# Tom Miller



Iowa AG halted Plan B, abortion payments for sexual assault victims

The Iowa Attorney General’s office is not currently covering the cost of emergency contraception or abortions for Iowans who are victims of rape or sexual assault, Natalie Krebs reported for Iowa Public Radio on April 7.

Iowa law requires the state’s victim compensation fund to pay for a sexual assault victim’s medical examination “for the purpose of gathering evidence,” as well as any treatment “for the purpose of preventing venereal disease.” Under longtime Attorney General Tom Miller, that fund also covered the cost of abortion services or Plan B, medication that prevents ovulation and therefore pregnancy if administered soon enough following unprotected sex.

In a statement provided to Iowa Public Radio, spokesperson Alyssa Brouillet said Attorney General Brenna Bird “is carefully evaluating whether this is an appropriate use of public funds” as part of a broader review of victim assistance programs. Payment of “pending claims will be delayed” until Bird completes her review.

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Iowa House votes to protect speech from frivolous lawsuits

UPDATE: Although an Iowa Senate Judiciary subcommittee recommended passage of this bill, the full Judiciary Committee did not take it up before the legislature’s second “funnel” deadline on March 31. That means the bill won’t advance this year. Original post follows.

Iowa House members voted overwhelmingly on February 9 to make it easier to counter lawsuits filed in order to chill speech.

House File 177 would create a path for expedited dismissal of meritless claims stemming from exercise of the constitutionally-protected “right of freedom of speech or of the press, the right to assemble or petition, or the right of association […] on a matter of public concern.” Such cases are sometimes called “strategic lawsuits against public participation” (SLAPP), because the plaintiffs’ goal may be primarily to discourage speech or media coverage, rather than to prevail in court.

The Republican floor manager, State Representative Steven Holt, said passing an anti-SLAPP law became a priority for him after the Carroll Times Herald was sued over coverage of a local police officer who had relationships with teenage girls. Holt noted that even though the libel lawsuit was not successful, the newspaper “was left with over $100,000 in debt and nearly went out of business.”

Holt said the bill was about “protecting our small-town newspapers and media outlets.” Democratic State Representative Megan Srinivas also spoke in favor of the bill, saying it was critical to protect journalists, especially those working in small communities.

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Governor's plan would gut independence of Iowa Consumer Advocate

First in a series analyzing Governor Kim Reynolds’ plan to restructure state government.

Attorney General Brenna Bird would gain direct control over the office charged with representing Iowa consumers on issues related to utilities, under Governor Kim Reynolds’ proposed restructuring of state government.

House Study Bill 126, which lays out the governor’s plan over more than 1,500 pages, contains several provisions undermining the independence of the Office of Consumer Advocate. Iowa House State Government Committee chair Jane Bloomingdale introduced the legislation on February 1.

The Office of Consumer Advocate’s mission is to represent consumers on issues relating to gas and electric utilities and telecommunications services, “with the goal of maintaining safe, reliable, reasonably-priced, and nondiscriminatory utility services.” Much of the office’s work involves matters before the Iowa Utilities Board, which regulates the state’s investor-owned utilities, Alliant Energy and MidAmerican Energy.

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Rita Hart has her work cut out for her

Seventh in a series interpreting the results of Iowa’s 2022 state and federal elections.

The Iowa Democratic Party’s State Central Committee elected Rita Hart as the next party chair on January 28 by 34 votes to fourteen for Brittany Ruland and one for Bob Krause.

Hart promised to focus “squarely on helping our party begin winning elections again,” and had submitted a detailed plan (enclosed in full below) to make that happen. She touted her experience as a former state senator who had won two races in a district Donald Trump carried, raised $5 million as a 2020 Congressional candidate, and outperformed Joe Biden by more than Iowa’s other three Democrats running for U.S. House that year.

When outlining her vision for Iowa Democrats, Hart acknowledged, “We cannot fix everything in one two-year cycle. We need to be realistic about what can be achieved in two-year and four-year time frames.”

She and the rest of the state party’s new leadership team—first vice chair Gregory Christensen, secretary Paula Martinez, and treasurer Samantha Groark—take over as the Iowa Democratic Party is at its lowest ebb in decades. The party has no representation in either chamber of Congress for the first time since 1956, no representation in the U.S. House for the first time since 1996, only one statewide elected official for the first time since 1982, and its smallest contingents in the Iowa House and Senate since the 1960s.

A quick review of the most pressing problems:

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Iowa Democrats can win again—and soon

Zach Meunier is the previous campaign manager of Rob Sand for Iowa, Rita Hart for Iowa, and Dave Loebsack for Congress.

Enough with the doom-and-gloom.

Campaign managers are not optimists by nature. One of my professional mentors described a campaign manager’s job as “thinking of all the ways you can lose, then working every day to stop that from happening.” So I have found myself in a very strange position in the last month, as the guy arguing that joy cometh in the morning for Iowa Democrats.

Yes, it has been a brutal decade for Iowa Democrats. 2022 was the culmination. Two historical trends that favored the GOP converged in the same year. For the first time since 1986, Republicans had an incumbent governor and U.S. senator running for re-election together, a powerful combination. For the first time since 1962, it was a midterm for a Democratic president who had not won Iowa.

Those factors contributed to a red wave cresting in Iowa when it failed to materialize in most other states. But what lies ahead?

After spending a few weeks looking under the hood of the election data we have available, I have reached one inescapable conclusion. There is a clear path for Democrats to win again in Iowa at all levels: statewide, Congressional, and legislative. In important ways, Iowa still bucks national trends of partisan voting, and the makeup of the Iowa electorate is not locked in stone.

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Did low turnout sink Iowa Democratic candidates?

Fourth in a series interpreting the results of Iowa’s 2022 state and federal elections.

Many people have asked why Iowa experienced the red wave that didn’t materialize across most of the country. While no one factor can account for the result, early signs point to turnout problems among groups that favor Democratic candidates.

Although this year’s turnout was the second-highest in absolute numbers for an Iowa midterm, participation was down about 8 percent compared to the 2018 general election. The number of Iowans who cast ballots this year (1,230,416) was closer to the 2014 level (1,142,311) than to the high-water mark of 1,334,279, reached four years ago.

My impression is that the decline in turnout was not evenly distributed, but was more pronounced among registered Democrats than among Republicans, who have long been more reliable midterm voters in Iowa.

That alone could account for the narrow defeats of U.S. Representative Cindy Axne (who lost to Zach Nunn in the third Congressional district by 2,145 votes, a margin of 50.3 percent to 49.6 percent), Attorney General Tom Miller (lost to Brenna Bird by 20,542 votes, 50.8 percent to 49.1 percent), and State Treasurer Michael Fitzgerald (lost to Roby Smith by 30,922 votes, or 51.3 percent to 48.7 percent).

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Self-governance: It could be worse. It should be better

Herb Strentz was dean of the Drake School of Journalism from 1975 to 1988 and professor there until retirement in 2004. He was executive secretary of the Iowa Freedom of Information Council from its founding in 1976 to 2000.

“It could be worse.”

At the start of 2022, friends may have uttered those four words to console or comfort us.

As the midterm elections approach, those four words may be prophetic.

Every election in a democracy —from township to presidency — is threatened by voters who are ill-informed, misinformed, and/or uninformed.

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

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

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

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

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

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

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Brenna Bird's tv ad is over the top

Bruce Lear highlights misguided messages in Republican attorney general candidate Brenna Bird’s tv ad, now airing in heavy rotation.

The old saying, “Imitation is the sincerest form of flattery,” seems true. TV executives find the formula for a hit medical show and then order five more imitators. If one Marvel movie superhero captures our imaginations, why not dig a little deeper into the comic book vault for a dozen more?

Political commercials also imitate. For example, how many right-wing politicians shooting guns can the voters watch? How many east or west coast politicians running for president do Iowans need to see dressed in flannel shirts sitting on bales of hay proclaiming their undying love for ethanol? If it worked once, consultants repeat, repeat, and repeat again.

One political imitation ad recently caught my attention. It tries to catch the vibe of Joni Ernst’s “Make ’em squeal” ad from her first U.S. Senate campaign in 2014. Shock the viewer with crude humor, but with smiles all around. After all, if it worked for a little-known state senator from Red Oak, maybe it will work for a little-known county attorney from Guthrie County.

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Governor still using public funds to promote herself at Iowa State Fair

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

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

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Governor discounts pregnant Iowans' well-being. Will Supreme Court agree?

Lawyers representing Governor Kim Reynolds have taken the first step toward reinstating a 2018 law that would ban nearly all abortions in Iowa. A Polk County District Court struck down that law in 2019, and Reynolds did not appeal the decision. A motion filed on August 11 asks the court to lift the permanent injunction, which was founded on Iowa and U.S. Supreme Court rulings that have since been reversed.

In a written statement amplified on her social media, Reynolds promised, “As long as I’m Governor, I will stand up for the sanctity of life and fight to protect the precious and innocent unborn lives.”

Left unsaid by the governor, but made clear by the legal brief her team filed: pregnant Iowans’ interests have almost no value in the eyes of the state.

Will four Iowa Supreme Court justices balance competing concerns the same way?

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Reynolds seeks legal do-over to reinstate 2018 abortion ban

Governor Kim Reynolds announced on June 28 that she will seek to lift an injunction on a 2018 law that would have banned almost all abortions in Iowa. After that law was struck down in early 2019, Reynolds opted not to appeal the decision, due to an Iowa Supreme Court precedent that is no longer operative.

The governor will also ask the Iowa Supreme Court to rehear a recently-decided abortion case, taking into account the U.S. Supreme Court’s majority opinion that overturned the Roe v Wade and Casey precedents.

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Favorite wildflowers of Iowa's 2022 Democratic ticket

For this post-primary election edition of Iowa wildflower Wednesday, I asked all of Iowa’s Democratic nominees for federal or statewide offices about their favorite wildflowers.

The candidates could choose any flowering plant. It didn’t have to be a native species or one that tends to bloom in Iowa around this time of year.

I’m presenting the wildflower choices in the same order the candidates appeared on the Iowa Secretary of State’s 2022 primary candidate list.

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Statewide candidates deserved better from Iowa Democratic Party

Democratic candidates for U.S. House, U.S Senate, and governor were given speaking time at the Iowa Democratic Party’s annual Liberty and Justice Celebration on April 30.

But the party’s three statewide elected officials and candidates for other statewide offices were relegated to pre-recorded videos. Even worse, those videos seemed designed for comic relief, rather than as a way for candidates to connect with hundreds of activists who attended the Des Moines fundraiser.

The missed opportunity was especially regrettable for Joel Miller and Eric Van Lancker, who are competing against each other in the June 7 primary for secretary of state.

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What the Supreme Court said—and didn't say—in Finkenauer case

The Iowa Supreme Court surprised many in the political and legal worlds on April 15 with a unanimous judgment reinstating U.S. Senate candidate Abby Finkenauer to the Democratic primary ballot.

Five justices resolved an apparent contradiction between two parts of Iowa’s election law by saying an incorrect or missing date is not a valid reason for not counting a signature on a candidate’s petition. They reversed a Polk County District Court, which days earlier reached the opposite conclusion: that an undated signature cannot be counted, and therefore Finkenauer did not qualify for the ballot.

Two justices concurred with the outcome of reversing the lower court but did not explain their reasoning.

The result was a big loss for Republican plaintiffs who challenged the State Objection Panel’s decision to let three disputed signatures on Finkenauer’s petitions stand. It’s also an embarrassment for Republican legislators who moved last year to limit the panel’s discretion.

By deciding this case on narrow grounds, the Iowa Supreme Court left some big legal questions to be adjudicated another election year.

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How could this happen?

During a suspenseful meeting on March 29, the State Objection Panel allowed just enough signatures to stand for U.S. Senate candidate Abby Finkenauer, Attorney General Tom Miller, and State Representative Jeff Shipley to stay on the ballot.

Finkenauer needed at least 100 valid signatures from at least nineteen counties and hit nineteen exactly, with 100 in one county and 101 in two others. The Republicans who challenged her candidacy are seeking to reverse the outcome in court.

Miller needed at least 77 signatures from at least eighteen counties, and barely made it with 78 signatures in the eighteenth county.

Shipley needed at least 50 signatures from the Iowa House district where he is seeking re-election and was left with 52.

Many Iowa politics watchers have been wondering how these experienced candidates ended up hanging by a thread.

Bleeding Heartland asked all three campaigns why they didn’t give themselves more of a cushion by collecting far beyond the minimum number of signatures. Only one candidate answered the questions.

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About those nominating petitions

Art Hackett is a Texas born and raised retired TV reporter. He worked in Dubuque in the late 1970s and spent 30 years as a magazine segment producer with Wisconsin Public Television. He moved back to Cedar Rapids in retirement to be close to grandchildren.

Let’s discuss another day the apparent manipulation of the State Objection Panel’s review process. The Republicans on the panel were rejecting signatures due to the lack of dorm room numbers on address lines, even though the Iowa Code doesn’t require them. (I live in a single family home but perhaps they will want to know if I’m sleeping in the first or second floor bedroom.)

What concerns me right now is a flock of candidates who seemed to be shooting for the bare minimum number of signatures.

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What is—and isn't—in lawsuit against panel ruling on Finkenauer

Two Republican voters filed suit on March 31 challenging the State Objection Panel’s decision to allow U.S. Senate candidate Abby Finkenauer to remain on the Democratic primary ballot.

Attorney Alan Ostergren, who has represented Republican candidates and committees in several high-profile election cases, filed the lawsuit on behalf of Kim Schmett and Leanne Pellett. They charge that the panel, comprised of Secretary of State Paul Pate, Attorney General Tom Miller, and State Auditor Rob Sand, should have disallowed signatures on Finkenauer’s nominating petitions where voters did not provide the correct date. Doing so would have brought the Democratic front-runner’s campaign below the threshold of 100 signatures in at least nineteen counties.

Sand and Miller voted to allow those signatures to stand; Pate would have sustained the objection to them.

The lawsuit also charges that Sand and Miller should have recused themselves from considering the objection to Finkenauer’s petitions. If the auditor and attorney general had recused, as Ostergren had requested during the panel’s March 29 meeting, Republican statewide officials would have replaced them on the panel, and would surely have ruled against letting Finkenauer compete for the Democratic nomination.

However, the plaintiffs did not raise another argument that Ostergren had argued at length when asking the panel to invalidate signatures on Finkenauer’s petitions, and those filed by two other candidates.

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This one neat trick saved Tom Miller's candidacy

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

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

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

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Kyle Kuehl struck from IA-01 GOP primary ballot

U.S. Representative Mariannette Miller-Meeks has a clear shot at the Republican nomination in Iowa’s new first Congressional district, after her only GOP opponent was knocked off the ballot on March 29.

The State Objection Panel, consisting of Secretary of State Paul Pate, Attorney General Tom Miller, and State Auditor Rob Sand, unanimously sustained an objection to Kyle Kuehl’s candidacy.

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Lopsided governor's race imperils whole Democratic ticket

The filing deadline for campaign finance disclosures is always an exciting day for political reporters. My plan for this week was to write a series of posts about fundraising and spending for each of Iowa’s statewide races: governor, attorney general, state treasurer, secretary of state, state auditor, and secretary of agriculture.

I shifted gears after reviewing the latest reports for Governor Kim Reynolds and Deidre DeJear, the only Democrat actively campaigning for governor.

Unless things change dramatically in the coming months, Reynolds will be able to use most of her war chest to help down-ballot Republicans.

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Update on efforts to obtain a federal cannabis exemption for Iowa

Carl Olsen is the founder of Iowans for Medical Marijuana. promoted by Laura Belin

In February 2019, I asked the Iowa Medical Cannabidiol Board, which regulates our state’s medical cannabis program, if there was anything we could be doing about federal drug law, such as obtaining a federal exemption (21 C.F.R. § 1307.03) like the one that currently exists for another federal Schedule I controlled substance, peyote (21 C.F.R. § 1307.31).

In August 2019, at my request, the board recommended that the Iowa Department of Public Health (IDPH) obtain a federal exemption for cannabis. However, the department refused, saying none of the other 46 states that have enacted medical cannabis laws have requested federal exemptions, and that Iowans were not being injured by the federal criminalization of cannabis.

Keep in mind that patients had been testifying before the board about discrimination in schools and health care facilities because of the federal criminalization of cannabis. Iowa Attorney General Tom Miller signed a September 2019 bipartisan letter from attorneys general saying the current federal policy “poses a serious threat to public safety.”

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Governor joins suit challenging limits on state tax cuts

Governor Kim Reynolds signed Iowa on to a lawsuit challenging part of the federal government’s most recent COVID-19 relief package. Thirteen states filed suit in Alabama on March 31, charging that the American Rescue Plan “impermissibly seizes tax authority from the States.” Reynolds announced the lawsuit during a March 31 appearance on WHO Radio’s program hosted by Simon Conway. The Associated Press was first to report the news.

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Best of Bleeding Heartland's original reporting in 2020

My primary goal in running this website is to provide Iowa political news and analysis that’s not available anywhere else. I’m proud of what Bleeding Heartland accomplished in 2020 and want to highlight some of the investigative reporting and accountability journalism published first or exclusively here.

A forthcoming post will review the site’s most popular pieces from 2020, which included many I worked hardest on or most enjoyed writing.

As always, I’m grateful for readers whose appetite for this kind of reporting keeps me going.

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Kim Reynolds backs effort to overturn 2020 presidential election

Governor Kim Reynolds would have joined the Texas attorney general’s lawsuit seeking to throw out the presidential election results in Pennsylvania, Wisconsin, Michigan, and Georgia, she announced on December 10. The same day, Reynolds rejected Attorney General Tom Miller’s request to sign on in support of the defendants in that case.

Reynolds said in a campaign statement, “As I have said all along, President Trump, his campaign, and supporters have every right to pursue lawful, legal action in the courts. The American people deserve a fair and transparent election.”

Meanwhile, Reynolds and other prominent Iowa Republicans continue to denounce Rita Hart for appealing the second Congressional district result to the U.S. House–a step federal law allows.

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Steve King joined effort to toss Pennsylvania election result (updated)

Outgoing U.S. Representative Steve King was one of 23 Republican members of Congress who sought unsuccessfully this week to have the U.S. Supreme Court throw out Pennsylvania’s presidential election.

King and fellow House Republicans signed an amicus curiae brief supporting U.S. Representative Mike Kelly’s effort to block certification of Pennsylvania’s 2020 election results. Kelly argued that “the state legislature’s provision of no-excuse absentee voting violated both the Pennsylvania and U.S. Constitutions.”

Iowa has long had no-excuse voting by mail, and to my knowledge, King has never suggested that system is unconstitutional. Neither King nor his Congressional staff responded to Bleeding Heartland’s inquiry about the apparent inconsistency. In the past month, King has amplified false claims of election fraud on his social media feeds.

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Auditor, AG warn Iowans about improper election conduct

State Auditor Rob Sand and Attorney General Tom Miller reminded Iowans on September 30 about state laws prohibiting the use of public property to promote candidates and attempts to intimidate or threaten voters.

Sand’s advisory was a response to an incident in the western Iowa town of Ute (Monona County). Miller’s comments did not refer to any specific event but appeared relevant to comments President Donald Trump made during the September 29 televised debate.

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What Kanye West's candidacy says about Iowa's process and Iowa Republicans

When Iowans begin voting on October 5, they will see nine tickets for president and vice president at the top of the ballot.

The most controversial campaign may be that of Kanye West, widely seen as a stalking horse for President Donald Trump and a gravy train for Republican campaign consultants. He has been knocked off the ballot in some states but survived two objections to his candidacy in Iowa last week.

West’s inclusion reflects well on Iowa’s ballot access policies but poorly on the Republican operatives who got his name in front of voters.

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State Fair meeting was affront to open government

Randy Evans is executive director of the Iowa Freedom of Information Council. He can be reached at IowaFOICouncil@gmail.com. -promoted by Laura Belin

The decision last week to cancel the Iowa State Fair was a reminder of the seriousness of coronavirus and the consequences of many people’s anxiety about returning to activities that normally are an important part of Iowa life.

But the State Fair’s decision also illuminated an embarrassing disconnect from the norms of government transparency and accountability in our state.

I have attended government meetings for 50 years — from small-town city councils and school boards, to state boards and commissions. I have never seen or heard about a more outrageous abuse of the principle of open government than the State Fair Board exhibited last week.

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Exclusive: Iowa governor denied 35 AG requests to join national cases

Governor Kim Reynolds denied 35 requests to sign Iowa on to multi-state legal actions during the first year of an unusual arrangement in which Attorney General Tom Miller ceded some of his authority.

Reynolds refused to allow the state to weigh in on lawsuits related to federal or state policies on immigration, reproductive rights, environmental regulation, consumer protection, gun safety, LGBTQ rights, and access to President Donald Trump’s personal records.

During the same time frame, the governor approved eighteen requests from Miller to join cases involving a wide range of legal matters.

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Why Bernie, Iowans? Banks!

Skip Kaltenheuser is a writer based in Washington, DC. This piece is cross-posted from DownWithTyranny. -promoted by Laura Belin

Banks, including on Wall Street, fear no one like they fear Bernie Sanders.

I’m sure they’re not keen on Elizabeth Warren, but Bernie strikes a unique terror, because banks know anyone taking them on will have to wield the bully pulpit against them like FDR did. Bernie can do that. And heading up a ticket, no one else will do as well in critical precincts in the upper midwest, Pennsylvania and elsewhere that went for Obama twice, then flipped for Trump when people chose him as the middle finger to Washington, and to Democrats like Obama’s Treasury Secretary, Timothy Geithner, who famously stated that housing policies were “foaming the runway for the banks.”

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Iowa governor's already denied ten AG requests to join national cases

Less than four months after persuading Attorney General Tom Miller to cede some of his power to her, Governor Kim Reynolds has already denied ten requests to sign Iowa on to multi-state legal actions related to federal or state policies on gun safety, immigration, environmental regulation, and reproductive or LGBTQ rights.

During the same time frame, Reynolds has approved five requests to join multi-state efforts on consumer protection, drug policy, or to help Iowa obtain a share of negotiated settlements.

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Prominent Iowa Democrats to debate non-qualifiers: Don't drop out

Four Democrats recently ended their presidential bids, after it became clear they would not qualify for tonight’s televised debate from Houston.

But more than half a dozen candidates who weren’t on stage tonight continue to actively campaign in Iowa. Several prominent Iowa Democrats are encouraging them to stay in the race and not let the Democratic National Committee narrow the field by default.

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Iowa attorney general seeking Catholic Church records on clergy abuse

“We appreciate the efforts that you have undergone to produce your list of clergy who committed abuse,” Attorney General Tom Miller wrote to the leaders of Iowa’s four Catholic Dioceses on May 31. “But we believe that in this context, a credible third-party review is warranted and will add to transparency, reconciliation, and healing.”

Miller is asking the bishops to turn over extensive records related to alleged abuse each Diocese has investigated.

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Reynolds/Miller deal could encourage future Republican power grabs

Governor Kim Reynolds issued her first item veto of the year this week, rejecting part of a budget bill that sought to limit Attorney General Tom Miller’s authority to sign on to multi-state lawsuits. However, she did so only after Miller agreed not to join any such litigation without her permission, ensuring that he “will not be suing the Trump administration” anymore. In addition, the governor’s veto letter praised the “Legislature’s leadership on this issue.”

While not the worst-case scenario, the resolution of this conflict could invite more Republican bills encroaching on the authority of statewide elected Democrats. The governor and her staff could then pressure those officials to cede some of their power in exchange for a veto.

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"This is political": House Republicans vote to limit Iowa AG's powers

North Carolina Republican lawmakers started the trend after losing the governor’s race in 2016. GOP legislative majorities in Michigan and Wisconsin followed suit late last year, seeking to hamstring newly-elected governors and the Michigan attorney general. Kansas Republicans are now trying to limit the appointment power of that state’s Democratic governor.

Iowa House Republicans took their own step toward “banana-republic style governance” on April 23, voting for unprecedented restrictions on Attorney General Tom Miller’s ability to make legal decisions.

The bill’s floor manager, State Representative Gary Worthan, admitted his proposal stemmed from political disagreements with Miller, whom Iowans elected to a tenth term last November.

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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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State not ready to accept "Ag Gag" law is unconstitutional

Iowa Attorney General Tom Miller didn’t ask state legislators to pass the country’s first “ag gag” law, and his office didn’t lobby in favor of banning “agricultural production facility fraud” while the bill was pending.

But the Attorney General’s office confirmed on February 21 that the state will appeal a federal court ruling against the 2012 law. The new court filing keeps up the pretense that a law designed to suppress investigative reporting was really about biosecurity and property rights.

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Why Iowa's not challenging Trump's emergency declaration--for now

Iowa is not among the sixteen states that filed suit yesterday to block what they called President Donald Trump’s “unconstitutional and unlawful scheme” to declare a national emergency in order to divert federal funds toward building a wall along the U.S. border with Mexico.

Attorney General Tom Miller has joined dozens of multi-state legal actions challenging Trump administration policies, and his office has not ruled out joining this lawsuit, communications director Lynn Hicks told Bleeding Heartland on February 19.

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Country's strictest abortion ban fails first Iowa court test

Iowa’s law banning most abortions after a fetal heartbeat can be detected violates the state constitutional guarantees of equal protection and due process, Polk County District Court Judge Michael Huppert ruled on January 22.

The Iowa Supreme Court will almost certainly agree that the law is unconstitutional. But it is unclear whether the high court will keep its decision grounded in the Iowa Constitution, as the District Court did. If the Iowa Supreme Court strikes down the law citing provisions of the U.S. Constitution, they will open the door to appeal in the federal courts.

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Iowa and national 2018 election results thread

Polls just closed in Iowa, and I will update this thread frequently throughout the night as results come in. Separate posts on some of the statewide and Congressional races will be forthcoming once the outcome is clear. The Secretary of State’s website is compiling vote totals here. Anecdotal evidence suggests turnout far exceeded 2014 levels on election day.

Early voting already set a record for an Iowa midterm election. This post includes tables showing absentee ballots requested and returned in all four Congressional districts from October 9 through November 6. The numbers aren’t quite final; absentee ballots can be hand-delivered to county auditors today, and ballots arriving by mail later this week can be counted with a postmark dated November 5 or earlier.

What we know: at least 538,043 Iowans voted before election day this year. The total early vote in 2014 was 465,166. Iowa Democrats cast 186,269 early ballots in 2014. As of this morning, 230,294 Democrats had already voted. Republicans cast 178,653 early ballots in 2014 and were at 189,961 this morning. Turnout among no-party Iowa voters typically drops sharply in non-presidential years. Four years ago, 99,491 independents cast ballots; the comparable number today is 114,878.

Earlier today, I reviewed the nine Iowa Senate races most likely to be competitive and 20 Iowa House races that will likely decide control of the lower chamber.

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Exclusive: How Kim Reynolds got away with violating Iowa's constitution

Governor Kim Reynolds swore an oath to “support the constitution of the United States and the constitution of the State of Iowa.” But when she missed a deadline for filling a district court vacancy in June, she did not follow the process outlined in Iowa’s constitution.

Public records obtained by Bleeding Heartland indicate that Reynolds did not convey her choice for Judicial District 6 to anyone until four days after her authority to make the appointment had lapsed. Nevertheless, staff assured the news media and Iowa Supreme Court Chief Justice Mark Cady that the governor had named Judge Jason Besler on time.

Reynolds and Secretary of State Paul Pate later signed an appointment and commission certificate that was backdated, creating the impression the governor had acted within the constitutionally-mandated window.

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Court puts four new Iowa voting restrictions on hold (updated)

A Polk County District Court has ordered that four voting restrictions Iowa Republicans enacted in 2017 will be on hold pending resolution of a lawsuit the League of United Latin American Citizens and Iowa State University student Taylor Blair filed in May. Plaintiffs had requested the temporary injunction, noting that the new law (House File 516) could disenfranchise eligible voters in various ways and would disproportionately harm Democrats, who are more likely to cast early ballots.

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Iowa political reaction to Trump's family separation policy

Editor’s note: Des Moines Democratic activist Robert Niederklopfer drew the cartoon posted above.

The crisis of some 2,300 children separated from their parents after crossing the southern border of the U.S. reached a tipping point this week. The “zero-tolerance policy” is two months old, but new images of kids locked in cages and heartbreaking sounds of children crying for their parents outraged millions of Americans.

A new national poll suggests voters oppose taking children away from their parents by a two to one margin. Thousands have called their members of Congress to demand action. Former acting Director of U.S. Immigration and Customs Enforcement during the Obama administration John Sandweg has warned that many of the separations will end up becoming permanent. Several “tender age” shelters are housing very young children, some unable to talk or remember their parents’ names.

I enclose below comments from leading Iowa politicians on the issue. Most predate the executive order Trump signed today, which will do nothing for families already separated and may not help new arrivals either.

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Iowa Republicans not challenging Attorney General Tom Miller

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

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

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IA-Gov: First speeches by the Hubbell-Hart ticket (audio, transcripts)

“Whether it’s her own story or distorting facts about my story, one thing is clear: Governor Reynolds is running a campaign about yesterday,” Fred Hubbell told Iowa Democratic Party state convention delegates on June 16. “We’re running a campaign about tomorrow. We are running to get Iowa growing the right way.”

Hubbell’s first speech to a large crowd since his decisive victory in the high-turnout June 5 primary served several purposes:

• Preview the main themes of his general election campaign;

• Reassure Democratic activists (many of whom had been strongly committed to other candidates) that he shares their values and goals;

• Address and reframe early attacks from Governor Kim Reynolds; and

• Introduce his running mate State Senator Rita Hart, who’s not well-known outside Clinton and Scott counties.

For those who weren’t able to attend the convention, I enclose below audio and full transcripts of the speeches by Hubbell and Hart.

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Republicans virtually guaranteed to pick up Iowa Senate district 1

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

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

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A special message for Nate Boulton supporters

Words of wisdom from Julie Stauch, a veteran of many Democratic campaigns. -promoted by desmoinesdem

To my friends who put your heart into supporting Nate Boulton – this post is for you.

I went to my first caucus in support of Gary Hart in 1984. Then, in 1987, the Monkey Business photo came out and he was out of the presidential race. I can remember the date – May 8. I had been volunteering for him for a little over two months and was rocked by the whole event. My response was – “I’m done. I’m not going to do this again.”

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Groups sue to block abortion ban; Iowa AG won't defend law (updated)

UPDATE: Have added the plaintiffs’ court filings at the end of this post.

The American Civil Liberties Union of Iowa, Planned Parenthood of the Heartland, and the Iowa City-based Emma Goldman Clinic filed suit today to block the new state ban on almost all abortions after a fetal heartbeat can be detected. I enclose below the full statement from the groups and will post the court filing once that document becomes available. The Polk County District Court is certain to put a stay on Senate File 359 (which would have taken effect July 1) while litigation is pending.

Attorney General Tom Miller “has disqualified himself from representing the state” in this case, Solicitor General Jeffrey Thompson informed Iowa’s Executive Council today. Miller took that step after determining “he could not zealously assert the state’s position because of his core belief that the statute, if upheld, would undermine rights and protections for women.” The attorney general recommends that the Executive Council authorize the Thomas More Society to defend the law. That conservative group has offered its legal services at no cost to the state.

Miller’s decision is telling, because a few years ago, the Iowa Attorney General’s office defended the state administrative rule seeking to ban the use of telemedicine to provide medical abortions at Planned Parenthood clinics around the state. The Iowa Supreme Court unanimously found that policy created an “undue burden” for women seeking an abortion. You can read that decision in full here.

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When someone tried to plant a false story in the Des Moines Register

A year ago today, Des Moines Register public affairs reporter William Petroski reached out to the Iowa Attorney General’s office, seeking to confirm a tip from a “really good source.”

The story never made it into the paper, because it didn’t check out. Odds are the misinformation came from someone close to then Governor Terry Branstad and Lieutenant Governor Kim Reynolds.

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A close look at a proposed Iowa constitutional amendment

Marty Ryan is a nearly retired lobbyist after 27 Iowa legislative sessions. -promoted by desmoinesdem

Lawmakers have introduced a glut of proposed amendments to Iowa’s Constitution in the legislature this year. So far, only two have survived. House Joint Resolution 2009 would guarantee the right to bear arms. Both chambers would have to pass identical language during the Eighty-Eighth General Assembly (2019-2020) in order to put that amendment on the November 2020 ballot for Iowans to approve or disapprove.

The other proposal is Senate Joint Resolution 2006, which would change the procedure for who succeeds the governor in case of death, resignation, impeachment, or inability to carry out the duties of governor. It also redefines the procedure for accomplishing that transition.

Reading the legalese of the legislative document will have you bored to death, confused, or excited to solve it like a New York Times Sunday Crossword Puzzle.

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Kim Reynolds quietly signed unconstitutional immigration bill

Governor Kim Reynolds has signed a bill designed to force Iowa police and sheriffs to assist with federal immigration enforcement.

In so doing, she undermined public safety and constitutional rights against unreasonable searches and seizures–not only for those living in Iowa without legal authorization, but also for immigrants who are lawfully present or even U.S. citizens.

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IA-03: Theresa Greenfield off Democratic primary ballot

Secretary of State Paul Pate did not certify Theresa Greenfield’s candidacy in Iowa’s third Congressional district today, following advice from Attorney General Tom Miller. The Iowa Democratic Party’s Third District Central Committee voted on March 26 to designate Greenfield as an “additional primary election candidate.” Miller declined last week to issue a legal opinion on whether the relevant portion of Iowa code applies to Greenfield’s circumstances. But in an analysis released today, the attorney general said the statute is intended “to encourage and ensure contested primaries” and “is not a do-over provision” for candidates who failed to qualify for the ballot through ordinary means.

I’ve posted the full statement and legal analysis from the Attorney General’s office after the jump, along with a statement from Greenfield accepting Miller’s conclusion. She could have filed a lawsuit challenging Pate’s refusal to certify her, but she probably would not have succeeded for reasons Bleeding Heartland discussed here and here.

The big question mark now is where Greenfield’s prominent supporters, including major labor unions, will land. Three Democrats are competing for the chance to take on two-term Representative David Young: Cindy Axne, Pete D’Alessandro, and Eddie Mauro. Although they agree on many issues, they have been making very different cases to voters. Each has well-known advocates in Iowa Democratic circles.

Axne angered some Greenfield backers by lobbying the central committee not to invoke Iowa Code 43.23, whereas Mauro promised last week not to challenge efforts to add Greenfield to the ballot. D’Alessandro helped Greenfield during her mad dash to collect new signatures on March 16.

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Iowa candidates on notice: Signature requirements are real

A state panel disqualified two prominent Republican candidates yesterday due to insufficient valid signatures on their nominating petitions. A leading Democratic contender for Congress would have suffered the same fate, had a party committee not bailed her out using a questionable legal loophole.

All of the candidates had been actively campaigning for months. Yet they failed to ensure that they could meet a straightforward, longstanding requirement to qualify for the ballot. Nothing like this should happen to another serious contender for public office in Iowa.

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Vote on Greenfield candidacy sets bad precedent for Iowa Democrats

Members of the Iowa Democratic Party’s Third District Central Committee voted yesterday to use an obscure provision of state law to nominate Theresa Greenfield for the primary ballot. After about 30 minutes of debate, the committee narrowly supported a motion to add another candidate to the Congressional primary ballot (36 to 31, with two abstaining). A second motion, for Greenfield to be that additional candidate, passed 47 to 10, with six abstentions.

Before Greenfield’s name is added to the candidate list, an election panel consisting of Attorney General Tom Miller, Secretary of State Paul Pate, and State Auditor Mary Mosiman will likely consider an objection. Depending on the outcome, the panel’s decision may be challenged in court.

Central committee members were in an unenviable position; no matter how they voted, some activists would be upset. Unfortunately, the chosen path suggests that Iowa Democrats will abandon normal procedures if necessary to help a sympathetic candidate.

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Libertarian candidate challenges Kim Reynolds, David Young nominations

The Libertarian candidate in Iowa’s third Congressional district has challenged the nomination petitions submitted by Governor Kim Reynolds and Representative David Young for the June 5 Republican primary. Bryan Jack Holder charges that Reynolds and Young collected many signatures on petitions that were not “substantially” in “the form prescribed by the state commissioner of elections.” He further claims the governor and U.S. House incumbent violated voters’ privacy rights by collecting personal information that was not redacted from petitions turned in to the Iowa Secretary of State’s office.

Although Holder is extremely unlikely to knock either Republican off the primary ballot, his objections may produce more clarity on how much Iowa candidates for state or federal offices can modify their nominating petitions.

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Whitver, Schneider to lead Iowa Senate GOP; Failor out as top aide

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

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Iowa Senate backs governor's power to appoint new LG

The Iowa Senate has taken the first step toward preventing a repeat of last spring’s controversy over whether Kim Reynolds would have the authority to name a new lieutenant governor following Terry Branstad’s resignation.

With broad bipartisan support, senators approved on March 7 a constitutional amendment designed to give future generations “a clear and explicit understanding of the line of succession for Iowa’s governors.”

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Weekend thread: Statewide candidate edition

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

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

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Rita DeJong's strong performance shows Iowa legislature in play

Josh Hughes is a Drake University undergraduate and vice president of the I-35 school board. -promoted by desmoinesdem

Republican Jacob Bossman bested Democrat Rita DeJong by 55.6 percent to 44.3 percent in a January 16 special election that, despite the sub-zero temperatures on election day, got very hot in the final stretch. Sensing vulnerability in this ancestrally Republican seat, the Iowa GOP spent more than $117,000 on tv advertising and paid mail to juice Republican turnout.

The GOP’s investment paid off. But even in this loss, Iowa Democrats have many reasons to feel hopeful, not only because of DeJong’s massive over performance compared to other Democrats, but also because the fundamentals of the district suggest something much larger going on.

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Obama's caucus victory 10 years later: A look back in photos

Many thanks to Jordan Oster, a public affairs consultant and clean energy advocate from Des Moines, for this review of a remarkable Iowa caucus campaign. -promoted by desmoinesdem

January 3 marked the tenth anniversary of Barack Obama’s victory in the 2008 Iowa Democratic Precinct Caucuses.

Like a number of supporters and former staffers, I took to social media earlier this week to share photos and memories from his campaign. You can check out the full Twitter thread here.

As this anniversary approached, I began to gather photos and recollections of the Obama campaign. The Iowa caucuses have long captivated me, and I have tried to do my part to preserve and keep its unique history alive. A camera is usually a required accessory when I attend presidential events, and I have filled many memory cards with photos of presidential candidates since I first got involved with campaigns in 2003.

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Iowa AG has joined 36 legal actions challenging Trump policies

Iowa Attorney General Tom Miller signed on to three dozen multi-state actions challenging Trump administration policies last year, covering a wide range of immigration, environmental, civil rights, consumer protection and labor issues. Miller also joined fellow attorneys general in nine amicus curiae briefs related to state-level or local policies on reproductive rights, LGBTQ equality, gun control, voting rights, and gerrymandering.

Although federal lawsuits aren’t the main focus of Miller’s work, Iowans can be proud our attorney general repeatedly stood for fundamental rights and core progressive values.

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The 17 Bleeding Heartland posts I worked hardest on in 2017

Since I started writing for this website a decade ago, I’ve never worked harder than I did in 2017. This momentous year in Iowa politics provided an overwhelming amount of source material: new laws affecting hundreds of thousands of people, our first new governor since 2011, and a record number of Democrats seeking federal or statewide offices.

In addition, my focus has shifted toward more topics that require time-consuming research or scrutiny of public records. As I looked over the roughly 420 Bleeding Heartland posts I wrote this year, I realized that dozens of pieces were as labor-intensive as some of those I worked hardest on in 2015 or 2016.

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"We have to wake the watchdog up": Why Rob Sand's running for state auditor

The state auditor of Iowa is not a “sexy office,” former Assistant Attorney General Rob Sand told me earlier this fall. “But it’s a huge opportunity for public service, because I think that the way that it’s run right now, there’s a lot of low-hanging fruit for improvement.”

Sand kicked off his candidacy this morning with a website and Facebook page. He’s been tweeting for some time at @RobSandIA. His opening video is here. At the end of this post I’ve enclosed Sand’s campaign committee, including activists and elected officials from many parts of the state as well as Iowa Attorney General Tom Miller and former Attorney General Bonnie Campbell.

Sand discussed with Bleeding Heartland how he would approach the job and why he is running against Republican incumbent Mary Mosiman, a certified public accountant who has served as state auditor since 2013. Although this office is not the obvious choice for an attorney, Sand considers his experience prosecuting white-collar crime “my biggest qualification” and a key reason he could improve on Mosiman’s work. Moreover, he’s not afraid to call out a “historically irresponsible” state budget.

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Nothing says "civil discourse" like Steve King as your campaign co-chair

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

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

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

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If all Iowa candidates had to win under rules Republicans forced on unions

“There’s not one Republican in this state that could win an election under the rules they gave us,” asserted AFSCME Council 61 President Danny Homan after the first round of public union recertification elections ended this week.

He was only slightly exaggerating.

A review of the last two general election results shows that Iowa’s capitol would be mostly devoid of office-holders if candidates for statewide and legislative races needed a majority vote among all their constituents–rather than a plurality among those who cast ballots–to be declared winners.

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Groups challenge Iowa's "ag gag" law in federal court

Two years ago, a federal court in Idaho ruled that state’s “Ag Gag” law unconstitutional, saying the ban on “interference with agricultural production” violated the First Amendment. That ruling pointed to similar problems with Iowa’s law prohibiting so-called “agricultural production facility fraud.”

Today, “a broad coalition of public interest groups” asked a federal court to strike down Iowa’s law under the U.S. Constitution and “enter an order blocking the state from enforcing it.”

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Why did Branstad and Reynolds request transition funds they didn't need?

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

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

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

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First look at Jim Mowrer's campaign for Iowa secretary of state

Vowing to fight for every vote to be counted and to “say no to making it harder and more expensive to vote,” Jim Mowrer launched his campaign for secretary of state on August 3. He is well-known to many Democrats as Representative Steve King’s 2014 opponent in the fourth Congressional district and Representative David Young’s challenger in the third district last year. Follow me after the jump for more on Mowrer’s case for his candidacy and against Secretary of State Paul Pate, including highlights from an interview with Bleeding Heartland.

Mowrer will have at least one competitor in the Democratic primary. Deidre DeJear launched her campaign on August 6. She’s on the web, Facebook, and Twitter. I recently spoke to DeJear about her background and goals and have a post in progress on her secretary of state campaign. Iowa Starting Line profiled her here.

State Representative Chris Hall of Sioux City has not ruled out the secretary of state race either, he told me in late July.

I’ve reached out to several county auditors who had floated the idea of challenging Pate in 2018. Polk County Auditor Jamie Fitzgerald told me he is no longer considering a run for higher office. Johnson County Auditor Travis Weipert announced on Facebook on August 3 that Mowrer “has my full backing.” UPDATE: Two more county auditors endorsed Mowrer on August 7. Scroll to the end of this post for details.

Nathan Blake, who had been thinking about this race, confirmed two weeks ago that he has decided against it.

Because I believe the most dangerous thing about the Trump Republican Party is its disdain for democracy and its corresponding voter suppression efforts, I had been planning to run for Secretary of State in 2018. However, in May Iowa Attorney General Tom Miller asked me to take on a new role as a Deputy Attorney General. I believe I can do the most good over the next few years working for AG Miller to stand up for the rule of law, keep Iowans safe, and protect consumers. While I won’t be running for anything this cycle, I’ll continue to fight for voting rights and other progressive policies and I’ll evaluate opportunities to serve in elected office in the future.

Bill Brauch likewise considered running for secretary of state but will not be a candidate for any office next year. Instead, he told me, he will continue volunteering as the Iowa Democratic Party’s Third District Chair.

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Kim Reynolds misled public about Iowa attorney general's view of her powers

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

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

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

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

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Adam Gregg will "operate" but not "hold" office of lieutenant governor

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

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

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

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

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

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

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

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

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

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

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Early clues about the Kim Reynolds leadership style are not encouraging

Lieutenant Governor Kim Reynolds will likely begin performing the duties of our state’s highest office very soon, following Governor Terry Branstad’s expected confirmation as U.S. ambassador to China. Speaking to journalists, some Republicans who have worked with Reynolds have enthused about her willingness to study the issues and be engaged in policy-making as part of her long preparation for the job.

Unfortunately, the way Reynolds has handled the controversy surrounding her authority to appoint a new lieutenant governor has revealed a willful disdain for research and opposing views.

Now, she admits she may have trouble working with Attorney General Tom Miller, whom she views as “my legal counsel” interfering with “my plan.”

If recent events reflect how Reynolds will approach other complicated and contentious issues, Iowans have reason to worry.

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When is a Governor a Governor?

Pete McRoberts, a policy attorney in Des Moines who has worked in legislative, Congressional, and statewide offices, reflects on Attorney General Tom Miller’s formal opinion on the coming transfer of power. -promoted by desmoinesdem

Plenty of time has been spent over the past few months on addressing the rare constitutional, legal, and political questions regarding the succession clauses of the Iowa Constitution and corresponding state law for when vacancies exist in state elected offices.

In plain English, the question we have to answer – not very often – is how does it work when a Governor is no longer able to perform his or her duties? This question was answered a handful of times in Iowa over the past hundred years. The most recent instance was close to 50 years ago. The Constitution has been amended since then, in a way that sits in the same pew as that question, but still somewhat distant that our immediate question as to the authority of a successor of a Governor.

The first piece of the vacancy and succession questions is whether a successor is a Governor. The two times that has happened in a modern Governor’s office – in the 1950s and 1960s – the Constitutional matter was answered with a “yes.” With the pending resignation of Governor Terry Branstad, it is sensible to not only dust off historical questions, but to take a look to see how the Constitution and laws apply now. The question is simple; “will Lt. Gov. Reynolds be a Governor, or will she be an ‘Acting Governor?”

The second question relates to the powers of a Governor to fill vacancies, specifically, to the office of Lieutenant Governor. For context, in 2009, the Legislature passed and the Governor signed a law to confirm how the Constitutional mechanism would function in that setting. The law was simple; it states that in the event of a vacancy in the office of the Lieutenant Governor, that the Governor will appoint a Lieutenant Governor for the balance of the otherwise vacant term.

Earlier today, the Attorney General issued a formal opinion on these two questions.

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Iowa attorney general: Kim Reynolds can't appoint new lieutenant governor

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

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

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

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

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

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

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

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

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

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

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

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

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Read the teachers union lawsuit against Iowa's collective bargaining law

The largest labor union representing Iowa teachers and its Davenport affiliate filed a lawsuit yesterday challenging the constitutionality of House File 291, which eliminated almost all collective bargaining rights for teachers.

I enclose below the full text of the initial Polk County District Court filing. Scroll down to read comments Iowa State Education Association President Tammy Wawro delivered at a press conference, which you can watch here.

Like the lawsuit Iowa’s AFSCME chapter filed in February, the new lawsuit targets the unequal treatment of two classes of workers under the revised Chapter 20, which governed collective bargaining here for more than four decades. “Public safety” workers will be able to keep bargaining over a larger range of subjects, while other public employees can negotiate only about a handful of subjects, primarily base pay. ISEA maintains that this division violates Article I, Section 6 of the state constitution, which stipulates, “All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.”

In addition, the ISEA is challenging the law’s two biggest union-busting provisions: a ban on automatic payroll deduction for union membership and political contributions, and procedures that will make it harder for public unions to stay certified. ISEA holds that the payroll deduction ban also violates the uniformity clause of Article I, Section 6, because such deductions will be allowed for other professional associations or organizations. In addition, the lawsuit charges that by creating “an undemocratic election system” for unions representing public workers, which “counts votes based on population instead of number of votes cast,” the law violates the substantive due process guarantee of Article I, Section 9.

Attorney General Tom Miller is not defending the collective bargaining law, to “avoid any questions about a potential conflict.” The state retained the Belin McCormick law firm to handle legal challenges. At the end of this post, I enclose the motion filed to dismiss ASFCME’s lawsuit; the defense against ISEA’s suit will make the same arguments.

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Senator nudges Iowa attorney general on Kim Reynolds succession questions

State Senator David Johnson wrote to Attorney General Tom Miller today to follow up on his request last month for answers to nine questions related to the coming transfer of power in Iowa. Governor Terry Branstad plans to resign following his expected confirmation as U.S. ambassador to China, which could happen in late April or early May.

I enclose Johnson’s latest letter in full below. The senator, who is not affiliated with any political party, noted the urgency of the question, because of Branstad’s upcoming U.S. Senate confirmation hearings. Johnson added, “My mail last month included a surprising number of cards and letters thanking me for making the request for an Official Opinion, as citizens’ attention has been drawn to the situation.”

Johnson’s February 1 letter to Miller requested a formal opinion “on an expedited basis” by February 15, because Lieutenant Governor Kim Reynolds will assume the governor’s powers soon. However, the Attorney General’s Office has not yet responded in writing. When I last inquired about the status of the opinion, Miller’s spokesperson Geoff Greenwood told me in a February 27 e-mail, “Our office is still working on it. I’ll let you know when we have something available.”

Several readers have asked why anyone should care whether Reynolds will have the title of governor and whether she will appoint a new lieutenant governor after Branstad leaves the scene. To recap points I explained in more detail here, allowing Reynolds to appoint a new lieutenant governor would put an unelected person (rather than the Iowa Senate president) next in line to perform the governor’s duties, should anything happen to Reynolds before January 2019. In addition, a newly-appointed lieutenant governor could travel the state in an official capacity, handling public events and generating local media coverage. In effect, Reynolds would be able to use state resources to boost the political profile of her chosen running mate for 2018.

I look forward to reading the opinion from Miller, though I still believe the best outcome would be for the seven Iowa Supreme Court justices to provide a definitive interpretation of the relevant provisions in the Iowa Constitution. Nowhere in that document is it written that the lieutenant governor is empowered to a new lieutenant governor when the governor’s office becomes vacant.

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Iowa attorney general: Outside counsel should defend collective bargaining law

To “avoid any questions about a potential conflict,” Iowa Attorney General Tom Miller will request that outside legal counsel defend the state against a public employee union’s legal challenge to Iowa’s new collective bargaining law. AFSCME, the largest labor union representing state workers, and four of its members filed suit on February 20, charging that House File 291 violates Iowa constitutional provisions on equal protection and non-interference in contracts. In a statement I enclose in full below, Miller said he will ask the Iowa Executive Council to approve other counsel for this case, because “the new collective bargaining law has the potential to existentially threaten the viability of public sector unions,” which have supported him in past campaigns.

The council is likely to approve Miller’s request. Its five members are Governor Terry Branstad, Secretary of State Paul Pate, State Treasurer Mike Fitzgerald, Secretary of Agriculture Bill Northey, and State Auditor Mary Mosiman. Branstad’s spokesperson Ben Hammes told Barbara Rodriguez of the Associated Press, “[Miller] summed it up when he said that AFSCME had supported him in the past and he wants to avoid any questions about a potential conflict.”

The Attorney General’s Office defended the Branstad administration against a lawsuit challenging the closure of the Iowa Juvenile Home, for which AFSCME Iowa Council 61 President Danny Homan was a plaintiff. But outside counsel defended the state when Democratic lawmakers and Homan challenged the governor’s use of line-item vetoes to close Iowa Workforce Development offices.

Miller may need to ask outside counsel to be appointed if other labor unions and public employees file additional lawsuits challenging the collective bargaining law. Aside from the points raised by AFSCME, several other provisions may raise constitutional questions:

• The law bans automatic payroll deductions for labor union dues, while allowing such deductions to continue for professional association memberships or recurring charitable contributions.

• The law may violate free association rights by requiring unions to win a majority of all eligible voters, not just those who cast ballots, in order to stay certified.

• The law eliminates a quid pro quo contained in the first paragraph of Chapter 20, which could be seen as a due process violation.

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The first eight vice presidents to become president did not appoint new VPs

Reacting to my last post on questions surrounding the future title and authority of Lieutenant Governor Kim Reynolds, Joe Kristan commented that when a similar controversy arose in 1841, Vice President John Tyler set the “Tyler Precedent” by insisting he would be president for the remainder of the term to which William Henry Harrison had been elected.

I responded that the U.S. Constitution was later amended to say clearly that the vice president becomes president in the event of a vacancy–language that Iowa lawmakers chose not to introduce into our state’s constitution when amending passages related to succession on multiple occasions.

Kristan countered that nobody calls Tyler, Millard Fillmore, Andrew Johnson, Chester Arthur, Theodore Roosevelt, Calvin Coolidge, Harry Truman or Lyndon Johnson “acting presidents,” just because the 25th Amendment was subsequently adopted in 1967.

True. But guess what? None of those eight men appointed a new vice president during the term in which they assumed the powers of the presidency.

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Senator asks attorney general for opinion on future title, powers of Kim Reynolds

State Senator David Johnson has asked Attorney General Tom Miller to provide an official opinion on whether Lieutenant Governor Kim Reynolds will have the title of governor and the authority to appoint a new lieutenant governor once Governor Terry Branstad resigns, as expected later this year.

Johnson asked Miller to answer nine specific questions regarding language in the Iowa Constitution stating that “the powers and duties of the office” of governor “shall devolve upon the Lieutenant Governor,” and referring to the lieutenant governor “acting as governor” and “performing the duties pertaining to the office of governor.”

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Iowans Lose with Senate "Loser Pays" Bill

Bill Brauch, the former director of the Consumer Protection Division in the Iowa Attorney General’s Office, warns about a “little sleeper of a bill” that would be “a nuclear weapon against judicial fairness.” -promoted by desmoinesdem

Iowa Senate Republicans have hit the ground running this session, and their agenda is replete with extreme proposals. One of them hasn’t gotten much notice yet but, if enacted, would represent the most radical change to Iowa’s judicial system since its inception.

Senate Study Bill 1008 would impose the “loser pays” standard in all civil actions in Iowa courts. This means that if you lose a civil lawsuit you not only have to pay your own attorney fees, you have to pay the other side’s attorney fees as well. Another term for this would be “instant bankruptcy!”

Imagine you are injured in a car accident and sue the other driver to seek recovery for your injuries. If the case is hard-fought both sides might run up tens of thousands of dollars in attorney fees. Say the case is a close one and you lose by a whisker – the jury thought you had a good case but your proof fell just short. Under SSB 1008, you’ll not only have to pay your own attorney fees, you’ll have to pay the other side’s as well!

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Weekend open thread: Threats to national security edition

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

Only one week into Donald Trump’s presidency, the outrages are piling up. Philip Rucker and David Filipov report today for the Washington Post that Trump has restructured the National Security Council to give his political strategist Steve Bannon a permanent spot on the “principals committee” of senior officials. Meanwhile, the chairman of the Joint Chiefs of Staff and the director of national intelligence will no longer be regular members of that committee. President George W. Bush never allowed his hatchet man Karl Rove to attend National Security Council meetings.

Trump issued several executive orders this week related to immigration. The most controversial (and probably unconstitutional) one restricts entry from seven countries–but maybe not for Christians from those areas. Despite the trending hashtag #MuslimBan, the order is technically not a ban on Muslims entering the U.S.–though Rudy Giuliani says Trump asked advisers to help him accomplish that goal through legal means. The White House is portraying the order as an anti-terrorism measure, but knowledgeable people know otherwise.

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Politically motivated Iowa fraud case points to Polk County prosecutor's failure

A former administrative law judge who testified about political interference at Iowa Workforce Development is facing a felony fraud charge after staff in the Polk County Attorney’s office failed to do their homework.

Ryan Foley reported Thursday for the Associated Press that former Administrative Law Judge Susan Ackerman is charged with making fraudulent submissions, having “falsely certified that her married daughter was single so that she could receive state health insurance in 2013 and 2014.” When the Iowa Supreme Court Attorney Disciplinary Board reviewed an Iowa Workforce Development complaint citing the same conduct a year and a half ago, the board determined “that Ackerman didn’t commit an ethical violation and declined to take action against her law license,” Foley noted.

So why is she facing criminal prosecution now? Because no one in the Polk County Attorney’s office researched this case before filing charges.

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