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.  

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.  

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.

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.

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.  

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.

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.

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.”

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.  

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.

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.

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.

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.

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.  

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.

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.  

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.

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.  

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.

Democrats appear to be in a strong position to hold their Iowa Senate majority, based on a first review of the landscape since the filing period for major-party candidates ended yesterday.