Things we don't need: Constitution lessons from Robert Cramer

As the six Republican candidates in Iowa’s third Congressional district made their pitches to the GOP district convention on Saturday, the central Iowa twitterverse focused on this memorable line from Robert Cramer’s stump speech: “Liberals want to give out condoms; I want to give out Constitutions.” It’s part of Cramer’s larger ambition to make IA-03 “the most constitutionally literate district in the nation.”

Fact is, Cramer is just about the last person I would want giving out constitution tutorials. We’re talking about a guy who gave $30,000 to Bob Vander Plaats’ 2010 gubernatorial bid. Vander Plaats famously opposed the Iowa Supreme Court’s 2009 ruling invalidating part of the state’s Defense of Marriage Act. Over time, the wisdom of that ruling has become increasingly accepted. More and more state courts and federal judges, including a majority on the U.S. Supreme Court, have rejected same-sex marriage bans on equal protection grounds.

But even if you didn’t agree with the Iowa Supreme Court’s ruling, it takes a person truly ignorant about our Constitution to get on board with Vander Plaats’ campaign agenda. He promised that if elected, he would “immediately issue an executive order putting same sex marriages on hold until the Legislature and, ultimately the voters, pass judgment on it.” That’s not how the system works. A governor doesn’t get to nullify an Iowa Supreme Court decision. He doesn’t get to force the state legislature to approve a constitutional amendment of his choice either.

After losing the 2010 gubernatorial primary, Vander Plaats became head of the FAMiLY Leader umbrella organization. Cramer agreed to serve as that group’s board president, while Vander Plaats made it his top priority to oust Iowa Supreme Court justices through the statewide retention elections.

This being a Republican primary, I doubt many GOP voters in IA-03 would be put off by Cramer’s lack of constitutional literacy and support of the anti-retention campaign. The fact that his construction firm took federal stimulus money for road bridge projects will probably be a bigger minus. Not that I think there was anything wrong with bidding on contracts that allowed Cramer’s firm to hire 30 or 40 additional people in 2009 alone.

Iowa House rejects broadband access bill

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

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

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

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Weekend open thread: Big Iowa GOP changes

The Republican Party of Iowa and the Iowa Democratic Party held district conventions yesterday. Nothing particularly important happened at the Democratic conventions, but the GOP gatherings continued the march toward overthrowing the “Liberty” faction that gained control soon after the 2012 caucuses. No one from the Ron Paul orbit won a seat on the newly-elected State Central Committee, which will take over after the party’s state convention in June. They are likely to replace Danny Carroll and Gopal Krishna in the party’s top leadership positions.

I’ve listed the new State Central Committee members after the jump. Notable names include Governor Terry Branstad’s legal counsel Brenna Findley and William Gustoff, both elected to represent the third district. Gustoff is a partner in the law firm headed by U.S. Senate candidate Matt Whitaker and State Representative Chris Hagenow. In 2011, Branstad named Gustoff to the State Judicial Nominating Commission, but the Iowa Senate did not confirm him. Findley briefly was an attorney with Whitaker Hagenow after she left Representative Steve King’s staff to run for Iowa attorney general in 2010.

According to Kevin Hall of The Iowa Republican blog, “Liberty” activists handed out flyers at all four district conventions urging delegates not to vote for fourteen State Central Committee candidates. All fourteen of them won seats on the committee anyway.

Another interesting development: the GOP platform committee in the first district removed the plank declaring marriage to be between one man and one woman. Katherine Klingseis reported for The Des Moines Register that the new platform language asserts the government should have no role in marriage. Some delegates tried and failed three times yesterday to restore the traditional marriage plank through amendments. UPDATE: According to conservative blogger Shane Vander Hart, one of the IA-01 convention votes on platform language went 116 to 89 to remove so-called “defense of traditional marriage” from the district GOP platform.

Kathie Obradovich wrote up the six IA-03 candidates’ pitches to Republican convention delegates. For now I consider it more likely than not that the nomination will be decided at a special district convention.

UPDATE: More thoughts on the Iowa GOP State Central Committee changes after the jump.

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

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

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

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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.  

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