# Iowa ABI



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

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

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

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

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Waterloo's "ban the box" ordinance survives in part—for now

The Iowa Supreme Court ruled on June 18 that part of the city of Waterloo’s “ban the box” ordinance can remain in effect despite a 2017 law prohibiting local governments from regulating “terms or conditions of employment.”

The city adopted the ordinance in November 2019 to address economic racial disparities. Because African Americans are more likely to have a criminal record, they are adversely affected by job applications that require a person to note whether they have ever been arrested or convicted of a crime.

Under Waterloo’s ordinance, employers may not inquire about past convictions, arrests, or pending criminal charges “during the application process,” but may do so after extending “a conditional offer of employment.” The court found that was allowed, because it regulates only “the time when an employer can inquire into a prospective employee’s criminal history,” which is not “a term or condition of employment.”

However, the Iowa Supreme Court held that state law preempts other portions of Waterloo’s ordinance, which prohibit employers from making an “adverse hiring decision” based on an applicant’s criminal history.

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Where things stand with Republican bills targeting Iowa workers

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

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

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MidAmerican's bid to crush small solar creates strange lobbying bedfellows

MidAmerican Energy’s effort to crush small-scale solar generation made it through the Iowa legislature’s first “funnel” and will be eligible for floor debate in both chambers. The House Commerce Committee on March 4 approved House Study Bill 185 (now renamed House File 669) without amendment on a party-line 12 to 10 vote. The Senate Commerce Committee amended the companion Senate Study Bill 1201 before advancing it on March 7.

The bill will likely pass the upper chamber, where Republicans have a 32 to 17 majority. Although Republicans outnumber Democrats by 54 to 46 in the House, and MidAmerican’s political action committee donated to dozens of incumbents’ campaigns last year, getting the solar bill through the lower chamber will be no easy task. A utility-backed bill to undercut energy efficiency programs was one of the heaviest lifts during the 2018 session. Only after several concessions did supporters cobble together 52 Republican votes in the House. The GOP held 59 seats at that time.

More than three dozen corporations, industry groups, or advocacy organizations have lobbyists registered for or against MidAmerican’s solar bill. While it’s not unusual for a high-profile bill to draw that kind of attention, the two camps seeking to persuade legislators on this issue reflect alliances rarely seen at the statehouse.

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A rare victory for Iowa water quality

Following a public outcry, the Iowa Department of Natural Resources has abandoned an effort to weaken the state’s E. coli water quality standards.

Officials had designed the change with the explicit goal of reducing the number of Iowa waterways deemed impaired. Environmental advocates had warned public health would suffer if the DNR assessed waterways based on average readings of E. coli levels, rather than the highest single measurement of the bacteria.

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Peter Cownie won't say who suggested worst workers' comp proposals

The Iowa House has already approved and the Senate will consider today the most sweeping changes to our workers’ compensation system in decades. The legislation would disadvantage injured workers in many ways. Three points in the initial Republican proposal have drawn the most intense criticism from employee advocates who spoke to journalists, published commentaries, testified at a public hearing, or reached out directly to state lawmakers:

• Shifting the burden of proof by forcing employees filing a claim to show workplace activity was the “predominant” factor in an injury;

• Cutting off benefits for most injuries at age 67, which would discriminate against older workers; and

• Classifying shoulder injuries as “scheduled member” rather than “body as a whole” injuries, language seen as a gift to meatpacking companies because it would “drastically” reduce benefits.

Those provisions were so widely acknowledged to be unjust that Republicans amended them before passing House File 518. GOP State Senator Charles Schneider has said he and other colleagues favor changing the same three sections of the Senate version.

How did such cruel ideas come before the legislature to begin with? Hoping to find out, I turned to State Representative Peter Cownie, who introduced the workers’ compensation bill in his capacity as House Commerce Committee chair.

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Key Iowa Senate Republican: "Loser pays" bill going nowhere

A Republican bill that would have made Iowa courts far less accessible to ordinary people will die in an Iowa Senate subcommittee, GOP State Senator Charles Schneider told Bleeding Heartland on February 25. Bill Brauch, former director of the Consumer Protection Division in the Iowa Attorney General’s Office, explained here how the so-called “loser pays” bill “would in effect kill Iowa’s private consumer fraud law, and just about eliminate any other type of legal action by an individual against a defendant with money.”

Senate Judiciary Committee Chair Brad Zaun introduced Senate Study Bill 1008 during the first week of the legislative session, then assigned it to a subcommittee chaired by Schneider. Following a February 25 public forum in Clive, I asked Schneider about that bill’s status. He replied, “I don’t think it’s going anywhere. I haven’t held a subcommittee meeting for it, and I’m not planning to.”

I mentioned that Senate Majority Leader Bill Dix had named “loser pays” as one of his top four priorities in an interview with Radio Iowa. Schneider responded, “I’m not planning to hold a subcommittee meeting on it. I don’t think any other tort reform bills include a ‘loser pays’ section in them.”

Under Iowa legislative rules, most non-appropriations bills will be dead for the year if they have not cleared at least one Iowa House or Senate committee by the first “funnel,” coming up on Friday, March 3. The leaders of subcommittees and committees have discretion on what bills to bring up for a vote.

I’m pleasantly surprised to learn Senate Study Bill 1008 will go down without a fight. Only a month and a half ago, Dix cited a “measure that ensures losers in those court cases pay for the cost associated with the case” as one of “four bills that I believe define us and give Iowans a clear indication of where we plan to go with policies for our state.” The Iowa Association of Business and Industry, a lobby group with substantial influence among statehouse Republicans, registered in favor of this bill almost immediately. Perhaps Schneider, who practices law as a day job, was able to convince non-attorneys Dix and Zaun that “loser pays” is unnecessary and unfair. Or perhaps Zaun miscalculated by putting Schneider in charge of this subcommittee.

Whatever caused this bill’s demise, any bit of good news from this dreadful legislative session is worth celebrating.

UPDATE: Reader Marian Kuper noticed that Senate Study Bill 1144 contains a “loser pays” clause for nuisance lawsuits against large livestock farms. Senate Agriculture Committee Chair Dan Zumbach proposed that bill, which contains several provisions designed to shield confined animal feeding operations (CAFOs) from lawsuits. It has passed a subcommittee and appears likely to survive the funnel, with support from several Big Ag lobby groups.

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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"The View from Nowhere" in Iowa legislative news coverage

When politicians lie, opponents often echo longtime Senator Daniel Patrick Moynihan’s famous words: You’re entitled to your opinion, but you’re not entitled to your own facts.

Politicians can get away with deception, however, when journalists present conflicting facts as opposing viewpoints in a “he said/she said” frame. So it was when Governor Terry Branstad recently touted phony job creation numbers, and reputable Iowa journalists hid behind “critics say” rather than acknowledging reality: no serious economist would recognize those statistics.

And so it was when the Des Moines Register again covered the Iowa Department of Revenue’s unprecedented attempt to rewrite tax code through the rule-making process. Statehouse reporter Brianne Pfannenstiel’s attention to the topic is welcome. The rule change has been an under-reported Iowa politics story this fall, even though it could have a huge impact on the state budget in coming years. Unfortunately, as was the case in earlier articles for the Register on the same controversy, Pfannenstiel avoided stating some important truths about the Branstad administration’s efforts, attributing such observations to “others” including “Democratic lawmakers.”

The journalist’s reflex to appear impartial by presenting factual statements as partisan opinions is part of what media critic Jay Rosen has called the View from Nowhere.

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Thoughts on Terry Branstad's longevity and legacy

Terry Branstad front photo photo_front_gov_zpsobbhiahu.png

December 14 marked 7,642 days that Terry Branstad has been governor of Iowa, making him the longest-serving governor in U.S. history, according to Eric Ostermeier of the Smart Politics website. Because most states have term limits for governors, “The odds of anyone passing [Branstad] in the 21st Century are next to none,” Ostermeier told Catherine Lucey of the Associated Press.

Speaking about his legacy, Branstad has emphasized the diversification of Iowa’s economy, even though a governor has far less influence over such trends than Branstad seems to believe. Some have cited “fiscal conservatism” as a hallmark of Branstad’s leadership. I strongly disagree. The man who has been governor for nearly half of my lifetime is stingy about spending money on education and some other critical public services. He opposes bonding initiatives commonly used in other states to fund infrastructure projects (“you don’t borrow your way to prosperity”). But he is happy to provide tens of millions or hundreds of millions of dollars in tax breaks to corporations that don’t need the help, without any regard for the future impact of those tax expenditures on the state budget. Many of Iowa’s “giveaways” in the name of economic development will never pay for themselves.

Branstad’s governing style has changed Iowa in important ways. He has altered Iowans’ expectations for their governor. He has expanded executive power at the expense of both the legislative branch and local governments. And particularly during the last five years, he has given corporate interests and business leaders more control over state policy. More thoughts on those points are after the jump, along with excerpts from some of the many profiles and interviews published as today’s landmark approached.

P.S.- Speaking of Branstad doing what business elites want him to do, Iowa Public Television’s “Governor Branstad: Behind the Scenes” program, which aired on December 11, included a telling snippet that I’ve transcribed below. During a brief chat at the Iowa State Fair, Iowa Board of Regents President Bruce Rastetter asked Branstad to call Bruce Harreld, at that time one of the candidates to be president of the University of Iowa. That Rastetter asked Branstad to reassure Harreld was first reported right after the Board of Regents hired the new president, but I didn’t know they had the conversation in public near a television camera.

P.P.S.-Now that Branstad has made the history books, I remain convinced that he will not serve out his sixth term. Sometime between November 2016 and July 2017, he will resign in order to allow Lieutenant Governor Kim Reynolds to run for governor in 2018 as the incumbent. Although Branstad clearly loves his job, he is highly motivated to make Reynolds the next governor. She lacks a strong base of support in the Republican Party, because she was relatively inexperienced and largely unknown when tapped to be Branstad’s running mate in 2010. Even assuming she is the incumbent, Reynolds strikes me as more likely to lose than to win a statewide gubernatorial primary. Remaining in Branstad’s shadow would give Reynolds little chance of topping a field that will probably include Cedar Rapids Mayor Ron Corbett and Iowa Secretary of Agriculture Bill Northey.

P.P.S.S.-I will always believe Branstad could have been beaten in 1990, if Democrats had nominated a stronger candidate than Don Avenson. Attorney General Tom Miller lost that three-way primary for one reason only: he was against abortion rights. Miller later changed that stance but never again ran for higher office.

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Preview of an Iowa House district 7 rematch: Tedd Gassman vs Dave Grussing

Democrat Dave Grussing announced earlier this month that he will challenge two-term Republican State Representative Tedd Gassman again in Iowa House district 7, which covers Emmet and Winnebago counties plus half of Kossuth County on Iowa’s northern border. A detailed district map is below, along with background on both candidates. Grussing’s campaign is on the web at Grussing for Iowa House and on Facebook here. His key campaign issues include job creation for rural Iowa, more funding for K-12 schools and community colleges, “encouraging veterans and military retirees to locate in Iowa,” and raising the minimum wage. Grussing has also expressed concern about Governor Terry Branstad’s unilateral decision to close two in-patient mental health institutions and privatize Medicaid.

House district 7 has been one of the most competitive state legislative districts in recent election cycles. Democrat John Wittneben defeated Republican Lannie Miller in an open-seat race by just 32 votes in 2010. That campaign likely would have ended differently if Iowa Republican leaders and key GOP-leaning interest groups such as the Iowa Farm Bureau Federation and the Iowa Association of Business and Industry had not left Miller behind. Redistricting following the 2010 census made House district less friendly territory for a Democrat, and Wittneben lost his 2012 re-election bid to Gassman by just 44 votes.

House district 7 leans Republican, with 5,269 active registered Democrats, 6,323 Republicans, and 8,307 no-party voters, according to the latest figures from the Iowa Secretary of State’s office. Voters living in the district supported Mitt Romney over Barack Obama by 51.82 percent to 46.97 percent in 2012 and favored Joni Ernst over Bruce Braley in last year’s U.S. Senate race by 55.71 percent to 38.56 percent, nearly double Ernst’s statewide margin of victory. Grussing’s challenge to Gassman was one of seven Iowa House races the progressive group Democracy for America targeted last cycle, probably because of Gassman’s narrow win in 2012. But Gassman easily won by more than 1,700 votes.

Even in a presidential election year, when more Democrats turn out to vote, Grussing will need to outperform the incumbent substantially among independents and win some crossover Republican votes. That’s not an insurmountable task for a hard-working candidate, though. Especially since Gassman promised during the 2014 campaign to “support education at all levels,” saying “his first priority would be to approve a supplemental state aid bill for K-12 education.” Although Gassman served as vice chair of the House Education Committee during the 2015 legislative session, to my knowledge he did not speak out for investing more in education as Republican House leaders refused for months to compromise on school funding. Nor did I hear of him criticizing Branstad’s decision to strike nearly $65 million in K-12, community college, and state university funding from the supplemental spending bill lawmakers approved. Gassman certainly didn’t try to override Branstad’s vetoes. Grussing should remind voters frequently that their elected representative stood by while the governor blew a hole in the budgets of K-12 school districts and Iowa Lakes Community College in Emmetsburg.

In addition, for lack of a more tactful way to say this, Gassman is kind of weird. He has often put himself way outside the mainstream, even in his own party. For instance, during an Iowa House subcommittee hearing to consider his 2013 bill to end no-fault divorce for couples with children under age 18, Gassman speculated that his daughter and son-in-law’s divorce put his 16-year-old granddaughter at risk of becoming “more promiscuous.” Only six of his fellow Iowa House Republicans co-sponsored that no-fault divorce bill. The same year, Gassman was among just ten GOP state representatives to co-sponsor a bill that would have banned county recorders from issuing marriage licenses to same-sex couples “until such time as an amendment to the Constitution of the State of Iowa defining marriage as the legal union of one man and one woman is submitted to the electorate for ratification.” The bill was clearly unconstitutional and would have created a circus like what Kentucky experienced this summer, thanks to rogue county clerk Kim Davis.

Gassman’s not a strong fundraiser, although his campaign disclosure reports for 2013 and 2014 (see here, here, and here) show that he receives a fair amount of “free money” from political action committees that give the same amount to dozens of state lawmakers. During the 2014 campaign, Grussing benefited from a number of labor union PAC donations, which will likely come through again if he can demonstrate he is running an active campaign.

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Weekend open thread: Numbers games

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

Congratulations to Hawkeyes and commiserations to Cyclones over the outcome of yesterday’s big game. Not being a football fan, I can’t remember how many years it’s been since I watched Iowa play Iowa State. The last time I focused on the Cy-Hawk game was in 2013, when Iowa running back Mark Weisman’s decision to play on Yom Kippur (the most important Jewish holiday) was a big topic of conversation for central Iowa Jews.

The hoopla surrounding yesterday’s game reminded me of a good commentary by “Civic Skinny” in the Des Moines-based weekly Cityview last month. Skinny called attention to how rapidly athletic budgets have grown at Iowa and Iowa State in recent years, and how the athletic departments “continue to find ways to spend” the extra money, “without shipping any to the libraries or the English departments or any other academic endeavors at the two big universities.” I would bet few Iowans know that for many years, Iowa and Iowa State “regularly subsidized the athletic departments with money from the general fund.” I recommend clicking through for all the data in the original piece; excerpts are after the jump.

For two days, the Des Moines Register reported the Des Moines School Board District 1 race as “too close to call,” but Shane Schulte finally conceded to Heather Anderson on Friday. Schulte had earlier indicated plans to seek a recount, but truthfully, the race was never too close to call. When all the precincts reported on election night, Anderson led by 36 votes out of a little more than 2,500 ballots cast. The next day, her lead in unofficial returns grew to 46 votes. That’s a close election, but not close enough for a recount to have a realistic prospect of changing the outcome. Recounts of two Iowa Senate races in 2010 did not overturn Mark Chelgren’s twelve-vote lead out of more than 19,000 ballots cast or Tod Bowman’s 70-vote lead out of nearly 20,000 ballots cast. Two years later, Republican leads of fewer than two dozen votes in Chris Hagenow’s Iowa House race and Mike Breitbach’s Iowa Senate race both held up after recounts of roughly 17,500 ballots and 30,000 ballots, respectively.

Ever since the Affordable Care Act became law in 2010, conservative pundits and Republican politicians have predicted that “Obamacare” would force many businesses to drop health insurance coverage for their employees. This week, the Des Moines Register’s Tony Leys covered the latest data on employer-provided insurance in Iowa. The Clive-based David P. Lind Benchmark research firm surveyed 1,001 employers and found that only 1 percent (mostly “companies with fewer than 10 employees”) stopped offering health insurance coverage this year. The cost of insuring employees in 2015 increased by an average of 7.7 percent, up from the 6.8 percent increase in 2014 but “significantly lower” than typical price hikes “Iowa employers faced a decade or more ago.” Michael Ralston, who leads the Iowa Association of Business and Industry, told Leys “he heard more complaints about insurance costs years ago, when employers’ health insurance prices were rising at more than double the current clip. He still hears grumbling about the complex requirements of the Affordable Care Act, but not as often as in the years after it passed in 2010.” Scroll to the end of this post for more excerpts from Leys’s report.  

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Lawmaker seeking longer public comment period on Iowa water quality policy

State Representative Chuck Isenhart has formally asked Iowa Department of Natural Resources Director Chuck Gipp and Iowa Secretary of Agriculture Bill Northey to extend the public comment period on Iowa’s latest water quality policy. Shortly before Thanksgiving, officials revealed a draft strategy “to assess and reduce nutrients delivered to Iowa waterways and the Gulf of Mexico.” The 45-day public comment period falls mostly during the holiday season.

Isenhart, the ranking Democrat on the Iowa House Environmental Protection Committee, pointed out that a 30-day extension of the comment period would allow for feedback from the Watershed Planning Advisory Council and from relevant Iowa House and Senate committees. The legislature’s 2013 session will open on January 14, ten days after the current public comment period expires.

Isenhart also suggested that an extension would be fair to stakeholder groups and members of the public who didn’t have the “privilege” of reading the draft nutrient strategy before last week. Stakeholders whose leaders got a “head start” on reviewing the policy before the official roll-out include agricultural commodity groups, the Iowa Farm Bureau Federation, the Iowa League of Cities, the Iowa Association of Business and Industry, and the Iowa Waste Water Association.

The full text of Isenhart’s letter is below. Last month Gipp denied a request to extend public comments on a complex air quality permit linked to a large fertilizer plant construction project.

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Key business group endorses handful of targeted Iowa Democrats

The Iowa Association of Business and Industry’s political arm, the Iowa Industry PAC, released its first round of state legislative endorsements today. According to the PAC’s chairman Kirk Tyler, these “Friends of Iowa Business” have “demonstrated a commitment to improve Iowa’s business climate so that employers can create more jobs and grow the economy.”

During legislative sessions, the Iowa ABI often appears to act as a proxy for the Republican Party of Iowa, so I wasn’t surprised to see that most of Iowa Industry PAC’s favored candidates are Republican incumbents and challengers. But look who else made the list of “Friends of Iowa Business”: Democratic State Representatives McKinley Bailey, Brian Quirk, Doris Kelley, Dave Jacoby, Geri Huser, Larry Marek, and Mike Reasoner, and Democratic State Senators Rich Olive, Wally Horn and Matt McCoy.

Bailey, Quirk, Kelley, Huser and Marek were members of the “six-pack” that blocked passage of a prevailing wage bill in 2009. (The sixth Democrat who refused to support that bill was Dolores Mertz; she is retiring.) Jacoby spoke out against a union-backed “fair share” bill during the 2010 session. Reasoner serves on the House Commerce Committee and was able to keep a payday lending bill stuck in subcommittee during this year’s session.

A few of the Iowa Industry PAC’s endorsements mean little of consequence. Geri Huser and Brian Quirk represent safe Democratic districts, as does Dave Jacoby, whose only opponent is a Libertarian. Horn doesn’t have a Republican opponent either, and McCoy’s GOP challenger is an anti-abortion extremist.

On the other hand, some of the endorsed Democrats are among the GOP’s top targets. First-termer Marek represents the difficult southeast Iowa terrain of House district 89. He squeaked by in 2008 and faces the same opponent for a second time this year, without Barack Obama’s coat-tails.

Republicans also have a registration advantage in House district 9 in north-central Iowa, which Bailey has represented for two terms. The ABI PAC endorsement in this race is even more striking because Bailey’s opponent is Republican heavyweight Stew Iverson, a former Iowa Senate majority leader.

Kelley has represented House district 20 in Waterloo for two terms. Her challenger, Walt Rogers, came within a couple dozen votes of unseating State Senator Jeff Danielson in 2008. This district has a few hundred more registered Republicans than Democrats.

Reasoner is a four-term incumbent from House district 95 in southern Iowa, where Republicans have a registration advantage of nearly 800.

Olive represents Iverson’s old turf, Senate district 5. After Iverson retired in 2006, Olive won this seat by only 62 votes. The GOP has a registration advantage here and desperately needs this district to get back on track toward winning a majority in the Iowa Senate, perhaps in 2012 or 2014.

GOP leaders talk optimistically about winning the Iowa House this year, but that can’t happen unless they beat Marek, Bailey, Kelley, and Reasoner, or at least three out of those four. Republican blogger Craig Robinson discussed the path to taking back the House here.

Share any thoughts about the business lobby or Iowa legislative races in this thread.

UPDATE: John Deeth goes over some of the conspicuous Republican names omitted from the Iowa Industry PAC endorsement list:

Indeed, the only GOP challenger on the House side I see with an ABI endorsement is Dan Rasmussen, making a comeback attempt against Gene Ficken, who knocked him off in 2008. There’s big omissions, starting with Steve Burgmeier, who narrowly lost last year’s Fairfield special to Curt Hanson in House 90. Also forgotten: Guy Vander Linden over Democrat Eric Palmer, in the Oskaloosa-Grinnell seat that’s been hot the last few cycles, and Mark Lofgren in Muscatine’s House 80, challenging Nate Reichert.

So does this mean Republicans are trying to take the House on open seats? Or is ABI, by endorsing the Five Pack, hedging its bets? In either case, the open seat targets include the Sioux City races, Mary Ann Hanusa in Turncoat Doug Struyk’s old turf, and Ross Paustian in Elesha Gayman’s House 84.

And in Waterloo, former mayor John Rooff gets no love in House 21, with a no endorsement over Democrat Anesa Kajtazovic in the open Kerry Burt seat.

Mathematically, the Republicans can’t take back the House on open seats alone. They have to beat at least a few sitting House Democrats.

A thought just occurred to me: Iverson reportedly has close ties to Iowans for Tax Relief, and that outfit ran Burgmeier’s campaign in last year’s House district 90 special election. So maybe some behind the scenes rivalry between ABI and Iowans for Tax Relief is playing out here.

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