# Merlin Bartz



Iowa Senate district 26 preview: Waylon Brown vs. Deb Scharper

Deb Scharper launched her campaign today in Iowa Senate 26, one of two Obama/Trump state Senate districts where no one filed to run in the June 2 Democratic primary.

While outside the top tier of Democratic pickup opportunities in the upper chamber, this district was decided by a narrow margin in 2012. Scharper’s race against first-term State Senator Waylon Brown is also worth watching for clues on whether Republicans, who now hold a 32-18 Senate majority, can maintain their advantage in the part of Iowa that swung most heavily to Donald Trump in 2016.

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10 years of marriage equality in Iowa

Ten years ago today, the Iowa Supreme Court unanimously held in Varnum v Brien that the state’s Defense of Marriage Act “violates the equal protection clause of the Iowa Constitution.”

Justice Mark Cady wrote the opinion, which cost three of his colleagues (Chief Justice Marsha Ternus, Justice David Baker, and Justice Michael Streit) their jobs in the 2010 judicial retention elections. Assigned the task of writing by random drawing, Cady “strongly believed the court should speak in one voice” on such a controversial matter, Tom Witosky and Marc Hansen wrote in their 2015 book Equal Before the Law: How Iowa Led Americans to Marriage Equality. In fact, Cady “was convinced there was no room for even a concurring opinion–an opinion in agreement with the court’s conclusion but not its reasoning.” (pp. 134-5)

Thousands of Iowans have enjoyed a better quality of life since our state became the third to give LGBTQ couples the right to marry. Lambda Legal, which filed the lawsuit on behalf of six Iowa couples, has posted a timeline of key events in the case. State Senator Zach Wahls wrote today about the Supreme Court decision’s impact on his family.

I wanted to mark this day by sharing highlights from Bleeding Heartland’s coverage of that historic event. My deepest condolences go out to the friends and relatives of former Supreme Court Justice Daryl Hecht. The Iowa Judicial Branch announced today that Hecht has died. He stepped down from the bench in December 2018 while battling melanoma. Of the seven justices who joined the Varnum opinion, only Cady, Brent Appel, and David Wiggins still serve on the high court.

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No wonder Bill Dix wanted to bury the GOP sexual harassment investigation

Less than two weeks ago, Iowa Senate Majority Leader Bill Dix led journalists to believe there was no written report from the internal investigation of sexual harassment in the Senate GOP caucus.

Senate leaders arranged to have a redacted version of that report (addressed to Dix’s attention and dated August 15) published the day after Thanksgiving, when few Iowans would be paying attention to political news.

No wonder the original plan was to keep these findings secret: they reveal ongoing problems in the workplace as well as inherent flaws of an in-house investigation.

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Iowa Senate district 26 preview: Mary Jo Wilhelm vs. Waylon Brown

After several months of recruiting efforts, Republicans finally have a candidate willing to run against two-term State Senator Mary Jo Wilhelm in Iowa Senate district 26. This race is among a half-dozen or so contests that will determine control of the upper chamber after the 2016 elections. Since Iowans elected Governor Terry Branstad and a GOP-controlled state House in 2010, the 26 to 24 Democratic majority in the state Senate has spared Iowa from various disastrous policies adopted in states like Kansas, Wisconsin, Michigan, Ohio, and Pennsylvania. Of the senators who make up that one-seat majority caucus, Wilhelm was re-elected by the narrowest margin: 126 votes out of nearly 31,000 cast in 2012.

I enclose below a map of Senate district 26, a review of its voter registration numbers and recent voting history, and background on Wilhelm and challenger Waylon Brown. Cautionary note: although Brown is the establishment’s pick here, he is not guaranteed to win the nomination. “Tea party” candidates won some upset victories in the 2012 Iowa Senate Republican primaries, notably Jane Jech against former State Senator Larry McKibben in Senate district 36 and Dennis Guth against former State Senator James Black in Senate district 4.

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Throwback Thursday: When Steve King said counties denying marriage licenses was "no solution"

I suppose it was inevitable that Representative Steve King would insert himself into the national debate over a Kentucky county clerk using her religious beliefs as an excuse not to do her job. King’s immediate reaction to the U.S. Supreme Court’s ruling on marriage equality was to urge states to “just abolish civil marriage, let’s go back to holy matrimony the way it began.” A couple of weeks later, he introduced a Congressional resolution saying states “may refuse to be bound by the holding in Obergefell v. Hodges” and “are not required to license same-sex marriage or recognize same-sex marriages performed in other states.”

This past weekend, King lit up Twitter by saying of the Rowan County clerk who was jailed for refusing to issue marriage licenses,

In 1963, we should not have honored SCOTUS decision to creat a wall of separation between prayer & school. Kim Davis for Rosa Parks Award.

On Tuesday, King doubled down in an interview with KSCJ radio in Sioux City: “Cheers for [Mike] Huckabee and [Ted] Cruz, whoever else has stepped up to defend Kim Davis. I think she deserves the Rosa Parks Award.”

Would you believe there was a time when King said calling for county officials to refuse to abide by a Supreme Court ruling on marriage equality was “no solution” in the battle to “protect marriage”?

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GOP State Representative Josh Byrnes will not run for Iowa Senate district 26

Republican State Representative Josh Byrnes will not run against Democratic State Senator Mary Jo Wilhelm in Iowa Senate district 26 next year. The Iowa House Transportation Committee chair has thrown his hat in the ring to replace Kraig Paulsen as House speaker. Regardless of how the speaker contest goes, Byrnes confirmed to Bleeding Heartland, “I am not running for Senate.”

The news will lift Democratic spirits, as Byrnes would have been the obvious GOP recruit for this competitive Senate district. Democrats hold a 26 to 24 majority in the upper chamber, and Republicans will almost certainly target Wilhelm next year.

First elected to the upper chamber in 2008, the former Howard County supervisor was the Iowa Senate incumbent re-elected by the narrowest margin in 2012. Redistricting pitted Wilhelm against GOP State Senator Merlin “Build my fence” Bartz, whom she defeated by just 126 votes in a district where Barack Obama carried 55.6 percent of the vote.

Meanwhile, Byrnes was re-elected to the Iowa House by more than 4,000 votes in 2012, even as Obama carried 55.2 percent of the vote in House district 51. Only two other Republican-held House seats went to Obama by a larger margin: House district 91 (Muscatine area) and House district 58 (Maquoketa). Byrnes easily won re-election in 2014 as well. He disagrees with his more conservative House colleagues on some high-profile issues, giving him potentially strong crossover appeal.

I haven’t heard of any other Republicans taking a close look at Senate district 26. I encourage Bleeding Heartland readers who know differently to contact me. Since December 2012, Bartz has run Representative Steve King’s district office in Mason City. I will be surprised if he runs for the Iowa Senate again.

Senate district 26 includes all of Worth, Mitchell, Floyd, Howard and Chickasaw counties, part of Cerro Gordo County (but not Mason City or Clear Lake) and part of Winneshiek County (but not Decorah). A detailed map is after the jump. According to the latest figures from the Iowa Secretary of State’s office, Senate district 26 contains 11,202 active registered Democrats, 11,101 Republicans, and 16,899 no-party voters.

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Three cheers for Iowa's county recorders

Less than a month after the U.S. Supreme Court majority struck down state-level bans on same-sex marriages, at least two county clerks in Kentucky have refused to issue marriage licenses to LGBT couples, prompting a lawsuit from the American Civil Liberties Union of Kentucky on behalf of four couples. One of the county clerks has decided to stop issuing marriage licenses to anyone in her county so that she can’t be forced to perform that service for LGBT citizens. How embarrassing. You want nothing to do with same-sex marriages? Go work for a church that doesn’t recognize them.

I’m so proud that to my knowledge, no county recorder in Iowa ever used his or her religious convictions as an excuse for not doing a secular job in a professional way.

Not for lack of trying by some social conservative activists, egged on by certain Iowa Republican lawmakers. Follow me after the jump for a walk down memory lane and a list of Iowa counties where LGBT couples have exercised their right to marry since 2009.

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Weekend open thread: New jobs for former Iowa lawmakers edition

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

Looking through Governor Terry Branstad’s latest set of appointments and nominations, I was again struck by how many former Iowa House and Senate members end up on state boards and commissions. I remember Governors Tom Vilsack and Chet Culver appointing lawmakers to high-profile jobs too, but the trend seems more pronounced under the current governor. Background and details on the new appointees are after the jump.

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Fewer Iowa Senate Republicans eager to ban same-sex marriage

Ever since I saw how few Iowa House Republicans are still co-sponsoring a state constitutional amendment on marriage, I’ve been watching and waiting for Republicans in the state Senate to introduce their version of the same legislation. Any effort to overturn marriage equality will be a dead letter in the Iowa Senate as long as Democrats maintain their majority. Nevertheless, I was curious to see how many (or few) Republican senators are still willing to stand up and be counted on this issue.

Late last week, State Senator Dennis Guth, one of the leading social conservatives in the chamber, finally introduced Senate Joint Resolution 6, “specifying marriage between one man and one woman as the only legal union that is valid or recognized in the state.” Just eleven of the 24 Republicans are co-sponsoring this amendment. That’s a significant drop from two years ago, when three-quarters of the Iowa Senate GOP caucus co-sponsored the marriage amendment.

Looking more closely at who is and is not “loud and proud” about taking rights away from LGBT couples, some patterns emerge.

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Fired Iowa Senate Republican staffer files sexual harassment lawsuit

Former Iowa Senate Republican staffer Kirsten Anderson filed a lawsuit in Polk County District Court yesterday, claiming she was subjected to “sex discrimination, sexual harassment, and retaliation in violation of the Iowa Civil Rights Act.” Anderson served as communications director for the Iowa Senate GOP caucus from February 2008 to the middle of May 2013. Bleeding Heartland covered the circumstances surrounding her firing here and here. Anderson filed a complaint with the Iowa Civil Rights Commission last year. She is suing the State of Iowa, the Iowa Senate, the Iowa Senate Republican caucus, Iowa Senate Minority Leader Bill Dix, Iowa Senate Republican senior staffer Eric Johansen, and Ed Failor, Jr., the primary advisor to Dix since shortly after Dix was chosen to lead the GOP caucus in late 2012.

William Petroski’s report for the Des Moines Register includes a link to the 20-page court filing, which can be downloaded as a pdf file. Pages 3 through 7 list many incidents supporting Anderson’s claims about a hostile work environment and sexual harassment, starting in 2010. Several current and former lawmakers are named. The lawsuit paraphrases inappropriate comments by former GOP Senators Shawn Hamerlinck and Merlin Bartz. Senator Tim Kapucian is said to have laughed at an unnamed senior analyst’s inappropriate comments about a “loose” female Democratic senator. Senators Joni Ernst and Sandy Greiner allegedly “did and said nothing” after witnessing “sexual innuendo and inappropriate behavior exhibited by their male colleagues.” Ernst denied that charge in a written statement, which I’ve enclosed after the jump. She suggested Anderson was perhaps “being exploited ahead of the election.”

Speaking to the Des Moines Register, Anderson’s attorney Mike Carroll

denied any political motivation behind the timing of the lawsuit. He said that before a lawsuit could be filed, his client had to file a complaint with the Iowa Civil Rights Commission. The complaint was filed last year. The commission issued a letter in July giving Anderson 90 days to file a lawsuit, and the filing deadline was set to expire Oct. 29, he said.

In her own statement, Anderson said, “As to the suggestions that I am a pawn in a political drama, that is not the case. I am standing up for my rights as an employee; a right to work in a place without inappropriate and discriminatory conduct.”

Pages 12 through 17 of the court filing include a memo Anderson handed to Johansen on the morning of May 17, 2013, suggesting that her work was being criticized because she had complained about a “sexually hostile work environment” that “no private sector workplace would tolerate.” Later the same day, in Dix’s presence, Johansen gave Anderson a choice of resigning or being fired. Pages 17 and 18 list six causes of action under the Iowa Civil Rights Act. Anderson is seeking back pay and benefits, compensatory damages, a ruling that her termination was unfair and/or discriminatory, and injunctive relief requiring (among other things) new training procedures for Iowa Senate staffers.

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Five Iowa Senate races to watch in 2014

It’s the time of year for blog posts about notable candidates and upcoming elections. Every politically engaged Iowan knows already that 2014 will be an unusually exciting year. We haven’t seen an open U.S. Senate race since 1974. The last time Iowa’s first Congressional district was open was in 2006. The last time Iowa’s third Congressional district was open was in 2002, but it wasn’t a wide open seat, since incumbent Representative Leonard Boswell moved into Polk County to run. Amazingly, 1940 was the “last time there was a Congressional race in Polk County without an incumbent seeking re-election.” All of Iowa’s statewide elected officials are up for re-election as well this year, and the secretary of state’s position may become open if Matt Schultz decides to go for the Republican nomination in IA-03.

Since Bleeding Heartland readers already know about the big Iowa races to watch, I want to focus today and tomorrow on the elections that are likely to determine control of the Iowa House and Senate in 2015 and 2016.  

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Timothy Junker first GOP challenger against Amanda Ragan in Iowa Senate district 27

Three-term Democratic State Senator Amanda Ragan has her first declared challenger, as Timothy Junker announced yesterday that he will seek the Republican nomination in Iowa Senate district 27.

Ragan’s race is one of a handful of contests that will likely determine control of the Iowa Senate after 2014. As of December 2013, Senate district 27 contained 11,997 registered Democrats, 13,396 Republicans, and 17,747 no-party voters according to the Iowa Secretary of State’s office. I’ve posted a district map after the jump. It covers Franklin County, part of Butler County, and most of Cerro Gordo County, including the population center of Mason City.

Junker is from Butler County and served six terms as the elected county sheriff before President George W. Bush appointed him U.S. Marshal for the Northern District of Iowa in 2006. Since leaving that position in 2010, “Junker has been selling real estate for Schuck Realty Co., served on the Allison City Council and Allison Tree Board, and is an active member of Trinity Reformed Church, Allison Am Vets and the Am Vets/Legion Drill Team.” He has been exploring this candidacy for some time and held a meet and greet with Franklin County Republicans earlier this month.

I’ve heard rumors of several other Republicans considering this race. This fall, some Mason City residents received telephone polls asking whether they would support former Mayor Bill Schickel or Ragan for the Senate seat. Other possible candidates include former Mason City Mayor Roger Bang and former State Senator Merlin “build my fence” Bartz, who runs Representative Steve King’s Mason City office. Bartz would have to move from his Worth County farm to run against Ragan, though. Cerro Gordo County GOP Chair Gabe Haugland was on my radar because he considered running for the Iowa House during the last election cycle. But he told me today that he is “99 percent sure” he is not running in Senate district 27.  

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Health insurance compromise will be key issue in Iowa Senate district 27 (updated)

Many questions remain to be answered about Iowa’s new plan to provide health insurance to low-income citizens, but this much is clear: resolving the impasse over Medicaid expansion will be a major theme in State Senator Amanda Ragan’s re-election campaign next year.

Follow me after the jump for background on Ragan and more details about Iowa Senate district 27, sure to be targeted by both parties in 2014.  

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First look at the potential Republican field in IA-01

No Republicans have announced firm plans to run for the open seat in Iowa’s first Congressional district, but several people are definitely or rumored to be considering the race.

To evaluate who is best poised to win this Democratic-leaning district, it’s helpful to look at where the votes are in a Republican primary as well as in a general election. After the jump I’ve posted a district map, the latest voter registration numbers for the 20 counties in IA-01, and a brief take on some of the possible Republican candidates.  

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Democrats have failed to convey the importance of the Iowa Senate

On one level, yesterday’s special election in Iowa Senate district 22 was no surprise. One would expect a Republican victory in a district with a large GOP voter registration advantage, where Republicans spent far more money and only the Republican candidate ran television commercials.

On the other hand, the special election loss is a big red flag that Iowa Democrats have failed to communicate how crucial it is to hold their narrow Senate majority.

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Huge day for marriage equality in Iowa

Supporters of LGBT equality are celebrating yesterday’s votes for same-sex marriage rights in Maine, Maryland, and Washington, as well as Minnesotans rejecting a constitutional amendment designed to restrict marriage rights to heterosexuals.

The election also slammed the door on any prospect of overturning marriage equality in Iowa.

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Democratic and Republican party spending in the Iowa Senate races

Candidates for the Iowa legislature were required to submit campaign finance disclosure reports on October 19 and November 2. The Schedule E forms on “In-Kind Contributions” contained the most interesting numbers, because they showed how Democratic and Republican party leaders are allocating resources across the battleground districts.

After the jump I’ve enclosed in-kind contribution figures for the Senate districts expected to be in play tomorrow. Candidates running in other Senate races did not report large in-kind contributions from their respective parties.

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Vander Plaats group on radio in two races, conspicuously absent in one

Three-time candidate for Iowa governor Bob Vander Plaats has made news this fall primarily on the “No Wiggins” campaign trail. However, the social conservative group he runs is supporting some Republican Iowa Senate candidates as well.

Last week the FAMiLY Leader launched radio advertising campaigns in two competitive Senate races–but notably, not in the district where Vander Plaats’ longtime right-hand man Matt Reisetter is running.  

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Hello Dolly! The War on Women, Iowa Edition

(Great post. Iowa Senate District 26 is one of the tossup races that will determine control of the Senate for the next two years. - promoted by desmoinesdem)

Merlin Bartz is an Iowa State Senator who carries around an unusual picture of his opponent, State Senator Mary Jo Wilhelm.  The photo is a life-size legless paper doll. At public events he sets his creepy companion in a chair next to him.  If Senator Wilhelm arrives at the event, she has to move it so she can sit down.
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What message do you think this sends to Iowans? To women? To Senator Wilhelm?

There is more below the fold.

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Weekend open thread: Iowa state legislative race edition

What’s on your mind this weekend, Bleeding Heartland readers? A bunch of posts on Iowa House and Senate races are in the works for the next couple of weeks. Several Democratic candidates for the Iowa House have been targeted by push-polls similar to the one I received attacking Susan Judkins in House district 43. Direct mail pieces are resurrecting some of the dishonest Republican talking points of the 2010 campaign, including non-existent “heated sidewalks” allegedly funded with state money, fancy flowerpots and “bus service for lobbyists.”

Democratic Legislative Campaign Committee strategists included three Iowa Senate races in the new list of 50 essential state legislative races around the country. Those are Senate district 26, where Democratic incumbent Mary Jo Wilhelm faces Republican incumbent Merlin “build my fence” Bartz, Senate district 46, pitting Republican incumbent Shawn “Go Home” Hamerlinck against challenger Chris Brase, and Senate district 49, an open seat pitting almost-elected 2010 GOP candidate Andrew Naeve against longtime teacher and planning and zoning commissioner Rita Hart on the Democratic side.

Iowa Senate Majority Leader Mike Gronstal, who is working hard to preserve his 26-24 edge in the chamber, has chaired the Democratic Legislative Campaign Committee since 2007. Republicans failed to recruit a strong candidate against Gronstal in the new Senate district 8, covering Council Bluffs and Carter Lake.

This is an open thread. If you’ve noticed any interesting direct mail, phone calls, radio or television commercials supporting or attacking Iowa House and Senate candidates, please post a comment here, put up your own diary, or send a message to desmoinesdem AT yahoo.com. Most of the candidates are not uploading their campaign advertising to YouTube. Remember not to hang up the phone when you get calls targeting your local state legislative candidates. Instead, take detailed notes if you can, and don’t be afraid to ask the caller to repeat the questions.

UPDATE: Minneapolis Mayor RT Rybak and Democratic Representative Dave Loebsack will be at today’s Reichert Oktoberfest in Muscatine supporting state Senate Candidates Brase and Tom Courtney and state House Candidates John Dabeet and Sara Sedlacek.  

First look at the Obama and Romney ground games in Iowa

At this time four years ago, Barack Obama’s campaign had about 30 field offices up and running in Iowa, compared to six offices for Republican presidential candidate John McCain.

Obama’s campaign has had eight Iowa field offices open this summer and is rolling out another 26 offices around Iowa this weekend. So far, Mitt Romney’s campaign has ten Iowa field offices, in addition to the unified Republican headquarters in Urbandale.

After the jump, I compare the field office locations for each presidential campaign, grouped by Iowa Congressional district. Where relevant, I’ve also noted competitive Iowa House and Senate districts near the Obama and Romney field offices, although I doubt either presidential campaign will do much for down-ticket Democratic or Republican candidates.

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Weekend open thread: Candidate filing deadline edition

I’m posting the weekend thread early, because the filing period for primary election candidates in Iowa closed this afternoon. The Secretary of State’s Office posted the full list of candidates here (pdf). John Deeth has been covering the filing on a daily basis all month at his blog. Some highlights from races I’m watching are after the jump.

This is an open thread; all topics welcome.

UPDATE: Gotta agree with Senator Chuck Grassley: the History Channel is useless.

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Bartz confirms re-election bid in Iowa Senate district 26

Republican State Senator Merlin Bartz confirmed this week that he will run for re-election in the new Iowa Senate district 26. His race against Democratic incumbent Mary Jo Wilhelm is probably a must-win for Senate Democrats in order to preserve their majority. After the jump I’ve posted a district map. Bleeding Heartland previewed the Bartz/Wilhelm matchup here.

Bartz has given Iowa progressives plenty of reasons to want him gone, from encouraging county recorders to ignore a Supreme Court ruling to trying to block the most significant water quality regulations of the last decade. Bartz’s record is so bad that even learning he “has performed for over 35 years in north and northeast Iowa with various dance bands” didn’t give me any sympathy for the guy. Democrats who live within striking distance of Worth, Mitchell, Floyd, Howard, Chickasaw, Cerro Gordo, or Winneshiek counties have a golden volunteer opportunity here.

P.S. to the Des Moines Register’s editorial staff: that last link was to William Petroski’s blog post. I liked the dance band detail. When you read something interesting on a blog, it won’t kill you to link to it. I mention this because your January 15 comment on Bartz’s crusade against “obsolete” laws reads a lot like Bleeding Heartland’s post from January 10.  

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Merlin "Build my fence" Bartz taking on obsolete laws

Republican State Senator Merlin Bartz set the bar high for irony on the opening day of the 2012 legislative session. Bartz sought publicity for a bill he has introduced to remove “frivolous, obsolete, and redundant mandates” from the Iowa Code.

On the one hand, that’s a worthwhile effort for the ranking member of the Iowa Senate Local Government Committee. On the other hand, a guy who’s using a 19th-century law to force neighbors to pay for half of his new fence might not be the best standard-bearer for this cause.

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The 10 biggest Iowa political blunders of 2011

Let’s review the most boneheaded moves from the year in Iowa politics.

This thread is not about wrongheaded policy choices. It may be stupid to cut early childhood education programs, kneecap the state Environmental Protection Commission, or pass an “ag gag” bill that would never survive a court challenge. Yet all of those actions carry potential political benefits, since they appeal to well-funded interest groups or a large group of voters.

My top ten list of Iowa politicians’ mistakes is after the jump.

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Iowa caucus poll and endorsement news roundup

Six days before the Iowa caucuses, no Republican candidate has a clear lead, social conservatives remain scattered among several contenders, and new television commercials are launched on almost a daily basis. Numbers from the two latest opinion polls and news from the campaign trail are after the jump, along with some commercials currently showing on Iowa tv screens.

UPDATE: Added numbers from a new CNN poll and the latest Ron Paul tv ad.

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Who's who in the Iowa Senate for 2012

The November special election in Iowa Senate district 18 confirmed that Democrats will maintain a 26 to 24 majority in the upper chamber during the legislature’s 2012 session, set to begin on January 9.

Senate Democrats and Republicans recently announced updated committee assignments. Majority and minority leadership teams are after the jump, along with all members of standing committees. I’ve also noted which senators are up for re-election in 2012 and which are retiring next year.

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Iowa Senate district 26 preview: Mary Jo Wilhelm vs Merlin Bartz

Only one Iowa Senate race in 2012 will pit Republican and Democratic incumbents against each other. First-term Democrat Mary Jo Wilhelm confirmed this week that she will seek re-election in the new Senate district 26. Her likely opponent is four-term Republican Senator Merlin Bartz. Follow me after the jump for a district map and first take on this matchup.

As a bonus, this post also covers the strangest failure to do basic damage control I’ve seen from a political veteran.  

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McKinley resigning as Iowa Senate Republican leader, won't run in 2012

Iowa Senate Minority Leader Paul McKinley announced yesterday that he will not seek re-election in 2012 and will step down as leader of his party’s caucus when Senate Republicans meet in Des Moines on November 10. After the jump I’ve posted background on the drive to oust McKinley and thoughts about which Senate Republican will take his place next week.

McKinley’s retirement leaves Republicans without an obvious candidate in the new Senate district 14, which should be competitive in 2012. A map of this swing district is also below.

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Legislative panel delays lead ammo ban for dove hunting

The Iowa legislature’s Administrative Rules Review Committee lived up to its unofficial nickname today: “Where good rules go to die.” Nine of the ten lawmakers on the panel voted to delay a proposed ban on lead shot for dove hunting until after next year’s legislative session. It’s a safe bet that before then, legislators will pass a bill allowing hunters to use any kind of ammunition to kill doves.

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Iowa Senate passes abortion clinic bill on party-line vote

On a party-line 26 to 23 vote, the Iowa Senate today approved a bill to restrict the locations of clinics where abortions are performed after 20 weeks gestation. Senators also rejected an attempt to bring up a broader ban on abortions after 20 weeks.

Follow me after the jump for background and details on the Senate debate, including the various amendments Republicans offered.

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Upmeyer to be first woman Iowa House majority leader

Today the Iowa House Republican caucus elected Kraig Paulsen to be incoming House speaker and Linda Upmeyer to be majority leader. The vote was no surprise, since Paulsen and Upmeyer were the top House Republicans during the previous two sessions. It’s still a historic achievement for Upmeyer; no other woman has ever served as Iowa House majority leader. James Q. Lynch wrote a nice profile of Upmeyer here. I didn’t know her late father was Del Stromer, who served in the Iowa House for 23 years, rising to the position of speaker. Upmeyer will be the “gatekeeper” who decides which bills come to a floor vote in the House.

The rest of the House GOP leadership team includes Jeff Kaufmann as speaker pro tem, Erik Helland as majority whip, and four majority assistant leaders: Matt Windschitl, Renee Schulte, Dave Deyoe and Steve Lukan. There was some speculation last year that Helland’s drunk driving arrest might cost him his leadership spot in the GOP caucus.

Republicans are likely to hold a 60-40 majority in the House next year, unless recounts change the outcome of one or more close races this week.

UPDATE: Iowa Senate Republicans re-elected Paul McKinley as their leader Monday. The Senate Republican whip will be Steve Kettering, and there will be five assistant minority leaders: Merlin Bartz, Brad Zaun, Pat Ward, David Johnson and Tim Kapucian. Johnson and Bartz have been the most visible Senate Republicans in the battle to overturn marriage equality in Iowa.

Republicans are likely to hold 24 of the 50 seats in the upper chamber, unless a recount overturns Mark Chelgren’s 13-vote lead over Democrat Keith Kreiman in district 47.  

Good news for Iowa water quality (for once)

State legislators have allowed clean water “anti-degradation” rules to stand, a step toward filling a significant hole in Iowa’s water quality regulations. A last-ditch effort by Republicans failed to win enough votes on the Iowa legislature’s Administrative Rules Review Committee (ARRC) to set aside rules adopted by the Iowa Department of Natural Resources.

I’ve joked that the ARRC’s unofficial motto is “Where good rules go to die,” because on several occasions the committee has rejected rules oriented toward environmental protection. Today Republican Senator Merlin Bartz tried to keep that tradition going with a motion to object to the new water quality rules. However, only Bartz’s three fellow Republicans on the committee (Senator James Seymour and State Representatives Dave Heaton and Linda Upmeyer) voted for rejecting the DNR’s rules. The six Democrats on the ARRC (Senators Wally Horn, Jack Kibbie and Tom Courtney, and State Representatives Marcella Frevert, Tyler Olson and Nathan Reichert) all voted against Bartz’s resolution.

Governor Chet Culver’s chief legal counsel, Jim Larew, spoke in favor of the rules at today’s ARRC hearing, saying they would help Iowa reverse the trend of declining water quality. Unfortunately, we’ve got a long way to go on this front. Further regulation of pollution is warranted, but the political will to accomplish that is currently absent in the state legislature.

Several non-profit organizations deserve special recognition today. Without their efforts, the DNR might not have moved forward to adopt the anti-degradation rules, as required by the Clean Water Act. The Iowa Environmental Council issued a release today with more background and details about the anti-degradation rules. Excerpt:

With the passage of the federal Clean Water Act in 1972 states were required to enact Antidegradation rules to prevent the further pollution of lakes, rivers and streams in the nation by 1985.  Iowa adopted rules but the U.S. Environmental Protection Agency informed Iowa that its rules violated federal law as early as 1997.  

Repeated delays in rewriting the rules led a coalition of environmental organizations – Iowa Environmental Council, Hawkeye Fly Fishing Association, the Iowa Chapter of the Sierra Club and the Environmental Law & Policy Center – to file a Petition for Rulemaking with the Iowa Department of Natural Resources in 2007 requesting that the State act immediately to adopt antidegradation implementation rules.  This action initiated a rule-making process that included several opportunities for public comment and a hearing before the Iowa Environmental Protection Commission, which approved the revised rules in December of last year. Monday’s meeting of the legislative Administrative Rules and Review Committee marked the final step in the decades-long process.

The full text of the press release is after the jump.

Thanks again to the Iowa Environmental Council, the Hawkeye Fly Fishing Association, the Sierra Club Iowa chapter, and the Environmental Law and Policy Center.

UPDATE: I’ve added the press release from the Sierra Club’s Iowa chapter after the jump.

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Year in review: Iowa politics in 2009 (part 1)

I expected 2009 to be a relatively quiet year in Iowa politics, but was I ever wrong.

The governor’s race heated up, state revenues melted down, key bills lived and died during the legislative session, and the Iowa Supreme Court’s unanimous ruling in Varnum v Brien became one of this state’s major events of the decade.

After the jump I’ve posted links to Bleeding Heartland’s coverage of Iowa politics from January through June 2009. Any comments about the year that passed are welcome in this thread.

Although I wrote a lot of posts last year, there were many important stories I didn’t manage to cover. I recommend reading Iowa Independent’s compilation of “Iowa’s most overlooked and under reported stories of 2009,” as well as that blog’s review of “stories that will continue to impact Iowa in 2010.”

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McKinley stops pretending to run for governor

Paul McKinley dropped out of the governor’s race today to focus on next year’s Iowa Senate elections. His move made sense, because the Iowa Senate Republican caucus has never been smaller than the current 18 members. With 19 Senate Democrats and only 6 Republicans up for re-election in 2010, the GOP is almost bound to make some gains.

My question is, why did McKinley wait so long to make this announcement? Although he promised in July to “aggressively explore” a gubernatorial campaign, McKinley failed to turn up in most places you’d expect to find potential Republican candidates. In fact, Craig Robinson wrote last month,

McKinley’s indecisiveness since announcing his gubernatorial campaign hasn’t just sunk any aspirations he may have for higher office in the future, but it might also have impacted his effectiveness as the Senate Republicans’ chief fundraiser, recruiter, and strategist. With McKinley not devoting his full attention to his gubernatorial campaign and not having communicated his progress in advancing the Republican cause in his current position, one might question if he is the right person to lead Republicans in the State Senate.

What do you think, Bleeding Heartland readers? Will some other Senate Republican (say, Merlin Bartz) challenge McKinley’s position in the upper chamber? Or will meaningless gestures like McKinley’s “state sovereignty resolution” pacify his GOP critics?

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Pharmacy board declines to reclassify marijuana in Iowa

I missed this story earlier in the week, but caught it at the Huffington Post on Friday:

The Iowa Board of Pharmacy sidestepped a court ruling this week, which had ordered it to consider whether the state should reclassify marijuana as having medical value. […]

The effort to reclassify marijuana in Iowa is led by the American Civil Liberties Union and local medical marijuana users. […]

The pharmacy board was fully informed by assistant attorney general and counsel to the board Scott Galenbeck of its job. “Judge Novak’s ruling states,” Galenbeck read to the board, “‘The board must determine whether the evidence presented by petitioner is sufficient to support a finding that marijuana has accepted medical use in the United States and does not lack accepted safety for use in treatment under medical supervision.’ A couple sentences before that the judge stated if the board believes that evidence presented by petitioner was insufficient to support such a finding it should have stated such in its order.”

The board had previously rejected the ACLU effort. The civil liberties group appealed to the district court, setting up this week’s rematch.

Yet the Iowa board, instead of asking whether it has “accepted medical use in the United States,” asked whether Iowa should approve of it, which is not a question for the board but for the Iowa legislature.

A bill to legalize the medical use of marijuana was introduced in the Iowa Senate this year. More details about that are after the jump.

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Fallons blast "sham" hearing on ethics complaint

Last week the Iowa Senate Ethics Committee voted unanimously to dismiss Ed and Lynn Fallon’s complaint against State Senator Merlin Bartz, who used his official  website to promote this petition last month. The petition sought to pressure Iowa’s county recorders to refuse to issue marriage licenses to same-sex couples. The Fallons contended that Bartz failed to comply with the Senate Code of Ethics, which requires legislators to “encourage respect for the law.” They also questioned whether taxpayer money was used to support the website where Bartz promoted the petition drive and urged volunteers to send copies of their signature lists to the Iowa Family Policy Center.

The Senate Ethics Committee concluded after a few minutes’ discussion that Bartz was exercising his free speech rights.

On May 18, I’M for Iowa released a statement depicting the hearing as a “sham.” Contrary to the Iowa Senate Code of Ethics, the Senate Ethics Committee failed to inform the Fallons of the date and time of the hearing in advance. The committee also did not consider the specific questions raised in the Fallons’ complaint. I’ve posted I’M for Iowa’s statement after the jump.

It seems clear that two political realities derailed any serious inquiry into the complaint against Bartz. First, Bartz is an insider, and the complainants are outsiders. (Heck, Ed Fallon was an outsider even when he was serving in the state legislature.) Earlier this year, the Iowa House Ethics Committee dismissed with prejudice a complaint Iowa Citizens for Community Improvement filed against State Representative Dolores Mertz without seriously considering many of the issues raised by the group.

I would put very low odds on any ethics complaint filed by any citizen action group leading to disciplinary action against a state representative or senator. (Please correct me if you know of any counter-examples.)

Second, I suspect that Senate Democrats have no interest in making a martyr out of Bartz. Opponents of marriage equality are desperate to show that their rights are threatened by same-sex marriages. We don’t need Bartz to be purportedly “punished for speaking his mind” (even though that wasn’t the point of the Fallons’ complaint). Look what the National Organization for Marriage has done to make Miss California USA seem like a victim of “gay marriage activists”.

Bartz hasn’t prevented any same-sex marriages from taking place, but he has secured a reputation as the most aggressive defender of “traditional marriage” in the Iowa Senate Republican caucus. He has also helped the Iowa Family Policy Center generate lots of new leads for their next membership drive.

I’ll be interested to see whether Senate Republicans seek to replace their current leader, Paul McKinley, with Bartz next year. McKinley’s actions on the marriage front have been found wanting by some Iowa conservatives and anti-gay activists.

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No discipline for state senator who sought to pressure county recorders

Charlotte Eby reported at Covering Iowa Politics that the Iowa Senate Ethics Committee

voted unanimously Tuesday to dismiss an ethics complaint against a lawmaker who had encouraged county recorders to refuse to issue licenses to same-sex couples.

Sen. Merlin Bartz, R-Grafton, has been one of the most vocal critics of the Iowa Supreme Court decision legalizing same-sex marriage. On his Web site, Bartz had encouraged Iowans who also are opposed to same-sex marriage to sign petitions asking county recorders to not issue same-sex licenses.

Members of the ethics committee said Bartz was simply exercising his First Amendment rights to free speech, and voted 6-0 to reject the complaint after a short discussion.

Last month I posted the full text of the petition along with the language Bartz used to promote the drive on his official Iowa Senate website.

Ed and Lynn Fallon of I’M for Iowa filed the ethics complaint against Bartz, saying he should not have encouraged elected county officials to fail to comply with an Iowa Supreme Court ruling.

The petition drive did not succeed in blocking same-sex marriages; so far no county recorders in Iowa have refused to issue marriage licenses. On the other hand, I read that some petitions containing some 17,000 signatures were delivered to county recorders the week of April 27.

If even a fraction of the people who collected signatures followed Bartz’s instructions to send copies to Chuck Hurley’s Iowa Family Policy Center, then the drive will turn out to be a list-building bonanza for that organization.

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Fallons file ethics complaint against Bartz

Ed and Lynn Fallon filed a formal ethics complaint today against Senator Merlin Bartz, according to an e-mail I received today from I’M for Iowa. Excerpt:

On a Senate Republican website, Senator Bartz posts a link to a petition appealing to county recorders to “refuse to issue marriage licenses to same sex couples on April 27th.” Senator Bartz has also spoken publicly in support of county recorders taking this action.

In their complaint, Ed and Lynn assert, “Senator Bartz’s actions appear to violate Article III, Section 32 of the Constitution of the State of Iowa and Chapter 63.10 of the Code of Iowa. Both state that duly elected officials must solemnly swear to support the Constitution of the United States and the Constitution of the State of Iowa. Furthermore, the Senate Code of Ethics states that every legislator must ‘encourage respect for the law,’ and the Senator’s actions appear to violate this provision.”

The complaint further states: “We have not been able to ascertain whether taxpayer money was used in the development and maintenance of the website that Senator Bartz used to promote the petition (http://www.iowasenaterepublicans.org/Bartz/Bartz.htm), but if such is the case, this suggests a misuse of taxpayer money by an elected official to promote breaking the law. We call attention to the fact that the website in question also lists Republican Caucus staff members, who are entirely funded at taxpayer expense.”

“Let me be clear that this is not personal,” said Ed Fallon. “When we served in the Legislature, Senator Bartz and I worked on several issues together. I continue to have great respect for him and find him to be intelligent and a man of integrity. This complaint is in no way intended to cast dispersions, merely to state that, in this instance, Senator Bartz’s actions appear to constitute a breach of the Senate’s ethical standards.”

I posted about this disgraceful petition drive on Tuesday. Radio Iowa posted Bartz’s response:

“I have read the formal complaint filed by Ed Fallon and find it without merit.  According to procedures set forth by Senate Rules I will submit a formal response to the Senate Ethics Committee within the next ten days.  I fully expect the Committee to dismiss this complaint, thus continuing the tradition of free speech on the floor of the Iowa Senate.  It is important that the voices of Iowans are not silenced and a vote is held to determine what constitutes marriage.”

What do you think, Bleeding Heartland readers? Will the Senate Ethics Committee dismiss this complaint against a member of the club, or will they call Bartz out for encouraging county recorders to disregard the law? The Attorney General’s Office has made clear that recorders must comply with the Iowa Supreme Court’s ruling.

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Iowa Senate Republicans push petition drive to pressure county recorders

Iowa Senate Republicans are using their official website to push a petition drive to pressure county recorders not to issue same-sex marriage licenses.

We already knew that prominent Iowa Republicans have trouble with the concept of judicial review, but Senator Merlin Bartz, who tried last week to give county recorders the right to ignore the law, has taken it to a new level.

Senator Bartz’s page on the Iowa Senate Republicans website is promoting a petition being circulated by Chuck Hurley’s Iowa Family Policy Center.

The disgraceful details are after the jump.

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Catch-up thread on gay marriage in Iowa

While writing about lots of other topics during the past week I got behind on Iowa marriage equality news. I did some catching up after the jump.

First things first, though. If you are planning a same-sex marriage in Iowa, please note that this will become possible on April 27, not April 24 as was widely reported after the Iowa Supreme Court announced its Varnum v Brien decision. Iowa’s marriage application forms have already been changed, but the Supreme Court needs to issue an order putting its ruling into effect. Because of furloughs related to budget cuts, the court pushed back that date from April 24 to April 27.

One Iowa wants to hear from people planning same-sex marriages in Iowa. They have some helpful resources. You can also sign up to follow One Iowa on Twitter here.

More links and a few laughs are below the fold.

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Brief memo to county recorders in Iowa

No one who applies for a marriage license needs your blessing.

According to Republican State Senator Merlin Bartz, at least one of you (or perhaps several of you) may be ready to resign rather than issue marriage licenses to same-sex couples. We all can think of marriages we disapprove of, but if your moral objections to marriage equality render you unable to perform the duties of your job, by all means resign. Filling a county government position with good benefits is never a problem, especially in this economy.

Rest assured, as much as you dislike the idea of gays and lesbians getting married, people like me dislike the idea of taxpayer dollars going to someone like you.  

Don’t count on Senator Bartz to bail you out with his give-recorders-a-free-pass-to-discriminate amendment either. Senate President Jack Kibbie ruled that amendment out of order on Tuesday, and Bartz won’t succeed in getting it attached to a different bill for you. You need to either process same-sex couples’ applications for marriage licenses or find some other vocation, preferably in the private sector.

Speaking of which, Bartz seems to think that he and the disgruntled county recorders swore an oath to a different constitution than the one Iowa’s Supreme Court justices were interpreting when they unanimously struck down Iowa’s Defense of Marriage Act. If Bartz doesn’t understand the concepts of checks and balances or judicial review, then like many of his fellow Republicans, he’s not well suited for a political career.  

Wanted: Republicans who understand judicial review

Is there any way to arrange a remedial civics class for prominent Iowa Republicans? Here’s Bob Vander Plaats on Monday:

“If I have the opportunity to serve as your next governor,” Bob Vander Plaats told a crowd of about 350 people at a rally, “and if no leadership has been taken to that point, on my first day of office I will issue an executive order that puts a stay on same-sex marriages until the people of Iowa vote, and when we vote we can affirm and amend the Constitution.”

Another highlight from the same rally:

Co-founder of Everyday America, Bill Salier, told the crowd that state lawmakers need to thank the Supreme Court justices for their opinion but say it’s merely opinion and the law is still on the books.

Salier said: “(Lawmakers) can face down the court and say, ‘We passed DOMA, the Defense of Marriage Act. You claim that it is stricken. And yet unless some magic eraser came down from the sky, it’s still in code.'”

Then there’s Republican State Representative Chris Rants, who is trying to amend the tax reform bill so that marriage would be defined as between a man and a woman. Rants failed last week to replace a huge health care bill with an amendment to ban same-sex marriage.

Meanwhile, Republican State Senator Merlin Bartz is pushing an amendment that would allow county recorders not to issue marriage licenses.

This daughter of a Rockefeller Republican is shaking her head and has a few more things to say after the jump.

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