Spirits lifted in the pro-choice community when Iowa House Majority Leader Matt Windschitl did not call up a constitutional amendment on abortion shortly after the legislature reconvened this month.

Republican leaders wanted to pass the amendment, which had advanced from committee months earlier. When a high-profile bill doesn’t come to the floor, it often means the majority party doesn’t have the votes for final passage.

Indeed, at least three of the 53 House Republicans resisted immense pressure to vote for legislation designed to overturn an Iowa Supreme Court ruling protecting “the constitutional right of women to terminate a pregnancy.”

Unfortunately, the holdouts agreed to a last-minute abortion restriction that may provide a faster way to undo the high court’s work.

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

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

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

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

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

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

“Let them vote! Let them vote!” Black Lives Matter protesters chanted a few minutes after Governor Kim Reynolds signed a police reform bill on June 12. Reynolds did not acknowledge hearing them, continuing to pass out pens to advocates of the legislation, which the Iowa House and Senate had unanimously approved the night before.

The protesters want the governor to sign an executive order automatically restoring voting rights to Iowans who have completed felony sentences. Iowa has the country’s strictest felon voting ban, which disproportionately disenfranchises African Americans. Reynolds has resisted calls to issue an executive order, saying she wants the legislature to approve a state constitutional amendment on felon voting instead.

The Iowa legislature adjourned for the year on June 14 without the constitutional amendment clearing the Senate.

For many thousands of Iowans with felony convictions, an order from Reynolds provides the only path to voting before 2024. She should issue one as soon as possible.

Iowans haven’t voted a sitting U.S. senator out of office since 1984, but a third poll taken since the June 2 primary shows Senator Joni Ernst slightly trailing Democratic nominee Theresa Greenfield.

One poll might be dismissed as a fluke. Two polls might be explained away by the fact that groups supporting Greenfield commissioned the surveys. But Selzer & Co, which conducts the Iowa Poll for the Des Moines Register and Mediacom, has no dog in this fight.

Most bills lawmakers introduced this year to address Iowa’s notorious racial disparities didn’t get far before the Iowa House and Senate suspended their work in mid-March, due to the COVID-19 pandemic. By the time the legislature got back to work on June 3, large protests were underway daily in Iowa and across the country, in response to the horrific killing of George Floyd at the hands of Minneapolis police.

Democratic lawmakers unveiled a “More Perfect Union plan” designed to prevent “violent conflicts between law enforcement and Iowa residents” on June 4. A bill incorporating their proposals sailed through both chambers unanimously a week later, with a group of Black Lives Matter protesters watching from the public gallery.

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

Original post follows.

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

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

In its most closely-watched meeting in living memory, the Iowa State Fair board voted on June 10 not to hold the fair this year, due to the coronavirus pandemic.

Although the board’s 11-2 vote was livestreamed, the brief meeting shed no light on the deliberations. There was no public discussion of the pros and cons of postponing the event until 2021. Nor did members debate alternative scenarios explored by staff, like holding a scaled-back event with limited attendance, mandatory face coverings, or temperature checks.

All board members present avoided a public stand on the difficult decision through a secret ballot vote, in apparent contradiction with Iowa’s open meetings law.

Governor Kim Reynolds’ designated representative on the body missed the meeting entirely.

A wide-ranging election bill is eligible for Iowa Senate debate on June 10. Judging by the party-line vote in the State Government Committee on June 5, the Republican majority seems likely to rubber-stamp House File 2486 and send it to the Iowa House.

State Senator Roby Smith proposed many bad ideas in his 30-page amendment to that previously innocuous bill. The most controversial would prevent Republican Secretary of State Paul Pate from sending an absentee ballot request form to any voter who did not ask for one. Pate’s decision to send such forms to every registered Iowa voter contributed to record-setting turnout for the June 2 primary.

Smith has denied he is trying to suppress voting by mail. But talking points he and a Republican ally floated in recent days do not withstand scrutiny. Pate didn’t need lawmakers to appropriate state funds for the mass mailing, didn’t need legislative approval to send the forms, and didn’t exceed his authority under Iowa law.

The 2016 elections were so devastating for Iowa Democrats that I thought Iowa had probably relinquished swing-state status and would not have a targeted U.S. Senate race in 2020.

However, Senator Joni Ernst’s approval numbers have been sliding for some time. The first two polls published following last week’s primary election show Democratic Senate nominee Theresa Greenfield slightly leading Ernst.

The same surveys point to a highly competitive race between President Donald Trump and Joe Biden for Iowa’s six electoral votes.

Novel coronavirus (COVID-19) infections and deaths could increase or decrease substantially in the coming months, depending on how many Iowans practice social distancing or wear personal protective equipment (PPE) routinely in public, according to a modeling app designed by University of Iowa faculty and graduate students.

Six professors of biostatistics or epidemiology collaborated on the model, while a group of graduate students worked on the app and translated materials for a Spanish-language version. The university’s College of Public Health COVID-19 Response Team “developed this tool as a free public service to state and local policymakers, business leaders, and others to assist in guiding the community response to the coronavirus pandemic.”

This incredibly useful resource was derived from publicly-available data, so is not subject to restrictions on release state government imposed as part of the contract the Iowa Department of Public Health and UI College of Public Health signed in April to develop Iowa-specific modeling for COVID-19. Governor Kim Reynolds and state health officials largely ignored that modeling when drafting plans to reopen businesses and venues in May and June, saying “real-time data” was informing such policies.

Running against a sitting office-holder from your own party is always an uphill battle. Many Iowa House or Senate members have faced primary challengers during the past decade, but only a handful have failed to win their party’s nomination.

Christina Bohannan beat the odds on June 2, taking 66 percent of the vote against 20-year State Representative Vicki Lensing in Iowa’s most Democratic House district.

No one can write off the outcome as a fluke of a low-turnout environment. Statewide turnout set a new record for an Iowa primary, and voter participation in Johnson County was sky-high as well. Unofficial results showed 6,687 residents of House district 85 cast ballots for either Bohannan or Lensing.

Bohannan’s win and in particular the margin of victory should put every Iowa legislator on notice: you have to keep earning your constituents’ support.

Iowa’s 2020 primary turnout hit a new record, thanks largely to Secretary of State Paul Pate’s actions to facilitate more voting by mail.

Days later, Senate State Government Committee Chair Roby Smith introduced an amendment that would prevent Pate from taking the same steps during the general election. County auditors from both parties oppose the proposal.

U.S. Senator Chuck Grassley’s reputation as a defender of whistleblowers and government oversight has taken a hit lately, as President Donald Trump sidelined five inspectors general over a span of two months and rebuffed the senator’s demand for an explanation.

In an escalation of sorts, Grassley announced on June 4 that he would hold up two of Trump’s nominees until the White House complies with federal law requiring that the president explain in writing why he removed inspectors general.

The senator might have some leverage if he were willing to block high-priority nominees for the administration. But the opposite is true. The same day Grassley took a stand on inspectors general, he and Iowa’s Senator Joni Ernst advanced yet another unqualified judicial nominee.

Occupational Safety and Health Administration (OSHA) staff conducted on-site inspections of two more Iowa meatpacking plants this week, the Iowa Division of Labor confirmed to Bleeding Heartland on June 2.

Documents provided the following day show regulators closed at least four coronavirus-related complaints against Iowa pork processors with no inspection.

Inspectors toured the Tyson Foods turkey plant in Storm Lake and the Perdue Premium pork facility in Sioux Center on June 1. Both site visits stemmed from “media referrals” rather than complaints, meaning officials acted on unspecified news reports or information relayed to OSHA by a journalistic source.

The fields are set for Iowa’s 2020 federal campaigns. The U.S. Senate race and three out of four House races could be highly competitive this November. However, Democratic prospects for picking up the fourth Congressional district took a big hit last night.

The Iowa Supreme Court will determine whether a law designed to deny sex education grants to Planned Parenthood violates the Iowa Constitution’s equal protection guarantee. The state of Iowa filed a notice on June 1 that it will appeal last month’s Polk County District Court ruling, which found the law unconstitutional.

UPDATE: As of August, people of color who will appear on the general election ballot as candidates for the Iowa legislature include nine Democrats, seven Republicans, one Libertarian, and one independent. I’ve added details in the original post, which follows.

After a decade of little change in the racial breakdown of the Iowa House and Senate, more people of color are running for the state legislature this year.

Candidates appearing on today’s primary ballot include eight Democrats and seven eight Republicans, which to my knowledge is a record for the Iowa GOP.

In addition, three people of color representing minor parties have filed as general election candidates in state legislative districts.

Occupational Safety and Health Administration (OSHA) staff have conducted five on-site inspections of Iowa meatpacking plans during the past six weeks, the Iowa Division of Labor confirmed to Bleeding Heartland on May 28.

According to Mary Montgomery, who works in the office of Iowa Labor Commissioner Rod Roberts, OSHA inspectors examined COVID-19 mitigation measures at the Tyson Fresh Meats pork processing plant in Waterloo on April 20, the Tyson plant in Columbus Junction on April 30, Iowa Premium Beef in Tama on May 21, the JBS pork plant in Marshalltown, also on May 21, and the Tyson plant in Perry on May 26.

Montgomery indicated that a complaint prompted the Waterloo inspection, while “media referrals” led to the others. Asked to define that term, Montgomery said either “news items reported in the media” or information relayed “directly to OSHA by a media source” had prompted the site visits. She did not specify which news reports or journalistic sources influenced OSHA staff.

A little more than two months after Iowa recorded its first death attributed to novel coronavirus, the number of reported COVID-19 deaths in the state has surpassed annual deaths by suicide in recent years.

Governor Kim Reynolds denied 35 requests to sign Iowa on to multi-state legal actions during the first year of an unusual arrangement in which Attorney General Tom Miller ceded some of his authority.

Reynolds refused to allow the state to weigh in on lawsuits related to federal or state policies on immigration, reproductive rights, environmental regulation, consumer protection, gun safety, LGBTQ rights, and access to President Donald Trump’s personal records.

During the same time frame, the governor approved eighteen requests from Miller to join cases involving a wide range of legal matters.

Governor Kim Reynolds has enacted three rounds of reopening businesses and venues across Iowa this month already, and bars are next in line to resume indoor service on May 28. The governor has argued, “We have to move forward” as we “learn to live with” having novel coronavirus in our communities.

However, the judicial branch is approaching the COVID-19 pandemic more cautiously. Under an order Iowa Supreme Court Chief Justice Susan Christensen issued on May 22, in-person bench trials will remain on hold until July 13, and jury trials won’t resume in Iowa until September 14.

UPDATE: Hours after this piece was published, the plus/minus feature disappeared from the state website. Original post follows.

The state of Iowa’s official website for information about the novel coronavirus pandemic incorporated a few tweaks this week. The most noticeable: Department of Public Health staff update various statistics throughout the day, rather than once in each 24-hour period. During her May 18 news conference, Governor Kim Reynolds asserted that the new practice would make data on COVID-19 more “transparent.” Critics pointed out that the frequent updates would make it harder for Iowans to keep tabs on daily changes in coronavirus cases, tests, hospitalizations, and deaths.

Reynolds didn’t announce another addition to the website, which has attracted relatively little notice. Several of the bar graphs can now be adjusted to project the number of daily cases, tests, hospitalizations, or deaths weeks or months into the future.

The trouble is, those projections are not grounded in any principles of epidemiology.

Less than two months after Iowa recorded its first death attributed to novel coronavirus, the number of reported COVID-19 deaths in the state reached 404 on May 21, surpassing the highest number of annual fatalities in Iowa vehicle crashes over the past decade.

Two strong candidates are seeking the Democratic nomination in a top-targeted Iowa House seat.

No court will ever consider the merits of two challenges to a 2019 law that changed Iowa’s judicial selection process and shortened the chief justice’s term.

The Iowa Department of Public Health does not intend to limit the use of exemptions to mandatory vaccinations during the novel coronavirus (COVID-19) pandemic, spokesperson Amy McCoy confirmed on May 19.

The State Hygienic Laboratory has expanded its novel coronavirus testing criteria to include some children and staff in day care centers who have respiratory symptoms and no alternative diagnosis.

However, the state still will not cover COVID-19 tests for most people living in the same household with someone confirmed to have the virus.

State Auditor Rob Sand is examining the no-bid contracts Iowa has signed to procure personal protective equipment (PPE), which has been in short supply across the country during the novel coronavirus pandemic.

A one-sentence statement released by the State Auditor’s Office on May 18 quoted Sand as saying, “Prior to last week’s coverage of a vendor whom has never before sold PPE receiving a $7 million no-bid contract for PPE, we had already begun collecting information about both no-bid contracts and the state’s PPE supply.”

For the fourth time in less than two months, President Donald Trump has fired an inspector general who had stirred up trouble for him or his political allies.

Iowa’s senior Senator Chuck Grassley has championed whistleblowers and inspectors general for decades. Yet just like last month, he declined to condemn Trump’s retaliatory move. Grassley didn’t mention State Department Inspector General Steve Linick’s dismissal on his widely-viewed Twitter feed this weekend. Meanwhile, his office released a statement that dinged Linick for not looking into “the State Department’s role in advancing the debunked Russian collusion investigation.”

Racial disparities continue to widen as the number of novel coronavirus cases grows in Iowa.

Data published on the state’s COVID-19 website on May 17 indicate that Latinos make up 25.1 percent of Iowa’s 14,651 confirmed COVID-19 cases. That’s more than four times the share of Latinos in the state population (6.2 percent according to the latest Census Bureau estimate).

Another 57.1 of Iowans who have tested positive are not Hispanic or Latino, while the remaining 17.8 percent of cases are pending further investigation of the person’s ethnicity.

Iowa’s two first-term members of the U.S. House were among fourteen Democrats to oppose the latest bill drafted to address the novel coronavirus (COVID-19) pandemic. The so-called HEROES Act cleared the lower chamber on May 15 by 208 votes to 199 (roll call). It called for an estimated $3 trillion in spending, including “nearly $1 trillion in aid to battered states, cities and Native American tribes, and another round of bolstered jobless benefits and direct government payments to Americans.”

Republicans in control of the U.S. Senate oppose the bill, so its passage in the House serves primarily to communicate preferred Democratic policy.

Days after announcing the Test Iowa program last month, Governor Kim Reynolds described the expanded capacity to test for coronavirus infections as a “significant advantage” for Iowa compared to other states, and a “tool that allows us to make evidence-based decisions about how to mitigate and manage the virus with precision.”

The governor revealed on May 14 that only a few thousand Iowans had been tested for COVID-19 through a program that was supposed to provide 3,000 tests a day.

Staff at Iowa’s State Hygienic Laboratory have been working around the clock to process tests that reveal the scope of the novel coronavirus epidemic. Governor Kim Reynolds has often lauded their “yeoman’s work” at her daily news conferences.

But as former Vice President Joe Biden famously said, “Don’t tell me what you value, show me your budget, and I’ll tell you what you value.” In real terms, state support for a facility critical to Iowa’s COVID-19 response dropped considerably over the last decade.

The Iowa legislature hasn’t increased dollars allocated to the State Hygienic Lab since 2013, when Senate Democrats insisted on doing so. Not only has state funding failed to keep up with inflation since then, the laboratory’s annual appropriation has yet to recover from a mid-year budget cut in 2018.

A company hired to ramp up Iowa’s capacity to test for novel coronavirus has been sending messages to sick Iowans that could discourage them from seeking a COVID-19 test.

Some people who reported respiratory symptoms when completing the Test Iowa online assessment, but did not qualify for an appointment at a drive-through site, received a message warning that COVID-19 testing “is quite invasive and uncomfortable” and that tests should be reserved “for those who need it the most.”

Neither Nomi Health nor state officials have clarified whether the Iowa Department of Public Health helped write or approved the wording.

Governor Kim Reynolds said on May 11 that it’s “too early” to decide whether to cancel this summer’s county fairs or the Iowa State Fair, which is scheduled to run from August 13 through August 23.

As much as I enjoy the fair, it would be reckless to bring Iowans from every county to mingle at the State Fairgrounds three months from now.

Iowa is among a dozen states picked to receive shipments of the antiviral drug remdesivir for use in treating patients hospitalized for novel coronavirus, the U.S. Department of Health and Human Services announced on May 9. Our state will receive ten cases, which works out to 400 vials of the medication.

Governor Kim Reynolds implied at her latest news conference that when federal officials approved the shipment, they didn’t understand the reasons Iowa’s COVID-19 case counts have been rising. Publicly available information does not support that explanation.

The Iowa Department of Public Health launched a new version of the state’s website for information and statistics on novel coronavirus on May 7.

The updated coronavirus.iowa.gov replaces a dashboard officials rolled out less than a month ago. That site debuted a demographic breakdown of COVID-19 cases and more details than had previously been available about hospital usage by region.

At her May 7 news conference, Governor Kim Reynolds said the latest changes were designed to make it easier for Iowans to access data about the virus.

After the jump I’ve reviewed what struck me as the most significant changes, for better or worse. My list isn’t exhaustive, so I encourage readers to spend some time exploring the website.

The gaslighting was strong during Governor Kim Reynolds’ White House meeting on May 6 and Vice President Mike Pence’s Iowa visit two days later. Pence described Iowa as a COVID-19 “success story” on Wednesday. He elaborated in West Des Moines on May 8,

“Iowa has been leading the way with Governor Kim Reynolds […] From very early on, the strong steps and mitigation efforts have made a difference here. We grieve the loss of life here in Iowa, but the numbers speak for themselves. The outbreak in Iowa has not been like we’ve seen in other states and other metropolitan areas around the country. It’s a tribute to your early, strong steps.”

Meanwhile, Sioux City still tops a national list of “metro areas with the most recent cases and deaths, relative to their population, in the last two weeks.” Waterloo/Cedar Falls is fourth. Confirmed COVID-19 cases are rising rapidly in several smaller counties where Reynolds lifted restrictions on some business activities last week.

But that’s a topic for another day.

I was struck by Reynolds’ failure this week to follow best practices for slowing the spread of the virus.

Iowa Republicans were too clever by half when they slipped language targeting Planned Parenthood into a budget bill last year. Instead of prohibiting state agencies from awarding sex education grants to all entities that provide abortions, GOP lawmakers wrote an exception into the law so that UnityPoint facilities could remain eligible for the funding.

For that reason, a Polk County District Court determined this week that the prohibition violated the Iowa Constitution’s equal protection guarantee.

Karl Keeler, president of MercyOne Central Iowa Medical Center, told staff during a May 5 information session that “We have a lot of work to do” to stay safe from novel coronavirus, since Iowa is among five states with the highest level of community spread. The hospital group has adopted new rules requiring patients and visitors as well as staff to wear masks at its facilities.

Keeler also said the 77 patients hospitalized with COVID-19 infections at MercyOne’s Des Moines and West Des Moines facilities as of May 5 was “the highest we’ve had.” The number of Iowans in the hospital because of coronavirus has steadily climbed, reaching a new statewide high of 414 on May 6.