and months to come. Staudacher also writes, “The best tribute you can make to a loved one is the life you live after the death.” For those who want to make a tangible expression of their grief, the Wolfe family has asked that memorial donations be made to either the Clinton YWCA Crisis Center or the L’Arche Community, also located in Clinton.

IA-Gov: Hatch rolls out campaign, Olson rolls out endorsements (updated)

State Senator Jack Hatch made his candidacy for governor official in Des Moines this morning, en route to campaign stops in five other Iowa cities. A few days ago, State Representative Tyler Olson sought to build momentum by revealing a long list of state lawmakers who support his gubernatorial campaign.

After the jump I’ve posted Hatch’s announcement, the full list of Iowa House and Senate Democrats backing Olson, and a few thoughts on the big question each candidate will have to answer before next June’s primary.

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Analysis of the Obama-Romney vote in the Iowa House districts

The Daily Kos Elections team has been compiling 2012 presidential election results by state legislative district as well as by Congressional district, state by state. Last week the Iowa numbers were added to the database. I took a first stab at previewing the battle for control of the Iowa Senate next year, using data including the raw vote totals and percentages for President Barack Obama and Mitt Romney in each district.

The Daily Kos database includes Obama and Romney vote totals and percentages for each Iowa House district here. After the jump I’ve incorporated that information and other factors to predict which Iowa House districts will be competitive in 2014. Writing this post has been challenging, because every election cycle brings surprises, and many more seats in the lower chamber will be in play. Unlike the Iowa Senate, where only half of the 50 members are on the ballot in each general election, all 100 Iowa House members are on ballot in every even-numbered year. Republicans currently hold a 53-47 majority in the lower chamber.

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Last-minute Iowa legislative scramble is nothing to brag about

The Iowa Senate wrapped up its work for the year shortly after midnight on May 23, and Iowa House members adjourned about 11 hours later. Lawmakers in both parties have been congratulating themselves for compromising on some big issues that ended in stalemate the previous two years. Rod Boshart compiled an excellent list of what the legislature did and didn’t approve during 2013.

We all can appreciate the desire to finish a big project before a holiday weekend, and since legislators stopped receiving per diem payments weeks ago, they understandably wanted to get out of town as quickly as possible. However, I found it disturbing that votes were held before most lawmakers, let alone members of the public, had time to digest final conference committee deals on education reform, an alternative to Medicaid expansion, property taxes, and the health and human services budget. Transparency isn’t just a buzzword. Had journalists and advocacy groups been able to look over the last-minute compromises, people might have discovered problematic language or even simple drafting errors, which could produce unintended consequences after Governor Terry Branstad signs these bills into law.

I have a lot of questions about the final education reform bill and the plan to provide health insurance to low-income Iowans, particularly those earning between 101 percent and 138 percent of the poverty level. I also need more time to sort through the budget numbers and final changes to the standings bill. After the holiday weekend Bleeding Heartland will examine the important results of the legislative session in more detail. For now, I’ve posted after the jump details on who voted for and against the major bills approved this week.

UPDATE: In the May 24 edition of the On Iowa Politics podcast, statehouse reporters Mike Wiser and James Lynch discussed how the big issues came together “behind closed doors,” with no public scrutiny or oversight. Lynch commented that to his knowledge, the conference committee named to resolve the impasse over Medicaid expansion never formally met, except perhaps for one organizational meeting. Lynch recounted one occasion when Iowa House Republican Dave Heaton was briefing journalists about the health care talks, and the journalists asked when that happened, since there hadn’t been any public notices of conference committee meetings. According to Lynch, Heaton replied, “We’re not having meetings, but we’re meeting.” Senate President Pam Jochum said that negotiations between Democratic State Senator Amanda Ragan and House Majority Leader Linda Upmeyer produced the “key to Iowa’s health care compromise.” Notably, Upmeyer didn’t have a prominent role in passing the House health insurance plan, nor was she named to the conference committee assigned to merge the House and Senate proposals.

Speaking to journalists on May 22, Senate Majority Leader Mike Gronstal and Jochum weren’t able to answer a specific question about compromise wording reached regarding Medicaid coverage of abortions. That was no minor issue–it was the last sticking point holding up approval of the health and human services budget. In effect, Gronstal told journalists, you can see the wording after the final bill is published.

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Iowa's recreational land use immunity doctrine .....

(Interesting commentary by an attorney and Iowa House member about a recent Iowa Supreme Court ruling and the bill drafted in response. - promoted by desmoinesdem)

cross-posted with permission from State Representative Mary Wolfe’s blog

There have been many questions/concerns raised by the Iowa Supreme Court’s recent ruling in Sallee v. Stewart, in which the Court was asked to interpret Iowa’s Recreational Land Use Immunity doctrine. Like most of my colleagues, I’ve read the relevant court cases and studied the applicable statutes, and I’ve reviewed House File 605, the Farm Bureau’s proposed bill intended to fix the “crisis” allegedly created by the Sallee ruling – and like many others, I’ve concluded that the actual impact of the Sallee ruling on Iowa’s recreational land use immunity doctrine is minimal, and that the Farm Bureau’s proposed legislation is an over-reaction to Sallee‘s extremely narrow holding.

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Another Iowa legislative victory for Big Ag

Factory farm advocates failed in 2009 to circumvent the Iowa DNR’s rulemaking on applying manure over frozen and snow-covered ground. Then they failed in 2010 to win passage of a bill designed to weaken Iowa’s newly-adopted regulations on manure storage and application.

But this year, the Iowa Pork Producers Association succeeded in convincing state lawmakers to relax requirements for CAFO operators to be able to store their own manure properly. All they had to do was dress up their effort as an attempt to help families with aspiring young farmers.

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IA-Sen: Most Democratic state legislators endorse Braley

Representative Bruce Braley’s campaign for U.S. Senate rolled out its largest batch of endorsements today: 71 state legislators. All 26 Iowa Senate Democrats plus 45 of the 47 Iowa House Democrats are named in the press release I’ve posted after the jump. For some reason, Iowa House Minority Leader Kevin McCarthy and former Iowa House Speaker Pat Murphy are not in this group. Murphy is running for the first Congressional district seat Braley is vacating.

Earlier this week, Braley’s campaign announced that it raised more than $1 million during the first quarter. That is a solid number, and I’ll be interested to see how the numbers break own (contributions from individuals vs PACs, for instance). Bleeding Heartland will publish a detailed roundup of Iowa Congressional fundraising after all the candidates have filed their reports with the Federal Election Commission. Those reports are due April 15.

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Iowa House votes to relax manure storage rules for CAFOs (updated)

In an ideal world, evidence that more than half of Midwest rivers and streams can’t support aquatic life would inspire policy-makers to clean up our waterways. Rivers that are suitable for swimming, fishing, and other recreation can be a huge economic engine for Iowa communities.

We live in Iowa, where most of our lawmakers take the Patty Judge view: “Iowa is an agricultural state and anyone who doesn’t like it can leave in any of four directions.”

Yesterday the Iowa House approved a bill to relax manure storage regulations for large confined animal feeding operations (CAFOs). All of the House Republicans and two-thirds of the Democrats supported this bad legislation. Details on the bill and the House vote are below.

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