Democratic candidate Kayla Koether filed notice late last week that she is contesting the Iowa House district 55 election. According to the certified result following a recount, Republican State Representative Michael Bergan received 6,924 votes to 6,915 for Koether. However, 29 absentee ballots from Winneshiek County were never tallied, even though the U.S. Postal Service confirmed that they were mailed on or before the legal deadline.

Koether had hoped Polk County District Court Judge Scott Beattie would order the disputed ballots to be opened and counted. But on December 20 he dismissed her lawsuit on jurisdictional grounds, saying the state constitution and Iowa Code give the legislative branch–not the courts–power to rule on contests of elections for state House or Senate seats.

A few thoughts on what should happen next, what will happen instead, and what might have happened if Democrats had pursued a different legal strategy.

The Iowa Senate Ethics Committee convened for less than five minutes on December 20 to consider a complaint filed against Democratic State Senator Nate Boulton. Speaking on behalf of the six committee members (three from each party), Republican Chair Jerry Behn said the committee had not attempted to verify the facts underlying Sharon Wegner’s allegations of sexual misconduct. Rather, they determined the panel had no jurisdiction over matters that occurred before Boulton was elected in November 2016.

Boulton had made that point on the first page of his written response to the complaint. He didn’t need to say anything else to achieve the desired outcome at yesterday’s committee meeting. Instead, he submitted more than 30 pages of written material seeking to discredit his accuser. That was a huge mistake.

Iowa Senate Minority Leader Janet Petersen has not assigned State Senator Nate Boulton to serve on any committees during the 2019 legislative session. In a written statement released on December 7, Petersen said, “I will defer making any committee assignments for Senator Boulton until the Senate Ethics Committee completes its ongoing investigation into the complaint filed against him.” In that complaint, filed last month, Sharon Wegner alleged sexual misconduct occurring in 2015, when Boulton was a candidate for the legislature.

Much of the legislature’s work happens in committees, so Petersen’s action will significantly limit Boulton’s ability to influence bills next year.

The move also indicates that Democratic leaders are unlikely to ask Boulton to lead the opposition to high-profile Republican bills during Senate floor debate, as happened several times in 2017 and 2018.

The Iowa Senate Ethics Committee has received a formal complaint from Sharon Wegner regarding alleged sexual misconduct by Nate Boulton before he was elected to the legislature, Brianne Pfannenstiel reported for the Des Moines Register on November 19. It’s unclear whether the complaint will lead to a broader investigation of Boulton, who has ignored calls from some leaders of his caucus to resign.