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Iowa Senate approves cannabis oil bill

Yesterday the Iowa Senate approved by 36 votes to 12 a bill to legalize the use of medical cannabis oil for treating certain seizure conditions. You can read the full text of Senate File 2360 here. After the jump I’ve posted State Senator Joe Bolkcom’s floor statements in support of the bill, which summarize its key points and limited scope. An Iowa Senate Democratic research staffer provided a more detailed analysis of the bill here (pdf).

The roll call in the Senate Journal shows that all 26 Iowa Senate Democrats voted for the cannabis oil bill, joined by the following ten Republicans: Mike Breitbach, Mark Chelgren, Minority Leader Bill Dix, Joni Ernst, Hubert Houser, David Johnson, Tim Kapucian, Charles Schneider, Amy Sinclair, and Brad Zaun. The twelve Republicans who voted no were Bill Anderson, Jerry Behn, Rick Bertrand, Nancy Boettger, Jake Chapman, Randy Feenstra, Julian Garrett, Sandy Greiner, Dennis Guth, Ken Rozenboom, Roby Smith, and Jack Whitver. Republicans Mark Segebart and Dan Zumbach were absent.

During the floor debate, several Republicans warned that passing the bill would send the wrong message to teenagers, leading to more recreational use of marijuana. That’s hard to fathom, since the bill does not legalize smoking marijuana, even for terminally or chronically ill Iowans who could benefit from medical cannabis in that form.

Key Iowa House Republicans and Governor Terry Branstad have made clear that for now, they would consider only a bill to allow access to medical cannabis oil. I hope a study committee on broader use of medical marijuana will go forward. Senate File 2360 is a step in the right direction and will give families like this one options other than moving to Colorado. However, the bill leaves out too many suffering people.

P.S.- A sign of how far the political ground has shifted in the medical marijuana debate: Joni Ernst and Brad Zaun are in fiercely competitive GOP primaries (for U.S. Senate and IA-03, respectively). Both of them voted for this bill.

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Education budget passes, ensuring tuition freeze at state universities

Iowa lawmakers are finally getting the hang of divided control–or maybe they just want to get out of town early in an election year. During the 2011 legislative session, Iowa House Republicans and Senate Democrats were still arguing about state budget targets well into June and didn’t approve final spending bills until the very last day of the fiscal year.

In contrast, legislative leaders agreed on fiscal year 2015 spending targets seven weeks ago. On April 23, both the Iowa House and Senate approved the conference committee report for the education appropriations bill. Details on the education budget debate, final funding levels and roll calls are after the jump.

Amazingly, the legislature may be ready to adjourn for the year by the end of next week.

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IA-03: Two windows onto Matt Schultz's management skills (updated)

Matt Schultz is touting his management of the Iowa Secretary of State’s office in a television commercial promoting his campaign in Iowa’s third Congressional district.

But new reports by Ryan Foley of the Associated Press indicate that when reorganizing the Secretary of State’s office, Schultz showed preference to a political appointee and allowed him to keep collecting a large salary despite doing little if any work for the government.

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Iowa wildflower Wednesday returns: Virginia bluebells

After a brutal winter and an unusually cold March, I’m more happy than ever to see early spring wildflowers. Two weeks ago, nothing was blooming yet around my corner of Windsor Heights. About ten days ago I finally saw the first blossoms on bloodroot, which can sometimes flower in mid-March. Within the past week I’ve seen the first Dutchman’s breeches, rue anemone, toothwort, and even a dogtooth violet flowering. I’ve heard reports of spring beauties opening up in central Iowa, but haven’t seen any in bloom yet.

The star of today’s diary may be the Iowa wildflower most commonly planted in gardens. Thomas Jefferson himself cultivated the plant at Monticello. In fact, many people are unaware that Virginia bluebells (more commonly known simply as bluebells) are a native plant in Iowa. But you can find them in wooded areas, and they will spread easily across your yard if you give them free roam and have enough moisture in your soil. Photos of this stunning flower are after the jump.

This post doubles as a mid-week open thread: all topics welcome.

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IA-04: Democracy for America endorses Jim Mowrer

Democracy for America announced this morning that it has endorsed Jim Mowrer, Representative Steve King’s Democratic challenger in Iowa’s fourth Congressional district. I’ve posted the official statement after the jump. The progressive advocacy group Howard Dean created after his 2004 presidential campaign has 1 million members across the country, including 9,589 members in Iowa. Some of them may be more likely to volunteer for Mowrer knowing he has DFA’a backing.

The group’s endorsement should also help Mowrer raise more money from inside and outside Iowa–although he’s done quite well in that department already, raising more money than King the last three quarters. Recognizing the strong campaign Mowrer is building, the Democratic Congressional Campaign Committee already flagged IA-04 as an “emerging race” despite the uphill climb for any Democrat in this district.

Democracy for America has previously endorsed five other Democratic U.S. House candidates, including Staci Appel in Iowa’s open third district.

UPDATE: I missed this last week; Mowrer informed supporters that his three-year-old son suffers from a rare degenerative neurological disease. Healing thoughts to the whole family.

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Tom Harkin endorses Ned Chiodo in Iowa Senate district 17

Iowa politics junkies, help me out here: Has U.S. Senator Tom Harkin ever endorsed a candidate for an Iowa legislative district in a competitive Democratic primary with no incumbent? I can’t think of any prior examples, but it happened yesterday. The full text of Ned Chiodo’s press release is after the jump. Money quote: “I am proud to support Ned Chiodo for State Senate,” said Harkin. “I have known him for many years, and without question he has the integrity and experience to lead Iowa forward.”

Chiodo certainly has a lot of political experience: five terms in the Iowa House, one term as Polk County Auditor, and many years lobbying the Iowa legislature. Harkin’s endorsement is a slap at the other highly experienced candidate in the SD-17 primary: Tony Bisignano. I guess the long friendship allowed Harkin to overlook Chiodo’s effort to knock Bisignano off the ballot, which could have disenfranchised tens of thousands of Iowans had the Iowa Supreme Court reached a different conclusion.

Harkin is an original co-sponsor of a U.S. Senate bill “that would reduce recidivism rates by restoring voting rights to individuals after they have served their time and have been released from incarceration.” Yet he is endorsing an Iowa Senate candidate who argued that ineligible voters in Iowa include anyone convicted of an aggravated misdemeanor which can carry a prison sentence–regardless of whether the person was ever incarcerated.

I am urging my friends in Iowa Senate district 17 to support Nathan Blake, the third candidate in the Democratic primary. The Iowa Senate Democratic caucus already has plenty of members with at least decade’s experience as state legislators. How about a capable new person, who supports progressive values and doesn’t have Chiodo’s or Bisignano’s baggage?  

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IA-Gov: PPP poll shows cronyism/hush money scandal hurting Branstad

I’ve been meaning to catch up on the various Branstad administration scandals involving alleged politically-motivated firings, cronyism affecting state contracting and hiring for certain public positions, “hush money” paid in exchange for non-disclosure agreements with fired state employees, blacklists that prevent former employees from gaining other state jobs, interference in what should be non-political work, and possible misuse of federal funds by the Department of Administrative Services in order to make some of the unauthorized secret settlement payments. Governor Terry Branstad realized nearly two weeks ago that his quickie internal review and executive order on secret settlements were not sufficient. He fired Department of Administrative Services Director Mike Carroll after Carroll gave inaccurate testimony at a legislative hearing. But almost every day, the Des Moines Register or some other media outlet has a new angle on alleged wrongdoing.

Last week’s Loras College survey of Iowa Republicans indicated that Branstad has nothing to worry about from his GOP primary challenger, Tom Hoefling. But a Public Policy Polling survey released today shows Branstad’s approval as low as I can remember seeing it during his current term, and the incumbent barely ahead of Democratic challenger Jack Hatch.

Full results from the survey are here (pdf). Highlights are after the jump.  

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Democrats, give up hoping for Elizabeth Warren in 2016

Democrats hoping for a progressive alternative to Hillary Clinton in the 2016 presidential race need to look somewhere other than toward U.S. Senator Elizabeth Warren. Appearing on CBS Sunday Morning yesterday to promote her new autobiography, Warren couldn’t have been more emphatic about not running for president.

“I’m not running for president,” Warren, 64, of Cambridge, told reporter Mark Strassmann. Her autobiography, “A Fighting Chance,” hits bookstores Tuesday.

Strassmann persisted, however, noting that President Obama wrote “The Audacity of Hope,” like Warren, two years into his first term as U.S. senator. Epic, inspiring autobiographies have become a common political precursor to presidential runs, and speculation has swirled around Warren, who is seen as a alternative if Hilary Clinton chooses not to run, because of her popularity on her party’s left wing, as well as her success as a fundraiser for Democrats nationwide.

“I’m not running for president,” Warren cut him off. “You can ask it lots of different ways.”

No weasel words like “I’m focused on my work in the Senate” or “I’m happy in my current job, representing the good people of Massachusetts.”

Meanwhile, news broke a few days ago that Derek Eadon, a familiar figure in recent Iowa Democratic campaigns, will be the Midwest regional director for the “Ready for Hillary” super PAC. Eadon’s background: Iowa Democratic Party field organizer in Cedar Rapids during 2006, first field director hired by Barack Obama’s 2008 Iowa caucus campaign, Iowa State Director for Organizing for America beginning in 2009, Iowa Democratic Party’s “coordinated campaign” director in 2010, and general election director for Obama’s 2012 campaign in Iowa.

I still think Ready for Hillary is a huge waste of time and money. Whether she runs for president or not, she won’t need this super PAC’s help. However, it’s significant that early Obama supporters such as Jackie Norris and now Eadon are eager to identify supporters for a repeat Clinton presidential bid.  

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Weekend open thread: Easter, Passover, and late spring edition

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

A joyous Easter to those who celebrate today and a happy Passover to those who observe. Last year I posted lots of Easter and Passover-related links here. I’ll just add a couple more: 2014 is one of those years when Eastern Orthodox Christians and those of other denominations celebrate Easter on the same day. Most of the time those holidays fall on different weekends because the churches use different calendars.

Reform Judaism magazine published a fascinating interview with Biblical scholar Richard Elliott Friedman. He argues that the Exodus story is not fiction, but reflects a departure from Egypt by the Levite tribe, and that most of the Hebrews never lived in Egypt. I’ve posted excerpts after the jump, but I encourage you to click through and read the whole interview. Friedman is “a leading proponent of the Documentary Hypothesis, which maintains that the the biblical texts traditionally known as the Five Books of Moses are actually the synthesis of many different sources from different time periods.” Click that link to learn more about what he views as “the editorial team behind the Bible.”

Religious or secular, I think all Iowans appreciate spring’s arrival. This weekend’s weather is almost perfect. Just within the past few days, the first ruby-throated hummingbird sightings were reported on the edges of Iowa. We don’t typically see any in Windsor Heights until early May. The latest central Iowa butterfly forecast is here. Our bloodroot only just started blooming this week, nearly a month behind schedule. We can see leaves or buds on a few other spring wildflowers, so I’m just about ready to relaunch Iowa wildflower Wednesday.  

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Thoughts on the primary polls in IA-01, IA-02, and IA-03

Loras College in Dubuque released its first-ever set of polls on Iowa Congressional primaries this week. Click here for the polling memo and here (pdf) for further details, including the full questionnaires.

After the jump I’ve posted my thoughts on what these polls tell us about the front-runners (or lack thereof) in each primary. Unfortunately, a big methodological flaw makes it more difficult to interpret the results.

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Iowa Democratic Party considering reforms to make caucuses more inclusive

Welcome news: Iowa Democratic Party leaders will have a real conversation about making the Iowa caucuses more accessible to people who can’t attend for various reasons.

“Everything’s on the table to talk about,” [IDP Chair Scott] Brennan said. “If there’s a way to enhance access and do it in a manner that keeps the spirit of the Iowa Caucuses and still lets peoples’ voices be heard, that’s what we want to do.”

Brennan has asked Norman Sterzenbach, the party’s former executive director, to conduct a “listening tour” to talk to “hundreds, if not thousands” of people about how absentee voting might be incorporated in the Caucuses.

I’ve supported Iowa caucus reforms since way before Bleeding Heartland existed. It is painful to talk with people who care deeply about the political process and want to participate in choosing a presidential nominee, but can’t get time off work or physically cannot leave their homes on caucus night.

Before the 2008 caucuses I wrote a series on the Iowa Democratic Party’s caucus system, linked here. Part 2, part 4 and part 9 discuss the barriers to participation in precinct caucuses. I’m glad to know Brennan and Sterzenbach are taking those problems seriously. Many Democrats who otherwise consider themselves inclusive have dismissed any criticism of the caucus system on this front. Introducing absentee ballots or proxy votes could address the problem, though each would also complicate the process in different ways–especially during the “realignment” period for caucus-goers whose first choice fell below the 15 percent threshold.

I hope IDP leaders will also be open to hearing about other ways the Iowa caucus system distorts Democratic voter preferences. Part 5, part 7 and part 8 of Bleeding Heartland’s Iowa caucus series discussed some of the problems created by caucus math. Instead of the “one person, one vote” principle that applies to all other elections, Iowa Democrats in some precincts can influence many more delegates than others, because of disparate caucus and general election turnout. Meanwhile, skilled operatives can sometimes manipulate the math, so that the number of delegates allocated to each candidate may not reflect the proportion of supporters in the room.

Any comments about the Iowa caucus system are welcome in this thread.  

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No casino for Cedar Rapids

The State Racing and Gaming Commission voted 4-1 this morning against allowing a new casino to be built in downtown Cedar Rapids. Last year Linn County voters approved a casino referendum by a 20-point margin. Even some opponents of the project believed its construction was inevitable, given the political connections of the group hoping to build in Cedar Rapids. However, today’s vote is in line with the precedent of approving gambling licenses only where new casinos would not “cannibalize” from existing ones in Iowa. Four years ago, the Racing and Gaming Commission rejected applications for casino projects in Fort Dodge, Ottumwa and Tama County, despite public approval of all three plans. Multiple studies indicated that the Cedar Rapids casino would draw much of its business from Iowans who now visit casinos in Riverside or Waterloo.

I will update this post as needed with political reaction to today’s vote. Although many Bleeding Heartland readers will be disappointed, I agree with economists who have argued that the “interior casinos” not near Iowa borders do not promote economic development. Meanwhile, new casinos incur significant social costs.

Already I’ve seen several Cedar Rapids residents asking whether the CEO of the Riverside casino will build the waterpark he promised last year, if Linn County voters rejected the casino project. Don’t hold your breath.

UPDATE: In his report for the Cedar Rapids Gazette, Rick Smith noted that Cedar Rapids Mayor Ron Corbett “served in the legislature with three of the five members of the Iowa Racing and Gaming Commission.” Former Iowa House Republican and Iowa Senate Republican Jeff Lamberti both voted no this morning. Dolores Mertz, who used to be the most conservative Iowa House Democrat, was the only commissioner to vote yes.

SECOND UPDATE: Further thoughts and more reaction are after the jump.

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IA-02: First-quarter fundraising news roundup

Three candidates qualified for the Republican primary ballot in Iowa’s second Congressional district, but the latest fundraising reports suggest that Mariannette Miller-Meeks will get a third chance at beating Representative Dave Loebsack.

Follow me after the jump for details on the first-quarter reports each candidate in IA-02 filed with the Federal Election Commission.

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Mid-week open thread: Who could have imagined?

Here’s your mid-week open thread, Bleeding Heartland readers: all topics welcome.

I have been thinking about the latest Iowa Supreme Court decision a lot today. A year ago, I would have sworn that as long as Terry Branstad remains governor, there’s nothing anyone can do for the thousands of ex-felons permanently disenfranchised in this state. Branstad couldn’t wait to sign that executive order as soon as he was back in office. Under the convoluted procedure he created, only a small fraction of 1 percent of those who have completed their prison terms have managed to regain their voting rights.

The day State Senator Jack Hatch declared his candidacy for governor, I could never have imagined the unlikely chain of events that followed. First, arch-rivals Tony Bisignano and Ned Chiodo set their sights on Hatch’s Iowa Senate seat. Then, Bisignano was caught driving drunk again. Then, Chiodo not only challenged Bisignano’s right to seek office but continued to pursue his case in court after losing before a panel of top state officials. (In contrast, the voter who challenged State Senator Joe Seng’s registration as a candidate in IA-02 two years ago dropped his effort after the same panel determined Seng had qualified for the primary ballot.)

Then, Chiodo refused to take the Polk County District Court’s no for an answer. Still I had no clue where all this was going–until yesterday, when three of the Iowa Supreme Court justices determined that not all felonies should be considered “infamous crimes,” which justify stripping Iowans of their rights as electors. Very soon, one or more non-violent felons are likely to file suit, demanding that their rights be restored. Depending on where Justice Brent Appel comes down on the issue (he recused himself from the Chiodo/Bisignano case), the Iowa Supreme Court may eventually declare unconstitutional the 1994 law defining “infamous crimes” as felonies.

We don’t know whether a majority on the court will take this stance. As Ryan Koopmans points out, the Chiodo ruling came out incredibly quickly. One or more of the justices may change his mind after reflecting on the issues for a while. Still, the potential for a major advance in Iowa voting rights is mind-blowing.  

IA-03: First-quarter fundraising news roundup (updated)

Yesterday was the deadline for Congressional candidates to file quarterly reports with the Federal Election Commission. Because so many candidates are running for Congress this year in Iowa, I’m breaking up these posts by district rather than doing a statewide roundup.

After the jump I’ve enclosed highlights from the first-quarter fundraising and spending reports of Democratic candidate Staci Appel and the six Republicans seeking the GOP nomination in the third district. Spoiler alert: one of the GOP candidates is still carrying debt from a previous campaign.

I also added details below on what retiring ten-term Representative Tom Latham is doing with his substantial war chest.

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IA-04: Jim Mowrer out-raises Steve King for third straight quarter

If this has ever happened before in an Iowa Congressional race, I’m not aware of the precedent: Democratic challenger Jim Mowrer has raised more money than incumbent Representative Steve King for the third straight quarter in Iowa’s fourth district. Not only that, during the first three months of 2014, Mowrer’s fundraising eclipsed King’s by even more than we saw during the third and fourth quarters of 2013.

Details from the reports both candidates filed yesterday with the Federal Election Commission are after the jump.

UPDATE: The Iowa .Gif-t Shop weighs in. I really did laugh out loud.

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Divided Iowa Supreme Court rules Tony Bisignano can run in Iowa Senate district 17 (updated)

A three-way Democratic primary is assured in Iowa Senate district 17, as the Iowa Supreme Court announced this afternoon that it has affirmed a district court ruling on Tony Bisignano’s eligibility to run for office. Rival candidate Ned Chiodo filed a lawsuit last month, saying Bisignano’s recent aggravated misdemeanor conviction for second-offense OWI should be considered an “infamous crime.” The Iowa Constitution disqualifies citizens convicted of “infamous crimes” from exercising the privileges of “electors.”

Chief Justice Mark Cady wrote the plurality opinion, joined by Justices Daryl Hecht and Bruce Zager. Overturning Iowa Supreme Court precedents set in 1916 and 1957, the court ruled that “infamous crimes” cannot be interpreted to mean any crime punishable by a prison sentence, including aggravated misdemeanors. On the other hand, the court did not simply accept the 1994 law defining “infamous crimes” as felonies. Citing historical references including an 1839 Iowa territorial statute, the plurality argues that not all felonies are “infamous,” and that the words had different meanings at the time the Iowa Constitution was adopted in the 1850s. It did not go on to define which felonies should be considered infamous crimes in the present context.

Justice Edward Mansfield wrote a concurring opinion, joined by Justice Thomas Waterman. The concurrence agrees that Bisignano retains his rights as an elector, because aggravated misdemeanors cannot be considered “infamous crimes.” However, Mansfield would have accepted the bright-line definition from the 1994 state law, equating felonies with “infamous crimes.” He warned that the plurality opinion would serve as a “welcome mat” for future litigation from felons claiming that they should be entitled to vote, because their convictions were not for “infamous crimes.” On balance, I agree most with Mansfield’s opinion.

Justice David Wiggins dissented, arguing that the court should not have rewritten “nearly one hundred years of caselaw.” He would have found Bisignano ineligible to run for office under the longstanding precedent that “infamous crime” means any crime punishable by a prison sentence. Wiggins’ dissenting opinion does not accept the 1994 law which defined “infamous crimes” as felonies, because interpreting the state Constitution is a job for the Iowa Supreme Court, not the state legislature.

Justice Brent Appel recused himself from this case.

The Iowa Supreme Court did not rule on Chiodo’s separate claim that Attorney General Tom Miller should have recused himself from the panel that allowed Bisignano to remain on the ballot. Chiodo argued that Miller had a conflict of interest, because one of his employees, Assistant Attorney General Nathan Blake, is also seeking the Democratic nomination in Senate district 17.

You can read the Iowa Supreme Court’s three opinions in this case here (pdf). After the jump I’ve enclosed summaries and excerpts from each opinion. I also included a statement from Bisignano hailing the ruling and announcing several more labor union endorsements.

One thing’s for sure: today’s ruling won’t be the last attempt by the Iowa Supreme Court to clarify the definition of “infamous crimes.”

UPDATE: Added Nathan Blake’s comment below. SECOND UPDATE: Added more thoughts about the implications of this case.

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Cautionary note for early Iowa voters

A growing proportion of Iowans have chosen to vote early during the last few election cycles. During the 2012 presidential election, 43.2 percent of Iowans who participated cast early ballots. In yesterday’s Des Moines Register, Jason Noble highlighted a problem that has and will continue to nullify the votes of some of them: missing postmarks on ballots that arrive after the general election. Post offices do not always postmark envelopes without a stamp. That’s not a problem when county auditors receive mailed absentee ballots before election day, but current Iowa rules instruct auditors to throw out ballots that arrive late, unless a postmark proves they were mailed on or before the day before the election.

Iowa lawmakers discussed several ideas for addressing the problem, but lack of consensus led them to drop the issue this year. After the jump I’ve posted an excerpt from Noble’s piece.

As things stand, Iowans who plan to vote early either in the 2014 primary or general elections can do a few things to make sure their votes count:

1. Mail in your absentee ballot well before election day, to ensure that it arrives on time.

2. Hand-deliver your absentee ballot to your county auditor’s office.

3. Place a stamp on your absentee ballot envelope, so that the post office will have to put a postmark on it.

4. Vote early in person, either at the county auditor’s office or (for the general election) at a satellite location. I prefer this option, because I know for sure that my ballot got to the right place on time. If you take this route, I recommend reviewing a sample ballot online first, so that you have time to research ballot initiatives and candidates for more obscure offices.  

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Des Moines metro residents among country's most satisfied

Via Julie Zeveloff at Business Insider, I see that the Des Moines/West Des Moines metro area ranked eighth on Gallup’s latest survey measuring how satisfied Americans are with their city of residence. The latest Gallup-Healthways Well-Being Index is based on 531,630 interviews the polling firm conducted in 189 metropolitan areas throughout 2012-2013. Data collected are based on at least 300 respondents from each metro area. Click through for the full chart. About 92.2 percent of respondents in the Des Moines metro area said they were satisfied with where they live, not far off the highest satisfaction reported, 94.9 percent in the Fort Collins and Loveland, Colorado area.

The Omaha/Council Bluffs metro fell just outside the top ten, with a 91.6 resident satisfaction rate, according to Gallup. The Quad Cities area ranked 75th out of the 189 metros; 86.6 percent of adults surveyed were satisfied to live in the area. Cedar Rapids was a lot lower in the rankings (112th) but not much different in terms of satisfaction: 84.4 percent.

Judging from Gallup’s data, Americans are surprisingly content with their cities of residence. Even at the bottom of the table in Rockford, Illinois, more than 72 percent of respondents said they were satisfied. I would guess this data point reflects the relatively low barriers to moving in the United States, compared to some other countries. Many of those who hate where they live are able to pull up roots and try somewhere else, depending on their priorities (job prospects, cost of living, family nearby, mild weather, proximity to mountains or ocean, good schools or other amenities).

Another look at the uncontested Iowa House districts

Over at the Smart Politics blog based at the University of Minnesota’s Humphrey School of Public Affairs, Eric Ostermeier takes a look at the uncontested Iowa House districts today. He leads with this surprising fact: “Iowa Republicans failed to field candidates in a party record 32 State House districts this cycle.” I recommend clicking through to read his whole post, which explores historical trends in Iowa House candidate recruitment for both parties.

Bleeding Heartland previously commented on the uncontested Iowa House races here. After the jump I’ve posted my thoughts on Ostermeier’s analysis.

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At least 12 Iowans disenfranchised in 2012 presidential election

Secretary of State Matt Schultz’s crusade to stop voter fraud in Iowa has uncovered a couple dozen allegedly ineligible voters who registered (not all of whom voted). The only person prosecuted for fraud was acquitted in less than an hour. I would bet that several people who pleaded guilty to lesser charges to avoid the risk of a trial would have been acquitted as well, since no evidence suggests they knew they weren’t entitled to vote.

Meanwhile, via John Deeth I see that Schultz has now admitted that twelve Iowans had their ballots improperly thrown out during the 2012 presidential election, because their names wrongly appeared on lists of ineligible felons. I’m surprised the number isn’t substantially higher than twelve, since we already knew that three voters in Cerro Gordo County alone were deprived of their constitutional rights. UPDATE: No one will ever know how many more Iowans did not attempt to register or cast a ballot because of confusion over their eligibility.

Schultz is creating a task force to resolve inaccuracies in the I-Voters felons file and has ordered county auditors “to work with local law enforcement, county attorneys and county clerks of court to make sure the felon status information is accurate” before special precinct boards decide whether to count provisional ballots cast by voters who appeared on the felon’s list. I’m so naive that I assumed local officials were already conducting those checks before throwing out people’s votes.

Schultz was not ashamed by a jury’s rapid-fire acquittal of a southeast Iowa woman, saying she won’t be able to “cancel out the vote of anyone in the future.” At the very least, he owes a public and abject apology to the Iowans whose votes were tossed because of a flawed procedure for screening out felons. He may also end up having to return federal funds used for his criminal investigations–or maybe his successor will be left to clean up that mess. Schultz opted to run for Congress in Iowa’s third district rather than seek a second term as secretary of state.

Weekend open thread: Church and state edition

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

The non-profit advocacy group Secularity USA brought world-famous evolutionary biologist Richard Dawkins to Des Moines on Saturday. I couldn’t make it to the event; if you were there, please share your impressions. The mission of Secularity USA is to raise public awareness “of the dangers of religious bias in government and promoting the traditional separation of church and state.” While Dawkins is a well-known atheist, Secularity USA seeks to unite “religious and nonreligious supporters of church-state separation.”

Governor Terry Branstad signed a proclamation this week inviting “all Iowans who choose to join in thoughtful prayer and humble repentance according to II Chronicles 7:14 in favor of our state and nation to come together on July 14, 2014.” I wouldn’t go so far as one blogger, who declared that Branstad “signed away separation of church and state,” but it does seem inappropriate for the governor to lend his support to such a specific religious movement. The “Prayer 7-14-14” group, which is calling for the national day of prayer, sounds pretty far out there. Endorsing this project is different from routine appearances by governors at prayer breakfasts, or the prayers that typically open daily sessions in the Iowa House and Senate.

I wonder whether the governor’s staff sensed that he crossed a line, because I didn’t see any announcement of this event on the governor’s official news feed. Normally that feed highlights several proclamation signings each week. It mentioned more than half a dozen other documents Branstad signed this past week–including, ironically, a proclamation for Muslim Recognition Day. Perhaps Branstad viewed inviting Iowans to pray on July 14 as nothing more than empty pandering to the FAMiLY Leader contingent, which is promoting the national prayer day. The governor hasn’t elevated social conservative goals in most of his public speeches or in his legislative agenda.

Former Vice Presidential nominee Paul Ryan headlined an Iowa GOP fundraiser in Cedar Rapids last night. O.Kay Henderson posted the audio at Radio Iowa. As usual for Ryan, he said little about social conservative priorities, focusing instead on federal budget and tax issues, Obamacare, and the need for Republican unity. But he did nod to his religious heritage by urging his audience to give up “infighting,” “tunnel vision,” and “acrimony” for Lent.

Last month I never managed to post a thread on one of this year’s biggest news stories related to church-state separation: the U.S. Supreme Court considering what has become known as the Hobby Lobby case. After the jump I’ve posted six links on the oral arguments in that case, which will determine whether two corporations are entitled to a religious exemption from the 2010 health care reform law’s contraception mandate.  

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Kathleen Sebelius legacy discussion thread

U.S. Health and Human Services Director Kathleen Sebelius is stepping down, news broke last night. Hours earlier, Sebelius told members of Congress that an estimated 7.5 million Americans had signed up for health insurance through the state and federal exchanges created under 2010 health care reform law. A statement from the HHS department hailed her “work on Head Start, to expanding mental health coverage, to advancing cutting-edge health care research and, of course, her unwavering leadership in implementing the Affordable Care Act.”

Naturally, instant commentaries on Sebelius’ departure have highlighted the disastrous rollout of the Healthcare.gov website. I thought she should have resigned last fall. Even though the technical failure wasn’t entirely her fault, someone should have been held accountable. Igor Volsky took a more generous view, praising Sebelius’ work with Republican governors on alternatives to Medicaid expansion. She also convinced some of them, including Iowa’s Terry Branstad, to “form partnership health care exchanges in which the federal government and the state would share responsibilities in running the marketplaces.”

All in all, I think Sebelius could have done the country more good by staying in Kansas. As governor, she could have continued to block new coal-fired power plants and veto lunatic bills coming out of the state legislature. Plenty of people could have done at least as well, if not a better job, running HHS and implementing the Affordable Care Act.

What do you think, Bleeding Heartland readers?

President Barack Obama will appoint Office of Management and Budget Director Sylvia Mathews Burwell to replace Sebelius. Juliet Eilperin and Amy Goldstein reported, “Although Burwell does not have an extensive background in health-care policy, she is known for her strong management skills and has experience in issues of poverty and global health issues from her time at the Bill and Melinda Gates Foundation. Moreover, she is popular on Capitol Hill. The Senate confirmed her as OMB director 96 to 0 almost exactly a year ago.” Some Republicans are already praising her, and in any event, the 60-vote threshold for confirming presidential appointees no longer applies in the Senate.

End of two eras: Stephen Colbert to replace David Letterman on CBS Late Show

It’s been nearly twenty years since I watched David Letterman regularly, so I didn’t take much notice when he announced recently that he will retire sometime in 2015. Today’s news hits home, though: Stephen Colbert will end his run at Comedy Central to replace Letterman on the CBS Late Show next year.

The Colbert Report is the late-night program I’ve watched most often during the past several years, even more than The Daily Show. I am concerned about how Colbert will make the transition from performing as a right-wing caricature to playing it straight on a major broadcast network. Still, I can’t blame him for wanting to make a change after what will be a full decade at The Colbert Report. Supposedly he plans to bring his whole writing team with him to CBS, so that’s promising.

Any comments about Letterman or Colbert are welcome in this thread. The word “legendary” is overused, but Colbert’s performance at the 2006 White House Correspondents’ Dinner was one of the greatest comic routines I’ve ever seen. You can find the video on various YouTube pages and read the full transcript here.

Branstad, key Iowa House Republicans more open to medical cannabis

Governor Terry Branstad has opposed efforts to legalize marijuana for medical use in Iowa, but on Monday he he signaled that he is open to taking a small step forward this year.

[I]t looks like we could end up with something that’s very limited in focus, like as passed recently in Utah and Alabama,” Branstad said. “I’m certainly working with legislators to see if there’s a possibility to work something out on that before the legislature adjourns.”

The new Utah law allows extract in oil form, but not smoking marijuana to treat a medical condition. Along the same lines, James Q. Lynch reported stunning news: Iowa House Public Safety Committee Chair Clel Baudler is open to legalizing the use of medical cannabis, in oil form. After meeting with parents whose children suffer from seizure disorders, Baudler said, “These little kids are taking some drugs that are really hot […] So if we educate ourselves and possibly we can give them some relief, that’s a good thing.”

Last summer, Baudler bragged that he would wear as a “badge of honor” his designation as one of the country’s ten worst state legislators, according to the Marijuana Policy Project.

He and Iowa House Speaker Kraig Paulsen indicated that to have any chance of passing the Republican-controlled House, a bill to legalize the use of cannabis would have to exclude marijuana that can be smoked. That will disappoint Iowans suffering from cancer, severe pain, or debilitating chronic diseases like multiple sclerosis. Smoking marijuana can ease nausea and other symptoms in such patients. Speaking to Lynch, Baudler said people who want to use cannabis to treat conditions other than seizure disorders should “Move to Colorado.”

Even limited progress on this issue is welcome, but I hope Iowa lawmakers will move forward with a broader study of medical cannabis programs.

UPDATE: Iowa Senate Majority Leader Mike Gronstal is willing to help “move a limited bill on medical cannabis oil forward.” Senate Minority Leader Bill Dix is non-committal for now.  

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IA-Sen, IA-Gov, Iowa caucus: Highlights from the new Suffolk poll

The Suffolk University Political Research Center asked 800 Iowa “likely voters” about this year’s biggest races. The margin of error for the survey, conducted between April 3 and April 8, is plus or minus 3.5 percent. Suffolk’s press release summarizing the highlights is here. Full results are here (pdf). Tables are here (pdf).

Representative Bruce Braley leads all Republican rivals for U.S. Senate in the first Iowa poll conducted after Braley’s comments about Senator Chuck Grassley gained wide attention. Braley is still better-known than the GOP candidates, and more Iowans have a favorable than unfavorable impression of him. The bad news for Braley is that he is below 40 percent against each of the Republican candidates.

Suffolk’s poll indicates that the GOP IA-Sen primary is now a two-tier race, with State Senator Joni Ernst and Mark Jacobs each commanding more than 20 percent support, and the other candidates in the single digits. That makes sense, since Ernst and Jacobs have the most establishment support and are the only Senate candidates who have been able to raise their name recognition through paid advertising. But 40 percent of respondents were undecided.

Governor Terry Branstad’s still in positive territory, with 48.5 percent of respondents viewing him favorably and about 35.4 percent unfavorably. His lead over Democratic State Senator Jack Hatch is smaller in this poll than in any other Iowa survey I’ve seen, though: 42.4 percent to 32.1 percent.

Among respondents who said they are likely to participate in the 2016 Democratic caucuses, 63 percent favor Hillary Clinton. U.S. Senator Elizabeth Warren was far behind with 12 percent, followed by Vice President Joe Biden with 10 percent. It’s hard to say who is really in second place, since the margin of error for the Democratic caucus-goer subsample is quite large (plus or minus 8.4 percent). Nevertheless, Clinton clearly maintains a commanding lead.

I wouldn’t read much into the Iowa GOP caucus results from this survey. All the potential presidential candidates (Mike Huckabee, Rick Santorum, Rand Paul, Jeb Bush, Ben Carson, Chris Christie, Paul Ryan, Scott Walker, Sarah Palin, Marco Rubio, and Condoleezza Rice) are clumped close together, between 6 and 11 percent support. That’s within the the margin of error of plus or minus 8.7 percent for that subset of the Suffolk poll.

Supreme Court declines to hear challenge to Iowa's corporate contributions ban

On Monday the U.S. Supreme Court announced that it would not hear Iowa Right to Life’s appeal challenging a state law that bans corporations from making campaign contributions, Colin Smith reported at the On Brief legal blog. Last summer, a panel for the Eighth Circuit Court of Appeals upheld Iowa’s ban on direct corporate contributions to candidates while striking down some of the campaign finance disclosure rules Iowa Right to Life had challenged. You can read Iowa Right to Life’s appeal to the Supreme Court here (pdf).

Smith commented,

There had been some interesting speculation that the High Court might decide to hear the plaintiff’s arguments regarding the constitutionality of Iowa corporate contribution law on the merits, especially since the U.S. Supreme Court just handed down another blockbuster election law case this month. […]

The Supreme Court’s refusal to hear the Tooker challenge to Iowa’s corporate contribution ban effectively means that Iowa’s law will remain in place for now, although the Court’s order today does not necessarily foreclose the possibility that another enterprising plaintiff might try another challenge in the future.

Any relevant comments are welcome in this thread.

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Time for Iowa State to cancel VEISHEA permanently

Yet again, “VEISHEA” celebrations in Ames have degenerated into a riot. This time a student was injured badly enough to be life-flighted from the scene, on top of the substantial property damage we’ve seen too often. VEISHEA is supposed to be a celebration of Iowa State University pride, but I think campus leaders need to accept that they can’t stop a small percentage of drunken idiots from ruining the festival for everyone. Administrators have given students plenty of chances to prove they can get VEISHEA right.

Although it may seem unfair to punish everyone for the behavior of a small group, we’re not talking about a handful of troublemakers. Hundreds or perhaps thousands of people were involved in last night’s riot. This isn’t the first, second or even third riot during VEISHEA. The recurring problem makes the whole university look bad. Most colleges and universities get by without a weeklong party every spring. It’s time for Iowa State to join them.

Comments from Ames police Commander Geoff Huff and ISU President Steven Leath are after the jump.

UPDATE: Leath announced on April 9 that the rest of this year’s planned VEISHEA events will be cancelled. A task force will determine what happens in future years.

Leath said VEISHEA will be completely refocused on what it used to be or it will be eliminated.

“The problems revolving around alcohol, house parties — these issues have to go away,” said Leath.

I hope the task force will also review acts of violence that don’t generate media coverage or attention. For instance, I would like to know whether sexual assaults on campus typically increase during VEISHEA week.

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Fewer Iowa lawyers seeking judgeships

The applicant pool for Iowa’s judicial vacancies has been declining in recent years, Mike Wiser reported for the Waterloo-Cedar Falls Courier on March 30. Iowa courts administrator David Boyd has been analyzing trends across the state and concluded that during the past decade, “The applicant pools [for District Court judgeships] were shrinking not only in terms of quantity but in quality, too.”

Applications for court vacancies are down by about half of what they were 10 years ago in four of the eight judicial districts, and down by a third in another two, according to Boyd’s figures.

Wiser’s article identifies three main reasons for the trend. First, District Court judges earn an annual salary of $138,130, which is well above the state average but below what high-performing attorneys can earn in private practice. Iowa Supreme Court Chief Justice Mark Cady asked state legislators to increase judges’ pay by 4.5 percent, but State Representative Gary Worthan, who chairs the Iowa House Appropriations subcommittee on the judicial system told Wiser, “we’ve got other priorities this year.”

Second, years of state budget cuts to court support staff have also made the work of a judge less appealing, according to several people Wiser interviewed.

Finally, University of Iowa School of Law professor Patrick Bauer and others cited the successful 2010 campaign against retaining three Iowa Supreme Court justices. That crusade was the first and perhaps the last time a politically unpopular ruling ended judges’ careers in Iowa. Nevertheless, it has deterred some attorneys from aspiring to become judges. Bob Vander Plaats and his fellow social conservatives failed to end marriage equality in Iowa, but they have left their mark on the judicial system.

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Do minority party state legislators need to show up for work?

The Des Moines Register ran a front-page feature today on retiring Republican State Senator Hubert Houser. Having served for ten years in the Iowa House and twelve in the Iowa Senate, Houser stopped showing up for work at the statehouse in early March. He plans to return only for “a day or two” at the end of the session. He has taken on more responsibilities at his family farm and contends that he doesn’t need to be at the capitol, since Republicans are the minority party. They can’t bring their own bills to the Iowa Senate floor and don’t need Houser’s vote.

On the one hand, I can imagine minority lawmakers must get tired of spending days at the Capitol, not accomplishing much while thinking about all the work that needs to be done at home. On the other hand, the Iowa legislature is only in session a few months of the year. Houser’s constituents elected him to do a job. He’s collecting a salary for work he isn’t doing.

Asked to comment on Houser’s prolonged absence today, Governor Terry Branstad said, “I respect individual legislators’ right to make the decisions that they make with regards to their vote and things like that,” adding that Houser has been a “great representative for the people of southwest Iowa.”

Missed Iowa Senate votes may become a salient issue in the U.S. Senate race. In early March, Rod Boshart was the first to start tallying GOP State Senator Joni Ernst’s many excused absences during this year’s legislative session. Only a few of the missed days could be chalked up to National Guard duty; others were related to campaigning or fundraising for her U.S. Senate bid. Ernst’s short political career doesn’t open up many lines for attack, but this will be a big one for Democratic candidate Bruce Braley if he faces Ernst in the general election. Republican blogger Craig Robinson, who is supporting Mark Jacobs in the IA-Sen GOP primary, has repeatedly called attention to Ernst missing Iowa Senate votes this year. I would not be surprised to see Jacobs’ campaign, or some dark money entity supporting him, make this case against Ernst before the June primary. Nick Ryan (best known to Bleeding Heartland readers as the head of the American Future Fund) is handling direct mail for the Jacobs campaign.

UPDATE: Speaking to the Des Moines Register, Secretary of the Senate Michael Marshall said Houser is still taking both his legislator’s salary ($25,000 annually) and per diem expense reimbursement payments. Marshall said Ernst “has sometimes asked not to be provided legislative per diem payments for certain days.”

Speaking to WHO-TV, Ernst said she has missed five days in the Iowa Senate this year for campaign-related activities.

SECOND UPDATE: Sounds like Iowa Senate Minority Leader Bill Dix leaned on Houser, who is now planning to show up for work and indicated that he will return per diem expense payments for days he’s missed.

Weekend open thread: Horrible Supreme Court ruling edition

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

So much election-related litigation in the news this past week: the Iowa Supreme Court rejecting Jonathan Narcisse’s quest for a spot on the Democratic primary ballot for governor, a Polk County District Court rejecting Ned Chiodo’s efforts to knock Tony Bisignano off the ballot in Iowa Senate district 17, and Secretary of State Matt Schultz asking the Iowa Supreme Court to overturn a lower court ruling on voter roll maintenance procedures.

I didn’t manage to write up the country’s most important election law story: on Wednesday the U.S. Supreme Court struck down aggregate limits on individual donations to federal candidates and political parties. Click here (pdf) to read Chief Justice John Roberts’ majority ruling in McCutcheon v. Federal Election Commission on behalf of four justices, Justice Clarence Thomas’ concurring opinion, and Justice Stephen Breyer’s dissent, joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. Breyer warned that the majority’s ruling used “faulty” legal analysis based on “its own, not a record-based, view of the facts.” Creating “a loophole that will allow a single individual to contribute millions of dollars to a political party or to a candidate’s campaign,” the McCutcheon decision along with the 2010 Citizens United ruling (also a 5-4 split) “eviscerates our Nation’s campaign finance laws” in Breyer’s view.

Here are some good opinion and analysis pieces on the Roberts decision, from Lyle Denniston at the SCOTUS blog, Garrett Epps at The Atlantic, and Robert Weissman, president of the nonprofit consumer advocacy organization Public Citizen.

Not surprisingly, Iowa’s Republican U.S. Senator Chuck Grassley expressed support for the McCutcheon decision, equating money in politics to free speech. Democratic Senator Tom Harkin was discouraged, predicting that the ruling will diminish “public interest in politics” and continue the country’s drift toward “more and more influence by the wealthy and those who have money in politics.”  

Schultz appeals to Iowa Supreme Court on voter citizenship checks

On behalf of Secretary of State Matt Schultz, the Iowa Attorney General’s office has asked the Iowa Supreme Court to review last month’s District Court decision invalidating a proposed rule that has been one of Schultz’s priorities. As Bleeding Heartland discussed here, the rule would allow the Secretary of State’s Office to check Iowa voters’ citizenship status against a federal database. Registered voters suspected of not being citizens would be informed by mail. Those who cannot prove their citizenship or do not respond within 60 days would be removed from the voter rolls.

Polk County District Court Judge Scott Rosenberg determined that Schultz overstepped his authority when he promulgated the rule. His decision in favor of the American Civil Liberties Union of Iowa and the Iowa League of United Latin American Citizens did not address a separate legal question: whether Schultz’s rule violated the right to vote.

If the Iowa Supreme Court overturns last month’s decision, that would mean only that the Secretary of State had the authority to establish the new rule in the absence of legislative action. Further litigation would determine whether the procedure Schultz envisioned could intimidate eligible voters or deprive them of their rights.

I expect the Iowa Supreme Court to uphold the District Court ruling. Regardless, the appeal may boost Schultz’s standing with Republican primary voters in the third Congressional district. They will love this part of yesterday’s press release from the Secretary of State’s Office:

“I have fought for integrity and voter’s rights.  We can’t allow non-citizens to cancel out the vote of Iowans, but at the same time, anyone accused deserves due process.  My rule gives voters more due process and protects the integrity of the vote,” Schultz said.

Any relevant thoughts are welcome in this thread. Schultz’s use of the phrase “due process” suggests to me a fundamental misunderstanding of his role. The Secretary of State is an administrator, not a law enforcement official.  

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Q: When do Iowa Democrats talk like Steve King?

A. When doing so serves Big Ag’s interests.

Yesterday the Iowa House approved House Resolution 123, which requests “that all necessary and immediate action be taken by the State of California, the United States Congress, the United State Attorney General, state legislatures, state governors, and state attorneys general to effectuate the repeal of California legislation enacted as AB 1437 that unconstitutionally infringes upon the Commerce Clause of the Constitution of the United States to the detriment of this nation’s consumers and farmers.”

U.S. Representative Steve King has been on the warpath against the supposedly “unconstitutional” California law for some time. After he failed to get language overriding the egg regulations into the new Farm Bill, several state attorneys general filed suit in federal court. Last month Governor Terry Branstad joined that lawsuit, saying the California law “discriminates against Iowa’s egg producers.”

Thirteen Iowa House Democrats joined all 53 Republicans to co-sponsor House Resolution 123 (full text here). The Democrats were Bruce Bearinger, Nancy Dunkel, John Forbes, Bruce Hunter, Jerry Kearns, Dan Kelley, Helen Miller, Dan Muhlbauer, Joe Riding, Patti Ruff, Sally Stutsman, Roger Thomas, and Frank Wood. Reading from the resolution on the Iowa House floor yesterday, State Representative Helen Miller parroted the same talking points we’ve heard from King before. Supposedly Iowa egg farmers “can’t” sell their products in California anymore, which “unconstitutionally infringes upon the commerce clause of the Constitution of the United States.” Sorry, no. That law does not establish a higher bar for out-of-state producers than for in-state producers. Nor does it force any course of action on Iowa egg farmers. They will simply face the same choice any number of manufacturers face regarding any number of state laws: either comply with the relevant state’s requirements, or sell your products elsewhere.

Some of the House Democrats who co-sponsored this resolution represent rural or suburban districts that will be competitive this year. Others, including Miller, are unopposed or represent urban districts that Republicans have no prayer of winning. Before taking Steve King’s word for it on matters of constitutional law, they should have consulted Iowa Attorney General Tom Miller. He didn’t sign on to the lawsuit Branstad joined, I suspect because he sensed the case is weak. U.S. Secretary of Agriculture Tom Vilsack was not a fan of King’s efforts to overturn the California law either.  

Former administrative law judge sues state, Iowa Workforce Development Director Wahlert

The former Chief Administrative Law Judge for Iowa Workforce Development filed suit yesterday in Polk County District Court against the State of Iowa and Iowa Workforce Development Director Teresa Wahlert. You can read the full text of Joseph Walsh’s lawsuit here (pdf). After the jump I’ve posted an excerpt from his case. Walsh alleges that the IWD director “interfere[d] with the administrative judicial process in order to favor employers,” attempted “to illegally strip [Walsh] of his merit protection,” and eventually retaliated by removing him in “a political reorganization disguised as a budget layoff.”

I’ve also enclosed below a statement Wahlert released yesterday, denouncing the “frivolous lawsuit.” Wahlert contends that while serving as chief administrative law judge, Walsh failed in basic management responsibilities.

Last month, Democratic State Senator Bill Dotzler asked the U.S. Department of Labor to investigate claims that Wahlert interfered with the work of Iowa’s administrative law judges, hoping to secure more favorable outcomes for employers in unemployment cases. Governor Terry Branstad rejected Dotzler’s allegations against Wahlert without conducting any internal review of the matter.

At a press conference in Des Moines on April 3, Walsh asserted that “in many ways this administration is tearing the Department of Workforce Development down.” Wahlert’s agency was at the center of political controversy in 2011, when the Branstad administration moved to replace dozens of Iowa Workforce Development field offices around the state with hundreds of computer terminal access points. That reorganization led to a lawsuit and eventually an Iowa Supreme Court ruling that the governor had overstepped his authority by striking legislative language about the IWD offices without vetoing the money allocated to fund those offices.  

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Court rejects challenge to Bisignano candidacy in Iowa Senate district 17

Polk County District Court Judge David Christensen on April 2 rejected Ned Chiodo’s appeal against a panel decision allowing Tony Bisignano to run for Iowa Senate district 17. Chiodo, Bisignano, and Nathan Blake all qualified for the Democratic primary ballot in the seat Senator Jack Hatch is vacating in order to run for governor. Chiodo challenged Bisignano’s eligibility to run for office, citing a drunk driving offense that is an aggravated misdemeanor. A panel of Attorney General Tom Miller, State Auditor Mary Mosiman, and Secretary of State Matt Schultz concluded that Bisigano could run, because Iowa Code specifies felony convictions (not aggravated misdemeanors) as disqualifying citizens from voting or running for office.

Chiodo’s appeal in Polk County District Court rests on two legal arguments: Miller should have recused himself from the panel deciding whether Bisignano is eligible, and Bisignano’s second-offense OWI should be considered an “infamous crime” under Iowa case law. Judge Christensen concluded that Chiodo “failed to assert sufficient grounds to disqualify the Attorney General from serving on the Panel,” nor was Chiodo “prejudiced by the inclusion of the Attorney General in the Panel.”

After the jump I’ve posted the second half of Judge Christensen’s ruling. Although three Iowa Supreme Court decisions indicate that crimes punishable by a prison sentence can be considered “infamous crimes,” the Iowa legislature has since spelled out its clear intention to revoke the rights of electors only in cases of felonies. The judge denied Chiodo’s petition for review, since he “failed to carry his burden to show that the Panel’s decision was unconstitutional,” and there was no evidence that decision was “based upon an erroneous interpretation of a provision of law,” or illogical, arbitrary, capricious, or an abuse of discretion. The judge ordered Chiodo to pay court costs.

The Iowa Supreme Court is likely to have the final say on this matter, but I find it hard to imagine they will disqualify Bisignano. Doing so would potentially disenfranchise tens of thousands of Iowans with aggravated misdemeanor convictions.

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Iowa marriage equality five-year anniversary thread

Five years ago today, the Iowa Supreme Court announced its unanimous decision in Varnum v Brien, striking down our state’s Defense Of Marriage Act. Some Democratic politicians welcomed the change, while others were more circumspect or ducked the issue for a few days. The early Iowa Republican reaction to the court ruling will sound more pathetic and cowardly with each passing year.

At this point I can’t see any realistic path for conservatives to undo marriage equality. Even if Republicans held their Iowa House majority and gained control of the state Senate (which I consider unlikely), passing a constitutional amendment in both chambers in two separately elected legislatures would be a heavy lift. Last year and this year, an amendment to ban same-sex marriages didn’t even make it through committee in the Republican-controlled Iowa House.

Bob Vander Plaats spent most of 2009 and 2010 trying to take rights away from same-sex couples and force justices off the Iowa Supreme Court. Five years ago today, he was the front-runner in the GOP race for governor. Now he’s out hawking a book. His standing among Iowa Republicans has fallen so far that he is essentially invisible in the Congressional campaign of Robert Cramer, a guy who donated $30,000 to “Team Vander Plaats” during the 2010 election cycle.

Somehow my hetero union has survived five years of sharing rights with Iowa’s LGBT couples. And it’s not just my marriage soldiering on: the latest statistics show Iowa’s divorce rate at its lowest point since 1968. Several factors account for the trend, including the high cost of divorce and more couples delaying or forgoing marriage. Regardless, it’s nice to see the divorce rate falling, because if the trend were going the other way you can be sure self-styled “marriage defenders” would blame the “homosexual agenda,” among other things.

Any relevant comments are welcome in this thread. Highlights from the latest Des Moines Register poll findings on gay marriage are after the jump.

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Mid-week open thread: Signs of spring in Iowa edition

Although another winter storm is forecast to hit northern Iowa later this week, spring marches on, and with it returns the central Iowa butterfly forecast, updated every two weeks. I haven’t seen any butterflies yet this year, but several people I know have spotted them within the past week.

During the past two days, ruby-throated hummingbirds have been seen in southern Illinois and Missouri. The only hummingbird species native to the Midwest, these birds usually arrive in central Iowa by May 1.

The federal government is asking for the public’s help in monitoring and preserving native bat populations, threatened by a fungus causing “White-nose syndrome.”

This is an open thread: all topics welcome.

A generous Des Moines business owner got national publicity this week. Ellen DeGeneres gave $10,000 to Derrick Walton, a onetime homeless man who established Chef D’s Rock Power Pizza on the south side of Des Moines. Walton feeds needy people for free at his restaurant on Mondays.

UPDATE: Remarkably, one of the three eggs from the Decorah eagles’ nest hatched on April 2. I would not have thought eagles could successfully incubate eggs through the unusually harsh weather we’ve had since late February.

"Edible forest" coming to Iowa City

An incredible project will take shape soon in Iowa City:

A food forest is a gardening technique or land management system, which emulates a woodland ecosystem using edible trees, shrubs, and herbs. Fruit and nut trees make up the upper level, while berry shrubs, edible perennials, and annuals make up the lower levels. The Wetherby Park Edible Forest will combine aspects of native habitat rehabilitation with edible forest gardening.

Food in the Wetherby Food Forest:

Trees: apple, pear, plum, cherry, mulberry

Shrubs: hazelnut, serviceberry, aronia berry, beach plum, gooseberry, currant, honeyberry

Herbs: strawberry, oregano, thyme, lemon balm, chives, sorrel, lovage

The non-profit group Backyard Abundance is organizing a volunteer day on April 12 to prepare and mulch the future orchard site. Planting will begin in 2015. Backyard Abundance posted detailed design plans and plant lists here (pdf). Iowa City Parks and Recreation is partnering with Backyard Abundance on the edible forest, having previously worked with the group and other volunteers to establish an edible maze in the same park.

After the jump I’ve enclosed more about the new project, which aims to improve public health while using land sustainably and reducing the area’s carbon footprint.

For Iowans who would like to create similar projects in their communities, I highly recommend Darrin Nordahl’s book Public Produce. Nordahl formerly worked for the City of Davenport, where he promoted growing food in public spaces. The Cultivate Hope farm and urban agriculture education center in downtown Cedar Rapids would be a great source of advice and inspiration as well.

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IA-Gov: Iowa Supreme Court rejects Narcisse bid for spot on primary ballot

State Senator Jack Hatch will be unopposed on the Democratic primary ballot for governor. The Iowa Supreme Court issued a short opinion on March 31 affirming without comment a District Court’s decision rejecting Jonathan Narcisse’s claim that he submitted enough signatures to seek the Democratic nomination for governor. The Supreme Court justices agreed to hear the case on an expedited schedule because primary ballots need to be sent to the printer soon. They did not explain the reasoning behind affirming the lower court’s decision. Reports last week indicated that three of the seven Iowa Supreme Court justices would hear Narcisse’s appeal: David Wiggins, Daryl Hecht, and Edward Mansfield. However, the ruling released yesterday indicates that all justices concurred except for Brent Appel, who recused himself.

Speaking by telephone this morning, Narcisse confirmed that he will run a write-in campaign for the Democratic primary. He said he was “disappointed the Supreme Court affirmed the decision without reviewing the evidence.” He acknowledged his campaign’s oversight in not making sure the “governor” line was filled in on all the nominating petitions: “Ultimately, this happened because we messed up, but the law was not equitably applied. This was not a disqualifiable offense.” He particularly objected to how the District Court considered a 2012 election law ruling from Arizona but rejected as evidence the Iowa panel ruling from the same year allowing State Senator Joe Seng to run for Congress, despite missing information on some of his nominating petitions.

Narcisse said he has “no illusions about a write-in campaign” but is compelled to keep talking about issues that need to be addressed, including the “disparity in justice,” the “phony war on drugs which is really a war on the poor,” and Iowa’s “bipartisan alliance brutalizing poor working people.” In his view, Hatch “has not fought the good fight the way he should have.” Narcisse said he has not decided yet whether he would mount a second bid for governor as an independent.

After the jump I’ve posted a more extensive comment from the Narcisse campaign about the lower court’s ruling on his ballot access.

UPDATE: Added a comment below from Alfredo Parrish, who represented Narcisse.

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Political April Fool's thread

I’ve never been a fan of April Fool’s pranks or the April Fool’s Day fake news genre, but my friend Mark Lambert gave me permission to share this story. It made me smile. He was an administrative law judge at the time in the Iowa Department of Inspections and Appeals. Like many state employees, he worked in the Wallace Building near the Capitol.

In 2010, Mark took State of Iowa letterhead and added “Iowa Civil Rights Commission” in a realistic-looking font on it. He got to work before 6 am and hung signs on all the bathroom doors in the Wallace Building saying that due to a new interpretation by the Iowa Supreme Court, gender-specific restrooms were considered a violation of the Iowa Civil Rights Act and the Iowa Constitution, and that all restrooms would now be unisex. “We realize this will take some time before you feel comfortable, but we are confident you will get used to it. In the mean time, please be considerate of your co-workers.” He figured some people would fall for the joke, because this was only a year after the Iowa Supreme Court’s Varnum v Brien decision on marriage.

All of the signs were taken down by 8:30 am, but still–a pretty good April Fool’s prank.

Share any relevant memories in this thread. I wonder which Iowa candidates and elected officials will circulate a fake press release or pull off some publicity stunt today.

IA-03: First look at Robert Cramer's campaign messaging

With six candidates seeking the Republican nomination in Iowa’s open third Congressional district, I’ve decided to focus on individual campaigns rather than news roundups on the whole field at once. Robert Cramer’s up first, since he is already running his introductory ad on television.

Cramer is defining himself as the business mind in the field, not a bad place to be in a GOP primary. Although he is emphasizing his connection to “conservative principles and enduring values,” he is downplaying his social conservative activism. If you need any proof that Bob Vander Plaats’ ship has sailed, even in Iowa Republican circles, look no further than Cramer’s case to primary voters.

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Younkers memories and fire discussion thread

The talk of Des Moines this weekend is the devastating fire which consumed the Younkers building downtown, early Saturday morning. Thankfully, the fire caused no loss of life or serious injuries, but the loss of this historical and architectural landmark is incalculable. Younkers opened in 1899, featuring central Iowa’s first escalators. For generations, the store was the premier local outlet for fashion. Families celebrated special events in the Tea Room.

Investigators don’t know yet what caused the fire and are asking locals to share amateur video footage to assist the inquiry. The Des Moines Register’s photo gallery of the fire is here. Work was underway to convert the building into a mixed-use space, including affordable housing as well as retail. No sprinkler system had been installed yet. UPDATE: The Des Moines Fire Department called in Iowa Task Force 1 and the Bureau of Alcohol, Tobacco, Firearms and Explosives’ federal response team to help assess the damage and search for what caused the blaze.

WHO-TV posted a video of the store at the time it closed for business in 2005. The photographer Matthew Gordon took these shots before renovation work at the site. Members of the Facebook group Lost Des Moines have been sharing photos and stories about the building in its heyday.

Share your own Younkers memories in this thread. Although my family shopped more often at the Merle Hay Mall store, going to the downtown building was an exciting treat, especially if we were able to stop in the Tea Room.

Incidentally, the 1978 fire at the Younkers store in Merle Hay Mall, which claimed the lives of ten store employees, is still the deadliest fire in Des Moines history. The death toll would have been much higher if that fire had broken out while the department store was open. The Register posted a horrifying photo from its archive here.

Weekend open thread: Liberty movement missing in action edition

Here’s your weekend open thread: all topics welcome.

I’d like to hear views from the Bleeding Heartland community on a question that’s been on my mind lately, as the “Liberty” movement ceases to be the dominant force in the Republican Party of Iowa. Why haven’t more people from the large contingent of Ron Paul/Rand Paul admirers stepped up to run in this year’s Iowa Republican primaries?

Despite plenty of speculation, no one associated with Ron Paul’s presidential campaign went for Iowa’s first open U.S. Senate seat in 40 years. Why not? This opportunity won’t come around again soon, not with Senator Chuck Grassley already planning to seek a seventh term in 2016. Did fundraising concerns or some other factor keep Drew Ivers, David Fischer, or others from believing they could run a strong Senate campaign?

In Iowa’s open third Congressional district, none of the six Republican candidates publicly endorsed Ron Paul for president, as far as I know. Nor did any of the three Republicans running against Representative Dave Loebsack in IA-02.

Iowa’s most prominent “Liberty” candidate is Rod Blum in the open first Congressional district. There are a few Paulinistas running in GOP primaries for the Iowa House and Senate, but not as many as I would have expected, given the Liberty movement’s takeover of the Iowa GOP apparatus in 2012.

Danny Carroll to chair Iowa GOP, Gopal Krishna co-chair (updated)

The Republican Party of Iowa’s State Central Committee convened today to choose a successor to A.J. Spiker, who resigned as state party chair to work for U.S. Senator Rand Paul’s RandPAC. Danny Carroll, who became party co-chair in February, was the only person nominated for the chairman’s job. Carroll is a well-known social conservative and lobbyist for Bob Vander Plaats’ FAMiLY Leader organization. He served four terms in the Iowa House before losing his seat to Eric Palmer in 2006, then losing a rematch against Palmer in 2008. In 2010, he was a leading supporter of Vander Plaats’ gubernatorial campaign and famously vowed never to vote for Terry Branstad. Earlier this year Carroll told Radio Iowa that he and the governor have a “cordial” working relationship.

According to Kevin Hall’s liveblog of today’s proceedings, seven of the eighteen State Central Committee members abstained from the vote on Carroll. Later, an Iowa GOP press release indicated that there were no dissenting votes on Carroll’s nomination, prompting several members to tell the Des Moines Register that they inadvertently voted yes on Carroll, “mistakenly thinking they were casting a vote to close nominations and move to ballots.” Hall also argued that it was inappropriate for Iowa RNC Committeewoman Tamara Scott to nominate Carroll, since she and he are both paid lobbyists for the FAMiLY Leader.

Shortly after Carroll’s election, State Central Committee member Gopal Krishna was the only candidate nominated for state party co-chair. He has previously served as party treasurer, and he and Carroll both sought the position of party chair in early 2009. At that time the State Central Committee preferred Matt Strawn.

Carroll and Krishna may not remain in their new jobs for long, since a new Iowa GOP State Central Committee will be elected later this spring. UPDATE: Radio Iowa’s O.Kay Henderson posted audio and highlights from Carroll’s press conference on March 29. He confirmed that he will seek to stay on as party chair after the new State Central Committee takes over.

IA-Sen: Pro-Ernst group and Jacobs campaign pile on Braley

Any Iowans who don’t already know that Representative Bruce Braley disparaged Senator Chuck Grassley at a fundraiser will likely hear about it very soon. Priorities for Iowa announced yesterday that it is spending $250,000 to run a television ad statewide featuring Braley’s remarks. Click through to watch the 30-second commercial. Priorities for Iowa was formed by supporters of Joni Ernst for U.S. Senate. We’ll probably never know who put up a quarter of a million dollars to run their ad, since 501(c)4 groups can keep their donors’ identities secret.

Meanwhile, rival GOP Senate candidate Mark Jacobs just launched a new 60-second radio ad featuring Braley’s comments. Click through to listen.

Lacking the money for paid advertising at this point, the other Republican contenders in the IA-Sen primary have to settle for condemning Braley in social media posts and e-mail blasts to supporters.

Braley’s staff got a couple of reminders yesterday that they need to raise their game. The Des Moines Register’s Jennifer Jacobs dinged the campaign for misspelling the words “baling” and “detasseling” in a press release defending the Democratic candidate’s record on agricultural issues. (For what it’s worth, my spell-checker marked the correct spelling of “detasseling” in red.) Buzzfeed’s Andrew Kaczynski noticed that a stock photo accompanying a Braley Facebook post was of a farm in England, not Iowa.  

Narcisse loses first court battle to run in IA-Gov Democratic primary

For now, State Senator Jack Hatch remains unopposed on the Democratic primary ballot for Iowa governor. Jonathan Narcisse appealed his exclusion in Polk County District Court on Wednesday, citing precedent from a 2012 panel decision allowing State Senator Joe Seng on the primary ballot in IA-02. Yesterday Judge Michael Huppert ruled against Narcisse, saying the missing information on some petitions left those who signed unable to conclude that the candidate was running for governor.

Narcisse’s attorney, Alfredo Parrish, has already appealed the decision. I enclosed after the jump a statement explaining Narcisse’s case. I think he has a valid argument, based on how officials bent the rules to accommodate Seng.

You can read the 2012 Seng decision here (pdf). Pages 4 through 7 contain the most relevant information. Some petitions allowed were missing Seng’s county of residence, which is admittedly a much less serious defect than Narcisse’s petitions leaving blank the line for office sought. But the panel also counted Seng petitions that were missing the Congressional district number. “Likewise, we find that, absent any showing of any intent to mislead by the candidate or confusion on the part of the signatories, the Davis County signature pages that lacked only the congressional district number substantially comply with the intent of section 43.14 and should be counted.” To this non-lawyer, that sounds very close to not telling voters the office you’re seeking. I suppose there is a slight difference if Seng’s petitions showed he was running for Congress, while the disputed Narcisse petitions did not list any office. Iowa’s rules are designed to prevent any “bait and switch” during the signature collection process.

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Profiles in cowardice: Must-pass Medicare bill edition

Members of Congress sometimes go to astonishing lengths to avoid doing their jobs. Rarely working a full five-day week is old news; I’m talking about the procedural gimmicks that let members avoid tough votes on the record. House leaders occasionally move bills through the controversial “deem and pass” method when the majority know something needs to pass but would prefer not to be seen voting for it. In contrast, today Republican and Democratic leaders pulled a fast one on their own back benchers.

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Rick Santorum not ready to back Sam Clovis in IA-Sen race (updated)

Politics ain’t beanbag. As a talk radio host with a sizable conservative audience in northwest Iowa, Sam Clovis must have been a valuable ally for former U.S. Senator Rick Santorum during the 2012 Iowa caucus campaign. Clovis has explicitly modeled his U.S. Senate campaign on Santorum’s grassroots effort. But speaking to Iowa reporters yesterday, Santorum indicated that for now, he is staying out of the GOP primary for U.S. Senate.

“I have a very, very good friend who’s in the race – Sam Clovis who’s a terrific guy, is a good friend and someone who was a great support of mine, you know, Sam’s a #1, top-flight kind of guy,” Santorum says. “Right now I have sort of not gotten engaged in that race. I may.”

But Santorum said he is being selective about his endorsements because, he said, “the more you do, the less effective you are.”

You mean, less effective like endorsing State Representative Walt Rogers for Congress, only to see Rogers bail out of the IA-01 primary?

Santorum was in town yesterday to raise money for Secretary of State Matt Schultz’s Congressional campaign in IA-03. I wasn’t surprised when Santorum backed Schultz, but arguably, Clovis did a lot more to promote Santorum’s presidential aspirations than Schultz with his 11th hour endorsement. For sure Clovis was more influential than Rogers during the Iowa caucus campaign.

Unfortunately for Clovis, money talks, and he hasn’t raised enough of it to run an effective statewide Senate campaign. How tough to be blown off by Santorum, though. As a consolation prize, Clovis got the endorsement of Phyllis Schlafly’s Eagle Forum yesterday. I wonder how many rank and file Iowa Republicans remember Schlafly, a conservative icon of the 1970s and 1980s.

UPDATE: David Bossie’s group Citizens United just endorsed Clovis as “the only full-spectrum conservative” in the IA-Sen race.

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Mid-week open thread: Iowa women in politics edition

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

Calling any Iowa women who have considered running for office: a free two-day seminar with helpful advice for you will take place on April 8 and 9 at the Iowa State Capitol. I’ve enclosed details below on the agenda and how to register. The group “50-50 in 2020” is organizing the seminar in collaboration with The Iowa State Carrie Chapman Catt Center for Women and Politics and The University of Iowa N.E.W. Leadership.

Earlier this month, the Democratic Activist Women’s Network (DAWN’s List) announced its annual award-winners, including State Representative Mary Mascher of Iowa City. The full list is at the end of this post.

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NRCC picks Rod Blum in IA-01, not playing favorites in IA-02 or IA-03

The National Republican Congressional Committee announced its latest batch of candidates for the “Young Guns” program today. Dubuque-based business owner Rod Blum, one of three GOP candidates in Iowa’s open first Congressional district, is among 50 Republicans on the bottom rung, called “on the radar.” Candidates who meet certain benchmarks for fundraising and campaign organization have a chance to move up to “contender” status and perhaps eventually to “young gun” level, which entails more direct support from the NRCC.

During the 2012 primary in IA-01, the NRCC favored establishment candidate Ben Lange over Blum. At this point, Blum is the obvious favorite to win the GOP nomination, with State Representative Walt Rogers out of the race and the other contenders way behind Blum financially.

Last year, the NRCC put IA-02 on its long list of targets and indicated that it was ready to defend Tom Latham in IA-03. None of the three registered GOP candidates in IA-02 or the six registered candidates in the open IA-03 are on the NRCC’s radar yet. Depending on fundraising, the winner of the IA-03 primary has a strong chance to become a “contender” or a “young gun” by this fall. The NRCC will almost surely spend money to defend that seat. I am skeptical that IA-02 will become a serious target for Republicans, though.

Any comments about Iowa’s Congressional races are welcome in this thread.

IA-Sen: Joni Ernst's first tv ad arrives at remarkably convenient time (updated)

In what may be merely a coincidence, two stories related to Iowa’s U.S. Senate race made a big splash yesterday on national blogs and cable news networks as well as in local media.

In what may be merely a coincidence, State Senator Joni Ernst’s campaign released its first television commercial on the same day the 501(c)4 group Priorities for Iowa released a video drawing national attention to a gaffe by Democratic Senate candidate Bruce Braley.

In what may be merely a coincidence, several prominent Ernst supporters run that 501(c)4 group, which was created a few weeks after Ernst’s campaign launch.

It’s common nowadays for candidates’ campaigns to spend money spreading positive messages, while outside entities (political action committees, 501(c)4 advocacy organizations, or 527 groups) pay to get the best opposition research into the public sphere. But candidates are not allowed to coordinate messaging or timing with those outside groups.

I’m not saying someone from the Ernst campaign gave Priorities for Iowa a heads-up on when they were planning to release their tv ad. I’m not saying someone from Priorities for Iowa let Ernst staffers know ahead of time when they planned to drop their bomb on Braley. I’m just saying, the clip from a two-month-old speech by the Democratic candidate couldn’t have been released at a better time for Ernst to capitalize on her attention-getting “castration” spot.

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IA-Sen: Braley learns painful lesson in 21st century campaigning (updated)

Every candidate for public office has to learn basic rules of campaigning, such as, “Every mic is a live mic.” In other words, always assume you may be overheard when you stand next to a microphone, even if you think it’s not turned on.

In the age of camera phones and YouTube, candidates may be speaking into a live mic even when there’s no microphone to be seen. Representative Bruce Braley, the Democratic candidate for U.S. Senate in Iowa, learned that lesson the hard way today.  

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Report highlights growing land access problem for Iowa farmers

Since at least 2007, roughly half of Iowa’s land in agricultural production has been rented or leased rather than farmed by its owner. Farmland values at historically high levels are making it even more difficult for Iowans to pursue a secure career in farming. Almost no one can afford a large parcel of farmland at more than $8,000 per acre (or $10,000 per acre of high-grade land). Banks are rarely willing to lend aspiring farmers the kind of money needed to buy a farm, or to buy out siblings or cousins who inherited parts of the family farm.

Some experts believe Iowa farmland values have peaked, but via Tom Philpott I came across evidence that pressure from large buyers may continue to drive up prices. The Oakland Institute analyzed the trend of Wall Street investors buying farmland in the U.S. As institutional investors pile into this market, Iowa farmland may become increasingly unaffordable.

After the jump I’ve posted a few excerpts from the Oakland Institute‘s report, but I recommend downloading the whole piece to see supporting charts and references.

The trend toward absentee landlords owning Iowa farms is one among many reasons we can’t rely on purely voluntary efforts to protect soil and water quality. Tenant farmers have no incentive to spend money on conservation practices to improve land for the long-term. Landowners (whether they be Wall Street firms or individual investors) are often looking for the highest rent this year, not farming practices that preserve soil fertility and keep excess nutrients out of waterways.  

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No-brainer: fired Iowa DCI agent wants his job back

The career Division of Criminal Investigation agent who lost his job shortly after reporting a speeding incident involving Governor Terry Branstad’s SUV is willing to drop his lawsuit against the state if he can get his old job back, James Q. Lynch reported yesterday for the Cedar Rapids Gazette.

“He is interested in returning and it’s our understanding the position is still available,” said Tom Duff, a Des Moines attorney representing former DCI special agent Larry Hedlund.

Hedlund was a central figure in a high-profile incident last April where a state trooper driving an SUV carrying Branstad and Lt. Gov. Kim Reynolds was clocked driving 84 mph in a 65-mph zone. […]

Although officially retired now, Hedlund is interested in returning to work, Duff said. Since the incident, the director of the Department of Public Safety has left state employment and two others involved in the handling of the Hedlund case have moved to other jobs.

The former Department of Public Safety chief was Brian London, who stepped down last September. His tenure at the agency was a real train wreck. The Iowa Senate recently confirmed Larry Noble to run the department again; he was Branstad’s first choice for that job.

By many accounts, Hedlund was a solid employee during his long career at the DCI. If he is willing to work there again, rehiring him seems like an easy call. I can’t imagine why the state would prefer to roll the dice on expensive litigation. Court hearings would only generate more coverage of Hedlund being forced out. Hedlund’s attorney told Lynch that he has not heard back yet from the Iowa Attorney General’s Office.  

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"Accountability, openness, and transparency" are in the eye of the beholder (updated)

Governor Terry Branstad responded today to two political scandals that broke while he was on vacation last week. The big news was the governor signing an executive order “to increase accountability, openness and transparency of employee settlements.”

Branstad’s behavior reflects an odd understanding of those words. He is not holding anyone accountable for forcing out permanent employees and attempting to keep settlement deals a secret. His administration’s alleged “thorough review” of the deals took place behind closed doors over the span of a few days. Branstad rejected any outside investigation of the matter and dismissed accusations against Iowa Workforce Development Director Teresa Wahlert without even basic fact-finding.  

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Spiker takes parting shot at Branstad over medical marijuana

A few days before he will formally step down as the Republican Party of Iowa’s leader, A.J. Spiker advocated legalizing medical marijuana in a guest editorial for the Sunday Des Moines Register. Excerpts from Spiker’s column are after the jump. Framing the case for medical cannabis in terms of personal freedom, Spiker rebuked Republicans who have been unwilling to acknowledge strong arguments for allowing doctors to prescribe the drug. While he didn’t name names, his points came across as a rebuttal to Governor Terry Branstad, who would rather drag his feet on this issue.

Spiker and Branstad have clashed repeatedly, and it’s an open secret that the governor hasn’t been happy with the Iowa GOP’s priorities or fundraising since Spiker took over from Matt Strawn in early 2012. It’s shrewd for Spiker to stake a claim for medical marijuana, a position that is increasingly popular, especially with younger voters. Now his last impression as state party chair will be as a forward-thinking leader, rather than the guy who sometimes seemed to care more about Ron Paul’s Liberty movement than about electing Republicans.  

Speaking of medical marijuana, the issue was the focus of last Friday’s edition of Iowa Public Television’s “Iowa Press” program. Steve Lukan, director of the governor’s Office of Drug Control Policy, appeared along with West Des Moines Mayor Steve Gaer and State Senator Joe Bolkcom, leading advocates for legalizing medical cannabis using the New Mexico model. The video and transcript are available here. I was disappointed to see Lukan basically repeat the same talking points throughout the program, without acknowledging that many legal drugs can also be abused and may have devastating side effects for patients. Branstad didn’t search for anyone with expertise in drug policy before offering the state’s top job in this area to Lukan.

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The pros and cons of Iowa traffic cameras: links and discussion thread

Transportation policy doesn’t often generate passionate public debate, but everyone seems to have a strong opinion about traffic cameras. Last week the non-profit news service Iowa Watch published an excellent piece on how traffic cameras are used in Iowa and the conflicting evidence about whether they improve public safety. Kelsey Block’s article inspired me to compile arguments for and against this law enforcement tool.

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Weekend open thread: Infamous crimes and aggravated misdemeanors

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

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

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

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

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

Panel clears Tony Bisignano to run in Iowa Senate district 17; court may have final say

Attorney General Tom Miller, Secretary of State Matt Schultz, and State Auditor Mary Mosiman decided unanimously that Tony Bisignano may run in the Democratic primary to represent Iowa Senate district 17 despite a recent drunk driving charge. Democratic rival Ned Chiodo had challenged Bisignano’s candidacy, saying a second-offense OWI is an aggravated misdemeanor punishable by a prison sentence. Therefore, “long-established case law from the Iowa Supreme Court” place this charge among the “infamous crimes” that render citizens ineligible to vote or hold office under the Iowa Constitution. You can read the full text of Chiodo’s challenge here (pdf).

Attorneys representing both sides presented their case to the three-member panel on Wednesday. Tipping his hand, Miller shared concerns expressed by Bisignano’s lawyer that thousands of Iowans could lose their voting rights if Chiodo’s challenge were upheld. In fact, Miller estimated that 35,000 to 50,000 people could become ineligible to vote under that standard.

Today Chiodo’s attorney confirmed plans to appeal in Polk County District Court. The case may eventually reach the Iowa Supreme Court, as language in the state constitution and a 1994 law are in conflict. I don’t see how the matter could be resolved before the June 3 primary, let alone before the Polk County Auditor’s office will have to print primary ballots.

After the jump I’ve posted statements from Bisignano’s campaign. The winner of the Democratic primary is virtually guaranteed to succeed Jack Hatch in Iowa Senate district 17. Republicans do not even have a candidate running in this heavily Democratic area of Des Moines.

I’m disappointed that Ned Chiodo is willing to sacrifice the voting rights of thousands of people in order to advance his political career. By the same token, I would prefer not to elect a repeat drunk driver to the legislature. Whether or not Bisignano’s offense meets the legal definition of an “infamous crime,” his behavior posed a danger to himself and others. If I lived in Senate district 17 I would vote for new blood in the Democratic caucus: Nathan Blake. The official announcement of his candidacy is at the end of this post.

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Matt Schultz spins voter fraud acquittal as success

Most people familiar with the criminal justice system understand that a jury acquittal after less than an hour is an embarrassing loss for the prosecutor and a sign that the case should never have come to trial.

Then there’s Iowa Secretary of State Matt Schultz. Having spent major political capital (not to mention hundreds of thousands of taxpayer dollars) to spin simple errors into grand criminal conspiracies, he managed to claim victory yesterday when a Lee County jury declared an ineligible voter not guilty of perjury.

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Decorah recognized as Iowa River Town of the Year

The Winneshiek County seat of Decorah has a well-deserved reputation as one of Iowa’s most environmental-minded towns. Organic farmers and gardeners from all over the country have long relied on Seed Savers Exchange as a source for heirloom vegetable seeds and herbs. Two years ago, Luther College installed Iowa’s largest solar array. Small-scale renewable energy allows a growing number of people in the Decorah area to live “off the grid.”

This month, the non-profit group Iowa Rivers Revival honored Decorah for “efforts by the city and its many partners to make the Upper Iowa River the heart and soul of the community and a focus for recreation, economic development, and environmental stewardship.” The news release I’ve enclosed below highlights an impressive range of programs and projects, which have made the Upper Iowa River both cleaner and more usable for locals and tourists. Here’s hoping many other city leaders and Iowa school districts will learn from Decorah’s success.

UPDATE: The April edition of Smithsonian magazine ranked Decorah as number 19 on its list of America’s 20 “best small towns” to visit. The story noted, “Decorah sits in the heart of Iowa’s bluff country, an area heralded for scenic beauty and wildlife. Dunning Springs, just minutes from downtown Decorah, is a 200-foot waterfall-visitors can explore the area by bike or via a network of hiking trails.”

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Please stop paying attention to the Westboro Baptist Church

Fred Phelps, the founder of the Westboro Baptist Church, has reportedly died at the age of 84. I have nothing profound to say about his passing. Anyone who made it his life’s work to hold “God Hates Fags” signs at funerals is a sad commentary on his upbringing and the failures of our country’s mental health system.

Five years ago this spring and summer, the Phelps crowd came to central Iowa to protest the arrival of marriage equality and picket Jewish sites around town. The Jewish community chose not to engage with them. I wholeheartedly agreed with that decision, because the Westboro Baptist Church does not represent a social movement. They are basically a family cult of mentally ill people. I believe that they thrive on the negative attention they receive from those offended by their message. Being denounced on social media or confronted by a counter-protest is likely more gratifying than having no one react to their bigotry.  

I urge people who believe in tolerance to ignore everything the Westboro Baptist Church leaders say and do from now on. Focus your outrage on something more constructive.

Any relevant thoughts are welcome in this thread. I’ve enclosed below comments from State Senator Matt McCoy, who credited Phelps with inadvertently helping the gay rights movement.

P.S.- I am aware that it’s ironic for me to write about a topic I would rather see ignored.  

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Jon Van Wyk drops out of Iowa House district 28 GOP primary

Yesterday was the deadline for Iowa candidates who had qualified for a major-party primary to have their names removed from the primary ballot. The full list of candidates is on the Secretary of State’s website (pdf). Jon Van Wyk’s name is now absent from the Republican Party line in Iowa House district 28. His challenge against first-term State Representative Greg Heartsill was shaping up to be one of the most interesting state legislative primaries. However, the Knoxville Journal-Express reported that six people objected to Van Wyk’s candidacy because he and his family live in Clive, a suburb of Des Moines. They plan to move to Sully, located in House district 28, this summer.

After the jump I’ve posted Van Wyk’s comments on dropping out and a map of House district 28, where Van Wyk plans to run again in 2016.

Heartsill, one of the most “out there” Iowa House Republicans, has the GOP nomination locked up and will face Democrat Megan Suhr in a rematch from 2012. He won that race by 8,197 votes to 6,569. House district 28 leans Republican with 6,020 registered Democrats, 7,368 Republicans, and 8,049 no-party voters as of March 2014.

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Bipartisan group pushing Iowa legislative study of medical marijuana

What a difference a month makes. Four weeks ago, State Senator Joe Bolkcom declared his bill to legalize the medical use of cannabis dead on the same day he introduced it. Now five Republican senators have joined Bolkcom and four other Iowa Senate Democrats seeking to advance the conversation about medical marijuana before next year’s legislative session.

Click here to read the full text of Senate Resolution 112, which requests the creation of an interim study committee “to make recommendations on the feasibility of establishing a medical cannabis program in this state allowing qualifying resident patients to purchase and possess cannabis for medical purposes, and to file a final report including recommendations with the general assembly by December 30, 2014.” If the Senate approves the resolution, the Iowa Legislative Council led by House Speaker Kraig Paulsen and Senate Majority Leader Mike Gronstal will likely approve a study committee to evaluate medical marijuana later this year.

Depending on the study committee’s conclusions, a medical marijuana bill might garner more bipartisan support during the 2015 legislative session. Kudos to Democrats Bolkcom, Matt McCoy, Bill Dotzler, Jack Hatch, and Tom Courtney, and Republicans Ken Rozenboom, Mike Breitbach, Brad Zaun, Amy Sinclair, and Charles Schneider for supporting this resolution. It’s worth noting that all five Republican co-sponsors were elected to the Iowa Senate in 2012 and therefore will not face re-election again until 2016. Consequently, all five will be serving in the Iowa Senate next year, regardless of which party controls the chamber after the 2014 elections.

Democratic gubernatorial candidate Hatch has long been on record supporting medical marijuana in Iowa. Earlier this month, Governor Terry Branstad warned of “unintended consequences” and said much more study of the issue is needed.

UPDATE: I should have mentioned that while Zaun isn’t up for re-election to the state Senate this year, he is one of six GOP candidates running in Iowa’s third Congressional district. I wonder whether any of his rivals in IA-03 will criticize this stance.

Mid-week open thread: Mysteries

What’s on your mind, Bleeding Heartland readers? All topics are welcome in this open thread.

This missing Malaysian airliner is one of the craziest news stories I can remember. I would never have thought that a huge airplane carrying hundreds of people could disappear with investigators still mystified twelve days after the fact. If it crashed, why can’t anyone find a debris field? If the pilot diverted it intentionally, with what goal? If it was flying in the wrong direction for hours before landing or crashing, how did it evade detection by radar? Why didn’t any passenger manage to make a phone call or send a text message reporting strange happenings?

This mystery hits closer to home: why didn’t corn growers and the biotech industry heed warnings that planting whole fields of genetically modified corn across the Midwest would hasten the arrival of resistant weeds and pests? New research published this week points to “the rapid evolution of corn rootworms that are resistant to Bt corn.” I’m no longer surprised when regulators and the mainstream media ignore evidence that widespread agricultural practices are harming human health, because money talks. But in this case, failing to manage biotech crops properly is going to cost farmers and biotech companies big money. Herbicide-resistant weeds have been spreading for some time; now Iowa farmers may start using more pesticides to deal with pests that their crops were supposed to be able to repel.

Branstad administration scandal news and reaction thread (updated)

While Governor Terry Branstad vacations in Arizona this week, his administration is facing new allegations of misconduct. As first reported in the Sunday Des Moines Register, at least six former state employees were offered secret settlement deals after claiming they were forced out of their jobs for political reasons. Today, Democratic State Senator Bill Dotzler announced that he is seeking a federal investigation into the actions of Iowa Workforce Development Director Teresa Wahlert, whom Dotzler accused of interfering with the work of administrative law judges.

After the jump I’ve posted several links about both scandals as well as some political reaction. Any relevant comments are welcome in this thread.

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Iowa legislative news roundup: dead and alive after the second funnel

The Iowa legislature’s second “funnel” deadline passed late last week. To remain eligible for debate during the remainder of this year’s session, most legislation needed to have passed one chamber as well as a committee in the other chamber. There are a few exceptions to the rule, namely appropriations bills and some tax measures. Rod Boshart listed the most significant “dead” and “alive” bills for the Cedar Rapids Gazette. The Iowa House Republican staff compiled a more comprehensive list of “second funnel survivors,” including bill summaries. The Iowa Senate Democratic staff highlighted the most important bills passed by the Senate that died in the House.

After the jump I’ve enclosed more links and some analysis on bills that died as well as those still under consideration. From my perspective, the most surprising casualty of the funnel was a bill to extend the statute of limitations for sex crimes against children (see the “safety and crime” section below).

Any comments on pending legislation in the Iowa House or Senate are welcome in this thread.  

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Bipartisan push underway to increase Iowa REAP funding

Iowa’s Resource Enhancement and Protection program (REAP) celebrates its 25th anniversary this year. Among the most successful conservation initiatives in Iowa history, REAP has cumulatively distributed about $300 million to thousands of projects across the state. It is mostly funded through gaming revenues that go into the state’s Environment First Fund. In theory, REAP “is authorized to receive $20 million per year until 2021,” but the state legislature has never fully funded REAP to the authorized level. This year’s budget included $16 million for REAP, and Governor Terry Branstad kept that item at the same level in his draft budget for fiscal year 2015.

Today about three dozen non-profit organizations gathered at the State Capitol for the annual Environmental Lobby Day organized by the Iowa Environmental Council. I attended the event because I’m active in the IEC and in several of its member organizations. At a press conference organized by the IEC, four speakers emphasized the need to increase conservation funding: Republican State Senator David Johnson, Democratic State Senator Bob Dvorsky, Iowa Natural Resource Commission Chair Margo Underwood, and Rod Marlatt, executive director of the Fayette County Conservation Board. Dvorsky particularly emphasized his goal to secure $25 million in funding for REAP in the coming fiscal year, in honor of the program’s 25th anniversary.

Because REAP-supported projects are often popular locally, the program has mostly escaped the partisan divisions that have led to the demise of some state initiatives. Today the Iowa House approved a resolution celebrating the 25th anniversary of REAP. Remarkably, 96 of the 100 state representatives co-sponsored this resolution, which House Democrat Chuck Isenhart proposed. Now that they’re on record agreeing, “Iowans strongly believe that the Resource Enhancement and Protection Program is a successful venture worthy of the continued support of the General Assembly,” let’s hope they will put a lot of money where their mouths are. The $25 million in REAP funding has an excellent chance of clearing the Iowa Senate, since Dvorsky chairs the Appropriations Committee. Will the Iowa House go along? The many state lawmakers who spoke with Environmental Lobby Day exhibitors today included House Majority Leader Linda Upmeyer and several members of the House Appropriations Committee.

After the jump I’ve posted background on the REAP program from the Iowa Department of Natural Resources website, including a map showing how much REAP funding has gone to each of Iowa’s 99 counties. I also enclosed a press release from the Iowa Environmental Council, with highlights from speakers at the conservation rally.

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Jonathan Narcisse to challenge exclusion from IA-Gov primary ballot

Gubernatorial candidate Jonathan Narcisse plans to fight for inclusion on the Democratic primary ballot. The Iowa Secretary of State’s Office rejected some of his petitions because the line listing the office he was seeking was left blank. After the jump I’ve posted a statement from Narcisse blasting what he called a “gross act of political disenfranchisement” to use a “technicality” to keep him off the ballot. I also enclosed the letter Director of Elections Sarah Reisetter sent to Narcisse and an example of one of the invalid signature pages, provided by the Iowa Secretary of State’s communications director.

No doubt, some of the people circulating Narcisse’s petitions did not fill all of them out correctly. Iowa law on ballot access is clear, and our rules are less restrictive than those in many other states.

One recent event bolster’s Narcisse’s case, however: two years ago, State Senator Joe Seng was able to get on the Democratic primary ballot in Iowa’s second Congressional district despite the exact same problem with his petitions in two counties. Three senior state officials (Iowa Secretary of State Matt Schultz, Attorney General Tom Miller, and Deputy State Auditor Warren Jenkins) reviewed the matter after a voter in IA-02 challenged Seng’s petitions. That panel unanimously decided “to count a few pages of petition signatures that had previously been tossed out because the top portion – listing Seng’s name, where he was from and what office he was seeking – hadn’t been completely filled out.” Schultz told the media that while “Senator Seng probably should have been more organized,” it was a “close call.” Miller cited an Iowa tradition of “being somewhat favorable, deferential to someone having access to the ballot.”

If Narcisse manages to get on the ballot, he will face State Senator Jack Hatch in the Democratic primary on June 3. Otherwise Hatch will be unopposed for the Democratic nomination.

UPDATE: To clarify, I understand and support the reasoning behind Iowa’s ballot access rules. Senior officials never should have bent the rules to accommodate Seng. Now that they have, Narcisse can claim he deserves the same indulgence. John Deeth notes in the comments that it’s not clear exactly what information was missing from some of the Seng petitions. Perhaps scanned copies still exist somewhere, which would show whether the problem was a blank space where he should have indicated the office he was seeking.  

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

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

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

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

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

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Weekend open thread: Too much news edition

What’s on your mind this weekend, Bleeding Heartland readers? Is anyone else annoyed that the Iowa legislature’s second “funnel” deadline coincided with the last day major-party candidates could file to appear on the primary ballot? I put up a new overview of the Iowa Senate races and a thread on the statewide candidate filings. John Deeth has a quick look at all 125 legislative races. I have posts in progress about Iowa House races to watch, as well as what bills are dead and alive in the state legislature.

Congratulations to Cyclones fans celebrating Iowa State winning the Big 12 championship. I don’t follow college basketball closely, but I know the Big 12 is probably the toughest conference this year. Fred Hoiberg has done a tremendous job recruiting and leading his team, without throwing tantrums on the court like the University of Iowa’s coach, Fran McCaffery.

I highly recommend Josh Harkinson’s fascinating piece, “You’re Drinking the Wrong Kind of Milk.” He explores the hypothesis that many people have trouble drinking cow’s milk because Holsteins, which dominate industrial dairies, produce milk high in A1 protein. Some of those people can digest milk with predominantly A2 protein, produced by Jersey, Guernsey, and Normande cows.

As a friend and I talked about Harkinson’s article a few days ago, she reminded me that Iowa’s beloved Anderson Erickson Dairy used to sell a more expensive “Guernsey Gold” milk. Looking into it, I learned that AE stopped making this product in the mid-1980s, not because there was no demand for the premium milk, but because Iowa didn’t have enough farmers raising Guernsey cows anymore.

This is an open thread: all topics welcome.  

IA-Gov: Terry Branstad has primary challenger, Jack Hatch does not

Governor Terry Branstad’s Republican challenger, Tom Hoefling, has qualified for the primary ballot after submitting his nominating petitions on March 14, the final day. I don’t see any way Hoefling could win a primary, but it will be interesting to see how large the conservative protest vote is against Branstad. GOP turnout should be larger than usual on June 3, because of competitive primaries for the U.S. Senate seat and the first, second, and third Congressional districts.

Last night the Iowa Secretary of State’s office indicated that Jonathan Narcisse filed papers to run for governor as a Democrat. However, his petitions must not have had enough valid signatures, because his name does not appear on the full candidate list (pdf). The other long-shot Democratic hopeful, Paul Dahl, apparently never filed petitions. That leaves State Senator Jack Hatch as the lone Democratic gubernatorial candidate.

In other statewide candidate news, no Republicans stepped up to run against Attorney General Tom Miller or State Treasurer Mike Fitzgerald. By this time in 2010, Brenna Findley was already campaigning around the state against Miller, and two Republicans were running for treasurer.

As expected, Sherrie Taha is the Democratic candidate for secretary of agriculture; she will face GOP incumbent Bill Northey. Jon Neiderbach is the Democratic candidate for state auditor; he will face GOP incumbent Mary Mosiman, whom Branstad appointed last year. The secretary of state’s race pits Democrat Brad Anderson against Republican Paul Pate. 2010 Libertarian nominee Jake Porter also plans to register for the ballot this summer.

How not to retire from the Iowa legislature

Most election years, at least one Iowa House or Senate incumbent reveals retirement plans shortly before the filing deadline. During the last midterm, three Iowa House incumbents gave their constituents only a day or two’s notice that they were not planning to run for re-election.

Qualifying for the ballot is relatively easy here; candidates can collect the 50 signatures needed for an Iowa House district or the 100 needed for a Senate district in a day. But deciding whether to run for the state legislature is not so simple. Common courtesy demands that incumbents give their constituents at least a few weeks, or preferably a few months, to talk things over with family and friends, weighing what would be involved in a campaign and part-time work as a lawmaker. Lots of politically active people might want to serve. Most would not challenge an incumbent in a primary, but the calculus is different for an open seat.

Longtime State Senator Dennis Black announced on March 10 that he would not run for re-election. Presumably some insiders had advance warning, but every other Democrat in Senate district 15 had at most three days to consider this race, plus one day to collect the signatures and drive petitions to Des Moines.

Longtime State Representative Roger Thomas officially announced his retirement in a press release that went out  at 4:50 pm on March 13, barely 24 hours before the filing deadline. He gave the scoop to local activists at the Winneshiek County Democratic convention on March 8, but that news would only reach a small circle of insiders. A wider audience didn’t learn of Thomas’ retirement until he informed the Decorah Newspapers on the morning of March 12. Democrats in House district 55 (covering parts of Winneshiek, Fayette, and Clayton counties) deserved more than five days to think about running for the legislature, collect signatures, and make the four-hour drive to Des Moines. Nothing against Rick Edwards of Decorah, who has stepped up to run, but others should have had more time to consider the opportunity Thomas created.

Note: Iowa House district 55 will likely be a very competitive race this November, and Senate district 15 may also be in play, but my feelings about last-minute retirements also apply to seats that are safe for one party.

Medical marijuana links and discussion thread

I’ve been meaning to put up a thread on efforts to legalize cannabis for medical use in Iowa. State Senator Joe Bolkcom has been the lead sponsor of a bill that would create “a state regulated system to provide medical cannabis to Iowans under a doctor’s care.” Senate File 2215 (full text) did not meet the Iowa legislature’s first “funnel” deadline because of a lack of support from statehouse Republicans. However, more recently GOP lawmakers including Iowa House Majority Leader Linda Upmeyer, a nurse practitioner, have said they are open to discussions on the issue. Iowa House Republican Clel Baudler, who helped kill a similar bill last year, is dead-set against what he calls an “asinine” idea.

The Iowa Medical Marijuana website includes much more background on efforts to legalize the medical use of cannabis. The front page of that site includes links to recent news coverage and videos from an Iowa Senate hearing on March 5. CNN’s Dr. Sanjay Gupta changed his mind on the medical uses of marijuana while working on a documentary last year.

After the jump I’ve enclosed a statement from Bolkcom explaining the key points of SF 2215, highlights from the Des Moines Register’s latest polling on the issue, and comments from Governor Terry Branstad, West Des Moines Mayor Steve Gaer, and Representative Bruce Braley, the Democratic candidate for U.S. Senate.

Any relevant thoughts or predictions are welcome in this thread. I expect advocates will have to work for at least a few more years before Iowa joins the 20 states and Washington, DC where medical marijuana is already legal.  

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Sioux City suing state to block traffic camera rules

As Bleeding Heartland has discussed before, I’ve long felt that Governor Terry Branstad’s disregard for local government authority is one of the most under-reported Iowa political stories of the last few years. The Iowa Department of Transportation’s new rules restricting cities’ use of traffic cameras is one of many examples. Bills seeking to ban local governments from using traffic cameras for law enforcement stalled during the 2012 and 2013 legislative sessions. The Iowa DOT’s new rules went into effect last month; they do not prohibit all use of traffic cameras but require annual reviews to show the cameras are improving safety and not just serving as a revenue source for local government.

Sioux City is one of many Iowa municipalities that have installed traffic cameras on some major roads and intersections. The Iowa DOT gave Sioux City officials “until May 1 to justify the use of two speed cameras and seven of its 11 red-light cameras.” Now the city government has filed a lawsuit claiming the state department exceeded its authority.

Assistant City attorney, Justin Vondrak, filed the judicial review action in Woodbury County District Court and says the DOT regulations make it almost impossible for the city to use speed cameras along Interstate 29 within the city limits. “What we’re asking for is a review of the rules and to eventually have the rules determined to be unconstitutional based on the city’s home rule authority, as well as other Iowa code sections which grant the city joint jurisdiction with the DOT for traffic enforcement upon the primary roadways within the city’s jurisdiction,” according to Vondrak.

More details on the lawsuit are after the jump.

Whatever the District Court rules, I expect the losing side to appeal and would not be surprised to see the Iowa Supreme Court eventually decide this matter. The case raises interesting questions about local and state government powers. On a related note, I still think some municipality should have challenged Governor Branstad’s executive order on project labor agreements in court.

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Mid-week open thread: Ripoffs, real and imagined

Here’s an open thread: all topics welcome.

The Iowa Policy Project has called wage theft “an invisible epidemic” costing Iowa workers an estimated $600 million each year. Click here for a few examples of how wage theft works. Last week the Iowa Senate approved on party lines a bill to address common forms of wage theft (full text here). However, that bill is not moving in the Republican-controlled Iowa House.

Joseph Williams published a depressing account of his short career in low-wage retail after losing his journalism job. Even though he made more than minimum wage, it wasn’t enough to cover basic expenses. Williams also experienced wage theft and the small humiliations inflicted by “loss prevention” policies.

The Center for Public Integrity’s Daniel Wagner wrote a disturbing piece about aggressive debt collection tactics targeting Americans doing military service.

Sometimes feeling cheated and getting a raw deal are very different things. After the jump I’ve posted an excerpt from a Detroit News feature on a Michigan woman now starring in a television commercial attacking health care reform as “unaffordable.” Turns out she will save quite a bit of money under her new “Obamacare” health insurance–but she doesn’t believe it. Classic case of cognitive dissonance.

Your unintentional comedy for the week is a letter to the editor from the March 7 Des Moines Register, in which a man complains of being ripped off at a “Duck Dynasty” speaking engagement.

After shelling out a considerable sum for a VIP meet-and-greet session, I arrived to stand in line with over 300 other VIP patrons. I was told I would have 7.5 seconds with each of Willie and Phil Robertson. When I finally made it to their table, I was rushed through in seconds. I handed my Bible to Phil for an autograph and he scribbled an illegible name. My “VIP Seating” ended up being in the 15th row next to non-VIP patrons who paid nearly one-tenth the price of my experience.

When the program started, Willie spoke about the makings of their show. Phil then took the stage with a few minutes of duck-calling, followed with a lengthy rant about how Americans are being denied the rights written in the United States Constitution.

Disgusted, I got up and left before it ended. The event was nothing but a marketing scheme that took money from hard-working Americans.

A marketing scheme–who could have guessed? But seriously, isn’t it blasphemous to ask a television celebrity to sign your Bible?

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Iowa Senate district 45: Joe Seng has a primary challenger, Mark Riley

If any Iowa Democrat deserves a primary challenge, it’s three-term State Senator Joe Seng. Although the Davenport-based veterinarian represents one of the Democrats’ safest urban districts, Seng is anti-choice and supported Republican calls for a vote against marriage equality in 2010. As chair of the Senate Agriculture Committee, he has helped pass several bills that are good for industrial agriculture but bad for the environment, especially clean water. In addition, Seng himself challenged three-term U.S. Representative Dave Loebsack in the IA-02 Democratic primary two years ago, so he couldn’t claim the moral high ground against a primary challenger for his state Senate seat.

I was excited to see yesterday that another Democratic candidate, Mark Riley, had filed papers to run in Senate district 45. When I realized Riley was Seng’s Republican opponent in 2010 and ran an independent campaign against Iowa House Democrat Cindy Winckler in 2012, I became disappointed. Was he just a fake like the “Democrat” who ran against State Representative Ako Abdul-Samad in 2010?

I sought comment from Riley about why he was running as a Democrat in Iowa Senate district 45, having campaigned as a Republican in the same district a few years ago. I’ve posted his response after the jump. You be the judge. Riley would have my serious consideration if I lived on the west side of Davenport.  

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Iowa Senate district 7 preview: Rick Bertrand vs. Jim France

Three days before the deadline to file as a major-party candidate for the state legislature, a Democrat finally stepped up to run against first-term State Senator Rick Bertrand in Iowa Senate district 7. Likely to be among the most competitive statehouse races this year, Senate district 7 is a must-hold for Republicans trying to win a majority in a chamber Democrats have controlled by 26 votes to 24 since 2011. Leading Democrats view the district as a pick-up opportunity, in part because of a voter registration advantage and strong performance by Democratic candidates there in 2012.

Follow me after the jump for a first look at this race. I’ve included a district map and the latest voter registration numbers as well as background on Bertrand and his Democratic challenger, Jim France.  

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Twilight of the Iowa GOP's Liberty era (updated)

Time for a discussion thread on news that broke over the weekend: A.J. Spiker will step down early as chair of the Republican Party of Iowa in order to serve as an adviser to U.S. Senator Rand Paul’s political action committee. I’ve posted the Iowa GOP’s official announcement after the jump. It puts a positive spin on Spiker’s tenure, which began after Matt Strawn was forced out early over the 2012 Iowa caucus vote-counting debacle. Spiker’s critics have complained of poor fundraising and an insufficient focus on party unity and electing Republican candidates.

Spiker was a leading supporter of Ron Paul’s presidential campaigns in Iowa and benefited from the “Paulinista” dominance during the 2012 county, district, and state GOP conventions. However, Ron Paul loyalists were unable to repeat that performance at this year’s county conventions on March 8. In fact, some high-profile Paulinistas weren’t even able to win district convention delegate slots.

David Fischer, another prominent figure in the “Liberty” camp, stepped down as state party co-chair earlier this year. Danny Carroll, a former Iowa House Republican and unsuccessful candidate to lead the state party in 2009, won a very close State Central Committee election to succeed Fischer in that role.

Longtime social conservative activist Steve Scheffler made a deal with the Liberty crowd in the summer of 2012 to retain his position as Republican National Committeeman. He told the Des Moines Register that he expects “a huge turnover” on the Iowa GOP’s State Central Committee after district conventions on April 26. Scheffler would like to see Carroll serve as the Iowa GOP’s interim leader until new State Central Committee members begin their terms this summer.

Any relevant comments are welcome in this thread. P.S.- Some observers believe Spiker’s departure will spell doom for the Ames Straw Poll. I suspect the Iowa GOP will still organize some kind of candidate forum a few months before the Iowa caucuses, perhaps even a fundraiser. But new party leaders will likely be swayed by Governor Terry Branstad and other straw poll critics in planning that event next year.

UPDATE: Speaking to a conservative breakfast club on March 12, Danny Carroll confirmed that he will run for party chair this month and again after the new State Central Committee members are selected. He told Radio Iowa he’d like to see the straw poll continue, while making sure tickets are not overpriced and candidates are not charged “exorbitant rent for space at the venue.”

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More Americans and central Iowans using public transit

A study released this week shows that across the U.S., trips on public transportation reached a level in 2013 not seen since 1956. During the past two decades, public transit ridership has increased far beyond population growth, fueled not only by aging baby boomers but also by a generation of young people less likely to drive than their predecessors. After the jump I’ve posted a summary of the American Public Transit Association’s findings. You can download the full report on 2013 public transit ridership here (pdf).

Earlier this year, the Des Moines Area Regional Transit (DART) released data showing “DART’s ridership increased more than 7 percent in the first six months of fiscal year 2014, compared to the same period of fiscal year 2013. Ridership totaled 347,213 in December – a 15 percent increase over December 2012.” Click through for details on the fastest-growing bus routes. In recent years, DART built a new central station in downtown Des Moines and redesigned or expanded many of its routes. During the past six months, DART has made it easier for people to plan bus trips. Smart phone users will be pleased to learn, “DART bus stops now display on Google Maps. This addition allows users to see locations of bus stops as well as get route information including what bus routes serve the stop and when the next bus is scheduled to arrive. A similar feature is also available on Bing Maps and the MyDART Trip Planner.” Speaking to Radio Iowa, DART’s general manager Elizabeth Presutti said young people, “young professionals particularly” increasingly want public transit for their work commutes, while “a growing senior population” in the Des Moines area is also “looking for alternative transportation options.”

Many Iowans think of public transit as something for large urban areas, but bus service is a viable alternative to driving in smaller communities too. The American Public Transit Association’s study showed rising bus ridership in cities with a population under 100,000. Express buses that take people from small towns to work, shopping or other services in larger towns nearby need to more available across Iowa, especially considering our aging population.

President Barack Obama’s proposed budget for fiscal year 2015 includes more funding for public transit, rail, and other alternatives to driving. Those investments will be a tough sell in the Republican-controlled U.S. House, but data show that Americans increasingly want to use public transit when that option is available.  

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Former Newton Mayor Chaz Allen running in Iowa Senate district 15

Only a few hours after State Senator Dennis Black confirmed plans to retire, former Newton Mayor Chaz Allen announced that he will seek the Democratic nomination in Iowa Senate district 15. Allen has strong business connections as executive director of the Jasper County Economic Development Corporation and as a board member of the Greater Des Moines Partnership. After the jump I’ve posted Allen’s campaign announcement, which contains more background on the candidate. Former Governor Chet Culver appointed him to the Rebuild Iowa Office’s task force on Infrastructure and Transportation, and he also served on Governor Terry Branstad’s Commercial Property Tax Review Committee three years ago.

Iowa Senate district 15 covers most of Jasper County and some eastern areas in Polk County. Click here for a map and the latest voter registration numbers in the Democratic-leaning district.

I am seeking comment from Iowa House Democrat Dan Kelley, who represents the eastern half of this Senate district. I will update this post when I can confirm whether Kelley will run for the Iowa Senate or seek a third term as state representative.

So far the lone Republican candidate to file in Senate district 15 is Crystal Bruntz. Her campaign is on Facebook here and on the web here. I’ve posted her official bio below.

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Democratic incumbent Dennis Black retiring in Iowa Senate district 15

Democratic State Senator Dennis Black announced this morning that he is retiring from politics after 32 years in the Iowa legislature, including five terms in the Iowa Senate. His retirement opens up Senate district 15, covering most of Jasper County and parts of eastern Polk County. As of March 2014, this district contained 15,238 registered Democrats, 13,184 Republicans, and 15,064 no-party voters. After the jump I’ve posted a district map and Black’s open letter to colleagues and the media.

In late January, it appeared that three Republicans would compete for the chance to run against Black this year. But the highest-profile candidate, former Iowa GOP Co-Chair David Fischer, opted against running last month. Meanwhile, the first Republican candidate to declare against Black, Patrick Payton, decided to run for Iowa House district 29 instead. That leaves Crystal Bruntz, a human resources executive for the convenience store chain Kum & Go, as the likely GOP nominee in Senate district 15. So far she is the only Republican who has filed nominating papers in the district.

Democrats have until this Friday to find a new candidate for the seat Black is vacating. I am seeking comment from two-term State Representative Dan Kelley of Newton. He currently represents Iowa House district 29 but has not filed for re-election yet. First-term Democrat Joe Riding has already filed for re-election in House district 30, the western half of Senate district 15. UPDATE: Riding confirmed by telephone that he is committed to continuing to represent residents of House district 30.

Although Black’s district wasn’t initially on my radar or Senate Majority Leader Mike Gronstal’s radar as one of the most competitive 2014 Senate races, opposing parties typically have a better chance of winning open seats than defeating state legislative incumbents. Senate district 15 will surely be a race to watch this year.

PROCESS GEEK UPDATE: Although it’s not relevant in this instance, since Riding will stick with the House race, a candidate who had already filed papers to run for an Iowa House district could file for a newly open Senate district. Scroll to the end of this post for the explanation.  

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What could go wrong? Less training for manure spreaders edition

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

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

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

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

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

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Weekend open thread: New Register poll edition

What’s on your mind this weekend, Bleeding Heartland readers? The hour I lost with “spring forward” was the hour I needed to get the open thread up at the usual time. But better late than never. All topics are welcome.

For the past week, the Des Moines Register has been releasing results from its latest statewide poll. Selzer & Co surveyed 703 Iowa adults between February 23 and 26, producing a statistical margin of error of plus or minus 3.7 percent. This morning’s newspaper revealed that President Barack Obama’s approval rating has hit a new low in the state he carried in the last two presidential elections. Just 36 percent of respondents said they approve of Obama’s job performance, while 59 percent disapprove. Those findings will embolden Republican candidates who plan to make this November’s elections a referendum on the president’s policies.

Looking ahead to the 2016 caucuses, 50 percent of Iowans, including 88 percent of the Democrats in the Register’s poll sample, think it would be good for Hillary Clinton to run for president again. Support for Vice President Joe Biden was much lower, with 33 percent of the full sample and 58 percent of the Democrats saying it would be good for Biden to run for president again. Like I’ve said before, there is no evidence Hillary Clinton has any lasting problem with Iowa Democrats.

U.S. House Budget Committee Chair Paul Ryan’s reputation with Iowa Republicans doesn’t appear to have suffered from being on the losing ticket with Mitt Romney in 2012. Selzer’s poll for the Register found that 67 percent of Republican respondents think it’s a good idea for Ryan to run for president. The full sample was split, with 41 percent supporting a Ryan presidential bid and 42 percent saying it would be a bad idea. In the Republican sub-sample, 65 percent said it would be good for former Arkansas Governor Mike Huckabee to run for president again, 50 percent said the same about Texas Governor Rick Perry, and 48 percent said the same about former U.S. Senator Rick Santorum.

My impression last year was that other potential candidates, including U.S. Senator Ted Cruz, are telling Iowa Republicans what they want to hear, while Santorum’s message is not striking the same chord. If Ryan runs for president, he will surely come under attack for recent deals with Democrats on the federal budget.  

IA-Gov: Register poll puts Branstad at 63 percent approval, 44 percent re-elect

Governor Terry Branstad’s approval rating is far higher than the percentage of Iowans who would definitely vote for his re-election, according to the latest Iowa poll conducted by Selzer & Co for the Des Moines Register. Selzer & Co surveyed 703 Iowa adults between February 23 and 26, producing a statistical margin of error of plus or minus 3.7 percent–though it’s worth noting that a random sample of Iowa adults does not necessarily reflect the 2014 midterm electorate.

In the Register’s new poll, 63 percent of respondents said they approved of Branstad’s job performance, up from 58 percent in December. Just 30 percent disapproved of Branstad’s work, and 7 percent were not sure. In a head to head matchup against Democratic State Senator Jack Hatch, Branstad leads by 44 percent to 29 percent. Jason Noble commented, “The 44 percent of respondents who say they’d vote for Branstad is down from 52 percent in December [2013] and 55 percent in June.” Sounds like a lot of people like the governor but sense that he’s had enough time in the job.

Other Iowa polls conducted during the past year or two have similarly suggested that Branstad enjoys high approval ratings, with somewhat lower numbers of voters ready to re-elect him to a sixth term. Hatch has outlined a strong set of policies for Iowa but clearly needs to raise his name recognition. Making a case against the incumbent may be challenging; if the Register’s poll is accurate, 52 percent of Iowans see the state heading “in the right direction,” with only 37 percent saying it’s “on the wrong track.” Most sitting governors would be happy to take those numbers into a re-election campaign.

Grassley, Harkin support failed bill on military sexual assault cases (updated)

Yet another good idea has fallen victim to the U.S. Senate’s rules requiring a super-majority to advance legislation. Although 44 Democratic senators and eleven Republicans supported a bill that would have taken sexual assault cases outside the military chain of command, backers fell five votes short of the 60 needed to pass a cloture motion yesterday. Iowa Senators Tom Harkin and Chuck Grassley both voted for cloture (roll call) on the bill sponsored by Senator Kirsten Gillibrand. Pentagon leaders and Democratic Senators Dick Durbin and Claire McCaskill lobbied against the measure. A weaker sexual assault prevention bill proposed by McCaskill advanced after senators rejected cloture on Gillibrand’s bill.

After the jump I’ve posted the key arguments for both sides in the debate, as well as comments from Grassley and Representative Bruce Braley (D, IA-01). In the floor statement I’ve enclosed below, Grassley urged colleagues, “We need a clean break from the system where sexual assault isn’t reported because of a perception that justice won’t be done.” Braley has long supported reforms along the lines of Gillibrand’s bill, and yesterday he promised to keep pushing on the issue, saying opponents are “on the wrong side of history.” Braley is the Democratic candidate for the U.S. Senate seat Harkin will vacate at the end of this year.

P.S. – Of the Republican senators considered most likely to run for president in 2016, Ted Cruz and Rand Paul voted for cloture on Gillibrand’s bill. Marco Rubio voted against it.  

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Branstad joins lawsuit against California law on egg production (updated)

I’m always fascinated when conservatives who claim to support “states’ rights” cry foul when another state enacts a law they dislike. In 2008, California voters approved Proposition 2, a law designed “to prohibit the cruel confinement of farm animals,” including new rules on conditions for egg-laying hens. State lawmakers later passed and Governor Arnold Schwarzenegger signed a law extending those rules to producers of any eggs sold in California. Representative Steve King (R, IA-04) tried but ultimately failed to insert language in the federal Farm Bill overturning California’s law, which will affect Iowa egg producers when it becomes effective on January 1, 2015. King argued that the law violates the Commerce Clause of the U.S. Constitution, creating an illegal trade barrier between states.

Since President Barack Obama signed into law a five-year Farm Bill that does not include King’s amendment, attorneys general in Missouri, Nebraska, Oklahoma, Alabama, and Kentucky have filed a federal lawsuit challenging the California law. Governor Terry Branstad announced yesterday that he has joined that lawsuit on Iowa’s behalf. Details are after the jump, including excerpts from the court filing and statements released by Branstad and King.

I am not an attorney, much less a specialist on the Commerce Clause, but I doubt the plaintiffs will succeed in overturning the California law, for three reasons: 1) the law does not “discriminate”; 2) the law does not force any conduct on egg producers outside the state of California; and 3) overturning this law would prompt a wave of lawsuits seeking to invalidate any state regulation designed to set higher standards for safety, public health, or consumer protection.

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District court voids proposed rule on Iowa voter citizenship checks

Polk County District Court Judge Scott Rosenberg ruled yesterday that Iowa Secretary of State Matt Schultz overstepped his authority when he promulgated a rule designed to identify and remove suspected non-citizens from Iowa voter rolls. Schultz first tried to enact a similar rule using “emergency” procedures during the summer of 2012, but a different Polk County judge issued a temporary injunction preventing the rule from taking effect before the 2012 general election.

Schultz then proposed a different version of the rule (full text here) and enacted it using the normal rulemaking process. Several advocacy groups claimed the rules could intimidate and/or disenfranchise legitimate Iowa voters. The American Civil Liberties Union of Iowa and the Iowa League of United Latin American Citizens restarted their voter suppression lawsuit last March. In September, District Court Judge Rosenberg rejected Schultz’s motion to dismiss the lawsuit, and in November, Rosenberg issued a temporary injunction preventing Schultz from implementing the rule before the court considered the merits of the case.

Yesterday Rosenberg found in favor of the plaintiffs, saying Schultz “lacked the statutory authority” to promulgate a rule allowing his office to use a federal database to check Iowa voters’ citizenship status. He further found that there was no rational basis for concluding that the rule was within the delegated authority of the Iowa Secretary of State’s office and ordered the respondent to pay legal costs. Schultz plans to appeal the ruling, which you can read in full at the Des Moines Register’s website. I doubt the Iowa Supreme Court will overturn this ruling, because the excerpts I’ve posted below are convincing.

Side note: I suspect that Schultz expected this verdict, and the likely failure of this crusade was one among several factors that prompted him to bail out of his current position in order to run for Congress in the open third district.

UPDATE: Added some comments from the ACLU of Iowa below. It’s worth noting that this ruling focused on the matter of Schultz’s authority and did not settle the question of whether his procedure would have wrongfully intimidated eligible voters or deprived them of their voting rights.

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Senate rejects first Obama nominee since change to filibuster rules (updated)

Since Democrats changed U.S. Senate rules in November to remove the 60-vote threshold for cloture motions on most presidential nominees, senators have confirmed dozens of President Barack Obama’s appointees as federal judges, ambassadors, and to various executive branch positions. In fact, fifteen presidential nominees sailed through the process during the past month alone.

Yesterday, for the first time under new Senate rules, Democrats could not muster even a simple majority of votes in favor of cloture on a presidential nominee. Alexander Bolton and Ramsey Cox reported on the controversy that torpedoed Debo Adegbile’s nomintaion to be assistant attorney general in charge of the Justice Department’s civil rights division. Critics said Adegbile was unfit for the job because as director of litigation for the NAACP Legal Defense Fund, he had supported efforts commute the death sentence of Mumia Abu-Jamal, “who was convicted of killing Philadelphia police officer Daniel Faulkner in 1981.”

Seven Democrats joined all the Republicans present to defeat the cloture motion on Adegbile’s nomination by 52 votes to 47 (roll call). The Iowans split along party lines, with Senator Tom Harkin supporting cloture on Adegbile’s nomination and Senator Chuck Grassley voting against the motion. Harkin sharply criticized his colleagues, saying Adegbile would have been confirmed if he were white.

Bolton and Cox saw yesterday’s vote as “a stinging defeat for Obama.” I see it as a more stinging defeat to basic concepts underlying the American justice system: everyone has a right to a defense, and defense attorneys should not be held accountable for their clients’ conduct. Going back to the colonial period, this country has a tradition of attorneys providing a vigorous defense at trial to even odious criminals. President John Adams remained proud of his work defending the British soldiers responsible for the Boston Massacre of 1770 and opposing the death penalty for them, even though they had shot and killed patriots.

UPDATE: Added comments from Harkin after the jump.

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Can Josh Byrnes escape a GOP primary challenge in Iowa House district 51?

Since last summer, many Iowa politics watchers have had Republican State Representative Josh Byrnes on retirement watch. However, he announced this week that he will seek a third term in Iowa House district 51. After the jump I’ve posted a district map and Byrnes’ re-election statement.

Democratic candidate Laura Hubka has been actively campaigning for months. She’s facing a relatively strong incumbent in this district, which covers Howard, Mitchell, Worth, and part of Winneshiek Counties along Iowa’s northern border. Byrnes was comfortably re-elected in 2012 even as President Barack Obama won more than 55 percent of the vote in House district 51. The latest totals from the Secretary of State’s office indicate that the district contains 5,765 registered Democrats, 6,470 Republicans, and 8,643 no-party voters.

Although I have not heard of any Republican planning to challenge Byrnes, three factors make me suspect he will not get a free pass in the GOP primary.

1. Byrnes is the leading Iowa House proponent of raising the gasoline tax, a popular view among some rural constituencies but not in the Republican base. He even taunted the advocacy group Iowans for Tax Relief after this year’s subcommittee hearing, where the gas tax bill advanced.

2. While many Iowa House Republicans are quietly satisfied to see a constitutional amendment on marriage die in the funnel for two years running, to my knowledge Byrnes is still the only person in his caucus who openly supports same-sex marriage rights.

3. Last year Byrnes was one of just two GOP legislators to support the Democratic position on expanding Medicaid in Iowa. (The other one, Brian Moore, represents the most Democratic-leaning Iowa House district Republicans now control.)

It will be a St. Patrick’s Day miracle if no anti-tax zealot, social conservative, or “Liberty” activist steps up to challenge Byrnes by the March 14 filing deadline.  

UPDATE: Amazingly, no other Republican filed papers to seek the GOP nomination in House district 51.

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Joe Gatto defeats Joe Henry in Des Moines City Council special election

Business owner Joe Gatto defeated real estate agent and longtime community activist Joe Henry in yesterday’s special election to represent Ward 4 on the Des Moines City Council. Unofficial results from the Polk County Auditor show that Gatto won by 1,687 votes to 1,283 (57 percent to 42 percent). Ward 4 covers most of the southeast side of Des Moines. The City Council seat became open when Brian Meyer won a special election for an Iowa House seat last October. Henry had begun campaigning for that Iowa House race but stepped aside once Meyer made his intentions known last August.

The Ward 4 special election campaign was not quite as bitterly contested as last year’s at-large race between Skip Moore and Chris Diebel, but it was a close call. Gatto has long lived in Ward 3 while owning a business (Baratta’s restaurant) in Ward 4. In September, after it became clear that Meyer would leave the City Council, Gatto took possession of his mother’s home in Ward 4. A Des Moines resident who works with Henry’s wife challenged Gatto’s eligibility for the race, since he claimed residence at his mother’s home rather than where his wife and children still reside in Ward 3. Gatto said his elderly mother needs help because of health problems. A three-person panel including Des Moines Mayor Frank Cownie ruled Gatto eligible for the ballot. He appears to have won on a strong early voter drive; Henry’s campaign claimed to have won more votes cast yesterday. After the results were in, Gatto pledged “to focus on the real issues of Ward 4 and get to work for the people of the Ward.”

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Terry Branstad's philosophy of second chances

Governor Terry Branstad’s office released a long list of nominees to state boards and commissions yesterday. I’ve posted the full list after the jump. As he’s done during the past three years, the governor tapped several former state legislators or onetime Republican candidates for the Iowa House or Senate. The latest batch of appointees includes former GOP State Representative Lance Horbach for the State Judicial Nominating Commission, former GOP State Representative Jamie Van Fossen for the Public Employment Relations Board, and former GOP State Senator John Putney for the State Transportation Commission.

Branstad also re-appointed former GOP State Senator Jeff Lamberti to the Racing and Gaming Commission. I’m not surprised; the governor has expressed his confidence in him many times, even immediately after Lamberti’s drunk driving arrest in May 2012. A few weeks later, Lamberti pled guilty to driving while intoxicated, after which his colleagues elected him chairman of the Racing and Gaming Commission.

Several Iowa lawmakers in both parties have been caught driving after drinking too much alcohol. Lieutenant Governor Kim Reynolds was arrested for drunk driving twice while serving as a county treasurer. Arguably, Lamberti’s lapse in judgment is no impediment to leading one of the most powerful state commissions, which will soon make a high-profile decision on granting licenses to two new casino projects.

At the same time, it’s striking that Branstad, so committed to a continuing role in public life for Lamberti, so committed to seeing Reynolds succeed him as governor, is also determined to prevent tens of thousands of Iowans from ever participating in politics at the most basic level for a U.S. citizen. Since he signed an executive order making Iowa one of the most restrictive states for felon voting, only about 40 people have managed to regain their voting rights out of an estimated “25,000 offenders who finished their sentences for felonies or aggravated misdemeanors” since January 2011. Branstad’s policy affects mostly non-violent criminals. Non-white Iowans are more likely to be permanently disenfranchised, since Iowa is the worst state for racial disparities in marijuana arrests.

Branstad recently defended his policy on these terms: “At least somebody that commits an infamous crime such as a felony ought to pay the court costs and the fine associated with that crime before they expect to get their rights restored.” The governor knows perfectly well that most ex-felons are lucky to find a job that covers essentials like food and housing. Repaying thousands of dollars in court costs is not realistic for most of these people. Moreover, “infamous” crimes can include stealing a vending machine as a teenager. Denying thousands of Iowans a real chance to exercise their right to vote is a scandal, especially for a governor so forgiving of serious mistakes made by certain well-connected Republicans.

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Des Moines residents vote today on franchise tax (updated)

Voters in Des Moines will decide today whether to allow the city to collect a “franchise tax” on utility bills. The money would be used to repay tens of millions of dollars collected in “franchise fees” between 2004, when a class-action lawsuit was filed challenging the fee as an illegal tax, and 2009, when the Iowa legislature approved and Governor Chet Culver signed a law allowing cities to charge franchise fees. The Iowa Supreme Court ruled in March 2012 that the city would have to refund the franchise fees collected between 2004 and 2009. The Iowa legislature approved language that would have allowed the city of Des Moines to collect a franchise fee for seven years, but Governor Terry Branstad vetoed that line item.  

Des Moines city leaders then considered three options for repaying the estimated $42 million: cutting city staff or services (which already took a hit during the “Great Recession”), raising property taxes, or raising the franchise fee on utility bills. City leaders opted for the franchise tax, but it will only happen if Des Moines voters approve today’s referendum.

Bleeding Heartland user Jon Muller made this case for a yes vote:

There’s an election in Des Moines to approve a Franchise Tax today.  I encourage voters to approve the measure.  It’s a very simple choice for any homeowner.  You can pay a modest tax on your utility bill for 7 years, $2.50 on a $100 monthly bill.  Or, if the measure does not pass, you will pay 41 cents per thousand of taxable valuation for 20 years.  On a $150,000 house, you’re looking at $32 a year for 20 years.

This was the easiest Yes vote I have ever cast.  Not even a line call.  This isn’t about past mistakes, which many of us agree could have avoided this entire situation.  It’s only about how you prefer your taxes be raised, how much they will be raised, and for how long.  More than 40% of the property in Des Moines isn’t even subject to property taxes, but virtually all of the property in Des Moines consumes electricity.  A Yes vote means we spread the burden across more taxpayers, at a lower rate, for less time.

Simple.

An analysis by the city determined that raising property taxes “would cost a typical homeowner about $444 over the next 20 years,” while the proposed franchise fee increase “would cost a electric customer about $273 over the next seven years.”

UPDATE: Unofficial results from the Polk County auditor’s office indicate that “yes” passed easily by 8,095 votes to 1,422 (85 percent to 15 percent).

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Grassley, Senate Republicans block veterans bill

Iowa elected officials from both parties have embraced policies to support veterans. But last week Republicans in the U.S. Senate used a procedural move to block a bill that would have supported veterans’ access to health care and higher education. Ramsey Cox reported for The Hill,

Sen. Bernie Sanders’s (I-Vt.) bill, S. 1982, would have expanded veterans’ healthcare programs, given veterans in-state tuition rates at all schools across the country and provided advanced appropriations for the Department of Veterans Affairs.

It also sought to permanently fix a cut to the growth rate of veterans’ pensions. Earlier this year, Congress passed a bill to avoid a cut in the growth rate for current service members and veterans, but anyone enlisting after 2013 would still see a cut. Sanders’s bill would have eliminated that cut as well.

Cox explains that this bill got caught up in a longstanding dispute over Senate Majority Leader Harry Reid’s efforts to limit floor votes on minority amendments, especially those that are “non-germane” or unrelated to the subject of the bill. Republicans wanted to vote on a substitute amendment that would have included sanctions against Iran. They also didn’t agree with the “pay-for” section of Sanders’ bill, which offset expected costs of about $20 billion “by limiting overseas contingency funds from 2018-2021.”

As a result, after Senate Democrats defeated a Republican effort to refer the bill back to the Veterans Affairs Committee, Republicans rejected a “motion to waive all applicable budgetary discipline” with respect to the bill. Democrats could muster only 56 votes in favor of that motion; under Senate rules at least 60 votes were needed to advance the bill. Iowa’s Republican Senator Chuck Grassley voted against the motion, while Senator Tom Harkin voted for it, along with all the Democrats present and two Republicans.

I did not see any statement from Grassley explaining his vote on this bill. He has repeatedly criticized Reid in recent months for not allowing more votes on minority amendments.  

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DCCC flags Jim Mowrer in IA-04 as "emerging race"

Jim Mowrer, the Democratic challenger to Representative Steve King in Iowa’s fourth Congressional district, is one of twelve candidates the Democratic Congressional Campaign Committee considers to be “emerging races” in 2014. According to the statement from the DCCC, enclosed below, this category “highlights candidates and districts that are making themselves competitive by running smart campaigns which are becoming increasingly competitive.” Mowrer’s campaign out-raised the six-term Republican incumbent in both the third quarter and the fourth quarter of 2013. He is running as a “common-sense” candidate more in touch with the values of Iowans than King, who gets bogged down in “reckless partisan politics.” Mowrer’s official comment on today’s news is after the jump.

Candidates in “emerging races” do not receive as much financial or logistical support from the DCCC as the top-tier “Red to Blue” candidates, but in past years a fair number of these races were bumped up to “Red to Blue” status during the general election period. IA-04 is an uphill climb for any Democrat, with 123,932 registered Democrats, 174,879 Republicans, and 174,235 no-party voters as of March 2014.

Speaking of King, he has long been one of the House Republicans progressives most “love to hate,” and he is commonly quoted in fundraising appeals by a wide range of Democratic Party committees and Democratic-aligned organizations. But he does have limits. I noticed last week that someone came up with an anti-gay bill that was too stupid and bigoted even for King to co-sponsor. Some idiot lobbyist claims five House Republicans and one senator are interested in co-sponsoring a bill to stop gay athletes from playing in the National Football League. King commented,

“I don’t support the idea that we advertise our sexuality, whatever it might be,” said King. “So, therefore I don’t support the idea of legislation addressing anyone’s unidentified, unadvertised sexuality.”

King presumably doesn’t have a problem with heterosexuals “advertising” their sexuality by appearing in public with their spouses.  

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IA-03: DCCC puts Staci Appel in "Red to Blue" program

The Democratic Congressional Campaign Committee announced this morning the first wave of “Red to Blue” candidates running in U.S. House districts. Former State Senator Staci Appel, who is running for Iowa’s open third Congressional district, is one of the sixteen candidates (including ten women) at the highest “Red to Blue” level. After the jump I’ve enclosed a press release from Appel’s campaign.

Even before anyone suspected Representative Tom Latham would retire this year, the DCCC had promised Appel “early financial communications, operational and strategic support.” Her strong fundraising and endorsements from many labor unions and progressive organizations make Appel the heavy favorite in the Democratic primary. Gabriel De La Cerda is the other declared candidate in IA-03.

Appel is likely to face one of the following six declared GOP candidates in IA-03: State Senator Brad Zaun, Iowa Secretary of State Matt Schultz, construction company leader Robert Cramer, former U.S. Senate staffer David Young, Iowa Renewable Fuels Association Executive Director Monte Shaw, and Des Moines-based teacher Joe Grandanette.

The latest official numbers from the Iowa Secretary of State’s office indicate that sixteen counties in IA-03 contain 154,061 registered Democrats, 160,782 Republicans, and 157,001 no-party voters.

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Weekend open thread: Iowa Republican state delegate intrigue edition (updated)

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

Republicans in Governor Terry Branstad’s orbit tried to rig the game to ensure that the March 8 Polk County GOP Convention ratified a long list of at-large delegates to the third Congressional district and state conventions later this year. Shane Vander Hart provides good background at Caffeinated Thoughts. Activist Kim Schmett, who was the GOP challenger to Representative Leonard Boswell in 2008, complained to the Des Moines Register, “Some unknown person is coming up with an ultimate list. Why have a county convention at all if 40 percent of your delegates are hand-picked ahead of time?”

Sounds like Branstad’s team was not satisfied with results from their efforts to turn loyalists out to the off-year precinct caucuses in January. The governor needs to prevent any serious challenge at the state convention to Kim Reynolds’ nomination for a second term as lieutenant governor. I am convinced that if re-elected, he will step down in the middle of his sixth term to ensure that she becomes governor.

State convention delegates may also end up selecting the GOP nominee for Iowa’s open U.S. Senate seat, if no one wins at least 35 percent of the vote in the June primary. Similarly, a third Congressional district convention may select the GOP nominee if none of the six declared IA-03 candidates wins at least 35 percent of the primary votes.

The Iowa Republican blogger Craig Robinson worked with Polk County GOP Chair Will Rogers and two Branstad campaign staffers to resolve concerns over delegate selection. As a result, the at-large slate was reduced from 100 to 50 delegates guaranteed to be at the district and state conventions. Vander Hart commented, “While I’m glad they responded to the backlash it should be the Polk County Republican Executive Committee, not the Branstad Campaign, determining this list.” Obviously.

The Polk County GOP addressed the controversy in a Facebook post I’ve excerpted after the jump. UPDATE: Added some comments below from Dave Chung, an Iowa GOP State Central Committee member. SECOND UPDATE: Added excerpts from Craig Robinson’s commentary.

And now for something completely different: music geeks may enjoy Seth Stevenson’s analysis of the strange time signature of the theme from the original Terminator movie, which (amazingly) is 30 years old this year.

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