Another reality check on GOP budget fear-mongering

For months, Republicans lied about Iowa supposedly running a billion-dollar budget deficit. Then they claimed that while Democrats might have balanced the current-year budget, they had pushed the state to the edge of a “cliff” for the following fiscal year. Another billion-dollar shortfall loomed, we were told, because Democrats relied too much on “one-time” federal funding and rejected the GOP’s proposed spending cuts. (By the way, those wouldn’t have saved the state as much money as Republicans claimed).

Yesterday Iowa’s Revenue Estimating Conference increased revenue projections for fiscal year 2011 by just under $298 million, citing improvements in the economy.

The REC additionally made its first projection for the fiscal year that will begin July 1, 2011.  The estimate for that year is almost $5.946 billion. […]

The Legislative Services Agency has previously estimated that Iowa faced a budget gap of between $800 million and $1 billion for the fiscal year that begins July 1, 2011.

Gaps are not deficits. Instead they are projections. And projections of hundreds of millions of dollars are common prior to the beginning of any budget year due to how the state budget is put together.  State lawmakers gather to whittle the state’s budget requests to fit the expected revenue.

Holly Lyons, director of the Legislative Services Agency’s Division of Fiscal Services and an REC member said today’s number would likely mean that the 2012 gap will be roughly $300 million smaller.

Contrary to Republican rhetoric, Democrats were wise not to deeply slash state services during the recession. The 2009 stimulus and other forms of federal fiscal aid did the job of helping Iowa get through a period of declining revenues without making huge cuts in education, Medicaid and other programs. Not using those federal dollars to support the state budget would have imposed unnecessary hardship on Iowans. In addition, deeper public-sector cuts would have further weakened the national economy. The latest U.S. jobs report demonstrated the impact of cutbacks in state and local budgets.

Iowa Republicans should apologize for their drumbeat on “overspending,” but don’t expect anything to change during the last three weeks of the campaign.

Final note: the swings in state revenue projections show that Terry Branstad’s plan to move Iowa to biennial budgeting would be foolish. It’s hard enough to predict revenues 12 months into the future, let alone 24 months out. That’s why many states have abandoned biennial budgeting in recent decades. Branstad hasn’t talked much about this issue since the Republican primary campaign, but he was on record then insisting that Iowa should move away from annual budgets.

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Vaudt would rather risk Iowa's credit rating than do his job

State Auditor David Vaudt has been a heck of a surrogate for Iowa Republicans. Dozens of candidates have adopted his rhetoric about Iowa being on the edge of a budget “cliff.” His false assertions have been featured in television commercials for Terry Branstad, and he joined the GOP nominee for governor on a so-called “truth in budgeting” tour this summer.

There are a few problems with Vaudt’s analysis. Iowa is running a larger than expected surplus, not a deficit. Independent analysts have confirmed our state finances weathered the recession well. Those analysts include all three major bond rating agencies, which have given Iowa the highest possible credit rating.

As the Des Moines Register reports today, however, Vaudt’s management decisions may bring down that credit rating despite Iowa’s relatively strong fiscal position.

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One of these Republicans is not like the others

An outside observer watching the Iowa House and Senate races would have trouble telling the Republican candidates apart. No matter which district you live in, the Republican candidate is using the same talking points in media interviews, campaign ads, or direct mail. They point to deficits that don’t exist, heated sidewalks that don’t exist, and so-called reckless borrowing that hasn’t created any jobs (a big distortion of the I-JOBS program). Republicans blast supposedly out-of-control spending, even though growth in expenditures on business tax credits “far exceeds general fund spending growth” in Iowa. They claim the local Democrat has “forced” large property tax increases, even though economists have debunked that claim, as “dozens of factors” affect property tax rates. Those include local bond issues and changes related to Iowa’s “rollback” calculation.

Sandy Greiner, GOP candidate in Iowa Senate district 45, sounds indistinguishable from other Republicans. At her campaign website and in her her radio advertising, she claims state government is “spending too much.” Like many other GOP candidates, she asserts (wrongly), “The last four budgets passed by the legislature have been the largest in the state’s history.” Greiner herself voted for the fiscal year 2007 budget, the last one approved by a Republican-controlled legislature in Iowa. That budget provided for greater general fund spending than the current-year budget.

Greiner is unique among Republican candidates in one respect, however. No one else leads a group that’s raising and spending more in undisclosed political donations than all candidates will spend in all of Iowa’s 125 legislative races combined.  

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Alternate history: A Grassley primary challenger

From time to time I enjoy pondering counterfactual history questions like “Should the Republicans have nominated Romney in 2008?” or “Could Clinton or Edwards have beaten Obama in Iowa?”

Since establishment Republicans suffered shocking losses last month in the Delaware and Alaska U.S. Senate primaries, another question has been on my mind. Could a primary challenger have taken out or seriously threatened Senator Chuck Grassley in Iowa?

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Second Culver-Branstad debate discussion thread

Governor Chet Culver and Republican Terry Branstad face off in a few minutes at Cedar Rapids’ Coe College. KCRG and the Cedar Rapids Gazette are live-streaming the debate. From 8 to 9 pm people anywhere in Iowa can watch the debate on Iowa Public Television.

Unlike last time around, I won’t shirk my blogger duties. Live-blogging commences after the jump.

UPDATE: For the most part I agree with Todd Dorman; no surprises in the debate. I think whoever prepped Branstad for the debate was wise to have him waive rebuttals when the question didn’t play to a good issue for him.

In reference to the debate sparring over property taxes (see below) Culver’s campaign sent out a list of bills Branstad signed that authorized new or expanded property taxes.

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IA-Gov: Second Culver-Branstad debate preview

Governor Chet Culver and Republican challenger Terry Branstad will debate for the second time tonight at 7 pm. You can watch live online at KCRG in Cedar Rapids, or statewide on Iowa Public Television at 8 pm. I’ll put up a debate discussion thread here later, but first let’s preview each candidate’s message on the big issues likely to come up tonight. As was apparent during the first gubernatorial debate, these two are masters at answering the question they want to answer.

Jobs, flood recovery, tv ads and more are after the jump.

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IA-01 news roundup, with Lange and Braley ads (updated)

Republicans didn’t recruit a high-profile challenger against two-term Representative Bruce Braley, who outperformed Barack Obama in Iowa’s first Congressional district in 2008. For months, Ben Lange’s campaign in this D+5 district attracted little attention as Iowa Republicans talked up their chances against Leonard Boswell in the third district.

Four weeks before the election, Lange is definitely on the radar. Yesterday the National Republican Congressional Committee bumped him up to the top tier of its “Young Guns” program. The NRCC hasn’t reserved any paid media in Iowa so far and isn’t likely to spend on behalf of Lange. But he doesn’t need their help–not with the 501(c)4 group American Future Fund reserving $800,000 in air time to attack Braley on top of direct mail and robocalls criticizing the incumbent.

A survey of recent news and advertising in the IA-01 race is after the jump.

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Catching up on the Iowa attorney general's race

Republican attorney general candidate Brenna Findley has been one of the hardest-working challengers in Iowa this year. For months, she’s been campaigning across the state, and she’s raised lots of money, helped by her close ties to Representative Steve King and an enthusiastic booster in Terry Branstad. Findley launched her introductory television commercial this week and has had a radio ad running since mid-September. In contrast, 28-year Democratic incumbent Tom Miller has been mostly invisible on the campaign trail.

Findley’s introductory tv and radio ads are after the jump, along with some other recent news from the attorney general’s race.  

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"Heated sidewalks": A lie coming to a statehouse race near you

Direct mail attacking Democratic incumbents has reached voters in many competitive Iowa House and Senate districts. From reports I’ve heard, most mailers employ cookie-cutter messaging about unsustainable spending, or supposedly “forced” property tax increases, which have been debunked again and again.

One GOP talking point had me stumped: in press conferences, message-testing phone calls and campaign mailers, Republicans have accused Democrats of spending thousands of dollars on “heated sidewalks.”

Follow me after the jump for background on the origin of this canard. You’ll be “shocked” to learn that Iowa House and Senate Democrats did not vote to spend money on heating sidewalks, nor are such sidewalks planned or installed anywhere in Iowa.  

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Schultz snubbed as own county auditor backs Mauro

Matt Schultz, the not-very-informed Republican who wants to be Iowa’s chief elections officer, has been on a tear lately. Last week he launched the Stop Mauro website, which publishes new allegations almost daily about Secretary of State Mike Mauro’s supposedly nefarious doings. A common thread in Schultz’s rhetoric, dating from the Republican primary campaign, is that Mauro engages in Chicago-style politics, which have no place in Iowa.

On October 1 Schultz slammed Mauro for filming public-service announcements regarding new voting technology for the visually impaired. Radio Iowa’s Kay Henderson covered Schultz’s joint press conference with Republican state treasurer candidate Dave Jamison. Mauro’s office responded as well. There is an obvious public interest in educating Iowans about new voting equipment during election season. Mauro appears in the commercial, but so do a Republican county auditor and the president of the Iowa Chapter of the National Federation of the Blind. More details on the production, funding and script of the ad are here.

Schultz’s attention-getting press conference seems to have backfired. On Monday two more Republican county auditors joined the crowd supporting Mauro for re-election. One of the new endorsers was Marilyn Jo Drake of Pottawattamie County. Schultz is well-known there, having served on the Council Bluffs City Council since 2005. But Drake said in a statement, “I’m proud to support Michael Mauro as he seeks a second term as Secretary of State. Michael Mauro has been a strong and effective partner with county auditors across Iowa. I encourage all Iowans to vote for him this fall.”

Elected county officials rarely back statewide candidates from the other party. Schultz doesn’t have the experience to do this job, and his unfounded claims don’t inspire confidence from the county auditors who work with the Secretary of State’s office.

Jamison’s complaints about State Treasurer Michael Fitzgerald are no more convincing. Jamison claims “taxpayers” are funding television, radio and newspaper ads featuring Fitzgerald. The ads publicize the College Savings Iowa 529 plan and the “Great Iowa Treasure Hunt,” which encourages Iowans to retrieve unclaimed property from the state. Deputy State Treasurer Karen Austin told me that unclaimed property finances the publicity for the treasure hunt, which state law requires twice a year. Those ads typically appear in May and September. The state’s general fund budget doesn’t pay for the college savings fund commercials either; those are funded by the 529 plan’s assets. Austin told Kay Henderson that many states including Iowa normally promote college savings in September. Jamison accused Fitzgerald of using public funds to promote himself, but

Austin says, “The way that we look at it, is having a state office that does this adds credibility to the program, and that is one thing that gives people comfort in understanding and knowing who is promoting this program, and why should I invest in this program and is that state tax benefit legitimate. So we have always felt that it is very important to make sure that people understand what this program is.”

Similarly, Schultz claimed the commercials on voting technology could have been produced without featuring Mauro. Guess what? Incumbents have some natural advantages in politics–like when Republican office-holders use taxpayer money to fund visits to all 99 Iowa counties every year.

Share any thoughts about the secretary of state or state treasurer races in this thread.

P.S. One point on the Stop Mauro site deserves additional comment. Schultz says Mauro “snubs the law,” citing a 2008 Polk County district court ruling. The court determined that Mauro violated Iowa’s official English law by providing and accepting voter registration forms printed in other languages. Legal scholars Evan Seite and Michael Zuckerman have analyzed this case in detail, and the issues at hand are more complicated than Schultz implies. In fact, the judge who wrote the King v Mauro opinion “suggested that the federal Voting Rights Act […] might require Iowa’s use of non-English voter registration forms” under an exception allowing for “language usage required by or necessary to secure the rights guaranteed by the Constitution and laws of the United States.” If plaintiffs ever challenge the Iowa English Language Reaffirmation Act in federal court, Mauro’s actions may be vindicated. Zuckerman argues that English-only laws are constitutionally vulnerable as applied to voting.  

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Anti-judge campaign hiding who pays for their robocalls

At about 6:20 pm today I received a robocall informing me about one of the “most important” elections this year, which is “buried at the bottom of your ballot.” The recorded female voice told me that voting no on the three Iowa Supreme Court judges would send a “clear message,” since the judges had ignored the “overwhelming” will of the people, blah blah blah. Toward the end the caller again urged me to vote no on retention, adding a populist closing line: “This time, you get to be the judge.”

I was taking notes as fast as I could, ready to write down who paid for the call and the phone number of the sponsor. However, the call ended without giving any of that information. Using *69, I learned that the source of my last incoming call was 515-418-9339, but when I pressed 1 to contact that number, I heard, “The number called cannot be reached.” Subsequent attempts to dial 515-418-9339 didn’t produce a ring, busy signal or any answering machine message.

In federal elections, groups making automated calls must “identify themselves at the beginning of the call and provide a call-back number.” Although most robocalls I’ve received do provide that information, Iowa statute does not require it, to my knowledge.

I wonder why those campaigning against the Iowa Supreme Court judges are reluctant to publicize who is bankrolling their campaign activities. Shouldn’t the sponsor be “loud and proud” about what they’re doing? Perhaps they don’t want to call attention to the vast amounts of out-of-state money trying to influence the retention vote. The Washington, DC-based National Organization for Marriage and the Mississippi-based American Family Association Action are spending hundreds of thousands of dollars urging Iowans to vote no on retention.

Please share any relevant thoughts, and post a comment or contact me off-line if you’ve received the same robocall.

Farm Bureau sues to block water quality rules

Yesterday the U.S. Environmental Protection Agency formally approved the new “antidegradation” rules adopted by the Iowa Department of Natural Resources to protect high quality Iowa waters. The Iowa Farm Bureau Federation and two industry groups immediately filed a lawsuit challenging the legality of the state Environmental Protection Commission’s vote to adopt the antidegradation rules. The EPC and the DNR are named as defendants.

A Farm Bureau press release charged that two members of the EPC should not have been able to vote on the rule. Carrie LaSeur, president of the non-profit organization Plains Justice, “was already living and voting in Montana when she cast her vote on the Iowa antidegradation rule,” the lawsuit contends. “That is a clear violation of the residency laws governing the EPC, which require members to be registered Iowa voters.” The lawsuit further claims EPC member Susan Heathcote had a conflict of interest because she works for the Iowa Environmental Council, a non-profit that advocated adoption of antidegradation standards. Environmental attorney James Pray posted a link to the petition on his blog and summarized a third angle to the lawsuit:

The third count alleges that Iowa’s antidegradation rules are more restrictive than the federal law. Iowa Code section 455B.105(3) requires the EPC to state in the Notice of Intended Action or preamble that a rule will be more restrictive than what is required under federal law. The Iowa antidegradation rule invents a Tier 2 1/2 designation in between the federal Tier 2 and Tier 3 designation. No mention was made in the preamble or Notice of Intended Action that this change was in the offing.

The Iowa Farm Bureau has 154,000 members. The Iowa Renewable Fuels Association, and the Iowa Water Environment Association are industry groups with 100 and 600 members, respectively. All three groups have some members who will be required to obtain or renew NPDES permits that comply with antidegredation requirements.

The EPC has nine commissioners and needs at least five yes votes to adopt a rule. The antidegradation rule passed on December 15, 2009 by a vote of six to two with one abstention (pdf). In other words, it would have passed without LaSeur voting, or without Heathcote, but not without both of them.

I am not an attorney and don’t know Iowa case law relating to residency and LaSeur’s eligilibity to serve on a state commission.

Heathcote declined my request for comment today, not having had a chance to read the legal petition. She had served on the EPC for more than two years before the antidegradation rule passed, but this is the first lawsuit challenging her ability to vote on commission matters related to environmental regulation.

The EPA noted yesterday that the federal Clean Water Act requires Iowa “to develop and adopt a statewide antidegradation policy and to identify procedures for implementing the policy.” I thought Iowa’s many years of non-compliance were over once opponents failed to stop the water quality rules in the Iowa legislature’s Administrative Rules Review Committee in February. The Farm Bureau’s lawsuit means at least a delay and perhaps the demise of rules designed to “maintain and protect high quality waters and existing water quality in other waters from unnecessary pollution.”  

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Investor group ranks Iowa third best-run state

Another independent analysis concludes Iowa is well-managed and compares favorably to most other states. 24/7 Wall St, a website geared toward investors, released its survey of “The Best and Worst Run States in America on Monday. Iowa ranked third, behind Wyoming and North Dakota. This survey took many indicators into account:

It is based on evaluation principles used in the award-winning Best Run States In America ratings published by the Financial World Magazine during the 1990s. These studies were used by state governments to evaluate the efficiency of their own operations. The new 24/7 Wall St. study is meant to help businesses and individuals examine state operation with an unbiased eye.

The word involved in comparing states is challenging. This is due the volume of the data and the many ways it can be interpreted. A comparison is made even more difficult because state governments have advantages and disadvantages that may be decades old. These include the presence of natural resources, the the decisions by large companies to locate or leave and the extent to which populations are rural or urban. […]

Ultimately, however, states can control their own destinies. Well-run states have a great deal in common with well-run corporations. Books are kept balanced. Investment is prudent. Debt is sustainable. Innovation is prized. Workers are well-chosen and well-trained. Executives are picked based on merit and not “politics.”

24/7 Wall Street identified surveys with complete data sets for each state. Using this data, our formula ranked each state giving weight to metrics that are most important to prudent governance. In addition to traditional fiscal information, including GDP per capita, debt per capita, and and credit rating, our analysis also showed the impact of state policies on its residents.

24/7 Wall St posted more information about its methodology near the bottom of this page. Governor Chet Culver and the Democratic-controlled state legislature can’t take credit for all of the factors that helped Iowa gain such a high ranking. However, this survey demonstrates the emptiness of Republican campaign rhetoric about “out of control” state spending and borrowing. Iowa has maintained a top credit rating and the sixth-lowest debt per capita, and our unemployment rate is relatively low by national standards.

Since Democrats gained Iowa House and Senate majorities four years ago, they have passed bills to expand access to health care for children and adults (see here and here for two examples). Those laws helped reduce Iowa’s already low percentage of residents without health insurance. Only Massachusetts and Hawaii now score better than Iowa on this metric, according to a chart near the middle of this page in the 24/7 Wall St report.

Yet again, outside analysts who don’t have a dog in the outcome of Iowa elections have concluded that the state is doing well, thanks to capable and prudent management. Don’t expect Republicans to notice, though.

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Comparing Culver's I-JOBS to Christie's borrowing in New Jersey

New Jersey Governor Chris Christie is headlining a sold-out fundraiser for Republican gubernatorial candidate Terry Branstad in Des Moines this evening. Branstad has praised Christie for “cleaning up the state’s budget and again putting his state on the right track.” One Republican speaker after another tonight will bash Iowa Governor Chet Culver, ignoring the fact that our state ended the last fiscal year with a sizable surplus and has been described as one of the states “least like California” in terms of budget problems.

Bleeding Heartland would like to welcome Christie to Iowa by comparing his record on state borrowing with Culver’s I-JOBS infrastructure bonding program, a frequent Republican punching bag.

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Register poll finds judicial retention vote a "tossup"

The latest Des Moines Register poll by Selzer and Co finds three Iowa Supreme Court justices are in danger of not being retained this November. The Register’s Monday edition contains details from that portion of the poll, which surveyed 550 likely voters and has a margin of error of plus or minus 4.2 percent.

Among all likely voters, just 31 percent plan to vote to retain all three Supreme Court justices, 12 percent will vote to retain some of them, 29 percent will vote against retaining all of them, 16 percent will probably not fill out that part of the ballot, and 12 percent were unsure. Among respondents who planned to vote on the retentions, 44 percent said they would vote to retain all the Supreme Court judges, 16 percent said they would vote to retain some, and 40 percent will vote to remove all three.

Click here for the Register’s graph showing the breakdown among certain demographic groups (party affiliation, income, union household and born again Christian). Grant Schulte summarized the findings:

Retention supporters and opponents split largely on party lines. Voters most likely to retain all the justices were Democrats, women, younger Iowans, union households, and those with high incomes and college degrees.

Senior citizens, Republicans, men, tea party supporters, born-again Christians, low-income voters and those with only a high school education were more likely to vote “no” to all the justices, the poll found.

I had feared worse numbers, since the Register’s poll was in the field September 19-22, not long after television commercials making the case against retention started running statewide.

Schulte’s article notes,

The retention election could hinge on which side mobilizes the most down-ticket voters. A Register analysis of voting records in the past two non-presidential elections shows that only 60 percent of Iowa voters answered the retention questions for justices and appeals-court judges.

The judges don’t plan to campaign for themselves. Groups backing retention won’t be able to match the advertising budgets of groups on the religious right. I doubt they will reach as many voters as the pastors who plan to preach directly against retaining the judges either.

Ousting three Supreme Court wouldn’t change Iowa’s judicial system right away, but it would give momentum to those who want to replace merit-based selection with a more politicized process. Please remind your friends to fill out the whole ballot and vote yes on the judges up for retention.

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NRA releases bipartisan, incumbent-heavy Iowa endorsement list

The National Rifle Association released its complete list of Iowa endorsements late last week. Though the announcement didn’t receive as much media coverage as the group’s backing for Democratic Governor Chet Culver, announced a few days earlier, I found some of the choices interesting. Like the Iowa Corn Growers Association, the NRA has a policy of endorsing incumbents who have supported the group’s agenda, regardless of party. (In contrast, the Iowa Farm Bureau Federation endorsed almost exclusively Republicans this year, passing over many Democrats in the state legislature who have supported that group’s agenda.)

The NRA Iowa endorsements and candidate ratings candidates are here. Some highlights are after the jump.

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Weekend open thread: No excuse for sloppiness edition

Exactly one month remains before the November election. Many Iowans have already received phone calls or direct mail promoting or attacking candidates for the state legislature, and those voter contacts will accelerate in the final weeks. Based on what I’ve heard about Republican message-testing phone calls in various Iowa House and Senate districts, Democratic candidates can expect lots of lies or distortions: the so-called “budget deficit” that doesn’t exist, alleged attempts to force workers to join unions, the claim that I-JOBS hasn’t created any jobs, and alleged government spending on “heated sidewalks” that never happened.

I’ll have more on Iowa Republicans’ lies and exaggerations in the coming weeks. I encourage Bleeding Heartland readers to help get the word out by posting diaries here or e-mailing me (desmoinesdem AT yahoo.com) about any deceptive mailings and robocalls you receive.

Meanwhile, it’s imperative that Democratic candidates and allied groups stick to the facts when criticizing Republican opponents. This week Iowa conservative bloggers were enraged over mailers attacking Kent Sorenson, GOP challenger against State Senator Staci Appel in Senate district 37. The seat is one of Republicans’ top targets, and activists in both parties expect a close election. Shane Vander Hart posted two of the mail pieces on the Des Moines Register website. At least one was paid for by the Iowa Democratic Party; I can’t tell from Vander Hart’s photo who paid for the other piece.

The mailers highlight Sorenson’s vote against Senate File 2357, which Governor Chet Culver signed into law this year after it passed with bipartisan support. The bill prohibits “a person who is the subject of a no-contact order or a protective order or who has been convicted of a misdemeanor crime of domestic violence from possessing, transferring, or selling firearms and ammunition or offensive weapons.” Sorenson and most other Republicans felt making someone give up their guns because of a no-contact order was taking away a constitutional right “without due process.” It disgusts me when self-styled law and order Republicans care more about domestic abusers’ gun rights than about preventing violent crimes. A large percentage of women who are murdered are killed by male partners or ex-partners who have previously abused or threatened them. Women have to demonstrate a pattern of abuse or harassment in order to get a no-contact order. Criticizing Sorenson for that vote is fair game.

The mailers also mention House File 596, which Sorenson co-sponsored in 2009. This bill would have relaxed concealed weapons permit requirements. Thankfully, it never made it out of subcommittee. The anti-Sorenson mailers claim HF 596 “would allow concealed weapons in bars.” That’s partly true; from my reading of the bill, it looks like only people in certain occupations would be able to carry concealed weapons in bars (a bad idea). The mailers also claim HF 596 “would allow kindergarten teachers to carry concealed weapons in classrooms.” I can’t find anything in the text of the bill to support that claim. Sorenson may be crazy, but even he isn’t that crazy.

Stretching the truth to score political points is not only wrong, but also likely to backfire. Sorenson does hold extreme views on guns. His own supporters cheer his efforts to repeal all handgun permit requirements and eviscerate Iowa’s permitting system in other ways. Unfortunately, sloppy work by whoever produced those direct-mail pieces will allow Sorenson to portray himself as the victim of a smear campaign.

Democrats shouldn’t let Republican attacks go unanswered, but they need to stick to the reality of Republicans’ voting records, public statements and the wacky ideas in the Iowa GOP platform.

Speaking of sloppiness, why does anyone listen to Krusty Konservative? This week he stated definitively that the National Rifle Association had endorsed Appel over Sorenson. The NRA announced a few days later that it was backing Sorenson. Click here to view the rest of the NRA’s Iowa endorsements.

This is an open thread, so feel free to share anything that’s on your mind this weekend.

Iowa Supreme Court justices won't campaign for themselves

Iowa Supreme Court Chief Justice Marsha Ternus confirmed on September 30 that she and her colleagues will not wage a campaign urging Iowans to retain them in office.

Ternus said she and justices David Baker and Michael Streit don’t want to set an example for judges by campaigning and raising money.

“How would you feel, as a litigant, to appear in court and know that the opposing party’s attorney gave money to the judge’s re-election campaign and your attorney didn’t? Is that the kind of system Iowans want? I just hope they think about it. This is way more important than whether any one judge is retained or not,” she said.

I’ve talked to some people who are frustrated the Supreme Court justices aren’t more actively defending themselves and their records. I admire them for honoring the principle that judges should not engage in election-style campaigns, even when their own jobs are on the line.

Former Republican gubernatorial candidate Bob Vander Plaats is heading a campaign to oust the judges. His Iowa for Freedom organization has massive financial backing from the American Family Association and the National Organization for Marriage. Hundreds of thousands of dollars have already been spent on a statewide television commercial and radio advertising urging Iowans to vote no on retaining Ternus, Streit and Baker.

The Justice, Not Politics coalition formed recently to defend the judges and our current judicial system, but they won’t be able to match the conservative groups’ spending against the judges. The Iowa State Bar Association has created Iowans for Fair and Impartial Courts, but as a pending 501(c) organization, that group cannot explicitly urge Iowans to vote yes on retaining the Supreme Court justices.

Please remind your friends and relatives to turn the ballot over and vote yes on retaining the judges listed. All of them “are well qualified to remain as judges” according to the Iowa State Bar Association’s survey of Iowa attorneys. Survey results were released on October 1. All 74 judges up for retention this year received “high marks” for “professionalism and demeanor” on the bench. The Des Moines Register listed the bar association’s survey results for the three Supreme Court justices and all Polk County judges on the ballot.

All judges had more than 70 percent support from the attorneys, but Ternus’ retention rating (72 percent) was lower than the ratings for Streit and Baker. In general, women judges receive lower retention ratings from the legal community than men on the bench. Ternus also made the news in the summer of 2009 when seven 19-year-olds, including her son, were arrested for drinking at a party outside her home. Her husband was charged with interference with official acts as Polk County sheriff’s deputies broke up that party, but the charge was later amended to harassment of a public official.

UPDATE: Saturday’s Des Moines Register offered another possible explanation for Ternus’ slightly lower rating:

But the vote also follows a tight budget year for the courts. Ternus, who issues administrative orders as part of her duties, required clerk-of-court offices to reduce their public hours, and imposed courthouse closure days as a cost-cutting measure. Some court reporters were laid off.

“The chief justice is the person who addresses issues such as dealing with court’s budget, or administrative issues in the court,” Knutson said. “Certainly, she had to be the public face on some of those hard decisions.”

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