# Jack Whitver



Iowans left in the dark on Senate GOP sexual harassment investigation

Iowa Senate Republican leaders have never acknowledged that Kirsten Anderson faced sexual harassment, discrimination, and retaliation while working for the Senate GOP caucus.

They have stuck to the unconvincing story that Anderson lost her job (hours after she had submitted a written complaint about a hostile work environment) solely because of her writing skills.

They didn’t allow an independent investigation of the allegations Anderson raised in a lawsuit, which a Polk County jury unanimously found credible.

They aren’t releasing any findings from an internal investigation of those allegations.

They have ensured that the legislature’s new human resources director will report to Republican political appointees.

Yet they want us to take their word for it that harassment at the statehouse will not be tolerated.

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Iowa Senate Republicans hold no one accountable for sexual harassment case

Iowa Senate Republicans voted last Friday to make no changes in the caucus’s staff or leadership, following a sexual harassment lawsuit that led to a $2.2 million verdict against the state. Instead, Secretary of the Senate Charlie Smithson will internally review allegations that came to light through Kirsten Anderson’s lawsuit, with the chamber’s number two Republican, Senate President Jack Whitver, “overseeing the investigation.”

Senate Majority Leader Bill Dix has claimed repeatedly that any problems relating to a hostile work environment were resolved soon after he took charge of the Senate GOP caucus in late 2012. But court testimony indicated that neither senators nor top Republican staffers ever asked others employed by the caucus whether they had observed sexual harassment or other offensive workplace conduct. Although Dix admitted hearing about matters “I was not aware of” during the trial, he still insists Anderson was fired in May 2013 solely because of her work product. Meanwhile, the current Iowa Senate Republican communications staffers occupy themselves with who-knows-what, as opposed to keeping the website and social media feeds current.

Dix confirmed that Republicans will not cover the costs of any payout to Anderson, opting to let taxpayers foot the bill for the lack of professionalism that persisted for years.

Republicans’ failure to hold anyone accountable for this debacle underscores the need for independent consultants to take a hard look at what happened in the Senate GOP caucus and how to fix the work environment. Anderson has asked a Polk County District Court to make that happen.

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Six hints Iowa Senate Republicans didn't fire Kirsten Anderson over work product

Iowa taxpayers are on the hook for $2.2 million dollars after former Senate Republican communications director Kirsten Anderson won a huge sexual harassment lawsuit last week.

If Senate Republican leaders had any sense of accountability, they would resign, or at least offer to raise money to cover the cost of the verdict, so the general fund doesn’t take another hit while the state budget is in terrible shape.

But Majority Leader Bill Dix refuses to admit any wrongdoing by his colleagues or his staff. He is sticking to his story: “Kirsten Anderson was terminated for her work product and for no other reason.” Dix’s top aide Ed Failor, Jr. has been saying the same thing for years.

The jury didn’t buy the official line, and you shouldn’t either.

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Adam Gregg will "operate" but not "hold" office of lieutenant governor

Seeking to avoid a lawsuit, Governor Kim Reynolds has picked State Public Defender Adam Gregg as her lieutenant governor to “serve in an acting capacity, fulfilling all duties of the lieutenant governor’s office through the January 2019 inauguration.”

Attorney General Tom Miller issued a formal opinion this month stating that Reynolds will not have the authority to name a new lieutenant governor. Reynolds and many other Republicans attacked Miller for what they called a “partisan” decision, but apparently the new governor doesn’t want to roll the dice on how the Iowa Supreme Court would resolve this question.

Instead, Gregg will have the title of lieutenant governor and the salary associated with the position. According to the governor’s Deputy Chief of Staff Tim Albrecht, “Gregg will ‘operate’ the office of lieutenant governor, but not actually ‘hold’ that office.”

The Reynolds administration acknowledges that Gregg will have no place in the line of succession. Under Article IV, Section 19 of the Iowa Constitution, if there is a vacancy in the governor’s office and the lieutenant governor becomes “incapable of performing the duties pertaining to the office of governor,” the Iowa Senate president “shall act as governor,” with the Iowa House speaker next in line to hold those powers.

I sought comment from Miller and others on whether the state constitution allows someone someone to hold the title of lieutenant governor while serving “in an acting capacity.” (The constitution does not discuss that concept, as far as I can tell.) Miller will hold a press conference later this morning, after which I will update this post. Gary Dickey, who researched these questions as legal counsel for Governor Tom Vilsack in 2004, said via e-mail today, “I know of no limitation on giving titles to employees of the office. Whether they want to call him Lieutenant, vice, or deputy means little so long as he does not attempt assume the constitutional right of succession in the event that Governor Reynolds can no longer serve.” Dickey later told the Associated Press, “As a matter of law, he’s just another staff member of the office, […] It’s a positive sign that she recognizes there are constitutional limitations to the office. I’m not sure that’s always been the case for the last six years.”

Today’s news release and background on Gregg are after the jump.

UPDATE: Miller told reporters today that the “fundamental question” in his formal opinion was related to succession questions. He said he’s “pleased” Reynolds took action today “that would not alter the succession provision,” complying with his opinion on the key constitutional question. He added that the governor can designate anyone she wants to perform certain roles on her behalf. Miller noted, “The one question that remains is the title, acting lieutenant governor. It’s a new position. It’s not a constitutional provision or position,” and it’s not part of the constitutional framework. His staff will do further research on that position. “The key fundamental question here” is who succeeds and Reynolds “complied fully” with his opinion about the Iowa Constitution. Asked whether Reynolds had ruled out any legal challenge, Miller replied that he wouldn’t “I wouldn’t go that far” to make such a “broad statement.” But making clear that Gregg is outside the line of succession “dramatically” changes the landscape for such a lawsuit.

As he said on May 1, Miller said he supports amending the state constitution to allow a lieutenant governor who assumes the governor’s office to appoint a new lieutenant governor.

Miller confirmed that no one on Reynolds’s staff consulted him about their plans. He said the governor’s senior legal counsel Ryan Koopmans called the Attorney General’s office around 9:30 this morning to inform them about the decision.

Asked to comment on Republican Party of Iowa Chair Jeff Kaufmann calling his opinion a “ridiculous partisan stunt,” the attorney general repeated that he was persuaded by the weight of the evidence, including “overwhelming” case law from other states.

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Iowa attorney general: Kim Reynolds can't appoint new lieutenant governor

Iowa Attorney General Tom Miller announced today that he believes Lieutenant Governor Kim Reynolds will become the governor, and not merely “acting governor,” once Governor Terry Branstad resigns to become U.S. ambassador to China. However, in the same 23-page opinion (enclosed in full below), Miller determined that under Iowa’s constitution, Reynolds will not have the authority to appoint a new lieutenant governor once she is sworn in.

Reynolds has been vetting candidates to take her place for months, as staff in the governor’s office insisted she will have the right to appoint a new lieutenant governor. Miller’s office had indicated in December that the attorney general agreed with the Branstad administration’s view on the coming transfer of power, despite language in the Iowa Constitution stating that the governor’s powers “shall devolve upon the Lieutenant Governor” in the event of a vacancy, and calling for the Iowa Senate president to be next in line if the lieutenant governor proves incapable of “performing the duties pertaining to the office of governor.” At the time, Miller provided no legal analysis, but his office released a 1923 Iowa attorney general’s opinion, which you can read here.

Three months ago, independent State Senator David Johnson exercised his right to request a formal opinion from Miller on nine questions about the succession. He asked Miller to produce the opinion “on an expedited basis” and specifically asked him not to “simply rely on the precedent of a predecessor’s 1923 opinion.”

Staff in the Attorney General’s office, led by Solicitor General Jeffrey Thompson, conducted “extensive legal and historical research” before reaching the conclusions Miller characterized as a “split decision” during today’s press conference.

Miller noted the precedent for using the title of “governor” when previous Iowa lieutenant governors exercised the governor’s powers following a vacancy. He also noted that when vice presidents have assumed the presidency, we have called those men “president” rather than “acting president.”

Miller said five factors pointed toward the conclusion that Reynolds does not have the authority to appoint a new lieutenant governor. An important one for him was language in Article IV, Section 19 of the Iowa Constitution, which spells out the succession of power from the governor to the lieutenant governor to the president of the Senate. (I’ve enclosed that passage below.) A state constitutional amendment in 1988, which provided for the lieutenant governor to be elected on a ticket with the governor, did not change the wording about the line of succession. Furthermore, Miller found, the historical record shows “The framers [of Iowa’s constitution] intended that those in the gubernatorial line of succession be elected.”

Miller also pointed to historical practice when the U.S. Constitution’s succession language mirrored the current wording of Iowa’s constitution (saying the president’s powers “shall devolve on the Vice President”). Before the 25th Amendment to the U.S. Constitution was adopted in 1967, none of the eight vice presidents who became the head of state following the death of a sitting president attempted to appoint a new vice president for the remainder of the term.

Speaking to reporters today, Miller said that as a matter of policy, he supports the idea of the new governor having the power to appoint a new lieutenant governor. But he maintained the Iowa Constitution would have to be amended to provide for that process.

Asked what would happen if the governor’s office disagrees with his legal analysis, Miller said he expects them to follow his opinion and repeatedly expressed hope that they will do so. If Reynolds proceeds with appointing a new lieutenant governor, her action “may or may not be challenged” in court. Responding to a follow-up question, Miller clarified that the Attorney General’s Office would not file that lawsuit, repeating that he hopes Reynolds will not take that course.

I am seeking feedback from attorneys on whether an ordinary Iowa voter would have standing to go to court if Reynolds disregards Miller’s conclusions about what the constitution allows. Iowa Senate President Jack Whitver would clearly have standing, since a new lieutenant governor would take his place in the line of succession. But the loyal Republican Whitver certainly would not object.

Front-runners for the lieutenant governor spot in the Reynolds administration are rumored to include State Representative Zach Nunn and State Public Defender Adam Gregg.

UPDATE: Added early reaction from the governor’s office and other political figures below. Reynolds sounds intent on ignoring Miller’s opinion.

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Top Iowa Senate appropriator: No Water Works language in my spending bills

Iowa Senate Appropriations Committee Chair Charles Schneider has pledged not to include language dismantling the Des Moines Water Works in any spending bill this year.

Legislative action to transfer authority over the Des Moines Water Works from an independent board of trustees to area city councils was once seen as nearly a sure thing, thanks to strong support from the Iowa Farm Bureau. But Republican leaders never brought House File 484 up for debate before a legislative deadline in late March. The bill now sits on the “unfinished business” calendar, fueling speculation that it may rise from near-death before lawmakers adjourn for the year.

Governor Terry Branstad has been an outspoken critic of Des Moines Water Works leaders since the utility sued three northwest Iowa counties in 2015, demanding better enforcement of the Clean Water Act to reduce agricultural runoff. At the Waukee legislative forum on April 8, I asked Schneider about a rumor that Branstad has told House and Senate leaders to get the Water Works bill on his desk, and that such language may be attached to the “standings” bill in order to accomplish that end. The standings bill is typically among the last pieces of legislation considered each year and can become a grab bag of provisions power-brokers demand. Would Schneider commit not to add Water Works language to the standings bill or any other appropriations bill coming out of his committee?

Schneider: That’s the first I’ve heard of the standings rumor. It’s not going to go in my standings bill, and I’m not going to support a Water Works bill unless the Des Moines Water Works, West Des Moines Water Works, and Urbandale Water Works themselves–the utilities, not the cities, the utilities–tell me they would like to see some language in there to give them the ability to regionalize on their own.

Bleeding Heartland: So, you won’t put that in any appropriations bill.

Schneider: I’m not putting it in my standings bill.

Republican State Representative Rob Taylor responded to my question as well:

And I also sit on Appropriations on the House side now. I’m not the chair, but I wouldn’t support putting it in that standings bill either. I think that a bill with that kind of substance–although I will say, that the original bill, and the House version with the amendments from Representative [Jarad] Klein have changed substantially from the original bill–I think that’s a, that’s a critical enough bill for or against that it needs to stand on its own. And putting it on an appropriation is not appropriate, and I would fight tooth and nail to prevent it.

I enclose below the official video from yesterday’s Waukee forum. The relevant response from Schneider begins at 1:20:00.

Here’s hoping Schneider has the clout to keep Water Works language out of any final spending bills. He also serves as majority whip, the third-ranking Senate GOP leadership position. The three independent utilities Schneider mentioned oppose the Water Works bill. The city of Des Moines is still registered in favor of House File 484, but the city of West Des Moines changed its stance last month from “for” to “undecided.”

To my knowledge, most of the Republicans on the House Appropriations Committee have taken no public position on this legislation. I’m wary because Appropriations Chair Pat Grassley formerly chaired the Agriculture Committee, where the Water Works bill originated. Assisting the Farm Bureau’s revenge mission could bring political benefits to Grassley, who is widely expected to run for Iowa secretary of agriculture if Bill Northey does not seek re-election in 2018. A front group for the Farm Bureau called the Iowa Partnership for Clean Water ran radio ads supporting the Water Works legislation.

UPDATE: On Iowa Public Television’s “Iowa Press” program this weekend, O.Kay Henderson asked Senate President Jack Whitver, “Will the Iowa legislature dismantle the Des Moines Water Works?” After hesitating for a moment, Whitver answered simply, “No.”

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Jake Chapman's procedural adventure

Matt Chapman recounts an interesting detour during the Iowa Senate’s floor debate on March 14. Republican Senator Jake Chapman (no relation) tried to add “personhood” language–which never made it out of committee–to a bill banning abortions after 20 weeks of pregnancy. -promoted by desmoinesdem

CALLING ALL WONKS

An interesting thing happened when Senator Jake Chapman overreached last night. Go to this link below and you can view the whole afternoon/evening session. I will give you time stamps so you can go right to where the events written occur.

Senators were debating Senate File 471, a 20-week abortion ban.

Chapman finishes up his comments (that you really don’t want to hear) about a story from the past. I will never get those minutes back in my life so please don’t waste yours.

He basically was trying to tack his personhood bill to Senate File 471 through amendment 3142.

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"Personhood" in trouble as Iowa legislative deadline approaches

One of the anti-abortion community’s top legislative priorities, a bill declaring that life begins at conception, appears likely to perish in this week’s “funnel.” Social conservatives introduced companion “personhood” bills in the Iowa House and Senate two weeks ago. Under legislative rules, all non-appropriations bills must pass at least one committee in one chamber by March 3 in order to remain eligible for consideration this year.

However, House File 297 has not even been assigned to a House Human Resources subcommittee, and Senate File 253 appears not to have the votes to get out of the Senate Judiciary Committee.

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Iowa House, Senate GOP leaders not co-sponsoring "personhood" bills

While most Iowa politics junkies were absorbed by lengthy collective bargaining debates in the state House and Senate, Republican lawmakers introduced identical “personhood” bills in both chambers on February 14.

Notably, leaders of the House and Senate are not among the co-sponsors of the bills declaring “that life is valued and protected from the moment of conception, and each life, from that moment, is accorded the same rights and protections guaranteed to all persons by the Constitution of the United States, the Constitution of the State of Iowa, and the laws of this state.”

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Weekend open thread: Packed Iowa legislative forums

All over Iowa this year, record numbers of citizens have been turning out for legislative forums. Controversies over education spending and Planned Parenthood funding brought out many activists earlier in the legislative session. This weekend, the overwhelming majority of attendees wanted to talk about the Republican bill to eviscerate Chapter 20, Iowa’s law that has governed collective bargaining for public employees since 1974.

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The first eight vice presidents to become president did not appoint new VPs

Reacting to my last post on questions surrounding the future title and authority of Lieutenant Governor Kim Reynolds, Joe Kristan commented that when a similar controversy arose in 1841, Vice President John Tyler set the “Tyler Precedent” by insisting he would be president for the remainder of the term to which William Henry Harrison had been elected.

I responded that the U.S. Constitution was later amended to say clearly that the vice president becomes president in the event of a vacancy–language that Iowa lawmakers chose not to introduce into our state’s constitution when amending passages related to succession on multiple occasions.

Kristan countered that nobody calls Tyler, Millard Fillmore, Andrew Johnson, Chester Arthur, Theodore Roosevelt, Calvin Coolidge, Harry Truman or Lyndon Johnson “acting presidents,” just because the 25th Amendment was subsequently adopted in 1967.

True. But guess what? None of those eight men appointed a new vice president during the term in which they assumed the powers of the presidency.

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Who's who in the Iowa Senate for 2017

The Iowa legislature’s 2017 session begins today with minor adjustments to business in the state House but massive changes in the Senate. After ten years of Democratic control, the last six with a one-seat majority, the upper chamber now contains 29 Republicans, 20 Democrats, and one independent (former Republican David Johnson).

I enclose below details on the Iowa Senate majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Senate committees. Click here to find the same information from the 2016 legislative session.

Just six senators are women (five Democrats and a Republican), down from ten women serving in the chamber in 2013 and 2014 and seven during the past two years. All current senators are white. To my knowledge, the only African-American ever to serve in the Iowa Senate was Tom Mann, elected to two terms during the 1980s. No Latino has ever served in the Iowa legislature; in 2014, Nathan Blake fell 18 votes short of becoming the first to join the Senate. No Asian-American has served in the state Senate since Swati Dandekar resigned in 2011.

As a group, the members of the new majority caucus have much less legislative experience than do their Democratic counterparts. As detailed below, only three of the 29 Senate Republicans have served ten or more years in the Iowa legislature, compared to thirteen of the 20 Democrats.

Some non-political trivia: the 50 Iowa senators include two with the surname Johnson, four Marks, three Bills, and two men each named Richard (Rich and Rick), Robert (a Rob and a Bob), Dan, Tim, Tom, Jeff, and Charles (one goes by Chaz).

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After campaigning on lies, Iowa Senate Republicans still won't lay out agenda

All but one of the 29 Republicans who will serve in the Iowa Senate for the next two years elected their leaders on Friday, changing little from the group that led the minority caucus during the last legislative session.

Bill Dix moves from Senate minority leader to majority leader.

Jack Whitver moves from minority whip to Senate president.

Jerry Behn, who preceded Dix as minority leader but hasn’t been in leadership since 2012, will become Senate president pro tem. He’s the longest-serving current Republican senator.

My own state senator, Charles Schneider, moves from an assistant minority leader position to majority whip.

Dan Zumbach and Randy Feenstra will be assistant majority leaders, having been assistant minority leaders during the last legislative session. The other two assistant majority leaders are new to leadership: Michael Breitbach and Amy Sinclair, the only woman in the 29-member incoming GOP caucus.

After the caucus meeting, Dix spoke only in general terms about the new majority’s plans.

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Republicans outspending Democrats in most Iowa Senate battlegrounds

Iowa House and Senate candidates were required to file their last pre-election campaign finance reports on Friday. In stark contrast to four years ago, Republicans are outspending Democrats in most of the contested state Senate districts. (I’ll address spending in the key Iowa House races in a different post.)

Currently, there are 25 Senate Democrats, 23 Republicans, and one independent. If former GOP Senator David Johnson makes good on his promise to remain an independent in 2017, and Democrats win the December special election to replace the late Senator Joe Seng, Republicans would need to pick up three seats to gain control of the upper chamber for the first time since 2004.

I enclose below in-kind contribution figures for the Senate districts expected to be in play next Tuesday. Candidates running elsewhere did not report large in-kind contributions from their respective parties.

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IA-02 GOP nominee Christopher Peters joins #NeverTrump camp

Dr. Christopher Peters, the Republican nominee in Iowa’s second Congressional district, announced today that he will not vote for Donald Trump or Hillary Clinton. In a prepared statement, Peters said his “views don’t fully align with either party’s platform” and asserted that neither major-party nominee has exhibited the “character and judgment necessary to be president.” He rejected the “lesser of two evils” approach to voting, which in his view won’t “bring us closer to fixing” a “deeply flawed” political system.

Since launching his campaign in March, Peters has often promised to be an “independent voice” for Iowans, in contrast to five-term Representative Dave Loebsack, who “votes with the Democrats more than 90 percent of the time.” Up to now, he had avoided taking a clear stand on Trump’s candidacy. For example, speaking to Kevin Barry of KGAN-TV in Cedar Rapids in May, Peters said, “The top of the ticket I can’t control, so I’m not going to worry about it. It’s kind of like taking the Serenity Prayer at a certain point. My focus is the second district, specifically Iowa, more broadly the country as a whole. […] I don’t think Mr. Trump cares whether I endorse him or not, because he’s rich, and I’m not that rich. So I think he’ll do just fine. […] I don’t think it affects this race too much, or in any way I can control.”

When Barry pressed Peters on whether he is behind Trump, Peters replied, “He’s got till November to earn my vote. We don’t know who all the candidates are going to be yet, and we don’t know all their policy positions. Again, if I’m an independent voice, and that’s who I am, I’ll vote [for] whoever I want to vote for in November, and I haven’t made that decision yet.”

Peters did not attend the Republican National Convention in Cleveland, nor has he appeared at any Trump campaign rally in Iowa. He spoke at U.S. Senator Joni Ernst’s Roast and Ride fundraiser in late August, but left that event before Trump’s featured speech and photo op with Iowa GOP leaders. A Libertarian candidate for Iowa Senate in 2010, Peters went to Libertarian presidential nominee Gary Johnson’s rally in Des Moines over Labor Day weekend but didn’t endorse Johnson then or now.

In today’s statement, Peters said “Trump’s behavior and temperament are only a part of the problem. He has repeatedly demonstrated a poor grasp of constitutionalism, civil rights, the rule of law, the role of diplomacy versus military interventionism, and even fundamental economics. I should have spoken out against him much earlier, and regret that I failed to do so.” Scroll down to read the full commentary.

Peters and Loebsack are will attend their first candidate forum today at the Coralville Public Library, beginning at 2 pm. IA-02 leans Democratic, with a partisan voting index of D+4. The latest figures from the Secretary of State’s office indicate that the district’s 24 counties contain 171,027 active registered Democrats, 146,108 Republicans, and 172,729 no-party voters.

Although dozens of GOP members of Congress have joined the #NeverTrump ranks, Peters is the only federal candidate in Iowa willing to repudiate the party’s nominee. To my knowledge, only two other Iowa Republicans on the ballot this year have said publicly they will not vote for Trump: Hardin County Auditor Jessica Lara and State Representative Ken Rizer. State Senator Jack Whitver, who is up for re-election in 2018, has called on Trump to step aside without saying whether he would vote for Trump, assuming he remains the nominee. State Senator David Johnson, whose term also runs through 2018, left the Republican Party in June to express his opposition to Trump.

Final note: While numerous Republicans cited their concern for daughters or granddaughters when denouncing the explosive Trump videotape from 2005, I applaud Peters for condemning Trump’s “character deficiencies” as a father of three teenage sons: “if I ever learned that any of them grew up to be men who conduct themselves like Trump, I would be deeply disappointed.”

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Ken Rizer becomes first Iowa House Republican to abandon Trump

Republican State Representative Ken Rizer announced on Facebook Saturday evening that he “can’t in good conscience” vote for Donald Trump and will write in Mike Pence for president. Rizer, who supported Jeb Bush before the Iowa caucuses, said he had “aggressively prosecuted Airmen who sexually assaulted women” and is aware of “groping” and “lewd conduct” his college-aged daughters face. He concluded that Trump’s comments in a recently-released 2005 video “reveal an arrogant lack of character unfitting for a college undergrad, for an Airman, and most certainly for our Commander in Chief.”

Rizer represents House district 68, a swing seat in the Cedar Rapids suburbs. He defeated Democrat Daniel Lundby in 2014, but Barack Obama outpolled Mitt Romney here in the last presidential election cycle by 54.45 percent to 44.08 percent. The latest voter registration numbers show the district contains 6,596 active registered Democrats, 6,103 Republicans, and 7,384 no-party voters. As of October 7, Democrats in Rizer’s district lead Republicans in absentee ballots requested by 1,698 to 844 and lead in early votes cast by 672 to 221.

I enclose below more comments from Rizer this evening, a map of House district 68, and background on the incumbent and his Democratic challenger Molly Donahue. She’s on the web here and on Facebook here.

The precincts in House district 68 also lie in Iowa Senate district 34, where Democratic State Senator Liz Mathis faces Rene Gadelha in a race both parties are targeting.

I will update this post as needed if other sitting Iowa Republican lawmakers announce that they won’t support Trump. On the morning of October 8, State Senator Jack Whitver posted on Twitter, “The comments and actions by Donald Trump are inexcusable and despicable. He should step down.” However, Whitver did not clarify whether he will vote for Trump, assuming he stays in the race.

Also on October 8, State Senator David Johnson issued a statement calling on Governor Terry Branstad and Lieutenant Governor Kim Reynolds to “condemn Trump publicly” now that “Trump’s true anti-women sickness has been revealed.” Johnson is the only Iowa legislator affiliated with neither party, having left the GOP in June to protest Trump’s impending nomination for president.

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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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Iowa Democrats trying to add autism insurance coverage to budget bill

Earlier this month, Claire Celsi informed Bleeding Heartland readers about the demise of an autism insurance bill after State Representative Peter Cownie refused to bring the measure up for a vote in the Iowa House Commerce Committee, which he chairs.

As both Autism Awareness Month and the 2016 legislative session wind down, Democrats in the Iowa House and Senate have been working to add the same requirements to a must-pass budget bill. Follow me after the jump for background and where things stand in this fight.

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Iowa Senate approves transgender protections in hate crimes law

The Iowa Senate voted today to add protections for transgender people to Iowa’s hate crimes law. Currently, hate crimes are defined as offenses “committed against a person or a person’s property because of the person’s race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability, or the person’s association with a person of a certain race, color, religion, ancestry, national origin, political affiliation, gender identity, gender expression, sex, sexual orientation, age, or disability.” Senate File 2284 would add the words “gender identity” and “gender expression” to that list. The full bill text is after the jump.

Democratic State Senator Matt McCoy has championed this bill and addressed his colleagues yesterday about last week’s horrific murder of Kedarie Johnson, a 16-year-old high school student in Burlington who was transitioning from female to male. I enclose the video of that speech below.

During today’s floor debate, Republican State Senator Mark Chelgren, who is also running for Congress in Iowa’s second district, offered an amendment that would have removed all individual classes from the state code on hate crimes. McCoy countered that such an amendment would “destroy the point of a hate crimes statute.” Senators rejected Chelgren’s amendment by 30 votes to 18, with Republicans Bill Dix, Mike Breitbach, Charles Schneider, and Jack Whitver joining all 26 Democrats to vote no. Chelgren then withdrew another amendment he had proposed, which would have added “military veteran or military personnel status” to the list of protected classes.

Republican Senator Jake Chapman offered an amendment to add “unborn status” to the hate crimes bill, but as he was speaking in its favor (and graphically describing abortion procedures), Democratic Senator Tony Bisignano questioned whether the remarks were relevant. McCoy then formally objected that the amendment was not germane, and Senate President Pam Jochum ruled the objection “well-taken” and Chapman’s amendment out of order.

Schneider was the only Republican to join all 26 Democrats in approving the bill on final passage. Republicans Rick Bertrand and Brad Zaun were absent, and the 21 other GOP senators voted no. Schneider represents my own district in the western suburbs of Des Moines, and I’m proud to see him continue a tradition of Republicans from this area supporting protections for LGBT Iowans. The same was true when the Iowa House and Senate added sexual orientation and gender identity to the state’s Civil Rights Code in 2007, and when lawmakers approved an anti-bullying bill the same year.

I don’t expect Iowa House Republican leaders to bring up Senate File 2284 this year, but I hope to be proven wrong.

UPDATE: The video from today’s debate is up on the Iowa legislature’s website. Chapman went on for several minutes, starting around the 1:38 mark. Jochum repeatedly asked him to confine his remarks to why “unborn status” should be included in the hate crimes statute, but Chapman kept talking about abortion procedures.

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Medicaid oversight bill passes Iowa Senate with bipartisan support

Since Terry Branstad returned to the governor’s office, the overwhelming majority of Iowa Senate votes on contentious political issues have fallen along strict party lines: 26 Democrats one way and 24 Republicans the opposite. However, the Branstad administration’s rush to privatize Medicaid has created space for bipartisanship, as a growing number of Republicans acknowledge the dangers of shifting to managed care for a program through which one in six Iowans access health services.

Last month, three GOP senators joined their Democratic colleagues to vote for a bill that would have halted Iowa’s Medicaid privatization. That legislation is going nowhere in the Republican-controlled state House, and federal officials recently approved waivers to allow the Iowa Department of Human Services to implement the managed care policy as of April 1.

Yesterday a quarter of the GOP state senators voted with all 26 Democrats for a Medicaid oversight bill that had cleared the Senate Human Resources Committee unanimously. In her remarks to open floor debate on Senate File 2213, Human Resources Committee Chair Amanda Ragan said the bill was designed “to safeguard the interests of Medicaid members, encourage the participation of Medicaid providers, and protect Iowa taxpayers.” She told colleagues, “we must require DHS and the managed care companies to protect consumers, preserve provider networks, address the unique needs of children and assure accountability.”

I enclose below highlights from the debate on SF 2213, the roll call on final passage, and Ragan’s full remarks, along with a Democratic staff analysis summarizing the bill’s key points.

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Will any elected Iowa Republicans vow to #NeverTrump?

In an effort to halt Donald Trump’s momentum and also to preserve some self-respect, a growing number of Republicans are vowing never to vote for Trump, even if he becomes the GOP presidential nominee. As Megan McArdle reported for Bloomberg, the #NeverTrump faction represents “all segments of the party — urban professionals, yes, but also stalwart evangelicals, neoconservatives, libertarians, Tea Partiers, the whole patchwork of ideological groups of which the Republican coalition is made.”

Former New Jersey Governor Christine Todd Whitman said she would consider voting for Hillary Clinton over Trump. At a funeral in Des Moines this past weekend, the daughter of the deceased (like Whitman a moderate Republican) struck a chord with some of the mourners when she joked during her eulogy that she was a little envious her mother would not have to vote in the presidential election now.

At the other end of the GOP ideological spectrum, staunch conservative U.S. Senator Ben Sasse of Nebraska became the first member of Congress to take the #NeverTrump pledge, laying out his reasoning in a long Facebook post.

So far, the most prominent Iowa Republican to join the #NeverTrump camp is right-wing talk radio host Steve Deace, who explained his stance in a column for the Conservative Review website. Deace worked hard to persuade fellow Iowans to caucus for Ted Cruz. Meanwhile, Marco Rubio endorser and former Waukee City Council member Isaiah McGee described himself to me as a “founding member” of #NeverTrump.

Early signs suggest that few, if any, elected GOP officials in Iowa will join the club.

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Who's who in the Iowa Senate for 2016

The Iowa legislature’s 2016 session began on Monday. For the sixth year in a row, the 50 state senators include 26 Democrats and 24 Republicans. Just seven senators are women (six Democrats and a Republican), down from a high of ten women serving in the chamber during 2013 and 2014. All current senators are white. To my knowledge, the only African-American ever to serve in the Iowa Senate was Tom Mann, elected to two terms during the 1980s. No Latino has ever served in the Iowa House or Senate; Nathan Blake fell 18 votes short of becoming the first in 2014. No Asian-American has served in the state Senate since Swati Dandekar resigned in 2011.

I enclose below details on the Iowa Senate majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Senate committees. Little has changed since last year, in contrast to the Iowa House, which saw some big changes in the majority Republican caucus since the legislature adjourned in June.

Term limits are a terrible idea generally but would be especially awful if applied to the Iowa Senate, as the longest-serving current senator bizarrely advocated last year. The experience gap between Democrats and Republicans is striking. As detailed below, only four of the 24 Senate Republicans have ten or more years of experience in the Iowa legislature, compared to seventeen of the 26 Democrats. No current Iowa Senate Republican has more than 20 years legislative experience, whereas six Democrats do.

Some non-political trivia: the 50 Iowa Senate members include three Marks, three Bills, three Richards (who go by Rich, Rick, and Dick), two Mikes, two Toms, two Joes, and two men named Charles (one goes by Chaz).

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Iowa AG Miller to GOP lawmakers: No authority to investigate fetal tissue transfers

Iowa Attorney General Tom Miller has informed 56 Republican state legislators that his office has neither “jurisdiction over transfers of fetal tissue” nor the “authority to investigate or demand information about the transfer of fetal tissue.” In a letter dated today, Miller noted that “Iowa does not have any state laws governing the transfer of fetal tissue,” which means that only offices of U.S. Attorneys are able to enforce federal laws in this area.

Last month, the GOP lawmakers asked Miller’s office “to investigate current and planned abortion operations within Iowa to ensure compliance with the law.” Their letter set out ten detailed questions regarding the disposal, donation, or possible sale of body parts following abortions. Miller directed the legislators to contact U.S. attorneys’ offices in Iowa if they “have reliable information that federal laws relating to fetal tissue are being violated.”

I enclose below the August 24 letter from Iowa House and Senate Republicans, today’s written response from Miller, and a two-page letter Planned Parenthood of the Heartland provided to the Attorney General’s Office regarding the lawmakers’ query. Planned Parenthood’s response noted that the organization “does not now, and has not in the past, participated in” any fetal tissue donation programs but adheres to “rigorous standards of care” and “compliance with all applicable laws and regulations” in every area of its work, including abortion services.

Many Iowa Republicans will be furious, not only because Miller will not act on their unfounded suspicions, but also because the Attorney General’s Office responded to their query in what appears to be a textbook late-afternoon, pre-holiday-weekend news dump.

Also worth noting: Iowa House Speaker-select Linda Upmeyer and incoming House Majority Leader Chris Hagenow did not sign the August 24 letter to Miller, but House Speaker Pro-Tem Matt Windschitl, incoming Majority Whip Joel Fry, and Assistant Majority Leaders Zach Nunn, Jarad Klein, and Walt Rogers did. Iowa Senate Minority Leader Bill Dix did not sign the letter, but Minority Whip Jack Whitver and Assistant Minority Leaders Rick Bertrand, Randy Fenestra, Charles Schneider, and David Johnson did.

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No single issue is worth risking the Iowa Senate majority

Shortly before the end of this year’s legislative session, former State Representative Ed Fallon announced “political action” to stop the proposed Bakken Oil Pipeline. He warned that if the Iowa House and Senate did not approve a bill to block the use of eminent domain for the project, he would organize and fundraise “to help defeat one or two Democratic Senators and one or two Republican Representatives” who oppose the bill.

On June 5, the Iowa House and Senate adjourned for the year without passing an eminent domain bill in either chamber. Last week Fallon confirmed that he is sticking to his goal of defeating one or two majority party members in both the House and Senate, adding that he had already raised $4,500 toward the cause.

All I can say is, count me out of that political crusade.

Come to think of it, I have a few more things to say on the subject.

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Ed Fallon arrested after sit-in at governor's office over Bakken pipeline (updated)

Former state lawmaker Ed Fallon is in police custody tonight after he refused to leave Governor Terry Branstad’s office at the close of business today. Fallon went to the governor’s office this afternoon demanding a meeting to discuss “eminent domain legislation that would help landowners along the path of the Bakken Oil Pipeline.” More details are in a press release I’ve enclosed after the jump. Branstad’s legal counsel Michael Bousselot came out to talk with Fallon, who insisted on a meeting or phone conversation with the governor himself. Brianne Pfannenstiel reported for the Des Moines Register,

When the statehouse closed at 5 p.m., Iowa State Patrol troopers approached Fallon and asked if he would be willing to leave, or be arrested for criminal trespassing. Fallon declined to leave, so he was escorted out of the building and arrested outside.

A supporter posted on Facebook this evening that Fallon has a “jail support team attending to all his needs” and “will probably be released sometime tomorrow.” When Fallon served in the Iowa House from 1995 through the 2006 session, land use issues were a focal point of his legislative efforts. During and since that time, Fallon has opposed various proposals to use eminent domain to seize farmland for use in for-profit ventures. Earlier this year, he walked from the southeast corner of Iowa to the northeast corner along the proposed pipeline route to raise awareness and mobilize landowners and others who oppose the project. The No Bakken website and Facebook page represent a coalition of some two dozen non-profit groups that oppose the project.

The eminent domain bill Fallon wants Branstad to support is Senate File 506 (previously Senate Study Bill 1276), which passed the Iowa Senate Government Oversight Committee on May 6 with support from Democratic State Senators Rob Hogg, Brian Schoenjahn, and Kevin Kinney, and Republican Jack Whitver. Branstad warned state lawmakers in January not to “get politics into this” debate over the pipeline. The governor wants to leave the decision to the Iowa Utilities Board, which is considered likely to approve the pipeline. The Sierra Club Iowa chapter plans to fight the project before every state and federal agency that would be involved.

UPDATE: Fallon was released from jail the same evening he was arrested. In a press release I’ve posted below, he says he’s due in court on May 27 and hasn’t decided “what legal route to take yet.”

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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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Who's who in the Iowa Senate for 2015

The Iowa legislature’s 2015 session begins today. Democrats maintained their 26 to 24 majority in the upper chamber. After the jump I’ve posted details on the Iowa Senate majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Senate committees. Where relevant, I’ve noted changes from the previous committee assignments. Click here for a similar post on the new Iowa House.

I’ve also enclosed below details on the tenure of all 50 Iowa senators. The experience gap between the caucuses is striking, even more so since three of the longest-serving GOP state senators retired in 2014. Only seven of the 24 Republicans have served in either the state House or Senate for more than four years, whereas nineteen of the 26 Democrats have more than four years of legislative service. Only four of the 24 Senate Republicans have ten or more years of experience in the Iowa legislature, compared to seventeen of the 26 Democrats. No current Iowa Senate Republican has more than 20 years legislative experience, whereas six Democrats do.

Just seven of the 50 senators are women, down from ten women in the chamber two years ago. The Democratic caucus includes 20 men and six women; the Republican caucus 23 men and one woman.

All current Iowa senators are white. To my knowledge, no African-American has ever served in the Iowa Senate. CORRECTION: Bleeding Heartland reader northwest points out that I forgot Tom Mann, who represented part of Des Moines in the Iowa Senate during the 1980s.

No Latino has ever served in the Iowa House or Senate; Nathan Blake fell 18 votes short of becoming the first in 2014. No Asian-American has served in the state Senate since Swati Dandekar resigned in 2011.

Some non-political trivia: the 50 state senators include three Marks, three Bills, three Richards (who go by Rich, Rick, and Dick), two Mikes, two Toms, two Joes, and two men named Charles (one goes by Chaz).  

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Iowa primary election results thread

Polls close at 9 pm, and I’ll be updating this post regularly with primary election results. Rumor has it that turnout was relatively low, even on the Republican side where there are hard-fought primaries for U.S. Senate and the third Congressional district. According to the Polk County Auditor’s office, as of this afternoon only 1,506 absentee ballots had been requested and 1,350 absentee ballots received for today’s GOP primary. Keep in mind that roughly half of all Republican voters in IA-03 live in Polk County, and six campaigns were competing for their votes. Not to mention that five U.S. Senate candidates should have been locking in early votes in Iowa’s largest county.

By comparison, 2,883 Democratic primary absentee ballots were requested in Polk County, and 2,296 of those returned by today. The lion’s share were from Iowa Senate district 17 in Des Moines, where three candidates are seeking to replace Jack Hatch (2,475 absentee ballots requested and 1,950 returned). Democratic campaigns have long pushed early voting more than Republicans, but still–that’s a shocking failure to GOTV by the various Republican campaigns.

Share any comments about any Iowa campaigns in this thread, as well as any interesting anecdotes from voting today.

UPDATE: Polls are now closed and updates will continue after the jump.

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Highlights from this year's Iowa Senate votes on Branstad nominees

During the 2014 legislative session, the Iowa Senate confirmed all but a handful of Governor Terry Branstad’s more than 200 nominees for state boards and commissions. It’s not unusual for senators to vote down one or two appointees, but this year the Senate confirmed everyone who came up for a vote on the floor.

The only close call was former Iowa House Republican Nick Wagner, confirmed to the Iowa Utilities Board last month with just one vote to spare. Branstad originally named Wagner to the three-member utilities board in 2013 but pulled his nomination when it became clear that senators would not confirm him. Branstad named Wagner to that board anyway, right after the Senate adjourned for the year in 2013. By the time his nomination came up for consideration this year, a couple of factors that worked against him were no longer relevant. Former State Senator Swati Dandekar had resigned from the board to run for Congress, so there would no longer be two of three members from Marion (a Cedar Rapids suburb). Furthermore, Branstad named attorney Sheila Tipton to replace Dandekar, so senators could no longer object to the lack of a lawyer on the Iowa Utilities Board.

Still, most of the Democratic caucus opposed Wagner’s nomination. State Senator Rob Hogg cited the nominee’s support for a bad nuclear power bill that the legislature considered a few years back. Meanwhile, State Senator Matt McCoy (who incidentally wanted to pass the nuclear bill) noted that as a key Iowa House Republican on budget matters, Wagner “was not willing to listen” and “took very difficult and very hard-line positions.” After the jump I’ve posted the roll call on the Wagner nomination; 11 Democrats joined all 24 Republicans to confirm him.

As in recent years, the governor withdrew a handful of nominees who were not likely to gain at least 34 votes (a two-thirds majority) in the upper chamber. A few nominees for low-profile boards had to go because of party imbalance issues. Chet Hollingshead, one of seven Branstad appointees to the Mental Health and Disability Services Commission, never came up for a vote, presumably because of a theft incident Bleeding Heartland user Iowa_native described here.

I am not sure why Senate Majority Leader Mike Gronstal informed Branstad that Jason Carlstrom was unlikely to be confirmed as chair of the Iowa Board of Parole. The governor first appointed Carlstrom to that position in the summer of 2012, to fill out the remainder of someone else’s term. The Iowa Senate unanimously confirmed him during the 2013 legislative session. When Branstad reappointed Carlstrom to the parole board this year, I didn’t expect him to run into any trouble. I will update this post if I learn more details.

The highest-profile nominee withdrawn by Branstad was former Iowa House Republican Jamie Van Fossen, whom the governor wanted to chair the Public Employment Relations Board. Cityview’s Civic Skinny described the backstory well; I’ve posted excerpts after the jump. Van Fossen still serves on that board, having been confirmed to a full term in 2012. But the new chair will be Mike Cormack, a Republican who served four terms in the Iowa House and later worked for the State Department of Education. Senators unanimously confirmed Cormack last month. The outgoing Public Employment Relations Board chair, Jim Riordan, has alleged that the board faced political pressure from Branstad staffers to hire an employer-friendly administrative law judge.

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Iowa Senate approves cannabis oil bill

Yesterday the Iowa Senate approved by 36 votes to 12 a bill to legalize the use of medical cannabis oil for treating certain seizure conditions. You can read the full text of Senate File 2360 here. After the jump I’ve posted State Senator Joe Bolkcom’s floor statements in support of the bill, which summarize its key points and limited scope. An Iowa Senate Democratic research staffer provided a more detailed analysis of the bill here (pdf).

The roll call in the Senate Journal shows that all 26 Iowa Senate Democrats voted for the cannabis oil bill, joined by the following ten Republicans: Mike Breitbach, Mark Chelgren, Minority Leader Bill Dix, Joni Ernst, Hubert Houser, David Johnson, Tim Kapucian, Charles Schneider, Amy Sinclair, and Brad Zaun. The twelve Republicans who voted no were Bill Anderson, Jerry Behn, Rick Bertrand, Nancy Boettger, Jake Chapman, Randy Feenstra, Julian Garrett, Sandy Greiner, Dennis Guth, Ken Rozenboom, Roby Smith, and Jack Whitver. Republicans Mark Segebart and Dan Zumbach were absent.

During the floor debate, several Republicans warned that passing the bill would send the wrong message to teenagers, leading to more recreational use of marijuana. That’s hard to fathom, since the bill does not legalize smoking marijuana, even for terminally or chronically ill Iowans who could benefit from medical cannabis in that form.

Key Iowa House Republicans and Governor Terry Branstad have made clear that for now, they would consider only a bill to allow access to medical cannabis oil. I hope a study committee on broader use of medical marijuana will go forward. Senate File 2360 is a step in the right direction and will give families like this one options other than moving to Colorado. However, the bill leaves out too many suffering people.

P.S.- A sign of how far the political ground has shifted in the medical marijuana debate: Joni Ernst and Brad Zaun are in fiercely competitive GOP primaries (for U.S. Senate and IA-03, respectively). Both of them voted for this bill.

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IA-03: Young in, Schultz probably in, Whitver and Hagenow out

State Senator Brad Zaun will have company in the Republican primary to represent Iowa’s third Congressional district. Today David Young told the Des Moines Register that he is ending his U.S. Senate campaign to run in IA-03.

In an exclusive interview, Young said when he began pondering a run for elective office he had the 3rd in mind, assuming that Latham would run for the Senate seat opened by U.S. Sen. Tom Harkin’s retirement in 2014.

Shifting to the Senate race made sense once Latham took himself out of that contest. As of September 30, Young had $124,052.27 cash on hand for his Senate campaign, which would go further in a Congressional district than in a statewide primary.

Meanwhile, Iowa Secretary of State Matt Schultz announced today on Facebook, “I have received a lot of support and encouragement as I have considered becoming a candidate for Iowa’s 3rd Congressional District. Next week, I will be making an important and exciting announcement about this race and my future plans to fight for Iowa.” I’m no marketing guru, but I think it’s more exciting to say what you’re doing than to promise “an important and exciting annoucement” soon. I suppose the idea is to make the news twice instead of once. Zaun took the same approach.

I agree with John Deeth’s preview of a forthcoming IA-03 Republican debate: “Mr. Schultz, explain your position on the farm bill. ‘Voter ID.’ Should we intervene in Syria? ‘Voter ID.’”

State Senator Jack Whitver confirmed today that he will run for re-election in Iowa Senate district 19 rather than run for Congress in IA-03. Likewise, State Representative Chris Hagenow will pass on the Congressional race to seek re-election to House district 43 and as House majority whip. In a message to supporters, Hagenow wrote, “Serving in Washington D.C. at this time will not allow me to be the husband and father that I have promised to my family.  After prayerful consideration, we believe that I can best serve the people of Iowa by continuing my work in the state legislature.”

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New IA-03 Republican candidate speculation thread

Representative Tom Latham’s surprise retirement announcement last Tuesday was an early Christmas present to some ambitious Republicans (who now have an opportunity to move up) as well as to Democrats (who now have a prayer of winning IA-03).

Here’s a new thread on potential GOP contenders for the vacant seat next year. My thoughts on many possible candidates are after the jump. Appearing on Iowa Public Television’s “Iowa Press” program, Latham said he does not expect to endorse a candidate in the GOP primary to represent IA-03. He added that he might become a lobbyist or work for a charity after leaving Congress.

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Bombshell in IA-03: Tom Latham not seeking re-election

From the day I first saw Iowa’s new map of political boundaries in 2011, I had a bad feeling that Republican Tom Latham would be representing me in Congress for most of this decade. I did not see today’s news coming: in an e-mail to supporters this afternoon (full text here), the ten-term incumbent announced that he will not seek re-election to the U.S. House in 2014. Latham plans to spend more time with his family.

The Democratic Congressional Campaign Committee was already targeting Iowa’s third Congressional district, and Latham was in the National Republican Congressional Committee’s incumbent protection program. As an open seat, the race will be far more competitive than if longtime incumbent Latham were on the ballot. I am curious to see which Republicans jump in this race. I doubt Des Moines-based teacher and business owner Joe Grandanette, who had already announced a primary challenge to Latham, will be the GOP nominee. I assume several state legislators or former legislators will go for it, but probably not State Senator Brad Zaun, who couldn’t beat Leonard Boswell in the biggest Republican landslide in decades.

Former State Senator Staci Appel has a head start in the race for the Democratic nomination, with nearly $200,000 cash on hand as of September 30 and the support of several Democratic-aligned interest groups, including EMILY’s List. Gabriel De La Cerda is the other declared Democratic candidate in IA-03. With Latham retiring, I wonder if other Democrats will jump in the race. For instance, State Senator Matt McCoy was planning to run for Congress in the third district in 2002 before Representative Boswell decided to move to Des Moines so as not to face Steve King in what was then IA-05.

As of December 1, IA-03 contained 157,456 active registered Democrats, 164,311 Republicans, and 160,205 no-party voters, according to the Iowa Secretary of State’s office.

UPDATE: Shortly after news broke of Latham’s retirement, Appel sent out a fundraising appeal and tweeted that her team was “thrilled to see our work holding Latham accountable has paid off.”

SECOND UPDATE: State Senator Janet Petersen comes to mind as a potential Democratic candidate as well. On the Republican side, I wonder whether some mayors or Waukee City Council Member Isaiah McGee will go for it.

THIRD UPDATE: Lieutenant Governor Kim Reynolds already ruled out running for Congress, but Iowa Secretary of State Matt Schultz is seriously considering it.

I’ve added Appel’s statement on today’s news after the jump.

FOURTH UPDATE: Added Schultz’s statement after the jump. He served as a Council Bluffs City Council member before running for Iowa secretary of state.

Iowa Senate Majority Leader Mike Gronstal lives in IA-03 and could run for Congress without risking his state Senate seat, since he’s not up for re-election until 2016.

Also added statements from Representatives Bruce Braley, Dave Loebsack, and the Iowa Democratic Party below. Iowa Citizens for Community Improvement Action released a statement calling on Latham to help move immigration reform forward, now that he “has nothing to lose.”

Have to agree with John Deeth: “On the GOP side I expect a clown car and maybe even another convention.” State Senators Brad Zaun and Jack Whitver are both thinking about it.

FIFTH UPDATE: Added statement from Gabriel De La Cerda, who was the first Democrat to declare in IA-03 earlier this year.

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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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More fallout from Kent Sorenson resignation (updated)

Governor Terry Branstad praised Iowa Senate Minority Leader Bill Dix today for asking Republican State Senator Kent Sorenson to resign yesterday.

“I’ve tried to be very careful and that’s why I was pleased that Bill Dix was the one that asked for his resignation and that he made the decision to resign,” Branstad said. “I think it was handled in the appropriate way and I want to give the Republican leader in the senate credit for making the ask for the resignation in light of the report that was done.”

According to O.Kay Henderson’s report for Radio Iowa, Branstad never mentioned Sorenson by name today, referring to him as “he” or “the member.” In early 2010, Sorenson vowed never to vote for Branstad. Sorenson’s home base in Warren County was one of the strongest performers for Bob Vander Plaats in the 2010 Republican gubernatorial primary.

Within five days, Branstad must set a date for the special election in Iowa Senate district 13. Whether Republicans retain the seat will not affect control of the Iowa Senate, where Democrats now have a 26 to 24 majority. Whoever wins the special will be up for re-election in 2014. I consider the GOP favored to hold Senate district 13. Theoretically, a Democratic candidate would have been better positioned to defeat Sorenson than someone else, but Sorenson’s presence on the Iowa political scene was so toxic that we’re all better off with him gone.

Sorenson’s resignation does not preclude possible criminal prosecution. Polk County Attorney John Sarcone’s office will review the report special investigator Mark Weinhardt filed yesterday with the Iowa Senate. Sorenson still claims he’s done nothing wrong.

Talk radio host Steve Deace, who did more than anyone else to promote Sorenson’s political career, finally commented on this mess. I’ve enclosed excerpts from his post after the jump.

UPDATE: Added a few comments from Sorenson’s Senate Republican colleagues after the jump.

Weinhardt’s report implicates David Polyansky, then a consultant for Michele Bachmann’s presidential campaign, in arranging the payments for Sorenson. Polyansky is now a consultant for State Senator Joni Ernst’s campaign for the U.S. Senate in 2014.

According to Kevin Hall of The Iowa Republican blog, Wes Enos has resigned from the Iowa Senate GOP caucus staff. Enos was a senior official in Bachmann’s campaign and publicly defended Sorenson against allegations that he had been paid to switch his support to Ron Paul. UPDATE: On October 4, Enos resigned as a member of the Iowa GOP’s State Central Committee.

Enos said Friday he had defended Sorenson previously because he believed the Milo Republican hadn’t done anything wrong. “The report was pretty damning and that is why I felt this was necessary….Realistically, now that we have seen the report it is best if I just kind step aside.”

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

The Daily Kos Elections team has been compiling 2012 presidential election results by state legislative district as well as by Congressional district. Yesterday the Iowa numbers were added to the database. You can view Google documents with raw vote totals and percentages for Barack Obama and Mitt Romney by Iowa Congressional district here, by Iowa Senate district here, and by Iowa House district here.

Looking closely at the presidential vote in the legislative districts provides some insight about where the competitive Iowa statehouse races might be next year. After the jump I’ve highlighted some key data points related to the Iowa Senate races. Later I will post a separate diary with first thoughts about the Iowa House districts.

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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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