# Dan Kelley



Ethics board investigating pro-Republican law-breaking in Iowa House race

A pro-Republican mailing to thousands of Warren County households last month was not only sleazy, but also unlawful.

The Iowa Ethics and Campaign Disclosure Board will investigate who paid to send a letter attacking Democratic State Representative Scott Ourth “to every mailbox in Iowa House district 26” and “what campaign finance laws were violated in the process.”

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Dan Kelley files as third-party candidate in Iowa House district 29

A surprise popped up on the Secretary of State’s general election candidate list today. Dan Kelley, a three-term state representative from Newton, has filed to run as a third-party candidate in Iowa House district 29. He lost the June Democratic primary to Wes Breckenridge by nearly a two to one margin. That campaign turned nasty and personal, with supporters on both sides calling each other “bullies.” In what has no recent precedent in Iowa politics, two major labor unions endorsed a challenger to a Democratic incumbent. Kelley was the only state legislative incumbent in either party to lose his party’s nomination this year.

At this writing, Kelley has not responded to my inquiries, nor has he posted anything on Twitter or Facebook to explain why he decided to run as a third-party candidate. The candidate list provides a big clue: Kelley is named as the candidate for the “Stand Up To Bullies” party. UPDATE: Added comments from Kelley below.

House district 29 covers most of Jasper County in central Iowa (scroll down for a map). The seat leans Democratic, but not overwhelmingly so. President Barack Obama won 56 percent of the vote here in 2012. Kelley defeated his Republican opponent that year with more than 62 percent of the vote. The district contains 7,645 active registered Democrats, 5,608 Republicans, and 6,864 no-party voters according to the latest figures from the Secretary of State’s office.

Kelley wasn’t the most popular member of his caucus, and House Democratic leaders will surely back Breckenridge in the general election. But no one in the party will relish the thought of spending money on this district when there are so many competitive House races around the state. Moreover, even if the party establishment goes all in for Breckenridge, a split in the Democratic vote could give Republican Patrick Payton the opening he needs to take this seat for the GOP. (Republicans haven’t represented the Newton area for decades.) Democrats need a net gain of eight House seats to win control of the lower chamber.

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It's hard to beat an Iowa legislative incumbent in a primary

Yesterday’s primary elections demonstrated again that Iowans like to re-elect their incumbents, barring extraordinary circumstances.

The exception proving the rule: three-term State Representative Dan Kelley lost his Democratic primary in House district 29 (covering Newton and most of Jasper County) to Wes Breckinridge by 65 percent to 35 percent. As Pat Rynard explained here, that race was notable because prominent local officials and Iowa’s two largest labor organizations, AFSCME and the Iowa Federation of Labor, opposed the incumbent.

I’ll be sorry to see Kelley go. Of all the state legislators, he was the most vocal opponent of the Bakken pipeline, despite knowing that unions–a powerful interest group in Iowa Democratic politics–had bought into the oil company’s greatly exaggerated job estimates for that project (see also here). Kelley wasn’t always popular in the House Democratic caucus. I didn’t agree with all of his votes, but I admired his independent thinking.

No one challenged a sitting Iowa senator in a primary this year. The other eight state representatives who faced competitive primaries all won easily yesterday. Among the Democrats, Jo Oldson took about 67 percent of the vote against a hard-working opponent in House district 41, Brian Meyer won 69.5 percent in House district 33, and Mary Gaskill 59 percent in House district 81. Among the Republicans, Greg Forristall won just under 80 percent of the vote in House district 22, Stan Gustafson 67 percent in House district 25, Kevin Koester more than 86 percent in House district 38, Jake Highfill 58.5 percent in House district 39, and Jarad Klein 67 percent in House district 78.

No Iowa lawmaker failed to win his or her party’s nomination in 2014. Highfill had the closest call, taking a 43 percent plurality against two Republican opponents. Highfill was the only successful primary challenger to an Iowa legislative incumbent in 2012. The college student’s victory over then House Majority Whip Erik Helland was shocking, but an OWI arrest and other examples of poor judgment worked against Helland. Though inexperienced, Highfill had the backing of former State Representative Walt Tomenga and the “Liberty PAC” of Ron Paul supporters in that 2012 race.

Any comments about Iowa legislative elections are welcome in this thread.

Iowa primary election results thread

Polls closed at 9 pm across Iowa. Any comments about today’s primary elections are welcome in this thread. Anecdotally, I heard reports of low turnout from various parts of the state all day long. I will be updating this post throughout the evening. For statewide results, check the Iowa Secretary of State’s results page. The Polk County Elections Office is posting results here.

Follow me after the jump for updates. The Des Moines Register posted the video of Patty Judge’s victory speech, because our local CBS affiliate cut away from it, and the NBC and ABC affiliates had ended their election coverage before then.

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Enter Bleeding Heartland's 2016 Iowa primary election prediction contest

It’s that time of year. For your chance at bragging rights in the Bleeding Heartland community, post a comment in this thread with your answers to the following fifteen questions sometime before 7 am central time on Tuesday, June 7.

Anyone can enter, whether you now live or have ever lived in Iowa. It’s fine to change your mind about some or all of your answers, as long as you post a comment with your new predictions before the deadline.

Only comments posted in this thread will be valid contest entries. Predictions submitted by e-mail or posted on Facebook or Twitter will not be considered. Please try to answer every question, even if it’s just a wild guess. We’re all guessing anyway, since no public polls have been published for most of these races.

Bleeding Heartland user ModerateIADem won this blog’s primary election prediction contests in 2010 and 2012. There was no clear winner two years ago.

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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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This is why they raise taxes in non-election years

Early in last year’s legislative session, state lawmakers voted to raise Iowa’s gasoline tax for the first time in more than two decades. Unlike many controversial policy questions, this issue did not split the public or elected officials along party lines. The Des Moines Register’s February 2015 statewide poll showed Iowans generally and subgroups of Democrats, Republicans, and independents were all divided on whether to raise the tax by 10 cents a gallon to pay for road and bridge repairs. In the Iowa House and Senate, lawmakers from both parties voted for and against the tax increase. Senate Majority Leader Mike Gronstal had reportedly refused to bring the bill to the floor without a guarantee that at least half of the 24 GOP senators would vote for it.

The immediate backlash against the gas tax hike came mostly from Republican circles. Former Iowa GOP Chair A.J. Spiker and former state party co-chair David Fischer were among the vocal critics. Conservative WHO Radio host Simon Conway urged Republicans to “send a message” by changing their party registration.

Governor Terry Branstad signed the gas tax hike into law within 24 hours of its passage. The following day, conservative activist Eric Durbin announced on Conway’s show that he would challenge nine-term incumbent State Representative Clel Baudler in the 2016 GOP primary to represent Iowa House district 20.

Yet a year later, there is little sign of political fallout for the 28 state senators and 53 state representatives who voted to make Iowans pay a little more at the pump.

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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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Iowa Senate, House approve gas tax increase

A bill that would raise Iowa’s gasoline tax by 10 cents a gallon is on its way to Governor Terry Branstad’s desk after approval today by both chambers in the Iowa legislature. The Iowa Senate passed Senate File 257 this morning by 28 votes to 21. Sixteen Democrats and twelve Republicans voted for the bill, while ten Democrats and eleven Republicans opposed it. Senate Majority Leader Mike Gronstal had reportedly insisted on at least half the GOP caucus supporting a gas tax increase as a condition for bringing the bill to the floor.

A few hours later, the Iowa House took up the Senate bill (rather than the bill that cleared two House committees last week). Thirty Republicans and 23 Democrats voted yes, while 26 Republicans and 20 Democrats voted no.

Only two state legislators missed today’s votes: Republican State Senator Mark Chelgren and Republican State Representative Chip Baltimore. Baltimore voted against the House version of this bill in committee last week, while Chelgren doesn’t serve on the committees that approved the bill in the Senate. Chelgren appears to have been absent for all of today’s votes, while Baltimore was at the Capitol but left the chamber when the gas tax bill came up. Speaking to reporters later, he tried to make a virtue out of his absence: “I refuse to legitimize either the bill or the process with a vote.” Weak sauce from a guy who is widely expected to seek higher office someday.

Conservative groups are urging Branstad to veto Senate File 257, but that seems unlikely, given the governor’s recent comments on road funding. Branstad’s spokesman said today that the governor will carefully review the final bill before deciding whether to sign it.  

After the jump I’ve enclosed the roll call votes in both chambers, as well as Senate Transportation Committee Chair Tod Bowman’s opening remarks this morning, which summarize key points in Senate File 257.

Final note: several of the “no” votes came from lawmakers who may face competitive re-election campaigns in 2016. Those include Democrats Chris Brase (Senate district 46), Steve Sodders (Senate district 36), and Mary Jo Wilhelm (Senate district 26), and Republicans Dennis Guth (Senate district 4) and Amy Sinclair (Senate district 14).

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Iowa legislative state of play on raising the gas tax

Iowa House and Senate members have taken several steps toward raising the state gasoline tax for the first time since 1989. Follow me after the jump for details on where the legislation stands and the latest signals from the governor.

One big political question was answered today, as House Speaker Kraig Paulsen not only endorsed the gas tax bill but personally intervened to make sure it would clear the House Ways and Means Committee. His support may bring some reluctant House Republicans on board. Conservative advocacy groups such as Americans for Prosperity and Iowans for Tax Relief are pushing hard against any gas tax increase. Governor Terry Branstad or Iowa Senate Minority Leader Bill Dix appear ready to back this bill but may need to spend more political capital to get it passed.

Two important policy questions remain unanswered. First, what will be done to lessen the blow on low-income Iowans, who would be disproportionately affected by any increase in a regressive tax? Iowa’s tax system is already stacked against people with lower incomes.

Second, will the gas tax hike turn out to be a giant bait and switch? From business groups to road builders to heavyweights in the agricultural sector, advocates of a tax increase cite the poor condition of many Iowa roads and bridges. However, to my knowledge the pending legislation would not guarantee that any new Road Use Tax Fund revenues from gasoline taxes or vehicle fees be spent on repairing torn-up roads or structurally deficient bridges. Unless “fix it first” language or a change to the funding formula is added to the bill, the lion’s share of additional revenues from a gas tax hike could go toward building new roads or new lanes on existing roads, such as U.S. Highway 20 in northwest Iowa or any number of local “economic development” projects. If crumbling roads and bridges are used to justify a gas tax hike, lawmakers should stipulate that most of the new money raised would go toward existing infrastructure rather than new roads and lanes, which only increase future maintenance costs.  

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Who's who in the Iowa House for 2015

The Iowa House will begin its 2015 session on January 12 with 57 Republicans and 43 Democrats (assuming a Republican wins the January 6 special election in House district 4). Depending on who wins that special election, the 100 state representatives will include either 27 or 28 women, and either 72 or 73 men.

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 the previous legislative session.

Some non-political trivia: two of the three state representatives with the surname Olson retired this year, as did one of the two Iowa House members named Smith. There are still two Millers and two Taylors in the legislature’s lower chamber, one from each party. As for first names, the new cohort contains five six Davids (four go by Dave), four Roberts (two Robs, one Bob, and a Bobby), four Marys (one goes by Mary Ann), three four Johns, and three Brians. There are two Lindas, two Elizabeths (a Beth and a Liz), and two men each named Dan, Mark, Greg, Chuck, Bruce, Todd, and Chris.

2015 UPDATE: Added below information for John Kooiker, who won the House district 4 special election, and David Sieck, who won the House district 23 special election.  

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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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Iowa legislature not serious yet about preserving soil and clean water

The Iowa House and Senate wrapped up the 2014 session during “Soil and Water Conservation Week.” While certain environmental programs did well in the budget for fiscal year 2015, the legislature did not adequately address some of the biggest problems affecting Iowa’s soil and water.

The Iowa Environmental Council blog linked to several recent articles by “top experts on Iowa soil conservation,” who “expressed alarm about the state of our soil” and in particular the rapid rate of erosion. Along with other kinds of agricultural runoff, soil erosion contributes to toxic algae blooms in rivers and lakes, not only in Iowa and neighboring states but also across much of the U.S. Nutrient pollution is a major reason that more than half of the country’s rivers and streams are “in poor condition for aquatic life.”At the end of this post, I’ve enclosed an infographic explaining how toxic algae blooms form and how to prevent them.

Iowa lawmakers continue to throw money at the state’s Nutrient Reduction Strategy, without insisting on numeric criteria for nitrogen and phosphorous levels in water and without the goals, timelines and monitoring needed to assure Iowans that waterways are becoming cleaner. In fact, the fiscal year 2015 appropriation for the Iowa Department of Agriculture and Land Stewardship removed wording requiring that money for watershed projects be used to reduce nutrients. Follow me after the jump for the disturbing details.

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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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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.  

Former Newton Mayor Chaz Allen running in Iowa Senate district 15

Only a few hours after State Senator Dennis Black confirmed plans to retire, former Newton Mayor Chaz Allen announced that he will seek the Democratic nomination in Iowa Senate district 15. Allen has strong business connections as executive director of the Jasper County Economic Development Corporation and as a board member of the Greater Des Moines Partnership. After the jump I’ve posted Allen’s campaign announcement, which contains more background on the candidate. Former Governor Chet Culver appointed him to the Rebuild Iowa Office’s task force on Infrastructure and Transportation, and he also served on Governor Terry Branstad’s Commercial Property Tax Review Committee three years ago.

Iowa Senate district 15 covers most of Jasper County and some eastern areas in Polk County. Click here for a map and the latest voter registration numbers in the Democratic-leaning district.

I am seeking comment from Iowa House Democrat Dan Kelley, who represents the eastern half of this Senate district. I will update this post when I can confirm whether Kelley will run for the Iowa Senate or seek a third term as state representative.

So far the lone Republican candidate to file in Senate district 15 is Crystal Bruntz. Her campaign is on Facebook here and on the web here. I’ve posted her official bio below.

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Democratic incumbent Dennis Black retiring in Iowa Senate district 15

Democratic State Senator Dennis Black announced this morning that he is retiring from politics after 32 years in the Iowa legislature, including five terms in the Iowa Senate. His retirement opens up Senate district 15, covering most of Jasper County and parts of eastern Polk County. As of March 2014, this district contained 15,238 registered Democrats, 13,184 Republicans, and 15,064 no-party voters. After the jump I’ve posted a district map and Black’s open letter to colleagues and the media.

In late January, it appeared that three Republicans would compete for the chance to run against Black this year. But the highest-profile candidate, former Iowa GOP Co-Chair David Fischer, opted against running last month. Meanwhile, the first Republican candidate to declare against Black, Patrick Payton, decided to run for Iowa House district 29 instead. That leaves Crystal Bruntz, a human resources executive for the convenience store chain Kum & Go, as the likely GOP nominee in Senate district 15. So far she is the only Republican who has filed nominating papers in the district.

Democrats have until this Friday to find a new candidate for the seat Black is vacating. I am seeking comment from two-term State Representative Dan Kelley of Newton. He currently represents Iowa House district 29 but has not filed for re-election yet. First-term Democrat Joe Riding has already filed for re-election in House district 30, the western half of Senate district 15. UPDATE: Riding confirmed by telephone that he is committed to continuing to represent residents of House district 30.

Although Black’s district wasn’t initially on my radar or Senate Majority Leader Mike Gronstal’s radar as one of the most competitive 2014 Senate races, opposing parties typically have a better chance of winning open seats than defeating state legislative incumbents. Senate district 15 will surely be a race to watch this year.

PROCESS GEEK UPDATE: Although it’s not relevant in this instance, since Riding will stick with the House race, a candidate who had already filed papers to run for an Iowa House district could file for a newly open Senate district. Scroll to the end of this post for the explanation.  

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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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Three Republicans challenging Dennis Black in Iowa Senate district 15

Iowa Senate district 15 wasn’t on my top tier of Iowa Senate races to watch or among the competitive seats recently mentioned by Senate Majority Leader Mike Gronstal. However, I am revising my view amid new signs that Republicans will make a strong push against five-term Democratic incumbent Dennis Black.

After the jump I’ve posted background on Black and the three Republicans who plan to challenge him, along with a district map and the latest voter registration totals.  

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"Alarm bells" over impact of new trade agreement on states' rights

“States’ rights” has typically been a rallying cry among American conservatives, but six Democratic Iowa legislators are concerned that the Trans-Pacific Partnership now being negotiated may infringe on local control and states’ ability to legislate in the public interest. In an open letter, 43 state lawmakers have asked 23 state attorneys general, including Iowa’s Tom Miller, to analyze the Trans-Pacific Partnership’s possible impact on state and local governments.

I’ve enclosed the text of the letter below, along with a news release on the initiative from the National Caucus of Environmental Legislators. The Iowans who signed are State Representatives Chuck Isenhart, Marti Anderson, Dan Kelley and Curt Hanson, and State Senators Bill Dotzler and Joe Bolkcom. The letter spells out ten areas of state regulation that signers fear could be undermined by the Trans-Pacific Partnership. Isenhart stressed that the lawmakers’ concerns go beyond environmental issues, citing Iowa’s support for the biofuels industry as well as state policies to protect consumers and discourage smoking.

President Barack Obama is seeking to fast-track the Trans-Pacific Partnership. Activists who oppose the trade agreement have criticized the secrecy surrounding the negotiations as well as the agreement’s tilt toward corporations and potential to undermine environmental and public health protections.

UPDATE: Bleeding Heartland user cocinero notes in the comments that the American Cancer Society is concerned about this trade agreement. At the end of this post I’ve enclosed a joint statement from Campaign for Tobacco-Free Kids, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association and the American Academy of Pediatrics.

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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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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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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 the Obama and Romney ground games in Iowa

At this time four years ago, Barack Obama’s campaign had about 30 field offices up and running in Iowa, compared to six offices for Republican presidential candidate John McCain.

Obama’s campaign has had eight Iowa field offices open this summer and is rolling out another 26 offices around Iowa this weekend. So far, Mitt Romney’s campaign has ten Iowa field offices, in addition to the unified Republican headquarters in Urbandale.

After the jump, I compare the field office locations for each presidential campaign, grouped by Iowa Congressional district. Where relevant, I’ve also noted competitive Iowa House and Senate districts near the Obama and Romney field offices, although I doubt either presidential campaign will do much for down-ticket Democratic or Republican candidates.

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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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Iowa Senate passes two bills favored by Big Ag (updated)

The Democratic-controlled Iowa Senate passed two bills today favored by corporate agricultural interest groups. House File 589, the notorious “ag gag” bill, seeks to prevent whistleblowers from reporting alleged abuse at agricultural facilities. Senate File 2172 would reduce the number of sows that confined-animal feeding operations need to report for manure management purposes. Details on the bills and how senators voted are after the jump.

UPDATE: Bypassing normal legislative procedures, the Republican-controlled Iowa House also passed the “ag gag” bill on February 28. Scroll down for details on how the state representatives voted.  

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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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Iowa ban on secret farm recordings could end up in court

The Iowa House on Thursday approved House File 589, which establishes new civil and criminal penalties for various offenses on farms, including unauthorized audio or video recordings. Nine House Democrats joined all of the Republicans present to pass the bill on a 66 to 27 vote. Click here for the full bill text (here’s a pdf version). The House Journal includes the roll call on this bill. The Democrats who voted yes were Deborah Berry (district 22), Dan Kelley (district 41), Helen Miller (district 49), Dan Muhlbauer (district 51), Brian Quirk (district 15), Roger Thomas (district 24), Kurt Swaim (district 94), Andrew Wenthe (district 18), and John Wittneben (district 7). Most of them represent largely rural or small-town areas, except for Berry, whose district includes part of Waterloo.

I’ve posted some of the controversial language in House File 589 after the jump. The bill raises constitutional questions; last year the U.S. Supreme Court struck down a federal law banning depictions of animal cruelty, citing First Amendment concerns. Yesterday in Des Moines,

Dan Hauff, investigations director for Chicago-based Mercy for Animals, said the law is likely unconstitutional under the First Amendment. He said it would inhibit investigative journalists from reporting on animal cruelty, environmental hazards and food safety issues on farms. He said the organization might bring litigation if the bill becomes law, but he hoped it wouldn’t make it that far.

Senator Tom Harkin said yesterday he hadn’t studied details on House File 589, but he argued against the idea behind the policy.

“Thankfully, because of whistleblowers and others doing undercover work, we are finding out about a lot of the abuses that are taking place in animal agriculture – and some of those abuses have just been awful,” Harkin said during a conference call with reporters.

House Agriculture Committee Chair Annette Sweeney, a cattle farmer who is the lead sponsor on this bill, defended the legislation, saying, “We are completely concerned about the health and well-being of our animals on our farms, and if we have individuals coming onto our farms and filming and not telling us they’re there, we are sincerely worried about the health and biosecurity.” Speaking for Democrats who voted against House File 589, State Representative Pat Murphy argued that “the overwhelming majority of farmers and people who own breeding facilities in Iowa operate very reputable businesses and treat their animals well,” but “you have to wonder” what the few who have problems at their facilities want to hide.

Des Moines-based advertising specialist Michael Libbie considers this bill a big public relations mistake:

[P]assing such legislation controlling and making the filming and distribution illegal makes ag look….bad.  Very bad. […]

At a time when agriculture needs more, not less, friends and at a time when so many people have horrible misconceptions about farming and nearly zero relationships with farmers and ranchers…this bill is ill advised.  Bad idea for agriculture, bad idea for farmers and ranchers….this will only fuel the fires of those who already think animal agriculture is evil.  And for those who don’t, they  just might start wondering, “So, what is going on they don’t want me to know about?”

I expect the Iowa Senate to approve this bill with minimal changes, and Governor Terry Branstad to sign it. Ultimately, courts will probably decide whether House File 589 or similar legislation being considered in Florida goes too far in restricting free speech.

UPDATE: A Bleeding Heartland reader commented by e-mail that Republicans like James O’Keefe’s secret sting videos (against NPR or ACORN, for example). Why should big ag receive special protection against that kind of exposure?

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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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Iowa House Democrats elect Kevin McCarthy minority leader

Iowa House Democrats elected Kevin McCarthy minority leader for the coming legislative session on November 15. McCarthy represents district 67 on the southeast side of Des Moines. He served as House majority leader for the last four years alongside House Speaker Pat Murphy. Murphy did not seek the minority leader position after the election shrank the House Democratic caucus from 56 members to 40. The caucus elected four assistant minority leaders today: Ako Abdul-Samad from district 66 (Des Moines), Mark Smith from district 43 (Marshalltown), Sharon Steckman from district 13 (Mason City), and Mary Mascher from district 77 (Iowa City).

The press release from the House Democratic caucus does not say whether anyone challenged McCarthy for the leadership position. Last week Dave Jacoby of Coralville and Mark Smith were rumored to be considering a run for minority leader, although Smith told the Des Moines Register he had decided against pursuing the job. LATE UPDATE: McCarthy told IowaPolitics.com that Smith did challenge him for minority leader, but declined further comment.

I’ve never been in the McCarthy fan club. He and Murphy sometimes pushed bad legislation, including the odor study bill that was a gift to CAFO operators. McCarthy is also a notorious opponent of real campaign finance reform. I’m not just talking about the VOICE act, which would have created a voluntary public financing system. I’m talking about reasonable contribution limits, which the Democratic House and Senate leadership never moved in the past four years. I doubt McCarthy will collect many five-figure checks for the House Truman Fund once Iowa has a Republican governor and a large GOP majority in the lower chamber.

While I would have preferred to see a new face for House Democrats who wasn’t part of last session’s leadership team, I wish McCarthy well. He’ll have a big job holding the Democratic caucus together and laying the groundwork for future gains.

McCarthy issued this statement today: “House Democrats are committed to strengthening our economy and helping create jobs. We will work together on the main stream, bread and butter issues that effect the every day lives of Iowans. However, if Republicans steer to more extreme policies at the expense of ordinary Iowans, we will make our voices heard.” The reality is that with 60 votes and almost no moderates left in the GOP caucus, House Speaker Kraig Paulsen and Majority Leader Linda Upmeyer won’t need to work with Democrats on any bills they want to pass, no matter how extreme.

Even though the House Democratic caucus will be much smaller next year, it still will have some new blood. Seven Democrats won open-seat House races on November 2: Chris Hall from district 2 (elected despite unusually strong GOP performance in Sioux City), John Wittneben from district 7 (Palo Alto, Emmet and part of Kossuth counties), Anesa Kajtazovic from district 21 (Waterloo), Mary Wolfe from district 26 (Clinton), Dan Kelley from district 41 (Newton and most of Jasper County), Dan Muhlbauer from district 51 (Carroll County and parts of Crawford and Sac), and Ruth Ann Gaines from district 65 (Des Moines).

LATE UPDATE: McCarthy’s comments on the election and the upcoming session are after the jump.

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First take on the Iowa House and Senate results (updated)

Democrats suffered big losses in the Iowa House and Senate last night. Assuming no results change through recounts, the House is likely to switch from 56 Democrats and 44 Republicans to 59 Republicans and 41 Democrats. I’ve seen some online references to a 58-42 split, but that’s not how the count looks based on unofficial results posted on the Secretary of State’s website.

Democrats maintain control of the Iowa Senate, but their majority shrank from 32-18 to 27-23. Governor-elect Terry Branstad should easily be able to get his agenda through the Iowa House, and Senate Majority Leader Mike Gronstal may have trouble keeping his caucus united.

UPDATE: Late returns could change the outcome in two Senate seats; it’s possible the chamber could have a 25-25 split, or a 26-24 Democratic majority.

SECOND UPDATE: A few more races could switch as more absentee ballots come in. As of Wednesday evening, Democrat Tom Schueller is now trailing in House district 25 by about 150 votes.

Here’s my take on the seats that changed hands and the near-misses.

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