# Bruce Hunter



Article III, Section 29: Iowa Supreme Court, legislature both got it wrong

Cato is an attorney who spent most of his career fighting for civil liberties and other public policy matters in Iowa. He is a lifelong Iowan. His legal interests include constitutional law (separation of powers), federalism, legislative procedures and public policy, and the laws of war. Editor’s note: Bleeding Heartland allows guest authors to publish under pseudonyms at Laura Belin’s discretion.

INTRODUCTION

The Iowa General Assembly changed some practices in light of the Iowa Supreme Court’s ruling in LS Power Midcontinent v. Iowa, which struck down the Right of First Refusal (ROFR) portion of the 2020 Budget Omnibus Bill (House File 2643) as violating Article III, Section 29 of the Iowa Constitution. Justice Thomas Waterman wrote the decision, joined by Chief Justice Susan Christensen and Justices Edward Mansfield and Christopher McDonald. Justices Dana Oxley, Matthew McDermott, and David May recused from the case.

In the weeks following the court ruling, Republicans in both the state House and Senate refused to answer questions during floor debate regarding ambiguities in legislation and other questions relating to how certain language will play out in the real world lives of Iowans. Iowa media covered those developments in April:

Senate and House Republicans seem to have stopped answering questions because the Iowa Supreme Court’s LS Power ruling extensively quoted comments Senator Michael Breitbach made while floor managing HF 2643. They apparently believe the Court used these floor comments as justification for striking down the ROFR provision at issue in that case. 

Attorneys for the state and for intervenors filed applications on April 7, asking the Court to reconsider its conclusions and holdings in the ruling. LS Power filed its response on April 19. The Supreme Court denied the request for a rehearing on April 26 without much explanation. An amended opinion released on May 30 corrected some (but not all) factual inaccuracies in the initial ruling. 

The General Assembly adjourned its legislative session on May 4 without any action in response to the court denying the requests for a rehearing. Only time will tell how this constitutional impasse between the legislative and judicial branches gets resolved. Paths available to both branches could restore the balance of power without escalating the dispute. 

Regardless of how long it takes or how the dispute gets resolved, Iowans must never forget that your constitution exists for the sole purpose of protecting and guaranteeing your individual rights and liberties as free and independent People. Iowa Const. Art. 1, Sec. 2 (“All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the public good may require it.”). 

This article hopes to explain why the Iowa Supreme Court and Republicans in the Iowa House and Senate are both guilty of violating the Iowa Constitution, while also seeking to provide a framework to resolve the impasse between the legislative and judicial branches. Similarly, this article hopes to persuade a future litigant to nudge the court in the right direction in a future case, and to persuade the people to nudge the General Assembly in the right direction consistent with this constitutional framework. 

To that end, here is the analysis of Article III, Section 29 of the Iowa Constitution from the perspective of the Iowa People. 

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Ten Iowa Democratic legislative primaries to watch in 2022

UPDATE: I’ve added unofficial results for each race.

Iowa Democrats have more competitive state legislative primaries in 2022 than in a typical election cycle. That’s partly because quite a few House and Senate members are retiring, and partly because the redistricting plan adopted in 2021 created some legislative districts with no incumbents.

In most of the races discussed below, the winner of the primary is very likely to prevail in November. However, a few of the districts could be targeted by one or both parties in the general election.

All data on past election performance in these districts comes from the Iowa House and Senate maps Josh Hughes created in Dave’s Redistricting App. Fundraising numbers are taken from the Iowa Ethics and Campaign Disclosure Board’s database.

This post is not an exhaustive account of all contested Democratic primaries for state legislative offices. You can find the full primary candidate list here.

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Iowa Democrats won't speak truth to ethanol power

The biofuels industry got a big win in the Iowa legislature this week, as the state House and Senate approved a bill requiring most gas stations in the state to dispense a higher ethanol blend known as E15 from at least half of their pumps.

All but a handful of Democratic legislators voted for the bill, and no Democrat spoke against the proposal during Senate or House floor debate.

It was the latest example of how Iowa Democratic politicians have embraced biofuels industry talking points and avoided challenging any policies seen as supporting ethanol.

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Iowa Republicans close to deal on cutting unemployment benefits

The Iowa House and Senate approved similar bills on March 23 that would substantially cut unemployment benefits for jobless Iowans. The legislation, a priority for Governor Kim Reynolds, had been stalled for weeks, raising questions about whether Republican leaders could find the votes to pass it in the House.

Both versions of the legislation include the centerpiece of the proposal Reynolds highlighted during her Condition of the State address in January: reduce the maximum unemployment benefits in one year from 26 weeks to sixteen weeks. Currently, most states provide up to 26 weeks of unemployment benefits per year, while only a handful of states provide a maximum of sixteen weeks or fewer.

The revised bill, House File 2355, also includes provisions that would force Iowans to accept new jobs for lower pay sooner, and would make it easier for Iowans to be denied benefits entirely.

A House amendment offered by State Representative Mike Bousselot removed language that would have denied Iowans benefits the first week they were unemployed. Senate Republicans put the one-week waiting period back in the bill before approving it.

All House and Senate Democrats voted against the bills, as did two Republicans in each chamber: State Representatives Martin Graber and Charlie McClintock, and State Senators Zach Nunn and Jeff Reichman.

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Iowa House Democrats head for the exits

UPDATE: Charlie McConkey became the sixteenth House Democrat to confirm he won’t seek another term. Original post follows.

Nearly 40 percent of the Democrats who now serve in the Iowa House have confirmed they won’t seek re-election this year, and several long-serving incumbents have yet to clarify their plans.

The exodus involves not only lawmakers of retirement age, like State Representatives Marti Anderson and Bruce Hunter, but also some who have decades left in their working lives, like State Representatives Ras Smith, Chris Hall, and Kirsten Running-Marquardt, the latest to announce she won’t continue serving in the legislature.

The unusually high turnover may reflect some pent-up demand; older lawmakers who might have retired a few years ago hung on in light of realistic hope that their party could regain control of the chamber in the 2018 or 2020 elections. That prospect seems remote now, with Republicans enjoying a 60-40 majority and the new political map creating fewer than ten strong pickup opportunities for House Democrats.

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Who's who in the Iowa House for 2022

The Iowa House opened its 2022 session on January 10 with 60 Republicans and 40 Democrats, a one-seat gain for the GOP compared to last year, thanks to a special election last fall.

The House members include 69 men and 31 women (21 Democrats and ten Republicans), down from a record 34 women in 2019 and 33 women in 2020.

Six African Americans (Democrats Ako Abdul-Samad, Ruth Ann Gaines, Ras Smith, Phyllis Thede, and Ross Wilburn, and Republican Eddie Andrews) serve in the legislature’s lower chamber. Republican Mark Cisneros is the first Latino elected to the Iowa legislature, and Republican Henry Stone is only the second Asian American to serve in the House. The other 92 state representatives are white.

Democrat Liz Bennett is the only out LGBTQ member of the Iowa House. To my knowledge, Abdul-Samad (who is Muslim) is the only lawmaker in either chamber to practice a religion other than Christianity.

I’ve posted details below on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted changes since last year’s session. The most significant: Republican Mike Bousselot won a September special election following the death of Republican John Landon, and Republican Jon Dunwell won an October special election after Democrat Wes Breckenridge left the legislature for another job.

Some non-political trivia: the Iowa House has two members with the surname Meyer (a Democrat and a Republican). As for popular first names, there are six Davids (three go by Dave), three Roberts (a Rob, a Bob, and a Bobby), three men named Tom or Thomas, three named Steve or Steven, three named Charles (a Chuck and two Charlies), three Brians, three men named Michael (two go by Mike), three Jons and two Johns, and two men each named Gary, Dennis, and Ross. There are also two Elizabeths (a Beth and a Liz), two Shannons, an Ann and an Anne, and two women named Mary (down from four in 2020).

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Srinivas, Bagniewski running for Iowa House seats in Des Moines

The Iowa House Democratic caucus is poised to have more turnover than usual after the 2022 election, as the new legislative map created open seats in some solid blue areas, and several sitting lawmakers have confirmed they won’t seek re-election.

In Des Moines, Megan Srinivas and Sean Bagniewski are the first Democrats to begin campaigning in two House districts where the winner of the June primary is virtually guaranteed to be elected next November.

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Why did so many Democrats vote for Iowa's COVID-19 vaccine law?

Governor Kim Reynolds was “proud” to sign a bill designed to make it easier for Iowans to get around COVID-19 vaccination mandates in the workplace. State Representative Henry Stone, who floor managed the bill in the House, said Republicans worked on this legislation for months, seeking ways to lessen the impact of the Biden administration’s expected rules requiring large employers to mandate COVID-19 vaccinations or frequent testing of employees.

Democrats had no input on the proposal and did not see the bill text until hours before lawmakers debated House File 902 on October 28. Nevertheless, both chambers approved the bill by surprisingly large margins: 68 votes to 27 in the House and 45 votes to 4 in the Senate.

Why did so many Democrats vote for a bill that one supporter described as “a joke” during debate?

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First look at Iowa's new House, Senate maps in cities, suburbs

Now that Iowa’s political maps for the next decade have been finalized, it’s time to look more closely at the district lines in and near larger metro areas. Although most districts anchored in cities are safe for Democrats, these metros will include quite a few battleground Iowa House and Senate races over the next two election cycles. Several “micropolitan” districts containing mid-sized cities remain competitive as well, and a forthcoming post will cover those maps.

I’ll write more about the political landscape of individual House or Senate districts once lawmakers and other contenders have confirmed their plans for next year. Several incumbent match-ups have already been worked out, and I’m continuing to update this post. (Please send tips on candidate announcements.)

I’ve grouped each Iowa Senate district with the two state House districts it wholly contains.

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Rest in peace, John Landon

State Representative John Landon passed away on July 29, his family announced. He was serving his fifth term representing Iowa House district 37, covering part of Ankeny. In tributes posted publicly, many Republican colleagues commented on Landon’s kindness and work ethic, including Governor Kim Reynolds, Secretary of State Paul Pate, House Speaker Pat Grassley, and Garrett Gobble, who now represents the other Ankeny House district.

Landon had chaired the House Administration and Regulation Appropriations Subcommittee since 2015, and also served this year on the Commerce and Transportation committees. Although he missed much of the 2021 legislative session while being treated for the illness that claimed his life, he was able to floor manage the bill setting the fiscal year 2022 budget for a number of state agencies and the offices of the governor, secretary of state, and state auditor.

Democratic State Representative Bruce Hunter, who served on the budget panel Landon led, told Bleeding Heartland on July 30 that Landon was “the nicest guy in the House” and someone who reached across the aisle when bills or amendments were being considered.

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Housing discrimination bill in limbo amid concerns over federal funding

Nearly six weeks have passed since Republican lawmakers approved a bill prohibiting local governments from banning “source of income” discrimination. Yet Senate File 252 still has not been sent to Governor Kim Reynolds, according to the legislature’s website.

While Iowa’s legislature is in session, the governor has three days to sign or veto any bill that reaches her desk, or it will become law without her signature. The governor’s staff often asks for an extra week or two to review a measure’s contents. But there is no recent precedent for the legislature to sit on a bill for this long.

The governor must eventually act on every bill the legislature passes. The unusual delay has fueled speculation that Reynolds may cast a rare veto of a bill approved by the Republican-controlled House and Senate.

Communications staff for the governor and legislative leaders did not respond to Bleeding Heartland’s inquiries about why Senate File 252 has been held up. But signs point to the bill jeopardizing some federal housing funds.

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Who's who in the Iowa House for 2021

The Iowa House opened its 2021 session on January 11 with 59 Republicans and 41 Democrats, a big improvement for the GOP from last year’s 53-47 split.

The House members include 69 men and 31 women (21 Democrats and ten Republicans), down from a record 34 women in 2019 and 33 women last year.

Six African Americans (Democrats Ako Abdul-Samad, Ruth Ann Gaines, Ras Smith, Phyllis Thede, and Ross Wilburn, and Republican Eddie Andrews) will serve in the legislature’s lower chamber. Republican Mark Cisneros is the first Latino elected to the Iowa legislature, and Republican Henry Stone is only the second Asian American to serve in the House. The other 92 state representatives are white.

Democrat Liz Bennett is the only out LGBTQ member of the Iowa House. To my knowledge, Abdul-Samad (who is Muslim) is the only lawmaker in either chamber to practice a religion other than Christianity.

I’ve posted details below on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted changes since last year.

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Iowa governor offers state employees two-year pay freeze

At televised news conferences, Governor Kim Reynolds often expresses appreciation for Iowans “doing the right thing” and helping our state get through the COVID-19 pandemic.

Her gratitude apparently doesn’t extend to some 19,000 state employees, many of whom worked longer hours than ever this year, under extraordinary stress. The governor’s offer to nurses, university staff, corrections officers, and others represented by AFSCME Council 61: no raise for the two years beginning on July 1, 2021.

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A last-minute Republican double-cross on absentee voting in Iowa

UPDATE: Governor Kim Reynolds signed this legislation on June 30.

Iowa Republicans have perfected the art of sneaking attacks on constitutional rights or the rule of law into budget bills shortly before adjourning for the year.

Last-minute budget amendments in 2019 sought to shorten the Iowa Supreme Court chief justice’s term, increase the governor’s influence over selecting judges, restrict medical care for transgender Iowans, and stop Planned Parenthood from obtaining sex education grants. Those measures spawned four lawsuits.

Judges will surely hear challenges to legislation Republicans enacted while burning the midnight oil this past weekend. A forthcoming post will address a 24-hour waiting period for abortion, approved during the session’s closing hours.

This post focuses on provisions that would make it harder for Iowans to vote by mail. Marc Elias, one of the country’s most prominent Democratic election lawyers, promised on June 14, “This will not stand. We will sue.”

Don’t bet against him. A Polk County District Court already struck down similar language in an administrative rule as “irrational, illogical, and wholly unjustifiable.”

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Bipartisan deal on election bill brewing in Iowa House (updated)

House members approved the amended bill by 95 votes to 2 on the evening of June 11. The Senate took up the bill around 12:45 am on June 13. Following a brief debate, during which three Democratic senators spoke against the House version, senators concurred with the House amendment and approved the bill by 31 votes to 16. However, some of the disenfranchising provisions related to absentee ballots surfaced again on June 14, attached to a budget bill. Bleeding Heartland covered that debate here.


Original post follows.

After a contentious debate on June 10, the Iowa Senate approved by 30 votes to 19 a bill including controversial changes to election law. The proposal has drawn extensive local and national media coverage for a provision that would ban Iowa’s secretary of state from sending absentee ballot request forms to any voter who did not request one.

House File 2486 now goes to the lower chamber, where an amendment filed the evening of June 10 suggests Democrats and Republicans have agreed to strip out much of Senate State Government Committee Chair Roby Smith’s handiwork.

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Who's who in the Iowa House for 2020

The Iowa House opened its 2020 session on January 13 with 53 Republicans and 47 Democrats, a change from last year’s 54-46 split due to State Representative Andy McKean’s party switch shortly before lawmakers adjourned last year.

The House members include 67 men and 33 women (23 Democrats and ten Republicans). Although 34 women were elected to the chamber in 2018 (a record number), State Representative Lisa Heddens stepped down last summer, and Ross Wilburn won the special election to serve out her term in House district 46.

Five African Americans (Democrats Ako Abdul-Samad, Ruth Ann Gaines, Ras Smith, Phyllis Thede, and Wilburn) will serve in the legislature’s lower chamber; the other 95 lawmakers are white. No Latino has ever been elected to the Iowa House, and there has not been an Asian-American member since Swati Dandekar moved up to the state Senate following the 2008 election. Democratic State Representative Liz Bennett is the only out LGBTQ member of the lower chamber. To my knowledge, Abdul-Samad (who is Muslim) is the only lawmaker in either chamber to practice a religion other than Christianity.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted significant changes since last year.

Some non-political trivia: the Iowa House includes two Smiths (both Democrats), while the other 98 members have different surnames. As for popular first names, there are six Davids (four go by Dave), four Marys (one goes by Mary Ann), three Roberts (a Rob, a Bob, and a Bobby), three men named Thomas (two go by Tom), three Johns and two Jons, and three men each named Gary and Brian. There are also two Elizabeths (a Beth and a Liz) and two men each named Bruce, Chris, Jeff, Michael (one goes by Mike), Ross, and Charles (a Chuck and a Charlie).

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Some bad laws for Iowa's environment take effect today

Continuing Bleeding Heartland’s coverage of the Iowa legislature’s work during the 2019 session.

Iowa’s environmental community had something to celebrate when state lawmakers adjourned for the year without passing legislation that would crush small-scale solar development. An unusual coalition including solar installers, environmental groups, and livestock farmers helped keep the bill bottled up in the Iowa House despite intense lobbying by MidAmerican Energy and its allies, along with massive spending by undisclosed donors.

Unfortunately, lawmakers approved and Governor Kim Reynolds signed several other measures that will be detrimental for Iowa’s natural resources and take our state’s energy policy in the wrong direction. The new laws take effect today, as the 2020 fiscal year begins.

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"This is political": House Republicans vote to limit Iowa AG's powers

North Carolina Republican lawmakers started the trend after losing the governor’s race in 2016. GOP legislative majorities in Michigan and Wisconsin followed suit late last year, seeking to hamstring newly-elected governors and the Michigan attorney general. Kansas Republicans are now trying to limit the appointment power of that state’s Democratic governor.

Iowa House Republicans took their own step toward “banana-republic style governance” on April 23, voting for unprecedented restrictions on Attorney General Tom Miller’s ability to make legal decisions.

The bill’s floor manager, State Representative Gary Worthan, admitted his proposal stemmed from political disagreements with Miller, whom Iowans elected to a tenth term last November.

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Where things stand with Republican bills targeting Iowa workers

Republican attacks on working Iowans have received less attention this year than in 2017, when new laws shredded public employee collective bargaining rights, blocked local governments from raising the minimum wage, and reduced workers’ compensation benefits, especially for those who hurt their shoulder on the job.

But below the radar, GOP lawmakers have moved several bills lately that would make life harder for working people, including some facing the difficult circumstances of unemployment or workplace injury.

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The 2007 votes that made 2019 a historic year for transgender Iowans

Only three months in, 2019 is already the most significant year for transgender equality in Iowa since 2007, when state lawmakers and Governor Chet Culver added sexual orientation and gender identity to the list of protected classes in the Iowa Civil Rights Act. That 1965 law hadn’t been significantly amended in decades.

The crucial Iowa House and Senate votes on the civil rights law happened during the first year since the 1960s that Democrats controlled both legislative chambers and the governor’s office. Support for LGBTQ equality is often taken for granted now in Democratic circles, but the issue was seen as more politically volatile twelve years ago. The bill amending the civil rights act came late in the 2007 legislative session and could not have passed without some Republican votes.

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House Republicans dropped worst parts of unemployment bill--for now

You don’t hear this every day: in an Iowa House speech on March 21, Democratic State Representative Kirsten Running-Marquardt repeatedly thanked GOP colleagues for their work on a bill she opposed. House File 531 changed some aspects of our state’s unemployment insurance and benefits system. The first draft was much worse than the legislation House Republicans approved on a party-line vote this week.

The bill’s floor manager, State Representative Gary Worthan, warned that next year, lawmakers may return to a idea jettisoned following intense opposition from Democrats and labor groups.

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Iowa lawmakers pass another unconstitutional "Ag Gag" bill

Iowa legislators just can’t quit violating the constitution in the service of livestock farmers and their lobby groups.

Two months after a federal judge comprehensively dismantled Iowa’s 2012 law prohibiting “agricultural production facility fraud,” the state House and Senate approved a bill creating the crime of “agricultural production facility trespass.” Governor Kim Reynolds has indicated she will sign the legislation. (UPDATE: She signed it on March 14.)

Although the drafters modeled the new bill after portions of an Idaho statute that survived a legal challenge, federal courts could and should strike down this law. Like the previous “ag gag” legislation, its primary purpose is to suppress speech reflecting certain viewpoints.

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Iowa House bill would ensure more absentee ballots are counted

The controversial 2018 election result in Iowa House district 55 has inspired two legislative proposals related to late-arriving absentee ballots. The House State Government Committee on March 5 advanced a bill designed to enfranchise more Iowans who voted by mail, with uniform rules for all 99 counties.

The leader of the Iowa Senate State Government Committee would move in the opposite direction, excluding all ballots that arrive after election day, even if envelope markings could prove voters mailed them on time. That approach appears to be a non-starter for House Republicans.

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Three things I learned watching Iowa House Republicans subvert democracy

The first Iowa House floor votes of 2019 are in the books, and they played out exactly as you’d expect. On two straight party-line votes, 53 Republicans rejected a Democratic effort to allow legally cast absentee ballots to be counted, then dismissed Kayla Koether’s contest of the House district 55 election result.

The chamber’s January 28 debate was enlightening. If you have a few hours to spare, I recommend watching the videos of the afternoon and evening sessions on the legislative website.

My takeaways:

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Who's who in the Iowa House for 2019

The Iowa House opened its 2019 session today with 54 Republicans and 46 Democrats. State Representative Michael Bergan was sworn in for a second term, even though his Democratic opponent Kayla Koether is contesting the outcome. A special committee will consider her complaint in the coming weeks.

The new state representatives include 66 men and 34 women (24 Democrats and ten Republicans, record numbers for both parties).

Four African Americans (Democrats Ako Abdul-Samad, Ruth Ann Gaines, Ras Smith, and Phyllis Thede) will serve in the legislature’s lower chamber; the other 96 lawmakers are white. No Latino has ever been elected to the Iowa House, and there has not been an Asian-American member since Swati Dandekar moved up to the state Senate following the 2008 election. Democratic State Representative Liz Bennett is the only out LGBTQ member of the lower chamber. To my knowledge, Abdul-Samad (who is Muslim) is the only lawmaker in either chamber to practice a religion other than Christianity.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted significant changes since last year.

Some non-political trivia: the Iowa House includes two Smiths (both Democrats), while the other 98 members have different surnames. As for popular first names, there are six Davids (four go by Dave), four Marys (one goes by Mary Ann), three Roberts (a Rob, a Bob, and a Bobby), three men named Thomas (two go by Tom), three Johns and two Jons, and three men each named Gary and Brian. There are also two Elizabeths (a Beth and a Liz) and two men each named Bruce, Chris, Jeff, Michael (one goes by Mike), and Charles (a Chuck and a Charlie).

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Democrats will get outspent in Iowa House races again. Here's why

Democrats have opportunities to make big gains in the Iowa House this year. Thirteen of the 59 Republican-held seats in the lower chamber are open. A number of Democratic challengers have done well on fundraising, in some cases even out-raising the GOP incumbents in their districts. The past year’s special elections for Iowa House seats suggest that Democratic turnout may be much higher than the level seen in Iowa’s last two midterms, thanks to extreme laws enacted by statehouse Republicans and an unpopular president in Washington.

But winning a state legislative race often requires more than a favorable political environment. Bleeding Heartland observed in February that “the latest set of campaign financial disclosures reveal little sense of urgency among Democratic incumbents who could do much more to help others win competitive districts this November.”

Unfortunately, the latest fundraising numbers tell the same old story.

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Iowa lawmakers drop lawsuit over governor's illegal fund transfer

Catching up on news overshadowed by the biggest Iowa politics story of the week: on May 23 a group of Iowa House Democrats dropped their legal challenge to Governor Kim Reynolds’ use of emergency funds without legislative approval last September. Reynolds transferred $13 million from the Iowa Economic Emergency Fund to cover a shortfall in the fiscal 2017 budget, despite a warning from State Treasurer Michael Fitzgerald that Iowa law did not permit that action.

State Representative Chris Hall, the ranking Democrat on the Iowa House Appropriations Committee, filed suit in January, charging that Reynolds and Department of Management Director David Roederer “conspired together to unlawfully appropriate and misuse state funds.” The lawsuit alleged that the governor acted unilaterally in order to avoid the political fallout from calling the legislature back for a special session. House Democrats Marti Anderson, Liz Bennett, Bruce Hunter, Jerry Kearns, Monica Kurth, and Amy Nielsen joined the legal action a few weeks later.

Republican legislators tacitly acknowledged that Reynolds broke the law. They added language to a bill cutting current-year spending that retroactively legalized the governor’s action and appropriated $13 million from the emergency fund to the general fund for fiscal year 2017. (See page 8 of Senate File 2117, which both chambers passed along party lines in March.)

“Our legal challenge held Governor Reynolds and Republicans accountable, and it did so without costing taxpayers a single dime,” Hall said in a news release enclosed in full below. “We have seen too many cover ups and not enough leadership from the Reynolds administration. This is a victory for taxpayers and ensures that our tax dollars will be spent according to the law.”

UPDATE: I should have mentioned that there would be little to gain by following through with this lawsuit. Once the legislature passed and Reynolds signed Senate File 2117, a court would almost certainly have dismissed the case as moot.

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Boulton's conduct was unacceptable. His response is not credible

Three women have described in detail incidents of non-consensual touching by State Senator Nate Boulton, Brianne Pfannenstiel reported today for the Des Moines Register. Boulton did not deny the women’s accounts but said they did not match his recollection. He also asserted his alleged behavior “in social settings” was not comparable to harassment or assault in the workplace.

Boulton’s alleged conduct was unacceptable. His distinction is not credible. His political career is no longer tenable.

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Iowa House Republicans prevent votes on gun restraining orders for mentally ill

Iowa House Republicans suppressed two attempts to consider legislation that would make it easier to temporarily remove firearms from individuals who pose a danger to themselves or others because of severe mental health issues. Democratic State Representative Art Staed has vowed to keep trying to pass what he called “a vital tool” to help family members and law enforcement save lives.

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What passes for a good day in the GOP-controlled Iowa legislature

Let’s start with the good news:

• Two important bills for K-12 schools are headed to Governor Kim Reynolds’ desk.

• Assuming the governor signs the bills, district leaders know how much state funding they will receive before the April 15 deadline for certifying K-12 budgets. (That hasn’t always been the case lately.)

• A longstanding inequity in school funding has been fixed–for now.

Unfortunately, both bills fall far short of what Iowa schools need, thanks to Republican choices.

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Fourteen Iowa House Democrats who seem content to stay in minority forever

Iowa Democrats are in a deep hole, controlling only 20 of the 50 seats in the state Senate and 41 of 100 in the House. On the plus side, strong candidate recruitment and a wave of Republican retirements are giving Democrats plenty of opportunities to pick up House seats. (The 2018 Iowa Senate map is less promising.)

Raising money can be challenging for leaders of a minority party, who don’t call the shots on legislation. Furthermore, Iowa Republicans have a natural advantage, since the policies they promote are often tailored to suit wealthy individuals or corporate interest groups. While money doesn’t always determine campaign outcomes, quite a few Democratic lawmakers and challengers lost in 2016 after being massively outspent on television commercials and direct mail (see here, here, and here for examples).

Yet the latest campaign financial disclosures reveal little sense of urgency among Democratic incumbents who could do much more to help others win competitive districts this November.

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IA-Gov: Latest Nate Boulton spot pitches for older voters

Six of the 23 current state lawmakers who have endorsed Senator Nate Boulton for governor speak on his behalf in a television commercial that began airing today in the Des Moines and Cedar Rapids markets. It’s the second spot Bolton’s campaign has released as part of a buy that will run through the February 5 precinct caucuses, at which Democratic activists will elect county convention delegates.

The ad appears to be designed to shore up Boulton’s support among older Democrats, who make up a larger portion of Iowa’s electorate than many people realize.

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Who's who in the Iowa House for 2018

The Iowa House opens its 2018 session today with 58 Republicans, 41 Democrats, and one vacancy, since Jim Carlin resigned after winning the recent special election in Iowa Senate district 3. Voters in House district 6 will choose Carlin’s successor on January 16. UPDATE: Republican Jacob Bossman won that election, giving the GOP 59 seats for the remainder of 2018.

The 99 state representatives include 27 women (18 Democrats and nine Republicans) and 72 men. Five African-Americans (all Democrats) serve in the legislature’s lower chamber; the other 95 lawmakers are white. No Latino has ever been elected to the Iowa House, and there has not been an Asian-American member since Swati Dandekar moved up to the Iowa Senate following the 2008 election.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted significant changes since last year.

Under the Ethics Committee subheading, you’ll see a remarkable example of Republican hypocrisy.

Some non-political trivia: the Iowa House includes two Taylors (one from each party) and two Smiths (both Democrats). As for first names, there are six Davids (four go by Dave), four Roberts (two Robs, one Bob, and a Bobby), four Marys (one goes by Mary Ann), three Johns and a Jon, and three men each named Gary and Charles (two Chucks and a Charlie). There are also two Elizabeths (a Beth and a Liz) and two men each named Brian, Bruce, Chris, Todd, and Michael (one goes by Mike).

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Lawsuit claims Iowa governor illegally transferred state funds (updated)

UPDATE: Plaintiffs dropped this lawsuit in May 2018 after Republican legislators retroactively legalized the governor’s fund transfer. Original post follows.

State Representative Chris Hall filed a lawsuit today, charging Governor Kim Reynolds and Department of Management Director David Roederer “conspired together to unlawfully appropriate and misuse state funds.” The ranking Democrat on the Iowa House Appropriations Committee is seeking to void “all actions taken as a result of the unlawful Official Proclamation signed on September 28, 2017,” which transferred $13 million from the Iowa Economic Emergency Fund.

That order allowed Reynolds to cover a projected budget shortfall at the end of fiscal year 2017 without calling a special legislative session. But State Treasurer Michael Fitzgerald warned the governor that the planned transfer “would not be in compliance with Iowa law.” Hall’s petition, enclosed in full below, points to the same Iowa Code provision Fitzgerald cited in his letter to the governor.

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IA-Gov: Boulton, Hubbell lead in early legislative endorsements

State Senator Nate Boulton and Fred Hubbell have locked up more support among state lawmakers than the five other Democrats running for governor combined.

Whether legislative endorsements will matter in the 2018 gubernatorial race is an open question. The overwhelming majority of state lawmakers backed Mike Blouin before the 2006 gubernatorial primary, which Chet Culver won. Last year, former Lieutenant Governor Patty Judge won the nomination for U.S. Senate, even though about 60 current and 30 former Democratic lawmakers had endorsed State Senator Rob Hogg.

Nevertheless, prominent supporters can provide a clue to activists or journalists about which primary contenders are well-positioned. Where things stand:

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Michael Kiernan running for open Des Moines city council seat

Former Des Moines City Council member Michael Kiernan announced yesterday that he will run for the open seat in Ward 3 this year, focusing on an “agenda of improving public safety, fixing potholes and continuing progress.” He held the at-large city council seat from 2004 to 2010 and served as Iowa Democratic Party state chair from January 2009 to June 2010. You can find his campaign on Facebook and on Twitter @mjkiernan.

Josh Mandelbaum has been campaigning in Ward 3 for the last two months. His strong challenge drove 24-year incumbent Christine Hensley to retire rather than seek re-election. Now that the odds of a Democrat winning this seat have increased, Kiernan has decided to give it a shot. In a thinly-veiled swipe at Mandelbaum, Kiernan posted on Facebook yesterday, “I’ve been hearing a lot about crime in our city lately. I keep expecting to hear people who say they want to serve our community talk about this issue. Instead, all I’m hearing about is political endorsements and campaign war chests.” He echoed the talking point in his news release and on Twitter: “Lot of talk about politics, political endorsements and political cash…no talk of public safety. That’s why I am running.”

If Kiernan had attended Mandelbaum’s first event as a candidate, he would have heard his opponent talk about many substantive issues including “the importance of public health and public safety” and “providing resources to our first responders, police and fire.” Granted, Mandelbaum’s campaign did announce last month that he had raised more than $110,000 in three weeks, “recruited over 150 volunteers to help door-knock and hold house parties, and will soon have an elected official and labor leader endorsement list.” Taking on an entrenched incumbent requires a lot of groundwork, including early fundraising and lining up prominent supporters. But contrary to the impression Kiernan is trying to create, endorsements and cash have not been the focus of Mandelbaum’s message to Des Moines residents. You can read or listen to his first speech as a candidate here.

I enclose below a map of the ward, covering west-side and south-side neighborhoods, as well as Kiernan’s news release, more background on his life and career, and the list of elected officials backing Mandelbaum. (His campaign hasn’t rolled out the labor endorsements yet.)

Mandelbaum has not publicly commented on Kiernan entering the race. I anticipate his case to Democratic voters will be similar to a statement his campaign released after Hensley disclosed her retirement plans: “When this race looked impossible to win, Josh stepped up to run because the values we share as a community were being threatened everyday.” I’ve closely followed Mandelbaum’s work over the years and will encourage voters in the ward to support him, because of his skills and commitment to progressive policies.

Local elections are non-partisan, but I expect some Republican backed by corporate interests to join the field in Ward 3 before long. I welcome tips on other possible candidates.

UPDATE: Added below new comments from Kiernan, who answered some questions by phone on May 18.

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Kim Reynolds applauds Terry Branstad's latest steps to hurt Iowa workers

On Thursday Governor Terry Branstad signed two of the most mean-spirited bills to come out of the Republican-controlled legislature this year. House File 295 prevents local governments from raising the minimum wage, potentially affecting an estimated 85,000 people working in five Iowa counties. (Lee County supervisors voted this week to raise the minimum wage, following the example set by leaders in Johnson, Linn, Polk, and Wapello.) House File 518 overhauls the workers’ compensation system in ways that guarantee fewer Iowans will qualify for benefits, and those who do will receive less money, especially for shoulder injuries.

Amid several false or misleading statements in the news release on the latest bill signings, one true fact emerges: Lieutenant Governor Kim Reynolds enthusiastically endorses these new laws. She will own their every harmful consequence.

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House Republicans approve workers' comp bill with major unfunded changes

Iowa workers lost again at the statehouse on Thursday, as 55 House Republicans approved a bill that would tilt the workers’ compensation system markedly toward employers. All 37 Democrats present voted against House File 518, joined by just one Republican, State Representative Rob Taylor. UPDATE: GOP Representative Clel Baudler was absent on March 16 but filed an “explanation of vote” in the House Journal on March 20 clarifying that he would have voted “nay” on this bill.

Lawmakers had received an enormous number of constituent contacts since the “dramatic” and “far-reaching” legislation first saw the light of day a little more than two weeks ago. In a rush to get this unpleasantness behind them before the weekend, GOP legislators insisted on a final vote before staff could analyze the cost of a “new career vocational training and education program,” conjured up in an amendment filed the previous evening.

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Who's who in the Iowa House for 2017

The Iowa House opens its 2017 session today with 59 Republicans, 40 Democrats, and one vacancy, since Jim Lykam resigned after winning the recent special election in Iowa Senate district 45. The 99 state representatives include 27 women (18 Democrats and nine Republicans) and 72 men. Five African-Americans (all Democrats) serve in the legislature’s lower chamber; the other 95 lawmakers are white. No Latino has ever been elected to the Iowa House, and there has not been an Asian-American member since Swati Dandekar moved up to the Iowa Senate following the 2008 election.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted changes since last year.

Under the Ethics Committee subheading, you’ll see a remarkable example of Republican hypocrisy.

Some non-political trivia: the Iowa House includes two Taylors (one from each party) and two Smiths (both Democrats). As for first names, there are six Davids (four go by Dave), four Roberts (two Robs, one Bob, and a Bobby), four Marys (one goes by Mary Ann), and three men each named Gary, John, and Charles (two Chucks and a Charlie). There are also two Elizabeths (a Beth and a Liz) and two men each named Brian, Bruce, Chris, Greg, Michael, and Todd.

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IA-03: Jim Mowrer introduces himself to Democrats as a fighter

The three candidates seeking to unseat first-term Republican Representative David Young have been working the phones and attending Democratic events all over Iowa’s third Congressional district as Iowa’s June 7 primary approaches.

The campaigns are also finding other ways to convey their messages to voters they can’t reach in person. A post in progress will cover an eight-page newspaper-style handout featuring Desmund Adams. Bleeding Heartland discussed Mike Sherzan’s first direct mail and television commercials here.

Jim Mowrer has introduced himself to Democrats with a tv ad and at least six mailings, starting shortly before early voting began on April 28. A recurring theme in Mowrer’s outreach is the Iraq War veteran’s commitment to fight for Democratic values and priorities, especially Social Security. Like U.S. Representative Dave Loebsack, Iowa’s only Democrat left in Congress, Mowrer grew up with relatives who depended on Social Security benefits after a family tragedy.

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Never let it be said that the 2016 Iowa legislature accomplished nothing

In four months of work this year, Iowa lawmakers made no progress on improving water quality or expanding conservation programs, funded K-12 schools and higher education below levels needed to keep up with inflation, failed to increase the minimum wage or address wage theft, let most criminal justice reform proposals die in committee, didn’t approve adequate oversight for the newly-privatized Medicaid program, opted against making medical cannabis more available to sick and suffering Iowans, and left unaddressed several other issues that affect thousands of constituents.

But let the record reflect that bipartisan majorities in the Iowa House and Senate acted decisively to solve a non-existent problem. At a bill-signing ceremony yesterday, Governor Terry Branstad and supporters celebrated preventing something that probably never would have happened.

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Weekend open thread: "The resources we have" edition

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome. The Des Moines Register ran an extraordinary lead editorial on Saturday about a Des Moines police officer’s “pattern of misconduct” and “poor judgment.” Click through to read the most strongly-worded warning about a law enforcement official I’ve seen in an Iowa newspaper.

An emerging compromise on higher education funding was one of the biggest state-level news stories of the week. The Iowa legislature’s joint Education Appropriations Subcommittee, co-chaired by Democratic State Senator Brian Schoenjahn and Republican State Representative Cecil Dolecheck, agreed on April 13 that the fiscal year 2017 budget for higher education will include an additional $6.3 million for public universities: $2.8 million for the University of Northern Iowa, $2.2 million for Iowa State University, and $1.3 million for the University of Iowa. Iowa Public Radio’s Joyce Russell noted that the increases work out to a little less than 3 percent more state funding for UNI, 1.2 percent for ISU, and less than 1 percent for UI.

The Iowa Board of Regents had requested an extra $20 million in state funding for the coming fiscal year: $4.5 million for UI, $8.2 million for ISU, and $7.65 million for UNI. Governor Terry Branstad’s draft budget had included a combined $8 million in additional state funding for the public universities. Last month, Board of Regents President Bruce Rastetter said at least $8 million would be needed to avoid raising tuition. In a statement released April 14, Rastetter said the board would “immediately start discussions regarding tuition increases at our universities for Fall 2016.”

More background and details on the higher education funding compromise are after the jump, but I want to highlight a couple of misconceptions. Russell quoted Dolecheck as saying “we did the best we can with the resources that we have,” and quoted Schoenjahn as saying lawmakers tried to stretch “the precious resources we had” but couldn’t do more without raising taxes.

No. Just last month, the Iowa House and Senate approved a tax bill that will reduce fiscal year 2017 revenues by nearly $120 million: $97.6 million by harmonizing Iowa tax code with federal statutes, and around $21 million by reducing state sales taxes for manufacturing companies. Another $280 million was taken off the table long before this year’s budget negotiations began, when most lawmakers in both chambers approved an expensive commercial property tax cut in 2013. Leaders of both parties bragged about that tax cut at the time but did not acknowledge how the windfall for commercial property owners would affect the state’s ability to pay for other priorities down the road.

Speaking on behalf of the union that represents UNI faculty, Professor Joe Gorton said this week, “It seems clear to me that the regent universities are being sacrificed on the altar of corporate welfare.” An Iowa Fiscal Partnership analysis from January shows Gorton was closer to the truth than were Schoenjahn or Dolecheck. Business tax credits are expected to cost the state around $272 million during fiscal year 2017.

Writing at Blog for Iowa this weekend, Dave Bradley argued, “Had Branstad’s administration not given tax cuts to businesses without consulting the legislature we would probably [be] OK. […] while the special interests that the Republicans have given breaks to are no longer paying what they once did, Iowa’s parents will see higher tuition fees on their kids university bills.” Fact-check: mostly false. Over many years, the legislature approved and failed to revise Iowa’s generous business tax breaks. Most Democrats in both chamber joined their GOP colleagues to pass the costly property tax cut three years ago. Just six state senators and thirteen representatives voted no; I’ve listed them after the jump. The Branstad administration did try to enact the manufacturing sales tax break without legislative approval last year, and was on track to succeed. However, the tax bill lawmakers negotiated and approved last month included a scaled-back sales tax break, superseding the Department of Revenue’s proposed administrative rule.

Speaking of money for state universities not living up to expectations, Ryan Foley of the Associated Press revealed on April 15 that Rastetter has paid only $1.5 million toward his 2008 pledge of $5 million to the University of Iowa’s football program. Before 2015, Rastetter had donated just $500,000 toward that pledge, raising “questions about whether the delay was part of the pressure he put on former university President Sally Mason.” Excerpts from Foley’s article are at the end of this post.

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IA-Sen: Patty Judge thinking about challenging Chuck Grassley

The Des Moines Register’s Jason Noble snagged a surprising scoop yesterday: former Lieutenant Governor and Iowa Secretary of Agriculture Patty Judge is considering running for the U.S. Senate this year. Referring to Grassley’s approach to the U.S. Supreme Court vacancy, Judge told Noble,

“Iowans have always been straight shooters, and up until the recent time I would have said the same thing about Chuck,” Judge said. […]

“I don’t like this double-speak,” Judge said. “I don’t like this deliberate obstruction of the process. I think Chuck Grassley owes us better. He’s been with us a long time. Maybe he’s been with us too long.”

To qualify for the Democratic primary ballot, Judge would need to submit nominating papers with the Secretary of State’s Office by March 18, three weeks from today. That doesn’t leave much time to collect at least 2,104 signatures, including minimum amounts in at least ten Iowa counties. But Judge could pull together a campaign quickly, having won three statewide elections–for secretary of agriculture in 1998 and 2002 and on the ticket with Chet Culver in 2006.

Three other Democrats are seeking the nomination to run against Grassley: State Senator Rob Hogg, former State Senator Tom Fiegen, and former State Representative Bob Krause. Former State Representative Ray Zirkelbach launched a U.S. Senate campaign in November but ended his campaign last month, Zirkelbach confirmed by phone this morning.

Dozens of Democratic state lawmakers endorsed Hogg in January. I enclose the full list below. Any comments about the Senate race are welcome in this thread.

UPDATE: Rebecca Tuetken notes, “Patty Judge does meet one apparent Iowa requirement: she told @SenatorHarkin ’08 steak fry that she can castrate a calf.” Truly a classic moment for Judge, when Joni Ernst was still the little-known Montgomery County auditor.

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Who's who in the Iowa House for 2016

The Iowa House opened its 2016 session today with 57 Republicans and 43 Democrats. The 100 state representatives include 27 women (21 Democrats and six Republicans) and 73 men. Five African-Americans (all Democrats) serve in the legislature’s lower chamber; the other 95 state representatives are white. No Latino has ever been elected to the Iowa House, and there has not been an Asian member since Swati Dandekar moved up to the Iowa Senate following the 2008 election.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted changes since last year. All are on the Republican side, mostly following from Kraig Paulsen’s decision to step down as speaker, Chuck Soderberg’s retirement, and the passing of Jack Drake.

Some non-political trivia: the Iowa House includes two Millers (one from each party), two Taylors (one from each party), and two Moores (both Republicans). As for first names, there are six Davids (four go by Dave), four Roberts (two Robs, one Bob, and a Bobby), four Marys (one goes by Mary Ann), four Johns, and three Brians. There are two Lindas, two Elizabeths (a Beth and a Liz), and two men each named Dan, Mark, Greg, Tom, Bruce, Todd, Chris, and Charles (one goes by Chuck).

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Mike Sherzan becomes third Democratic candidate in IA-03

Mike Sherzan fuzzy photo 12345433_1536683933290188_7888591554410449181_n_zpspx3oabs2.jpg

Mike Sherzan announced today that he will seek the Democratic nomination in Iowa’s third Congressional district. He recently stepped down as leader of the financial services company he founded in order to focus his full attention on the Congressional race. I enclose below Sherzan’s press release and statements from his campaign website, which outline the candidate’s four priority issues: protecting retirement security by not privatizing Medicare or Social Security; promoting clean energy, with a focus on renewables and ag-based technologies; increasing the number of college graduates by reducing the cost of tuition and student loans; and rebuilding the middle-class by supporting equal pay for women and a minimum wage hike.

Sherzan has had a successful career in finance and may be able to largely self-fund his campaign, but he is distancing himself from stereotypes about corporate leaders who run for office. His “about” page and policy statements repeatedly refer to growing up in a family of modest means and working his way through college, with the help of Social Security benefits after his father’s sudden passing. Speaking to Bleeding Heartland last month, Sherzan emphasized that he “comes from a Democratic background” and urged people not to “judge my positions based on my business experience,” adding that “government was never meant to be a business.” His campaign is on Twitter and Facebook, though strangely, at this writing the campaign launch hasn’t been announced on either of those pages.

Sherzan briefly ran for Congress during the last election cycle but withdrew from that race in April 2013, citing unspecified health issues. He now joins Desmund Adams and Jim Mowrer in a Democratic field that may expand to include former Governor Chet Culver, who is in no hurry to make a decision. A few hours after Sherzan announced, Mowrer’s campaign rolled out a new batch of endorsements, which I’ve added at the end of this post. The 2014 challenger to Representative Steve King in IA-04 has lined up the most support from Iowa Democratic insiders, including Representative Dave Loebsack (IA-02), former Lieutenant Governor Sally Pederson, and eight current state legislators.

The winner of next June’s Democratic primary will face first-term Representative David Young in what may become Iowa’s most competitive Congressional district. The sixteen counties in IA-03 contain 150,733 active registered Democrats, 163,699 Republicans, and 166,740 no-party voters, according to the latest figures from the Iowa Secretary of State’s office. Polk County will be central to every candidate’s strategy for winning the nomination, because two-thirds of the registered Democrats in IA-03 live in the district’s most populous county.

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District Court lets stand Branstad veto of mental health institute funding

Polk County District Court Judge Douglas Staskal has dismissed a lawsuit challenging Governor Terry Branstad’s authority to veto funding intended to keep two in-patient mental health facilities open. Twenty Democratic state lawmakers and the president of Iowa’s largest public-employee union filed the lawsuit in July, arguing that the governor’s line-item vetoes violated Iowa Code provisions requiring that the state “shall operate” mental health institutes in Mount Pleasant and Clarinda. But Judge Staskal found that “Existing statutes cannot limit the Governor’s item veto authority,” which “is of constitutional magnitude. The only limitations that have been placed on that authority have been derived from the language of the constitution itself. […] And, there is no language in the item veto provision which suggests a statutory limitation on the power it creates. It is elementary that, to the extent there is conflict between a constitutional provision and a statute, the constitution prevails.”

I enclose below longer excerpts from the court ruling, which can be read in full here. Mark Hedberg, the lead attorney representing the plaintiffs, told Bleeding Heartland they “are preparing an appeal” to the Iowa Supreme Court “and will ask that it be expedited.”

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Joe Biden not running for president

Official portrait of Vice President Joe Biden in his West Wing Office at the White House, Jan. 10, 2013. (Official White House Photo by David Lienemann) This official White House photograph is being made available only for publication by news organizations and/or for personal use printing by the subject(s) of the photograph. The photograph may not be manipulated in any way and may not be used in commercial or political materials, advertisements, emails, products, promotions that in any way suggests approval or endorsement of the President, the First Family, or the White House.

Official portrait of Vice President Joe Biden in his West Wing Office at the White House, Jan. 10, 2013. (Official White House Photo by David Lienemann)
This official White House photograph is being made available only for publication by news organizations and/or for personal use printing by the subject(s) of the photograph. The photograph may not be manipulated in any way and may not be used in commercial or political materials, advertisements, emails, products, promotions that in any way suggests approval or endorsement of the President, the First Family, or the White House.

Vice President Joe Biden announced earlier today that he will not run for president in 2016, because while his family has “worked through the grieving process” for his son Beau Biden, the window for “mounting a realistic campaign […] has closed.” Click through to watch Biden’s full statement from the White House Rose Garden. He vowed to stay involved in political discourse: “But while I will not be a candidate, I will not be silent. I intend to speak out clearly and forcefully, to influence as much as I can where we stand as a party, and where we need to go as a nation.”

Biden also urged other Democratic candidates not to run away from President Barack Obama as they seek office in 2016: “I believe that President Obama has led this nation from crisis to recovery, and we’re now on the cusp of resurgence, and I’m proud to have played a part in that. This party–our nation–will be making a tragic mistake if we walk away or attempt to undo the Obama legacy. […] Democrats should not only defend this record, and protect this record, they should run on the record.”

Any comments about the vice president’s announcement or the Democratic presidential race generally are welcome in this thread. I think Biden made the right choice. I don’t see the current Democratic field lacking the vision or the experience he would have brought to the table. Conventional wisdom suggests that Hillary Clinton will benefit more than Bernie Sanders from Biden staying out of the race. Martin O’Malley could gain ground too, because Democrats who were hoping the vice president would run again clearly were not satisfied with the current front-runners.

UPDATE: I enclose below reaction to Biden’s decision.

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IA-03: Democratic establishment consolidating around Jim Mowrer

The candidate filing deadline may be nearly six months away, but it seems increasingly likely that the fight for the Democratic nomination in Iowa’s third Congressional district will be a two-way contest between Desmund Adams and Jim Mowrer. Today Representative Dave Loebsack (IA-02), the only Democrat left in Iowa’s Congressional delegation, made his “full support” for Mowrer official. I enclose the statement from Mowrer’s campaign after the jump. It includes a list of well-known endorsers, such as former Lieutenant Governor Sally Pederson, State Senators Dick Dearden and Bob Dvorsky, State Representatives Charlie McConkey, Todd Prichard, and Abby Finkenauer, former Iowa Democratic Party chair Sue Dvorsky, three IDP State Central Committee members, and Democratic Party chairs in five IA-03 counties.  

Endorsements at this stage are not aimed at persuading Democratic primary voters. Rather, they serve mainly to deter other candidates from getting into the race. They also signal to donors inside and outside Iowa that Mowrer is the “serious” candidate. He already was likely to raise substantially more money than Adams, by virtue of his strong fundraising effort as the 2014 Democratic candidate against Representative Steve King in IA-04.

On a related note, last month the Cook Political Report changed its rating on IA-03 from “toss up” to lean Republican. One reason: “Each day Mowrer consolidates support, the less likely it is that Democrats’ very top choice, U.S. Attorney Nick Klinefeldt, gets in. Former Gov. Chet Culver was rumored to be interested but now looks unlikely to run.” I’m intrigued that a handful of unnamed sources (including one “operative”) managed to convince beltway experts that Klinefeldt would be the “gold standard” candidate in IA-03. Not meaning to knock Klinefeldt, but I’ve had scores of conversations with local Democrats about this race. It’s hardly a consensus view that the U.S. attorney would be the strongest possible candidate to face first-term Republican David Young.

Speaking of Young, earlier this month James Hohmann and Elise Viebeck reported for the Washington Post that he had signed a contract with the National Republican Congressional Committee as a condition for getting help from the NRCC’s incumbent protection program. You can view the fundraising, communication, and political requirements laid out in that contract here.

The sixteen counties in IA-03 contain 150,572 active registered Democrats, 163,096 Republicans, and 163,748 no-party voters, according to the latest figures from the Iowa Secretary of State’s office. More than half of the district’s voters and roughly two-thirds of the Democrats live in Polk County, containing Des Moines and most of its suburbs.

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Judge denies motion to dismiss lawsuit over Branstad closing mental health facilities

Polk County District Court Judge Douglas Staskal ruled yesterday that a lawsuit challenging Governor Terry Branstad’s line-item vetoes of mental health facility funding can move forward.

A group of Democratic state legislators and AFSCME, Iowa’s largest public employee union, filed the lawsuit in July. Last month, attorneys for the state filed a motion to dismiss the lawsuit or force the plaintiffs to “recast” (revise and resubmit) their court filing.

But in a thirteen-page ruling, Judge Staskal rejected the state’s arguments that “the plaintiffs lack standing, have failed to state a claim upon which relief could be granted and that the case presents a nonjusticiable political question.” He found that AFSCME Iowa Council 61 President Danny Homan has standing because he represents the interests of state workers who were laid off when the state government closed in-patient mental health facilities in Clarinda and Mount Pleasant. The judge also noted that state legislators “have standing to challenge the propriety of the Governor’s exercise of his veto authority.” Judge Staskal found plaintiffs had stated a claim: “a challenge to the Governor’s exercise of his line-item veto authority.” As for the political question, the ruling noted, “Whether to close Clarinda and Mount Pleasant is a policy matter for the other branches of government. Whether the Governor’s particular use of his line-item veto power is constitutional is a matter for the courts.”

Judge Staskal did find in favor of one argument advanced by state attorneys, releasing Iowa Department of Human Services Director Chuck Palmer as a co-defendant: “The Director [Palmer] plainly has no authority to veto legislation and there is no allegation that he did veto legislation. Therefore, there is no conceivable set of facts upon which relief could be granted on the claim that the Director exercised an improper veto.”    

The legislators who joined this lawsuit are State Senators Rich Taylor, Tom Courtney, Janet Petersen, Tony Bisignano, Herman Quirmbach, and Dick Dearden, and State Representatives Bruce Hunter, Curt Hanson, Jerry Kearns, Mark Smith, Art Staed, Ako Abdul-Samad, Jo Oldson, Ruth Ann Gaines, Sharon Steckman, Todd Taylor, Mary Gaskill, Kirsten Running-Marquardt, Timi Brown-Powers, and Dave Jacoby.

AFSCME, 20 Democratic legislators sue Branstad over mental health closures (updated)

Iowa’s largest public employee union and 20 Democratic state legislators filed a lawsuit today challenging the closure of mental health institutes in Mount Pleasant and Clarinda. I enclose below a press release from AFSCME Council 61, which lists the six state senators and fourteen state representatives who joined the lawsuit naming Governor Terry Branstad and Department of Human Services Director Chuck Palmer.

The Branstad administration announced plans in January to close two of Iowa’s four in-patient mental health facilities. State legislators were neither consulted nor notified in advance. The Department of Human Services started winding down operations well before the end of the 2015 fiscal year. Democrats fought to include funding for the Clarinda and Mount Pleasant institutes in the budget for the current fiscal year, but Branstad item-vetoed the appropriation. The lawsuit contends that closing the facilities violates Iowa Code, which holds that the state “shall operate” mental health institutes in Mount Pleasant and Clarinda. The governor’s communications director told KCCI that AFSCME’s leader in Iowa “is resistant to change” and that the closed “centers were not suited to offer modern mental health care.”

The Iowa legislature’s decision next year on whether to fund the Clarinda and Mount Pleasant facilities will be critically important. The Iowa Supreme Court recently dismissed the lawsuit challenging the closure of the Iowa Juvenile Home in 2014, without considering the merits of that case, on the grounds that the legislature made the issue “moot” by no longer appropriating state money to operate that facility. By refusing to include funding for the two closed mental health institutes in the budget for fiscal year 2017, Iowa House Republicans could bolster the Branstad administration’s efforts to defeat the lawsuit filed today.

UPDATE: Added more speculation about this lawsuit’s prospects below.

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20 Iowa House races to watch tonight

Thanks to Iowa’s non-partisan redistricting process, we have an unusually large number of competitive state legislative districts. In any given general election, depending on candidate recruitment, between one dozen and two dozen of the 100 Iowa House districts could be up for grabs. Democrats and Republicans spend big money on a much smaller number of districts; this year, only seven Iowa House races involved a large amount of television advertising. But the parties and candidates invest in direct mail and/or radio commercials in many more places than that.

Republicans go into election day favored to hold their Iowa House majority, which now stands at 53 seats to 47. Carolyn Fiddler has pegged seven “districts to watch” at her Statehouse Action blog, and in September, the Des Moines Register’s Jason Noble discussed five districts he viewed as “key to Iowa House chamber control.” I see the playing field as much larger.

Follow me after the jump to review 20 Iowa House seats that will determine control of the chamber for the next two years.

Caveat: most years, there’s at least one shocking result in an Iowa House district neither party had their eye on. I’m thinking about Tami Weincek defeating a longtime Democratic incumbent in Waterloo in 2006, Kent Sorenson defeating a Democratic incumbent in Warren County in 2008, three Democratic state representatives who had run unopposed in 2008 losing in 2010, and Democrat Daniel Lundby taking out the seemingly safe Republican Nick Wagner in the Linn County suburbs in 2012. Wagner had run unopposed in the previous election.

So, while I don’t expect any of the “favored” seats discussed below to change hands, I would not rule out a surprise or two. That would be excellent news for the stealth challenger’s party.

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Republicans nominate Jonathan Lochman in Iowa Senate district 17

After fielding candidates in every Iowa Senate district in 2012, Republicans left a bunch of low-probability seats uncontested this year. One of those districts now has a GOP candidate, however: a special convention on July 24 selected Jonathan Lochman to run in Iowa Senate district 17. I don’t see a website for his campaign, but Lochman’s on Facebook here. During 13 years of active duty in the U.S. Army, he served wartime tours in both Afghanistan and Iraq. He’s now the Iowa coordinator for Team Rubicon (the Iowa chapter is on Facebook here).

Iowa Senate district 17 is open because State Senator Jack Hatch is running for governor. Tony Bisignano narrowly won a contentious three-way primary in this heavily Democratic seat covering parts of downtown Des Moines and the south side. In a press release, Lochman asserted that Bisignano would “be a rubber stamp for the radical, obstructionist agenda of Mike Gronstal,” whereas the Republican would “be an independent voice for my community.” Iowa Senate Minority Leader Bill Dix asserted, “Des Moines voters deserve a candidate​ like Jonathan Lochman, who has​ the integrity, honor and passion to effectively represent their interests at the State Capitol​.” Judging from that comment and various Republican posts on social media, the plan is for Lochman to win by playing up Bisignano’s drunk driving arrests and scandals from his previous term of service in the Iowa Senate during the 1990s.

It would be a historic upset for a Republican to win a state legislative seat here. The latest official figures show that Senate district 17 contains 16,388 active registered Democrats, 6,559 Republicans, and 9,792 no-party voters. Bisignano should have help from the Iowa Democratic Party’s coordinated campaign, because other Democratic candidates (notably Hatch, U.S. Senate nominee Braley, and IA-03 nominee Staci Appel) are counting on good GOTV in strongholds like the south side of Des Moines.

Also on July 24, Polk County Republicans held a special convention to nominate Army veteran Tom Hess in Iowa House district 34, covering half of Senate district 17. Hess will challenge longtime Democratic State Representative Bruce Hunter and has about the same chance of winning as Lochman (slim to none). As of July 1, House district 34 contained 8,404 active registered Democrats, 3,497 Republicans, and 5,114 no-party voters.

P.S. – I would have posted the full press release on Lochman’s campaign launch, but the “latest news” on the Iowa Senate Republicans website is a press release from mid-May.

UPDATE: Cityview’s Civic Skinny published a detailed account of Tony Bisignano’s drunk driving arrest and how the case unfolded from there. Many details were new to me, and I suspect that if they had been more widely known, Nathan Blake might have won the Senate district 17 Democratic primary.

The most surprising fact recounted by Civic Skinny is that Jennifer Jacobs apparently e-mailed her draft Des Moines Register story on the OWI to Bisignano before publishing. Double-checking quoted remarks is one thing, but I am not aware of any newspaper where it is standard practice to run a full draft by the public figure who is the subject of the article.

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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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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Q: When do Iowa Democrats talk like Steve King?

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

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

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

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

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

What could go wrong? Less training for manure spreaders edition

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

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

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

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

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

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What could go wrong? Iowa House legalizes silencers (updated)

Most gun-related bills failed to make it through in the Iowa legislature’s first “funnel” last week. The list of proposals that are dead for this year included efforts to restrict access to firearms (such as Senate File 2179 to close the gun show loophole) and several bills aimed at making guns more available: House File 384 to authorize possession of machine guns and sawed-off shotguns; House File 169/Senate File 251 to allow Iowans with permits to carry concealed weapons on school grounds; House File 172 to allow school employees to carry guns in school; and House File 2012 to allow children as young as 12 to possess handguns.

The trouble is, many incumbents don’t want to face the gun lobby’s wrath in an election year. Many lawmakers want to have something to brag about when pro-gun activists compile scorecards and endorsement lists. Such concerns prompted Iowa House and Senate leaders to revive and eventually pass a 2010 bill to make it easier for Iowans to carry concealed weapons.

I believe the same dynamic prompted Iowa House members to vote overwhelmingly yesterday to legalize firearm suppressors, better known as “silencers” popular for many decades among snipers and assassins.

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Iowa House votes to ban "telemedicine" abortions (updated)

Although Iowa House Republicans sought to restrict abortion rights after regaining the majority in the lower chamber in 2011, anti-choice bills were never a high priority for leadership. In fact, House leaders sometimes put the brakes on conservative efforts to bring anti-abortion legislation to the floor. During the 2013 legislative session, not a single bill restricting abortions even made it out of a committee in the Republican-controlled Iowa House.

House leaders must have gotten some flack from their caucus or outside advocacy groups, because even though restricting abortion isn’t a top agenda item for House Speaker Kraig Paulsen or Majority Leader Linda Upmeyer, they made sure to move an anti-abortion bill quickly during this year’s session. Yesterday the Iowa House approved House File 2175, which would ban the use of telecommunications technology for the purpose of terminating a pregnancy. (A similar bill died in the funnel last year.)

Follow me after the jump for background and details on the roll call.

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IA-Gov: Hatch rolls out campaign, Olson rolls out endorsements (updated)

State Senator Jack Hatch made his candidacy for governor official in Des Moines this morning, en route to campaign stops in five other Iowa cities. A few days ago, State Representative Tyler Olson sought to build momentum by revealing a long list of state lawmakers who support his gubernatorial campaign.

After the jump I’ve posted Hatch’s announcement, the full list of Iowa House and Senate Democrats backing Olson, and a few thoughts on the big question each candidate will have to answer before next June’s primary.

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Analysis of the Obama-Romney vote in the Iowa House districts

The Daily Kos Elections team has been compiling 2012 presidential election results by state legislative district as well as by Congressional district, state by state. Last week the Iowa numbers were added to the database. I took a first stab at previewing the battle for control of the Iowa Senate next year, using data including the raw vote totals and percentages for President Barack Obama and Mitt Romney in each district.

The Daily Kos database includes Obama and Romney vote totals and percentages for each Iowa House district here. After the jump I’ve incorporated that information and other factors to predict which Iowa House districts will be competitive in 2014. Writing this post has been challenging, because every election cycle brings surprises, and many more seats in the lower chamber will be in play. Unlike the Iowa Senate, where only half of the 50 members are on the ballot in each general election, all 100 Iowa House members are on ballot in every even-numbered year. Republicans currently hold a 53-47 majority in the lower chamber.

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Tony Bisignano first Democrat to declare in Iowa Senate district 17

Assuming State Senator Jack Hatch follows through on the gubernatorial bid he is exploring, one of Iowa’s most Democratic-leaning Senate districts will be open in 2014.

Yesterday former State Senator Tony Bisignano announced that he plans to run for Senate district 17. After the jump I’ve posted background on Bisignano, a district map, and the latest voter registration figures. I expect a highly competitive Democratic primary, since Republicans have no realistic chance of winning this seat.

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Last-minute Iowa legislative scramble is nothing to brag about

The Iowa Senate wrapped up its work for the year shortly after midnight on May 23, and Iowa House members adjourned about 11 hours later. Lawmakers in both parties have been congratulating themselves for compromising on some big issues that ended in stalemate the previous two years. Rod Boshart compiled an excellent list of what the legislature did and didn’t approve during 2013.

We all can appreciate the desire to finish a big project before a holiday weekend, and since legislators stopped receiving per diem payments weeks ago, they understandably wanted to get out of town as quickly as possible. However, I found it disturbing that votes were held before most lawmakers, let alone members of the public, had time to digest final conference committee deals on education reform, an alternative to Medicaid expansion, property taxes, and the health and human services budget. Transparency isn’t just a buzzword. Had journalists and advocacy groups been able to look over the last-minute compromises, people might have discovered problematic language or even simple drafting errors, which could produce unintended consequences after Governor Terry Branstad signs these bills into law.

I have a lot of questions about the final education reform bill and the plan to provide health insurance to low-income Iowans, particularly those earning between 101 percent and 138 percent of the poverty level. I also need more time to sort through the budget numbers and final changes to the standings bill. After the holiday weekend Bleeding Heartland will examine the important results of the legislative session in more detail. For now, I’ve posted after the jump details on who voted for and against the major bills approved this week.

UPDATE: In the May 24 edition of the On Iowa Politics podcast, statehouse reporters Mike Wiser and James Lynch discussed how the big issues came together “behind closed doors,” with no public scrutiny or oversight. Lynch commented that to his knowledge, the conference committee named to resolve the impasse over Medicaid expansion never formally met, except perhaps for one organizational meeting. Lynch recounted one occasion when Iowa House Republican Dave Heaton was briefing journalists about the health care talks, and the journalists asked when that happened, since there hadn’t been any public notices of conference committee meetings. According to Lynch, Heaton replied, “We’re not having meetings, but we’re meeting.” Senate President Pam Jochum said that negotiations between Democratic State Senator Amanda Ragan and House Majority Leader Linda Upmeyer produced the “key to Iowa’s health care compromise.” Notably, Upmeyer didn’t have a prominent role in passing the House health insurance plan, nor was she named to the conference committee assigned to merge the House and Senate proposals.

Speaking to journalists on May 22, Senate Majority Leader Mike Gronstal and Jochum weren’t able to answer a specific question about compromise wording reached regarding Medicaid coverage of abortions. That was no minor issue–it was the last sticking point holding up approval of the health and human services budget. In effect, Gronstal told journalists, you can see the wording after the final bill is published.

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Another Iowa legislative victory for Big Ag

Factory farm advocates failed in 2009 to circumvent the Iowa DNR’s rulemaking on applying manure over frozen and snow-covered ground. Then they failed in 2010 to win passage of a bill designed to weaken Iowa’s newly-adopted regulations on manure storage and application.

But this year, the Iowa Pork Producers Association succeeded in convincing state lawmakers to relax requirements for CAFO operators to be able to store their own manure properly. All they had to do was dress up their effort as an attempt to help families with aspiring young farmers.

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IA-Sen: Most Democratic state legislators endorse Braley

Representative Bruce Braley’s campaign for U.S. Senate rolled out its largest batch of endorsements today: 71 state legislators. All 26 Iowa Senate Democrats plus 45 of the 47 Iowa House Democrats are named in the press release I’ve posted after the jump. For some reason, Iowa House Minority Leader Kevin McCarthy and former Iowa House Speaker Pat Murphy are not in this group. Murphy is running for the first Congressional district seat Braley is vacating.

Earlier this week, Braley’s campaign announced that it raised more than $1 million during the first quarter. That is a solid number, and I’ll be interested to see how the numbers break own (contributions from individuals vs PACs, for instance). Bleeding Heartland will publish a detailed roundup of Iowa Congressional fundraising after all the candidates have filed their reports with the Federal Election Commission. Those reports are due April 15.

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Iowa House votes to relax manure storage rules for CAFOs (updated)

In an ideal world, evidence that more than half of Midwest rivers and streams can’t support aquatic life would inspire policy-makers to clean up our waterways. Rivers that are suitable for swimming, fishing, and other recreation can be a huge economic engine for Iowa communities.

We live in Iowa, where most of our lawmakers take the Patty Judge view: “Iowa is an agricultural state and anyone who doesn’t like it can leave in any of four directions.”

Yesterday the Iowa House approved a bill to relax manure storage regulations for large confined animal feeding operations (CAFOs). All of the House Republicans and two-thirds of the Democrats supported this bad legislation. Details on the bill and the House vote are below.

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Who's who in the Iowa House for 2013

The Iowa House will begin its 2013 session next Monday with 53 Republicans, 46 Democrats and one seat to be filled in a special election on January 22.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted changes since last year’s legislative session.

Some non-political Iowa House trivia: three state representatives have the surname Olson (not counting Democrat Jo Oldson). There are two Millers, two Taylors, and two Smiths, one from each party in every case. David is most common first name: the new cohort contains three Daves and two Davids. Four state representatives have the first name Mark, four are called Daniel (three go by Dan) and four were given the name Robert (two Robs, one Bob, and a Bobby). Four women are named Mary (one goes by Mary Ann), and two are named Linda. There are two men each named Greg, Chuck, John, Kevin, Pat, Bruce, Tom, and Chris, and there would have been two Brians if Brian Quirk had not resigned shortly after winning re-election. Oddly, no current Iowa House member is named Mike or Michael.

JANUARY 28 UPDATE: Democrat Todd Prichard won the special election in House district 52, bringing the number of Todds in the Iowa House to two. I’ve added his committee assignments below. Republicans maintain a 53-47 majority.

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More proof smoking bans save lives

How about a little good news on a lousy day? A new study confirms previous research, which showed public smoking bans reduce hospitalizations for heart attacks and other life-threatening problems. The Iowa Smokefree Air Act, which went into effect in July 2008, has likely prevented many premature deaths.

UPDATE: The smoking ban was controversial while it was debated in 2008. Below I’ve listed all of the state legislators who had the courage to send that bill to Governor Chet Culver’s desk.  

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Full list of Iowa House Democratic leaders, ranking members

Yesterday the Iowa House Democrats announced ranking members for all the standing and appropriations committees for the 2013 legislative session. Below I’ve posted the full list of House minority leaders and ranking members. Where relevant, I’ve noted changes since last year. House Democrats will start the session with 46 caucus members, because State Representative Brian Quirk just resigned his seat.

House Republicans named all the committee chairs earlier this week.

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First look at Democratic prospects for Iowa House gains

The redistricting process and several Republican retirements have created many pickup opportunities for Iowa House Democrats. The devastating 2010 election left them nowhere to go but up in the lower chamber, where Republicans currently enjoy a 60 to 40 majority. Relatively few sitting House Democrats represent vulnerable districts.

Speaking to activists at the Polk County Democratic convention on March 10, I heard lots of optimism about the House races. After the jump I’ve posted some early thoughts on the seats up for grabs.

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Who's who in the Iowa House for 2012

Although the 60 Republicans and 40 Democrats in the Iowa House haven’t changed since last year, I thought it was worth updating this post, because some committee assignments have changed, and House Democrats reshuffled their ranking members somewhat.

Majority and minority leadership teams are after the jump, along with all members of standing House committees. All 100 House districts are on the ballot every two years, so I’ve noted the new district numbers for state representatives seeking re-election in 2012, as well as which House members have said they will retire after this year’s legislative session.

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Iowa House passes pro-nuclear bill; Senate prospects unclear

After more than five hours of debate, the Iowa House on April 26 approved a bill to let MidAmerican Energy charge consumers for costs associated with a nuclear reactor it may or may not build in the coming decade. House File 561 passed 68 to 30. All Republicans present except two voted yes, joined by 12 House Democrats: Deborah Berry (district 22), Chris Hall (district 2), Minority Leader Kevin McCarthy (district 67), Dan Muhlbauer (district 51), Pat Murphy (district 28), Rick Olson (district 68), Brian Quirk (district 15), Mark Smith (district 43), Phyllis Thede (district 81), Andrew Wenthe (district 18), John Wittneben (district 7) and Mary Wolfe (district 26). The remaining 29 House Democrats voted against the bill. Two Republicans voted no: Guy Vander Linden (district 75) and Kim Pearson (district 42).

Details on the House debate and efforts to amend the bill are after the jump, along with some speculation about its prospects in the Senate and thoughts about the coalitions lobbying for and against it.  

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Who's who in the Iowa House for 2011 (revised)

When the 84th General Assembly convenes on January 10, the Iowa House will have 60 Republicans and 40 Democrats. House Republicans selected leaders and committee chairs last month, and Democrats finished choosing leaders and ranking committee members in the past two weeks.

All Iowa House leaders, committee chairs and ranking members can be found after the jump. I’ve included a link to a short biography for each state representative, as well as the year the person was first elected to the Iowa House and the district he or she represents.  

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When lawmakers feel sorry for law-breakers

Normally, people who write laws want the rest of us to follow those laws. However, when enforcing a statute costs a corporate interest group more money, prepare to hear some whining about government officials doing their jobs. So it was last week, when the Iowa Legislature’s Administrative Rules Review Committee unanimously approved rules formulated by Iowa Department of Inspections and Appeals.

The rules expand the number of hospital workers who are considered mandatory reporters of abuse to include food service workers and housekeeping staff, and define “gross negligence” as a form of abuse.

Lobbyists for Iowa’s hospitals and nursing homes attended Tuesday’s meeting and argued against approval. They said the state inspectors’ definition of gross negligence would result in too many caregivers being branded as abusers. They argued that gross negligence requires a willful, deliberate effort to harm a patient. […]

Representatives of Iowa AARP, the Governor’s Developmental Disability Council and Iowa Protection and Advocacy argued that industry proposals would weaken protection for seniors.

Rep. Bruce Hunter, a Des Moines Democrat who managed legislation related to the proposed rules, addressed the committee and said the industry’s proposed definition of gross negligence was unworkable.

“It would make it very, very difficult, if not impossible, to prosecute somebody in a nursing home or a hospital,” he said. “Yes, we want to make prosecution difficult because dependent-adult abuse is a serious charge, but we don’t want to make it impossible.”

Democratic State Representative Marcella Frevert

expressed dismay that regulators seemed to have regressed from “educational and helpful” enforcement to a “gotcha mentality” of penalizing violators.

Frevert joined the rest of the committee in approving the inspections department’s proposals, but said the full Legislature should consider revisiting the issue in 2010. “So, this isn’t over,” she said.

Here’s an idea: let’s stop issuing tickets for speeding and running red lights in favor of more “educational and helpful” enforcement of traffic laws.

Seriously, those talking points about the “gotcha” mentality of nursing home regulators sound familiar. That’s because legislators from both parties have made the same points in the past. By an amazing coincidence, those legislators have taken expenses-paid trips to Washington courtesy of the Iowa Healthcare Association, which represents nursing homes.

This issue bears watching during the 2010 legislative session, because nursing home operators know their way around the capitol and are good at getting what they want. Legislators could do this group a favor by relaxing the rules on “gross negligence” in nursing homes, and it wouldn’t cost an extra dollar from the general fund.  

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Events coming up this week

As always, post a comment if you know of any important event I have left out.

Democratic candidates, send me your public schedules (desmoinesdem AT yahoo.com) so I can include your events on my calendar.

I have included notices about public meetings convened by the Rebuild Iowa Office, but note that  you can give your feedback in person any day at the Iowa State Fair:

The Rebuild Iowa Office will have representatives at the Iowa State Fair in Des Moines to answer questions and hear Iowans’ concerns and ideas as the state moves forward with flood recovery. RIO representatives will greet Iowans alongside members of the Governor’s Office staff at the Governor’s Office booth, located in the center of the Varied Industries Building on the main concourse.

Iowans can also go online and submit their ideas at the Rebuild Iowa Office Web site (www.rio.iowa.gov) or call the RIO office at (515) 242-5004. […]

The RIO and Rebuild Iowa Advisory Commission were established by Executive Order after the Flood of 2008. RIAC is a 15-person, bipartisan commission whose members chair nine task forces focused on specific issues that will develop further recommendations to support the state’s strategic recovery and rebuilding process. The Commission reports to the Lt. Governor. Major General Ron Dardis, adjutant general of the  Iowa National Guard serves as the Commission’s chairman. The RIO coordinates all state recovery activities.

Iowans can fill out “Speak up Iowa!” surveys at the RIO/Governor’s Office booth. “Speak Up Iowa!” input sessions are taking place across the state and were created to initiate dialogue on the major issues facing the State of Iowa and provide an opportunity for official public and community involvement, with specific focus on gaining input for the RIAC 45-day Report due Sept. 2, 2008. “Speak Up Iowa!” allows residents the opportunity to voice their ideas and desires regarding the long-term recovery of their communities.

Now, on to the rest of the calendar.

Sunday, August 10:

There’s a fundraiser for Rob Hubler in Carroll, which former Governor Tom Vilsack will attend. Reception starts at 6pm; dinner at 7pm. Crossroads Bistro, 12012 Hwy 71 in Carroll. To RSVP for this event, please call the Hubler campaign headquarters: 712-352-2077.

Monday, August 11:

The Rebuild Iowa Office is holding its third “Speak Up Iowa!” public input session at the Red Coach Inn, Banquet Rooms 2 and 4, 1200 Senate Avenue in Red Oak, from 4:00 to 7:00 p.m.

Tuesday, August 12:

The Rebuild Iowa Office is holding its fourth “Speak Up Iowa!” public input session at the Iowa Central Community College Career Education Building (Rooms 108 and 110), 330 Ave. M in Fort Dodge from 4:00 to 7:00 p.m.

It’s the last day to reserve a spot at the Interfaith Alliance of Iowa’s Crossroad lunch event, which will take place on Friday, August 15. (see below for more details). For more information or to make a reservation, call (515) 279-8715 or email tiaiowa@dwx.com.

Tom Harkin is attending a fundraising reception and private classic car display in Ankeny hosted by Dennis Albaugh at 5:30 pm. The evening promises to be a fun one with over 120 classic Chevrolets for you to view.  For full details of this great event please click here.

One Iowa is holding its “Coffee House/Happy Hour” at Ritual Cafe, a time to meet like-minded friends and relax in a welcoming atmosphere, from 5:00 pm to 6:45 pm. At One  Iowa , we believe all families should have equal protections and responsibilities; the way to achieve this is through marriage.  As we continue our work toward Marriage Equality, this month Phyllis Stevens will talk about the Seven Straight Nights for Equal Rights events going on in September. Ritual Cafe, located on 13th Street between Grand and Locust in downtown Des Moines, is an LGBT-operated coffee shop and cafe offering “really great coffee and food” in an open and affirming place. For questions, please contact One Iowa at (515)288-4019, or you can visit our web site at www.oneiowa.org.

State Representative Bruce Hunter (House district 62) is holding his Re-Election Kickoff and fourth annual Hunter house party, with special guest Michael Mauro, Iowa Secretary of State. The party will take place on Tuesday from 5:00 p.m.-7:00 p.m. at the home of Bruce Hunter & Betty Brim-Hunter, 452 Wilmers Avenue, Des Moines. Suggested donation $25. Please Make Checks Payable To The Committee To Elect Bruce Hunter.

The Des Moines Business Record is honoring this year’s “women of influence” at a reception on August 12 from 4:30 to 7:30 pm (honors presentation at 5:00) at the Des Moines Marriott Downtown. You can register for the event, which costs $25 to attend, at http://www.businessrecord.com. The honorees are:

Des Moines Register columnist Rekha Basu

Former Iowa Attorney General Bonnie Campbell

Des Moines attorney Lori Chesser

Community volunteer Sheila Drevyanko

Wells Fargo Home Mortgage employee Cara Heiden

Iowa Environmental Protection Commissioner and philanthropist Charlotte Hubbell

Community activist Willie Glanton

Lieutenant Governor Patty Judge

West Des Moines City Council member Loretta Sieman

The woman business owner of the year is Sarah Grant of Sticks.

Wednesday, August 13:

From the Iowa Power Fund:

(DES MOINES)- The Iowa Power Fund board of directors will hold three of its monthly meetings in locations around the state with the second meeting being held on Wednesday, August 13 in Algona.  This meeting, as well as the last summer meeting of the Power Fund directors, will be followed by an evening public forum on energy issues.

The August 13 meeting of the Power Fund directors will be held at 10:00 a.m. at the Water’s Edge  Nature Center, 1010 250th, Algona.  The meeting will include presentations by seven applicants for funding.  They will include: Soy Energy, LLC – Biodiesel Plant at Marcus using PEF Pellet Boiler; Carbon-Free Energy, LLC – Vertical Wind Turbine Manufacturer; The cornerstone BRAD, LLC managed by Bison Renewable Energy, LLC; Indigo Dawn, LLC – Green & Main, Integrating Efficiencies into a Historic Mix; I-Renew – Energy and sustainability EXPO; TPI Iowa LLC – TPI Wind Blade Advanced Manufacturing Initiative; Prairie Land Enterprises L.C – Switchgrass.

The evening public forum is the second in a series of six annual forums hosted by the Office of Energy Independence. The energy forum in Algona will also be held at the Water’s Edge Nature Center and will begin at 6:30 p.m.

From 1000 Friends of Iowa:

NW 26th Street Public Input Meeting

Wednesday, August 13, 2008

Central Senior Center

2008 Forest Ave.

Des Moines, IA 50311

Commonly known as the MLK Parkway Extension, Polk County and other leaders are now calling this project the “NW 26th Street” project. This proposal consists of

   * Reconstruction of NW 26th Street to a 4-lane facility between IA 415 and I 35/80

   * Construction of a new interchange at I-35/80 and NW 26th Street, and

   * Construction of a new four-lane roadway on new alignment from near Euclid Ave/U.S. 6 and MLK Jr Parkway and the proposed NW 26th St interchange

This will be an open house with some audio/visual presentations, and held by Snyder and Associates, the engineering firm doing the study for Polk County. This will be a meeting to provide an update on the study and collect input on proposed alternative locations for the project, including possible expansion of existing streets in Des Moines like Beaver Avenue and 6th Avenue. Another alternative presented for public comments is for expansion of transit services in the metro area to prevent congestion in the future.

This meeting is a part of the Environmental Impact Statement, a federally required evaluation for a project that has extensive environmental impacts.

Thursday, August 14:

Congressman Leonard Boswell, who represents Iowa’s third district, will be speaking at the Des Moines Register’s Soap Box (outside the Register’s Service Center on the Grand Concourse) at 1:30 pm. As part of this new Iowa State Fair tradition, the Congressman will be speaking on the challenges facing our country in these uncertain times and about his work to put us back on the road to peace and prosperity.

Friday, August 15:

The Interfaith Alliance of Iowa is holding a Crossroads lunch featuring Michele Soria of New Realities Diversity & Innovation Training & Consulting:

 

Do I really value diversity?

Challenging perceptions & creating new behavior

Does equity exist for all people? Is it possible? What is my responsibility to create multi-cultural inclusiveness in society?

An intensely interactive experience which will challenge your beliefs and create new behaviors.

The Crossroads luncheon is Friday, August 15 from  11:45 am – 1  pm at Plymouth Congregational Church, 42nd &  Ingersoll Avenue , Des  Moines .

Reservations are required for Crossroads and must be received by Tuesday, August 12.

Cost is $8 and is payable at the door.

For more information or to make a reservation, call (515) 279-8715 or email tiaiowa@dwx.com.

Dr. Steven and Jill Kraus will be hosting a reception at their home for Tom Harkin in Carroll on Friday, August 15th at 5:30 PM.  Hors d’oeuvres and refreshments will be provided and valet parking is available.  For the full details on this event, please click here.

Saturday, August 16:

Senator Harkin and Mayor Jerry Sullivan, candidate for Statehouse (HD-59), will attend a fundraiser for Sullivan’s campaign from 3:00 to 4:30 pm at the Great Midwestern Café, 1250 NW 128th St in Clive. Catering provided by Great Midwestern Café. Suggested donation $50 (host levels higher). Checks can be made payable to Sullivan for State Representative, 7018 Franklin Ave, Windsor Heights, IA  50322. RSVP to Mike at mmccall@iowademocrats.org or call (614) 561-9117.

1000 Friends of Iowa is holding its 10th anniversary celebration and annual meeting at the Griffieon family farm near Ankeny. The event starts at 9:00 am and runs all day. Click here to register for the meeting or find more details about the event, including a schedule and directions to the farm. Agriculture Secretary Bill Northey will be the keynote speaker. Registration costs $30, and that includes an “Iowa grown lunch.” Other events of the day include:

Presentation – Connie Mutel author of The Emerald Horizon: The History of  Nature in Iowa  Mutel will describe her new book, which offers an opportunity to understand,  reconnect with, and nurture Iowa’s precious natural world. She’ll also discuss  the functions (such as flood-resistance) provided by healthy native communities,  and offer a challenge to restore these functions through reintegrating nature into  Iowa’s working landscape.      1:30     Presentation – Erv Klaas  Dr. Klaas will discuss how reserving valuable cropland for growing corn and  soybeans creates difficult challenges to livestock owners who use riparian zones  for pasture. He will use the Griffieon pasture to illustrate problems livestock  owners face, the technique LaVon is using to remedy the problem and how  improvements to water quality and to our streams depends on a total watershed  approach.       2:00     Tour de Sprawl – Guides: LaVon Griffieon & Stephanie Weisenbach  In the past decade development has encroached upon the farmland next to the  Griffieon’s farm.  We will tour the neighborhood by bus to see the changes made  upon some of the world’s most prime soils.

I am involved with 1000 Friends of Iowa and will attend this meeting, but not in my capacity as desmoinesdem, so don’t expect any talk about partisan politics!

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