# Ethics



More work needed to protect the Iowa caucuses

Without question, this past week was good for the future of the Iowa caucuses. State Senator Kent Sorenson was pressured to resign after a special investigator found probable cause that he lied about evading Iowa Senate rules against being paid by presidential campaigns. Thanks to improved coordination between the Republican Party of Iowa and Iowa Democratic Party, the 2014 off-year caucuses will be held simultaneously, as usual. Both developments should take ammunition away from critics who point to potential cheating during the Iowa caucus process.

Now it’s up to Iowa lawmakers to prevent corruption or the appearance of corruption from undermining our state’s role during the 2016 presidential race.  

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Iowa Senate district 13 special election set; Democrat Mark Davitt is running

Governor Terry Branstad signed a proclamation today setting the special election to fill Iowa Senate district 13 for Tuesday, November 19. Republican State Senator Kent Sorenson resigned last week after special investigator Mark Weinhardt delivered an exhaustive report about Sorenson’s alleged malfeasance to the Iowa Senate.

I highly recommend looking through Weinhardt’s report (here are links to volume 1 and part 2). It astounds me that Sorenson is posturing as the victim of a “straight-up political witch hunt.” Exhibit 12 in this part of Weinhardt’s report summarizes an interview with Susan Geddes, who managed Sorenson’s Iowa House campaign in 2008 and Iowa Senate campaign in 2010. She repeatedly warned Sorenson that he could not be paid by the Michele Bachmann’s presidential campaign under Iowa Senate rules, and that the truth would catch up with him.

Republican blogger Craig Robinson discussed “winners and losers” in the Sorenson ordeal here. I largely agree with his list, but I would put Senate Minority leader Bill Dix in the loser category, as well as Senate Ethics Committee Republicans Jack Whitver and Jerry Behn. If they’d had their way, Weinhardt would never have been appointed to look into Sorenson’s wrongdoing. Speaking of ethics, it is customary to link to a blog post when you mention it. Robinson referred to, but failed to link to, this Bleeding Heartland post about the legal problems of Sorenson’s attorney, Ted Sporer.

Former Iowa House Democrat Mark Davitt announced today that he will run in the Senate district 13 special election. I’ve posted his press release after the jump. Davitt was born in Madison County and represented most of Warren County in the Iowa House for three terms before losing his seat to Sorenson in 2008. Republican State Representative Julian Garrett is running, but I expect at least one other person to seek the Republican nomination for the special election.

I enclosed a map of Senate district 13 after the jump. As of October 1, the district contained 13,293 registered Democrats, 15,013 Republicans, and 15,909 no-party voters.

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Curtain falls on Kent Sorenson's political career

State Senator Kent Sorenson resigned this afternoon after special investigator Mark Weinhardt filed a damning report with the Iowa Senate on Sorenson’s conduct. Iowa Senate ethics rules don’t allow senators to receive payment from political action committees, but Weinhardt found probable cause that money from political action committees supporting presidential candidate Michele Bachmann flowed to Sorenson indirectly by way of consulting firms. The first volume of the report is available here. Weinhardt also discussed “deeply suspicious” wire transfers and a check Sorenson received from a Ron Paul presidential campaign official.

Speaking to the Des Moines Register today, both Sorenson and his attorney Ted Sporer insisted that the senator never lied, because he was a subcontractor, not an employee of Bachmann’s campaign.

Senate Ethics Committee Chair Wally Horn announced plans to convene a meeting of that committee next week. Later this afternoon, Senate Minority Leader Bill Dix said in a statement, “Today, I called for Senator Sorenson’s resignation, and he agreed to do so effective immediately.”

While looking for Dix’s full statement on the Iowa Senate Republicans website, I was amused to see photos of Sorenson scrolling across the front page, featuring “latest news” from May 28. Apparently no one involved with the Senate GOP caucus has figured out how to keep the website up to date since Dix fired their key communications staffer in May. For fun and for posterity, I took a screen shot that I’ve posted after the jump.

Sorenson’s resignation opens up Republican-leaning Senate district 13. I haven’t heard yet about any candidates from either party planning to run for that seat in 2014. UPDATE: John Deeth speculates on possible candidates for the special election in that district. I think Iowa House Democrat Scott Ourth will stay in House district 26 rather than run for the Senate seat.

UPDATE: O.Kay Henderson posted the e-mail Sorenson sent to his constituents today. I’ve enclosed the relevant portion below. He accuses his opponents of conducting a “straight-up political witch hunt” against him because he tried to remove Iowa Supreme Court justices from the bench. What ever happened to personal responsibility?

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More bad news piling up for Kent Sorenson (updated)

Allegations that State Senator Kent Sorenson sought and received payment for endorsing presidential candidate Ron Paul are now the subject of a complaint with the Iowa Senate Ethics Committee. You can read the full text of Peter Waldron’s latest complaint at The Iowa Republican blog. Earlier this year, the former consultant for Michele Bachmann’s 2012 presidential campaign filed complaints with the Federal Elections Commission and the Iowa Senate Ethics Committee, focused on alleged payments Sorenson received for his work on Bachmann’s campaign. Iowa Supreme Court Chief Justice Mark Cady appointed a special investigator in May to look into those claims.

Since Sorenson appears determined to fight these charges rather than leave the political stage quietly, this saga could drag on for some time. Senate Ethics Committee Chair Wally Horn told Rod Boshart yesterday that committee members would meet soon “to discuss how to proceed.”

Meanwhile, the U.S. House Ethics Committee voted last week to continue its investigation of the Bachmann presidential campaign, Kevin Diaz reported for the Minneapolis Star-Tribune on September 11. Alleged payments to Sorenson feature prominently in that investigation. According to Diaz, the Office of Congressional Ethics board has recommended that Sorenson be subpoenaed, because he did not cooperate with investigators.

Sorenson may need to find a new attorney at some point. Former Polk County Republican Party chair Ted Sporer has been representing him so far. Multiple Bleeding Heartland readers have brought to my attention an August 16 decision by Polk County District Court Judge Douglas Staskal. In that ruling, Judge Staskal found that “beyond a reasonable doubt,” Sporer “fabricated evidence” and “lied under oath” to help a client who was violating the terms of a divorce decree. I’ve posted six pages from the 25-page decision after the jump. If Judge Staskal’s findings become the subject of a formal complaint with the Iowa Supreme Court Grievance Commission, Sporer might eventually be disbarred.

UPDATE: On September 18, Citizens for Responsibility and Ethics in Washington (CREW) released its latest report on most corrupt members of Congress. Bachmann made the list, in part because of activities allegedly linked to Sorenson’s work for her campaign.

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Kent Sorenson poised to fight, not quit

Despite growing calls for him to resign, Republican State Senator Kent Sorenson signaled yesterday that he will fight a new ethics complaint based on alleged payments from Ron Paul’s presidential campaign. The Des Moines Register’s Jennifer Jacobs reported that Peter Waldron plans to file a second complaint with the Iowa Senate, claiming that Sorenson worked with Paul campaign officials “to solicit and conceal compensation” for himself and others. Waldron is a political consultant who worked for Michele Bachmann’s presidential campaign. Earlier this year, he filed complaints against Sorenson with the Federal Election Commission as well as with the Iowa Senate.

Documents and audio recordings published by The Iowa Republican blog indicate that intermediaries negotiated with Paul campaign officials on Sorenson’s behalf, and that Sorenson later received a big check from a Paul campaign manager. But Sorenson’s attorney Ted Sporer told the Des Moines Register that the charges are “gibberish.”

Sporer confirmed [Dimitri] Kesari, against Sorenson’s wishes, surreptitiously handed Sorenson’s wife a check drawn on a retail business’s bank account. But the check is still in Sorenson’s possession, he said.

“It has never been cashed,” Sporer said. “Obviously we can show it’s never been cashed. And an uncashed check is simply an autograph.”

Three weeks ago, Sporer told a Minneapolis Star-Tribune reporter, “There was no money that changed hands. There was no direct or indirect payment from the Ron Paul campaign.”

The Iowa Senate Ethics Committee won’t be able to punt this time, but it may take months to investigate the new charges. Meanwhile, I haven’t heard of anyone planning to challenge Sorenson in the GOP primary to represent Iowa Senate district 13. If I were a Republican in Warren or Madison County, I’d have started looking for a more viable candidate months ago.

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More Republican lawmakers call on Kent Sorenson to resign

A growing number of rank and file Iowa Republican lawmakers are ready to see State Senator Kent Sorenson exit the political stage as soon as possible. While legislative leaders have remained silent on the issue, yesterday State Senator Brad Zaun and State Representative Clel Baudler both called on Sorenson to resign over allegations that he solicited and received payments in exchange for ditching Michele Bachmann’s presidential campaign for Ron Paul.  

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Ethics board to investigate National Organization for Marriage spending on retention votes

The Iowa Ethics and Campaign Disclosure Board voted unanimously on August 8 to investigate the National Organization for Marriage’s spending in Iowa during the 2010 and 2012 judicial retention elections. Details are after the jump.

UPDATE: Added details below on the National Organization for Marriage demanding that the ethics board’s executive director recuse herself from any investigation.

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Ethics board dismisses complaint against State Auditor Mosiman

The Iowa Ethics and Campaign Disclosure Board agreed on August 8 to dismiss a complaint Iowa Democratic Party executive director Troy Price filed in May against newly-appointed State Auditor Mary Mosiman. The complaint alleged that Mosiman improperly used funds from her Story County auditor campaign account for personal expenses. Mosiman admitted using campaign funds to pay for certified public accountant training and travel to Republican political events after she became head of the Iowa Secretary of State’s elections division. She maintained the payments were permissible because she had future political aspirations, even though she was not an elected official or a candidate for office when the funds in question were used. Mosiman is now running for state auditor in 2014.

After the jump I’ve posted a memorandum of understanding between Mosiman and the Iowa Ethics and Campaign Disclosure Board. Both the state auditor and Iowa Ethics and Campaign Disclosure Board members agreed that Iowa law does not spell out the full range of allowable post-election spending from campaign accounts.  Mosiman agreed to repay the campaign funds to resolve the dispute, while denying wrongdoing. The ethics board agreed to “consider issuing one of more advisory opinions” to “address the lack of clarity in the law that has revealed itself in this matter.”  

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Sorenson scandal reflects poorly on Iowa Gun Owners group

The scandal of State Senator Kent Sorenson demanding and apparently receiving money in exchange for endorsing Ron Paul for president has the potential to do a lot of collateral damage in Iowa Republican circles. Note the conspicuous silence of state party leaders this week–shocking on one level but less surprising when you consider that several Iowa GOP State Central Committee members worked closely with Paul’s campaign.

The Sorenson story is also a huge black eye for the Iowa Gun Owners group, which claims to be “Iowa’s only No Compromise gun rights organization.”

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How long can Iowa Republicans stand by Kent Sorenson? (updated)

Following up on yesterday’s bombshell news, The Iowa Republican publisher Craig Robinson has now published an audio recording with transcript of State Senator Kent Sorenson describing how he took money in exchange for endorsing Ron Paul for president.

There is no excuse for Sorenson’s behavior or the continued silence of state Republican Party leaders. I don’t care if Iowa GOP Chair A.J. Spiker and several state central committee members are old “Paulinista” buddies with Sorenson. You have to be blind not to see the damage Sorenson has already done to the Iowa caucuses. Governor Terry Branstad and Iowa Senate Minority Leader Bill Dix may be afraid to take a public stand because Sorenson has a cheering squad among social conservatives, but this man does not belong in the Iowa Senate.

I will update this post as needed, and I hope it will be needed.

UPDATE: Sorenson’s attorney Ted Sporer told the Minneapolis Star-Tribune that no money changed hands, either directly or indirectly, between Sorenson and the Paul campaign. Is he lying, or did his client lie to him?

So far I’ve seen no comment about this scandal from conservative talk radio host Steve Deace, a longtime Sorenson ally. Deace’s motto is “Fear God, Tell the Truth, and Make Money.” I guess two out of three ain’t bad.

Conservative radio host Simon Conway commented on the Sorenson allegations, “Does not look good.” An understatement, but at least it’s something. Conway added, “We did a full hour on this yesterday and will be doing more today.”

SECOND UPDATE: As of the late afternoon on August 7, Iowa Senate Republicans had “no comment at this time” regarding Sorenson. Unreal.

THIRD UPDATE: The source for this story, former Ron Paul aide Dennis Fusaro, spoke to the Washington Post. Meanwhile, The Iowa Republican posted audio and transcript of a different conversation between Sorenson and Fusaro about the check Sorenson received.

Iowa Secretary of State Matt Schultz became the first GOP elected official to say Sorenson should resign if the allegations are true.

Republican blog drops Kent Sorenson bombshell

Since the day State Senator Kent Sorenson dumped Michele Bachmann for Ron Paul, Iowa politics watchers have speculated that he was paid well to do so. Earlier this year, news emerged of indirect payments totaling $7,500 per month from entities supporting Bachmann to Sorenson while he chaired her presidential campaign in Iowa. Today The Iowa Republican blog’s publisher Craig Robinson posted e-mails and memos detailing a large “payoff” for Sorenson in exchange for publicly endorsing Paul.

I hope these allegations will generate momentum in the Iowa legislature to prohibit lawmakers from being paid by political campaigns. An ethics investigation of Sorenson is pending, but these rules should be written into state law in my opinion. The integrity of the Iowa caucuses is undermined by the perception that presidential candidates can buy state legislators.

I assume that whoever leaked this information to The Iowa Republican is hoping that Sorenson will either resign or lose in a GOP primary to represent Senate district 13 next year. It’s a district Republicans “should” hold, but Sorenson is surely not the best candidate to accomplish that goal. To my knowledge, no Republican has announced plans to challenge Sorenson in a primary. He has passionate defenders in the social conservative wing, thanks to his uncompromising stance on Medicaid abortion funding, his hostility toward an LGBT youth conference, his support for impeaching Iowa Supreme Court justices and bringing back the death penalty, among other issues.

It’s worth noting that Robinson has never been sympathetic to the Ron Paul faction within the Iowa GOP. His website displayed a strong “Rick Santorum” slant in late 2011 and early 2012. Critics have even accused Robinson of taking money in exchange for promoting a certain angle at The Iowa Republican. Still, today’s post on Sorenson’s “payoff” is a must-read.

FBI involved in Bachmann campaign investigation

The FBI is interviewing witnesses to alleged illegal payments involving staffers for Michele Bachmann’s presidential campaign, Kevin Diaz reported for the Star Tribune over the weekend. One of the key witnesses, Bachmann’s former chief of staff Andy Parrish, recently submitted a sworn statement to the Iowa Senate Ethics Committee, leading to the appointment of a special investigator for an ethics complaint against Republican State Senator Kent Sorenson.

Follow me after the jump for more details.

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Kent Sorenson clashing with House Republicans over abortion funding

State Senator Kent Sorenson claims to have made some Iowa House Republicans unhappy by helping the advocacy group Iowa Pro-Life Action pressure state representatives over abortion funding. Currently, Iowa’s Medicaid program covers abortions under very limited circumstances. In fact, our state is among the most restrictive in this area. Nevertheless, a compromise worked out on the final day of the 2011 legislative session angered many conservatives. Some Iowa Republicans have pushed for a total ban on Medicaid-funded abortion.

In a Facebook post last night, Sorenson lambasted members of his own party who do not keep their promises on the “pro-life” issue. He claimed that some House Republicans “are considering filing ethics charges against me” because he signed a letter Iowa Pro-Life Action sent to lawmakers. Looking through the Iowa House Code of Ethics, it’s not clear to me which rule Sorenson might have violated. House Republican staffer Josie Albrecht told me by telephone that she was not aware of any pending ethics complaints by legislators against Sorenson.

I enclose the full text of the Facebook post after the jump. At this writing, it has been “shared” by 63 Facebook users, including conservative talk radio hosts Steve Deace and Jan Mickelson.

Sorenson is already facing an ethics investigation related to alleged paid work for Michele Bachmann’s presidential campaign. I have been wondering whether Republicans might be better off with a different nominee in Iowa Senate district 13 next year. However, an uncompromising stand against abortion funding would serve Sorenson well if he faced a GOP primary challenger.

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Special investigator will examine ethics complaint against Kent Sorenson

Today the Iowa Senate Ethics Committee voted to appoint a special investigator to look into allegations that Republican State Senator Kent Sorenson broke Senate rules against being paid for political campaign work. It was the least they could do, in light of testimony submitted recently by U.S. Representative Michele Bachmann’s former chief of staff. Even so, two Republicans on the Committee voted against launching an investigation. Jack Whitver claimed the action would encourage “frivolous” ethics charges to be investigated regardless of supporting evidence. Jerry Behn said the complaint was based on “hearsay,” even though e-mail correspondence and an affidavit attested to Sorenson receiving indirect payments.

Republican Senator Sandy Greiner voted with the three Democrats on the Ethics Committee (Wally Horn, Joe Seng, and Dick Dearden) to launch an investigation. O.Kay Henderson posted audio from the committee meeting at Radio Iowa. Horn emphasized the need to protect Iowa’s first in the nation status for the presidential race. Greiner said she hoped the investigator would find Sorenson to be “as pure as the driven snow” but noted, “there’s going to be a cloud over this entire chamber if we don’t attempt to get to the bottom of this.”

Sorenson claims he is an innocent victim of a “witch hunt” and submitted documents in his defense to the Ethics Committee. Iowa Senate Secretary Mike Marshall told journalists that the complaint “still could ultimately be dismissed after the investigation.”

LATE UPDATE: On May 10, Iowa Supreme Court Chief Justice Mark Cady signed an order naming Des Moines attorney Mark Weinhardt “special counsel” to investigate these allegations. Background on Weinhardt is after the jump.

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Iowa Senate Ethics Committee punts on Sorenson allegation

The Iowa Senate Ethics committee (unofficial slogan: “See no evil, hear no evil”) met yesterday to consider an ethics complaint filed against Republican Senator Kent Sorenson. Five of the six committee members voted to table two serious allegations raised by Peter Waldron, who was a consultant for Michele Bachmann’s presidential campaign while Sorenson was the campaign’s Iowa chair in 2011.

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Rastetter "blurred the line" between business and Board of Regents

Bruce Rastetter “blurred the line” last year “between his role as investor in AgriSol Energy” and his position on the Iowa Board of Regents, Ryan Foley reported yesterday in a must-read piece for the Associated Press.

UPDATE: Iowa Citizens for Community Improvement posted extensive e-mail correspondence related to Rastetter’s involvement in the potential AgriSol Energy/Iowa State University partnership. Details are below.

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Ethics board dismisses complaints against Brent Rastetter and Jason Glass

The Iowa Ethics and Campaign Disclosure Board on Thursday dismissed ethics complaints filed against Environmental Protection Commission member Brent Rastetter and Iowa Department of Education Director Jason Glass. Rastetter had been accused of a conflict of interest related to his factory farm construction business. The complaint against Glass focused on an all-expenses-paid trip to Brazil, which he took in September.

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Terry Branstad had taxpayers foot bill for Republican campaign work

Even Terry Branstad’s admirers will tell you the man enjoys campaigning more than governing. He loves touring the state, speaking to groups, working a room. His wife says he’s been “giddy as a schoolgirl” since becoming a candidate again. Sitting governors attend many official events that indirectly serve their re-election ambitions. It’s one of the advantages of incumbency, and it’s fair game.

Using the governor’s office to raise campaign money and conduct campaign activities is a different story. That’s what Branstad and his top staffers did during the 1980s and 1990s, according to several hundred pages of documents Governor Chet Culver’s campaign released this week. I’ve posted the Culver campaign memo with highlights from the Branstad files after the jump. From the accompanying press release:

The documents illustrate how Branstad and members of his Administration participated in campaign fundraising, opposition research and candidate recruitment from the Governor’s office.

Doug Gross, Branstad’s Chief of Staff, was playing a key role in running the Republican Party of Iowa as well as Branstad’s re-election campaign from his office at the Iowa State Capitol. Another member of Branstad’s staff, Jerry Mathiasen, was helping run a Congressional campaign from the Capitol and coordinating the Republican Party’s legislative campaigns. In addition, Branstad’s State-Federal Relations Director, was spending his day working on selling fundraising dinner tables for the Republican Governors Association.

“This is part of clear pattern of dishonesty and scandal,” said [Culver campaign manager Donn] Stanley. “Already during this campaign, Branstad has admitted that, for the majority of his tenure as Governor, the books were never balanced but what’s worse is that by keeping two sets of books, he hid the truth about the state budget from Iowans. While today’s information is new to Iowans, we already knew that, as Governor, he used the state plane for political purposes and held campaign fundraisers shortly after awarding donors multi-million dollar state contracts.”

Whether this activity was illegal at the time or merely unethical is beside the point. Taxpayer dollars fund the salaries of the governor’s staff. It is inappropriate to have the governor’s staff doing campaign work for Branstad and other Republicans on the public’s dime.

The Branstad campaign’s response to this week’s document dump was telling:

“Chet Culver and his campaign can spend their time wallowing in the past, while Terry Branstad is looking to the future and committed to open, honest and transparent government,” [Branstad campaign manager Jeff] Boeyink said. “This attack is as sad and pathetic as Chet Culver’s four years as governor.”

So no denial, no apology, and no promise that Branstad’s policy staff won’t do campaign work in the future. We don’t even get the “learned from my mistakes” line Branstad pulls out whenever someone challenges his dismal fiscal record.

Iowa State Professor Steffen Schmidt told the Des Moines Register, “If I were Branstad I’d probably sleep OK tonight.” Schmidt views this treasure trove of documents as a sign that Culver “may not have too many really sharp angles to come at Branstad.” I wouldn’t be too sure about that. Culver campaign staffers have been going through about 1,000 boxes of material from Branstad’s four terms in office. I doubt they would release all the best stuff before the Fourth of July. We’ve got a long way to go before November.

Final note: Culver’s campaign raised the issue of Branstad’s abuse of power in response to the Republican’s latest tv ad, unveiled this week. The viewer sees clips from Branstad’s rallies and hears Branstad tell the crowd: “We’re all here for one reason: to give Iowans a government that is as honest, as hard-working, that is as good as the people of this state. To those communities fighting to stay alive, to the workers hunting for good jobs, to those families hoping for a better education for their kids, change is coming! For those Iowans who want honest, open and scandal-free government, change is coming! We did it before, and we can do it again!” If Branstad wants to campaign on “honest, open and scandal-free government,” he should be prepared to defend his own record.

UPDATE: The Culver campaign released this statement on July 2:

DOES BRANSTAD BELIEVE HE IS TRULY ABOVE THE LAW?

3 DAYS AND NO RESPONSE ON EGREGIOUS MISCONDUCT

DES MOINES – Terry Branstad and his campaign must believe that he and his cronies are above the law because they have yet to admit that using the Governor’s Office to further Branstad’s own political ambitions instead of putting the people’s work first is wrong.

“Branstad has yet to admit any wrong-doing or even promise the people of Iowa that he would avoid abusing the Governor’s Office if elected again. Terry Branstad abused the power of the Governor’s Office and it’s time he admit culpability,” Culver/Judge Communications Director Ali Glisson.

On Wednesday, the Culver/Judge Campaign produced 400 pages of documents showing that Branstad and his closest associates, including Doug Gross, abused the power of the Governor’s Office. Branstad raised money for his campaigns and for the Republican Party of Iowa, using official state stationery, making fundraising calls, and used various staff and state resources for these efforts instead of working for the people of Iowa.

“What Branstad did is wrong and unethical. He put himself above the law and used state resources to further his own political agenda over any efforts to help the people of Iowa.”  

To see all 400 pages of documents released this week by the Culver/Judge Campaign, visit BranstadFacts.com.

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Year in review: Iowa politics in 2009 (part 2)

Following up on my review of news from the first half of last year, I’ve posted links to Bleeding Heartland’s coverage of Iowa politics from July through December 2009 after the jump.

Hot topics on this blog during the second half of the year included the governor’s race, the special election in Iowa House district 90, candidates announcing plans to run for the state legislature next year, the growing number of Republicans ready to challenge Representative Leonard Boswell, state budget constraints, and a scandal involving the tax credit for film-making.

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The Iowa legislature can't enforce its own disclosure rules

Iowa Citizens for Community Improvement on Wednesday filed an ethics complaint against the Iowa Pharmacy Association, which entertained Governor Chet Culver and numerous state legislators in February but did not disclose the reception until after journalists started asking questions five months later. State Representative Kerry Burt, who attended the event, was arrested later that night for drunk driving. From an August 5 Iowa CCI press release:

Iowa CCI’s initial research has uncovered 26 additional late-filing disclosure violations by lobbyist groups during the 2009 legislative session.  This amount represents nearly one-third of the 90 reports that were filed in 2009.

“Today we are focusing on the Iowa Pharmacy Association because its disclosure violation is the most egregious example of abuse of the law by special-interest lobbyists, particularly because they only filed after they were caught,” [Iowa CCI’s State Policy Organizing Director Adam] Mason said.

This emerging and growing political scandal raises new questions about the ability of the House and Senate Ethics Committees to accurately monitor and regulate these types of events.

In 2005, state lawmakers voted to strip oversight powers from the nonpartisan State Ethics and Campaign Disclosure Board and task the House and Senate Ethics Committees with oversight responsibilities.  Since then, the number of reported filings have gone down, as has the reported amount of money spent at lobbying events.

I called Mason today with more questions and learned that Iowa CCI filed the complaint with the secretary of the Iowa Senate and the chief clerk of the Iowa House. According to Mason, the Iowa House and Senate Ethics Committees cannot investigate this kind of disclosure violation in the absence of a complaint filed by a third party.

The trouble is, no third party would typically be in a position to set this process in motion. If not for Burt’s bad judgment and bad luck, the public would never have known that the Iowa Pharmacy Association wined and dined policy-makers in February. Iowa CCI has been comparing the disclosure reports filed against the social calendar for legislators from the 2009 session, but Mason told me that not all details about entertainment offered to state legislators are available to the public. Some industry groups provide free travel, food or drinks to lawmakers when the legislature is out of session.

More disturbing, no one on the House or Senate Ethics Committees seems to be taking responsibility for enforcing the disclosure rules. In April, Senate Ethics Committee Vice Chairman Dick Dearden admitted that no one checks the reception disclosures against the legislators’ social calendar. The Des Moines Register reported at the time that Dearden “does not recall any organization ever being punished for not filing reception disclosures properly.”

Legislators should stop pretending to care about money in politics and start addressing real problems with our current system of campaign finance and lobbying. A good start would be to give oversight powers back to the State Ethics and Campaign Disclosure Board.

I’ve posted Iowa CCI’s full press release after the jump.

UPDATE: Forgot to link to Jason Hancock’s piece on this subject at Iowa Independent.

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David Bossie's unethical pitch to small donors

Last month I was on the receiving end of a push-poll/fundraising call from Newt Gingrich’s organization, American Solutions. Mark Blumenthal of Pollster.com read my post and said it “sounds like a clear cut example of fundraising under the guise of a survey (‘FRUGGing’)”. The Marketing Research Association considers FRUGGing unethical, because

The use of a poll to conduct fund raising has raised the distrust of the public to a point where they refuse to cooperate with researchers trying to obtain the opinions of any number of issues, including political campaign, and government: federal, state and local research. In a country inundated with telemarketing and direct mail fund raising it is more and more difficult for marketing and opinion researchers to get accurate data.

Although I declined to give Newt’s group any money, I must look like a sucker for conservative groups peddling fake surveys. On Wednesday, May 20, the phone rang around 8:25 pm and the caller asked for me by name. She worked for Infocision (the same company that made the calls for Gingrich’s group), and she asked whether I would participate in a brief survey for David Bossie’s group Citizens United.

As I always do when I receive any political call, I grabbed a pen and paper to take notes. More details are after the jump. You be the judge of whether Bossie’s group is also FRUGGing.

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Fallons blast "sham" hearing on ethics complaint

Last week the Iowa Senate Ethics Committee voted unanimously to dismiss Ed and Lynn Fallon’s complaint against State Senator Merlin Bartz, who used his official  website to promote this petition last month. The petition sought to pressure Iowa’s county recorders to refuse to issue marriage licenses to same-sex couples. The Fallons contended that Bartz failed to comply with the Senate Code of Ethics, which requires legislators to “encourage respect for the law.” They also questioned whether taxpayer money was used to support the website where Bartz promoted the petition drive and urged volunteers to send copies of their signature lists to the Iowa Family Policy Center.

The Senate Ethics Committee concluded after a few minutes’ discussion that Bartz was exercising his free speech rights.

On May 18, I’M for Iowa released a statement depicting the hearing as a “sham.” Contrary to the Iowa Senate Code of Ethics, the Senate Ethics Committee failed to inform the Fallons of the date and time of the hearing in advance. The committee also did not consider the specific questions raised in the Fallons’ complaint. I’ve posted I’M for Iowa’s statement after the jump.

It seems clear that two political realities derailed any serious inquiry into the complaint against Bartz. First, Bartz is an insider, and the complainants are outsiders. (Heck, Ed Fallon was an outsider even when he was serving in the state legislature.) Earlier this year, the Iowa House Ethics Committee dismissed with prejudice a complaint Iowa Citizens for Community Improvement filed against State Representative Dolores Mertz without seriously considering many of the issues raised by the group.

I would put very low odds on any ethics complaint filed by any citizen action group leading to disciplinary action against a state representative or senator. (Please correct me if you know of any counter-examples.)

Second, I suspect that Senate Democrats have no interest in making a martyr out of Bartz. Opponents of marriage equality are desperate to show that their rights are threatened by same-sex marriages. We don’t need Bartz to be purportedly “punished for speaking his mind” (even though that wasn’t the point of the Fallons’ complaint). Look what the National Organization for Marriage has done to make Miss California USA seem like a victim of “gay marriage activists”.

Bartz hasn’t prevented any same-sex marriages from taking place, but he has secured a reputation as the most aggressive defender of “traditional marriage” in the Iowa Senate Republican caucus. He has also helped the Iowa Family Policy Center generate lots of new leads for their next membership drive.

I’ll be interested to see whether Senate Republicans seek to replace their current leader, Paul McKinley, with Bartz next year. McKinley’s actions on the marriage front have been found wanting by some Iowa conservatives and anti-gay activists.

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What's the best way to buy influence at the statehouse? (w/poll)

A story in the Sunday Des Moines Register got me thinking about how money affects what happens and doesn’t happen in the Iowa House and Senate. The gist of the article is that many interest groups are providing free food and drink to legislators without properly disclosing how much they spend on these events.

State officials concede the disclosure law is not enforced. Senate Ethics Committee Vice Chairman Dick Dearden, D-Des Moines, said he does not recall any organization ever being punished for not filing reception disclosures properly.

“I don’t know if anyone ever checks them,” Dearden said. […]

Filings from groups that complied with the law show interest groups have spent $187,000 this year to arrange at least 66 events. That is about 4 percent less than was spent during last year’s legislative session and 15 percent less than in 2007.

Reported spending on the legislative parties peaked at $264,000 in 2005, when the Iowa Ethics and Campaign Disclosure Board oversaw the disclosures.

Enforcement has since shifted to the House and Senate ethics committees, and reported spending has declined each year since. […]

Tracking exactly which or how many organizations filed their reports properly is difficult because there is no master list of receptions and no state officials are charged with verifying the filings.

[Charlie] Smithson [executive director of the Ethics and Campaign Disclosure Board] said groups were never punished for failing to file when his board oversaw the disclosures, but his staff reviewed the Legislature’s social calendar regularly and reminded groups to send proper documents.

It’s not encouraging to learn that no one is enforcing our disclosure rules. I know legislative receptions are probably not the most important way to buy political influence, but someone should be making groups comply with the rules.

After the jump I briefly examine a few of the ways an interest group with an agenda and a pile of cash could use that money. There’s also a poll at the end–please vote!

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Chris Coleman should have recused himself from Beaverdale tax vote

Last weekend I wrote that Des Moines City Council member Chris Coleman should have disclosed his business relationship with Ed Boesen before voting to approve an urban renewal district encompassing part of Beaverdale. Boesen was an investor in a development project for Rice field, which could qualify for tax breaks because of the urban renewal area.

Coleman initially said he saw no need to disclose his business relationship with Boesen, because the “CoBo” partnership had supposedly ended years ago.

But in an interview with the Des Moines Register, Coleman now says Boesen owed him $20,000 at the time of the key City Council votes:

Coleman today acknowledged Boesen owed him money even as the councilman voted three times in 2007 in support of Boesen’s Rice Development Partners $11.6 million Beaverdale project.

“I don’t think that the appearance of a conflict (of interests) means there is a conflict,” Coleman told the Register today. “It is two different things. I didn’t in any way feel that it was in any way tied to the Rice project.”

Coleman also acknowledged to the Register that he had a second business relationship with Boesen, in addition to a partnership called CoBo Investments that was formed in 1998.

Coleman sold a Beaverdale home on 49th Street to a Boesen-managed company in January – two months after the final vote on Rice Development Partners’ project – for nearly twice the current assessed value of the property.

But Coleman said he did not receive all of his proceeds from the sale of the house on 49th Street or from the 2005 duplex sale by CoBo Investments because Boesen did not fully pay him for either transaction.

Let me spell out to Coleman why there was a conflict of interest. If someone owes you money, you might have an interest in helping that person make a profit on some other project, because that might increase the chance that you’d get paid back.

In addition, it looks very bad for Boesen to be buying property from a City Council member shortly after the Beaverdale votes, especially for twice the assessed value of that property.

The fact that Coleman never received the full proceeds from the house sale makes no difference. Presumably he was expecting to receive that money.

This situation warrants further investigation.

Boesen’s death last month has been ruled a suicide. Several creditors are suing his estate. It is not clear whether his business partners will be able to go ahead with the Rice field project.

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New Obama Ad Touts Reform Efforts

On Iowa’s airwaves you’ll start seeing a new TV ad titled “Take It Back” touting reform efforts his campaign has taken to get rid of the influence of Washington lobbyists and PACs by not accepting donations from them to his campaign as well as highlight his work in the Senate on ethics reform efforts.  For some reason, I can’t find a version of the ad that I can embed here on Bleeding Heartland, but you can view the ad by clicking here.

It is a good ad that follows on the same theme/guidelines established in his first two biographical ads that went up on the air in Iowa, as in they help to keep telling the “Barack Obama story.”

What interests me about this ad is the highlighting of ethics and campaign finance issues as the primary focus in what is Obama’s first true issue ad in Iowa.  Will the issues really resonate with Iowans at this point?  I’m not sure.

Ethics and government reform were major Democratic campaign platforms in 2006 and were even considered to be one of the deciding issues in 2006 (right behind the catch-all issue of Iraq).  But now with House passing really comprehensive lobbying reform legislation (that will likely be passed in the Senate as is and sent to the President’s desk) it seems like Democrats are already taking big efforts to fully push through reform.

Maybe I’m just naive or way to focused on other issues like Iraq but to me the clean campaign Obama is running just makes logical sense and should be what all the campaigns are doing, and then other issues should become the real focus.

Either way, it is just a TV ad, and a good one.

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