Governor Terry Branstad has often appointed unsuccessful Republican candidates to state positions, and this week he named Adam Gregg, the GOP nominee for Iowa attorney general, to be Iowa State Public Defender. I’ve enclosed the press release after the jump. It contains background on Gregg, who worked as a staffer in the governor’s office before running against longtime Democratic incumbent Tom Miller. I don’t anticipate Gregg having any trouble being confirmed by the Iowa Senate.

The Des Moines rumor mill says Miller will retire at the end of his ninth term as attorney general. An race for that position would likely attract many candidates in both parties. I expect Gregg to seek the office in 2018, along with Branstad’s legal counsel Brenna Findley, who was the GOP challenger to Miller in 2010. Several Republicans in the Iowa House or Senate might give this race a look, especially if there are no open Congressional seats on the horizon.

For those wondering whether Gregg or Findley performed better against Miller, the answer depends on how you look at it. Both of the challengers raised quite a bit of money for first-time candidates seeking a statewide office. Gregg raised $191,359 in his first month and a half as a candidate, then nearly another $200,000 before the election; see here and here. Findley also raised hundreds of thousands of dollars for her 2010 race; see here, here, and here.

Both Gregg and Findley campaigned energetically around the state, visiting all 99 counties and attending hundreds of public events. In 2010, when total turnout was 1,133,429 for the midterm election, Miller received 607,779 votes to 486,057 for Findley (there were a smattering of write-ins and 38,605 “under votes,” meaning voters left that part of the ballot blank).

This year total turnout was a bit higher at 1,142,226, and Miller received 616,711 votes to 481,046 for Gregg (there were more write-ins and 43,016 under votes).

So Findley received a slightly higher share of the two-party vote, but she also had way more help. Branstad talked up her campaign all year and appeared in one of her television commercials. She was able to run far more radio and tv ads statewide, thanks to more than half a million dollars in transfers from the Republican Party of Iowa. Gregg didn’t get anything like that kind of assistance or exposure, so arguably he got more bang for his campaign bucks.

I’m intrigued that an ambitious young conservative politician wanted to serve as the state public defender. It’s an important job, and I hope Gregg does it well. Some of my favorite people have worked as public defenders. But there’s no getting around the fact that his office will be defending some unsavory characters. The job is risky in that next time Gregg is a candidate for public office, rivals could run “Willie Horton” ads against him highlighting onetime clients who committed horrible crimes.

Polls across Iowa close in just a few minutes, and I’ll be updating this post with results throughout the evening. Any comments about any of today’s races, in Iowa or elsewhere, are welcome in this thread.

Many races on the east coast and in the Midwest have already been called. As expected, Republicans picked up the U.S. Senate seats in West Virginia, Arkansas, and South Dakota. Louisiana will go to a runoff in December. Jeanne Shaheen held the New Hampshire Senate seat for Democrats, but Kay Hagan may be in trouble in North Carolina, and in a potentially stunning upset, Mark Warner is behind in Virginia. He needs a strong turnout in the DC suburbs.

As state-level results come in, these are the key Iowa Senate races to watch, and these are the key Iowa House races to watch. For the last four years, Democrats have held a 26-24 Iowa Senate majority. For the last two years, Republicans have held a 53-47 Iowa House majority.

UPDATE: Polls are closed and further updates will be after the jump. News organizations called the governor’s race for Terry Branstad immediately.  

Happy election day to the Bleeding Heartland community. The weather forecast looks good for most parts of Iowa. Polls are open everywhere from 7 am to 9 pm. It’s too late to mail absentee ballots, but you can still hand-deliver completed absentee ballots to your county auditor’s office, or “surrender” you ballot at your regular polling place, then vote with an ordinary ballot.

Three new polls of the U.S. Senate race came out on Monday. Quinnipiac found Bruce Braley and Joni Ernst tied at 47 percent. (That pollster’s previous Iowa survey had Ernst leading by 49 percent to 45 percent.) Fox News found Ernst ahead by 45 percent to 44 percent. Public Policy Polling found Ernst ahead by 48 percent to 45 percent.

All three polls confirmed my belief that the Des Moines Register’s Iowa poll by Selzer & Co was an outlier. No other survey has found Ernst above 50 percent or ahead by such a large margin. If she does win the IA-Sen race by 7 points, I will declare Ann Selzer a polling genius.

Incidentally, the new polls also found Governor Terry Branstad ahead of Democratic challenger Jack Hatch by a smaller margin than in the Register’s final Iowa poll. Quinnipiac found Branstad ahead by 52 percent to 41 percent. That was similar to Public Policy Polling’s finding of Branstad at 54 percent and Hatch at 43 percent. Fox News found a bigger lead for the governor: 53 percent to 36 percent.

PPP has been the only firm to consistently poll down-ballot statewide races in Iowa this year. Its final poll found Democrat Brad Anderson ahead in the secretary of state race, with 44 percent support to 38 percent to Paul Pate and 3 percent each for Jake Porter and Spencer Highland. (Porter, a Libertarian, received about 3 percent of the statewide vote in the 2010 secretary of state race.)

PPP found State Auditor Mary Mosiman leading her Democratic challenger by 46 percent to 41 percent. State Treasurer Mike Fitzgerald is ahead of his Republican challenger Sam Clovis by 48 percent to 38 percent, with Libertarian Keith Laube pulling 5 percent. Iowa Secretary of Agriculture Bill Northey has a comfortable 51 percent to 33 percent lead over Democrat Sherrie Taha, with a minor-party candidate pulling 5 percent. Finally, Attorney General Tom Miller leads Republican Adam Gregg by 55 percent to 36 percent.

While canvassing in Windsor Heights and Clive on Saturday, Sunday, and Monday, I didn’t see any Republicans knocking on doors, nor did I see Republican campaign literature on doorknobs or front porches. Another Democratic canvasser in a different part of the state had a similar experience. I would like to hear from Bleeding Heartland readers about what you’ve seen of the Republican “ground game” during the final days. As far as I can tell, the GOP has relied mainly on robocalls and perhaps live-caller phone-banking. Republicans paid for many robocalls in the final days.

Speaking of robocalls, many Democratic households in the third Congressional district (including mine) received a call Monday evening recorded by Senator Chuck Grassley, making the case for David Young.

Any comments related to today’s election are welcome in this thread.

P.S. – A testy exchange with a reporter about how President Barack Obama has handled the ebola outbreak underscored why Joni Ernst’s handlers didn’t want her sitting down with most Iowa newspaper editorial boards.

The Des Moines Register dropped a hammer on Iowa Democrats this evening with the latest statewide poll by Selzer & Co. The Register’s new poll finds Joni Ernst ahead of Bruce Braley by 51 percent to 44 percent, leading Braley in all four Congressional districts, and winning independent voters by 12 points. The poll looks like an outlier to me, compared to most other surveys that were in the field these past two weeks. No other poll has found Ernst above 50 percent this fall, and no non-partisan poll has found her leading Braley by more than four points. Of the ten other polls in the field during the last two weeks, two found Braley ahead by one point, two found the race tied, two found Ernst ahead by one point, and four found her ahead by margins between two and four points.

On November 5, either Ann Selzer will look like a genius, or a bunch of other pollsters (whose surveys found a close race here) will laugh.

The problem for Democrats is that the Register’s Iowa poll always generates more media coverage than any other poll. Even if this poll turns out to be an outlier, it could depress volunteers during the final days. A good GOTV program can overcome a one-point deficit but not seven points.

The Register’s latest poll found Governor Terry Branstad ahead of Democratic challenger Jack Hatch by 59 percent to 35 percent, one of the biggest leads any poll has found for Branstad. Selzer only polled on two other statewide races. Democratic Attorney General leads challenger Adam Gregg by 50 percent to 39 percent. The secretary of state race looks too close to call, with Republican Paul Pate ahead of Democrat Brad Anderson by 44 percent to 41 percent.

P.S. – There’s still plenty of time to enter Bleeding Heartland’s election prediction contest.

UPDATE: Below I’ve added excerpts from the Register’s analysis of the Selzer poll, along with the Braley campaign’s reaction, calling the Register poll an “outlier.”

SECOND UPDATE: Added more commentary on Senate polling below.

Catching up on news from last week, on October 2 U.S. District Court Judge Kimberly Mueller threw out a lawsuit brought by six states, including Iowa, seeking to block California’s law on egg production standards. Governor Terry Branstad joined that lawsuit in March, after Representative Steve King failed to use the federal Farm Bill as a vehicle for overturning the California law.

Bleeding Heartland covered the plaintiffs’ case against the egg production standards here. I predicted the lawsuit would fail because “1) the law does not ‘discriminate’; 2) the law does not force any conduct on egg producers outside the state of California; and 3) overturning this law would prompt a wave of lawsuits seeking to invalidate any state regulation designed to set higher standards for safety, public health, or consumer protection.”

In fact, the case never got to the point of the judge considering those legal arguments. If I were an attorney, I might have foreseen the reason Judge Mueller dismissed the lawsuit: lack of standing. You can download the 25-page ruling here (document number 102) and read pages 15 to 23 to understand her full reasoning. Daniel Enoch summarized it well for AgriPulse:

“Plaintiffs’ arguments focus on the potential harm each state’s egg farmers face,” Mueller wrote in her 25-page decision. “The alleged imminent injury, however, does not involve an injury the citizens of each state face but rather a potential injury each state’s egg farmers face when deciding whether or not to comply with AB 1437.” In other words, they failed to show that the law does real harm to citizens, instead of possible future harm to some egg producers.

“It is patently clear plaintiffs are bringing this action on behalf of a subset of each state’s egg farmers,” Mueller wrote, “not on behalf of each state’s population generally.”

Mueller dismissed the case “with prejudice,” meaning plaintiffs cannot amend their claim and re-file. Plaintiffs including Iowa Attorney General Tom Miller are considering their legal options. While they could appeal the dismissal, I doubt they would prevail in a U.S. Appeals Court.

The Des Moines Register’s write-up by Matthew Patane and Donelle Eller highlighted the alleged harm California’s law will do to Iowa agriculture when it goes into effect on January 1. I’ve posted excerpts after the jump. I was disappointed that the Register’s reporters led with the spin from “Iowa agricultural leaders” and buried in the middle of the piece a short passage explaining why the lawsuit failed (states can’t serve as a legal proxy for a small interest group). Patane and Eller did not mention that if courts accept the reasoning of egg law opponents, a possible outcome would be invalidating any state law or regulation designed to set higher standards for safety, public health, or consumer protection.

Comments provided to the Register by Governor Branstad, Iowa Secretary of Agriculture Bill Northey, and others reinforce Judge Mueller’s determination that the lawsuit was designed to protect a group of agricultural producers rather than citizens as a whole. A lot of Iowa Democrats bought into the poultry producers’ industry constitutional arguments as well.

UPDATE: Added below Branstad’s latest comments. He is either confused about the ruling or determined not to acknowledge the real legal issue.

SECOND UPDATE: Added comments from Representative Steve King and Sherrie Taha, the Democratic nominee for Iowa Secretary of Agriculture.

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

The weather is perfect in Indianola this afternoon for the roughly 5,000 people expected to attend Senator Tom Harkin’s final “Steak Fry” event. At least 200 journalists will be on hand, mostly to see Hillary Clinton’s first appearance in Iowa since the 2008 caucuses. If you see a lot of “Hillary doesn’t appear to have much of an Iowa problem” stories tonight and tomorrow, remember that you heard it here first, and repeatedly.

I stand by my prediction that Hillary Clinton will face only token Democratic opposition in Iowa and elsewhere if she runs for president again. But in case she doesn’t run, 2012 Harkin Steak Fry headliner Martin O’Malley is building up a lot of goodwill among Iowa Democrats. In addition to raising money for key Iowa Senate candidates this summer, the Maryland governor’s political action committee is funding staffers for the Iowa Democratic Party’s coordinated campaign, gubernatorial nominee Jack Hatch, and secretary of state candidate Brad Anderson. I still don’t see O’Malley running against Clinton in any scenario.

President Bill Clinton will speak today as well. That’s got to be a tough act to follow. No one can get a crowd of Democrats going like he can. I’ll update this post later with highlights from the event and news coverage. I hope other Bleeding Heartland readers will share their impressions. C-SPAN will carry the main speeches, starting at 2:00 pm. That will be on channel 95 in the Des Moines area.

Kathie Obradovich’s latest column for the Des Moines Register summarized conclusions from a research project by Chris Larimer, associate professor of political science at the University of Northern Iowa. According to Obradovich, after studying Iowa governors’ job approval ratings and interviewing 23 “politicos” from around the state, Larimer concluded that Iowa governors (other than Chet Culver) have been regularly re-elected because most of them met public expectations for a lot of personal contact with the governor. Governor Terry Branstad has visited every county every year. Governor Tom Vilsack did annual walks across Iowa.

I haven’t read Larimer’s draft, but I think he’s missing a few points. While it’s clearly a political asset for governors to be visible around the state, I doubt that is the biggest factor in Iowans’ tendency to re-elect our incumbents.

The Iowa State Fair opened a few minutes ago and runs through August 17. I’m a big fan of the event, and after the jump, I’ve posted some of my favorite tips for enjoying the fair, along with the schedule for candidate appearances at the Des Moines Register’s “soapbox” on the Grand Concourse. The Register will live-stream speeches by candidates for U.S. Senate, U.S. House, governor, as well as a few nationally known politicians from out of state.

The fair has almost endless free entertainment, but bring cash with you anyway, because the State Fair board had to backtrack on plans to eliminate cash purchases for food. Instead, vendors have been encouraged to accept credit and debit cards. I suspect most will stick with a cash-only system.  

No Republican stepped up to run against Iowa Attorney General Tom Miller in time to appear on the primary election ballot, but yesterday Adam Gregg announced that he will seek the GOP nomination for attorney general at the state party convention later this month. Gregg worked in private practice for the Des Moines-based Brown Winick law firm before joining Governor Terry Branstad’s staff as a legislative liaison in 2012. (He’s quitting that job to run for office.) His press release touted his work to help pass “the largest tax cut in Iowa’s history, historic education reform, and a state based, Iowa alternative to Obamacare.” The tax cut refers to the property tax reform approved during the 2013 legislative session. The Iowa Health and Wellness Plan is more accurately described as an alternative to Medicaid expansion rather than an alternative to “Obamacare.” Iowa is still implementing the 2010 Affordable Care Act.

Gregg promised “to fight everyday for Iowa families, Iowa farmers, and our constitutional freedoms,” to “be an advocate for open government,” and to “hold Washington, DC accountable when the federal government oversteps its bounds.” Around the country, many Republican state attorneys general have used the job to grandstand against federal policies they don’t like for ideological reasons. Sounds like Gregg will be emulating that model.

I don’t give him much chance of beating Tom Miller. Four years ago, Brenna Findley got in the race early and ran a strong and well-financed campaign, only to come up well short amid a huge Republican landslide. Running a statewide campaign will raise Gregg’s profile, though, and possibly open doors to future political jobs. The Des Moines rumor mill expects Miller to retire rather than seek another term in 2018. In that case, Gregg could join Findley as prominent candidates in a much more winnable race.

Iowa Attorney General Tom Miller has endorsed Assistant Attorney General Nathan Blake in the Democratic primary to represent Iowa Senate district 17. State Senator Jack Hatch is running for governor rather than seeking re-election in that heavily Democratic seat. Blake, former State Senator Tony Bisignano, and former State Representative Ned Chiodo are competing in the Democratic primary. No Republican has filed to run for the seat covering much of downtown Des Moines and the south side of the capital city (this post includes a detailed map). Several organized labor groups are backing Bisignano. Chiodo’s supporters include U.S. Senator Tom Harkin.

After the jump I’ve posted Miller’s statement, which the Des Moines Register published as a letter to the editor on May 10. I’ve also enclosed Blake’s biography.

While Miller’s public support for the assistant attorney general covering consumer protection is no surprise, it will likely enrage Chiodo. In a court challenge to Bisignano’s eligibility, Chiodo argued that Miller should have recused himself from the three-member panel that originally cleared Bisignano to run for office despite an aggravated misdemeanor. Chiodo’s court filing asserted that Miller had a conflict of interest, since Blake potentially would benefit from two heavyweights of south-side politics splitting the primary vote.

A Polk County District Court judge rejected that argument, and the Iowa Supreme Court did not rule on whether Miller should have recused himself when five justices determined Bisignano was eligible to run for office.

Any comments about the Senate district 17 race are welcome in this thread. From what I’ve heard, Chiodo was the first to go negative (against Bisignano) in direct mail. I encourage Bleeding Heartland readers who live in the district to save campaign flyers or mail pieces and, if possible, send me scanned copies: desmoinesdem AT yahoo.com . Before the June 3 primary, I plan to post an overview of key arguments for and against each candidate. I am encouraging my friends in the district to vote for Blake. Not only is Blake capable and progressive, I think the Iowa Senate has plenty of long-serving elected Democrats and would benefit from some new blood.

Blake’s official bio also notes that if elected, he “would be the first Latino to serve in Iowa’s legislature.” Two Latina Democrats are running for the statehouse this year as well: Maria Bribriesco against Senator Roby Smith in Senate district 47, and Karyn Finn against Republican incumbent Walt Rogers in House district 60. CORRECTION: Bleeding Heartland user Mitch notes in the comments that I forgot to mention Maria Rundquist, a Latina who is one of two Democrats challenging incumbent Rick Bertrand in Iowa Senate district 7.

A three-way Democratic primary is assured in Iowa Senate district 17, as the Iowa Supreme Court announced this afternoon that it has affirmed a district court ruling on Tony Bisignano’s eligibility to run for office. Rival candidate Ned Chiodo filed a lawsuit last month, saying Bisignano’s recent aggravated misdemeanor conviction for second-offense OWI should be considered an “infamous crime.” The Iowa Constitution disqualifies citizens convicted of “infamous crimes” from exercising the privileges of “electors.”

Chief Justice Mark Cady wrote the plurality opinion, joined by Justices Daryl Hecht and Bruce Zager. Overturning Iowa Supreme Court precedents set in 1916 and 1957, the court ruled that “infamous crimes” cannot be interpreted to mean any crime punishable by a prison sentence, including aggravated misdemeanors. On the other hand, the court did not simply accept the 1994 law defining “infamous crimes” as felonies. Citing historical references including an 1839 Iowa territorial statute, the plurality argues that not all felonies are “infamous,” and that the words had different meanings at the time the Iowa Constitution was adopted in the 1850s. It did not go on to define which felonies should be considered infamous crimes in the present context.

Justice Edward Mansfield wrote a concurring opinion, joined by Justice Thomas Waterman. The concurrence agrees that Bisignano retains his rights as an elector, because aggravated misdemeanors cannot be considered “infamous crimes.” However, Mansfield would have accepted the bright-line definition from the 1994 state law, equating felonies with “infamous crimes.” He warned that the plurality opinion would serve as a “welcome mat” for future litigation from felons claiming that they should be entitled to vote, because their convictions were not for “infamous crimes.” On balance, I agree most with Mansfield’s opinion.

Justice David Wiggins dissented, arguing that the court should not have rewritten “nearly one hundred years of caselaw.” He would have found Bisignano ineligible to run for office under the longstanding precedent that “infamous crime” means any crime punishable by a prison sentence. Wiggins’ dissenting opinion does not accept the 1994 law which defined “infamous crimes” as felonies, because interpreting the state Constitution is a job for the Iowa Supreme Court, not the state legislature.

Justice Brent Appel recused himself from this case.

The Iowa Supreme Court did not rule on Chiodo’s separate claim that Attorney General Tom Miller should have recused himself from the panel that allowed Bisignano to remain on the ballot. Chiodo argued that Miller had a conflict of interest, because one of his employees, Assistant Attorney General Nathan Blake, is also seeking the Democratic nomination in Senate district 17.

You can read the Iowa Supreme Court’s three opinions in this case here (pdf). After the jump I’ve enclosed summaries and excerpts from each opinion. I also included a statement from Bisignano hailing the ruling and announcing several more labor union endorsements.

One thing’s for sure: today’s ruling won’t be the last attempt by the Iowa Supreme Court to clarify the definition of “infamous crimes.”

UPDATE: Added Nathan Blake’s comment below. SECOND UPDATE: Added more thoughts about the implications of this case.

Polk County District Court Judge David Christensen on April 2 rejected Ned Chiodo’s appeal against a panel decision allowing Tony Bisignano to run for Iowa Senate district 17. Chiodo, Bisignano, and Nathan Blake all qualified for the Democratic primary ballot in the seat Senator Jack Hatch is vacating in order to run for governor. Chiodo challenged Bisignano’s eligibility to run for office, citing a drunk driving offense that is an aggravated misdemeanor. A panel of Attorney General Tom Miller, State Auditor Mary Mosiman, and Secretary of State Matt Schultz concluded that Bisigano could run, because Iowa Code specifies felony convictions (not aggravated misdemeanors) as disqualifying citizens from voting or running for office.

Chiodo’s appeal in Polk County District Court rests on two legal arguments: Miller should have recused himself from the panel deciding whether Bisignano is eligible, and Bisignano’s second-offense OWI should be considered an “infamous crime” under Iowa case law. Judge Christensen concluded that Chiodo “failed to assert sufficient grounds to disqualify the Attorney General from serving on the Panel,” nor was Chiodo “prejudiced by the inclusion of the Attorney General in the Panel.”

After the jump I’ve posted the second half of Judge Christensen’s ruling. Although three Iowa Supreme Court decisions indicate that crimes punishable by a prison sentence can be considered “infamous crimes,” the Iowa legislature has since spelled out its clear intention to revoke the rights of electors only in cases of felonies. The judge denied Chiodo’s petition for review, since he “failed to carry his burden to show that the Panel’s decision was unconstitutional,” and there was no evidence that decision was “based upon an erroneous interpretation of a provision of law,” or illogical, arbitrary, capricious, or an abuse of discretion. The judge ordered Chiodo to pay court costs.

The Iowa Supreme Court is likely to have the final say on this matter, but I find it hard to imagine they will disqualify Bisignano. Doing so would potentially disenfranchise tens of thousands of Iowans with aggravated misdemeanor convictions.

State Senator Jack Hatch will be unopposed on the Democratic primary ballot for governor. The Iowa Supreme Court issued a short opinion on March 31 affirming without comment a District Court’s decision rejecting Jonathan Narcisse’s claim that he submitted enough signatures to seek the Democratic nomination for governor. The Supreme Court justices agreed to hear the case on an expedited schedule because primary ballots need to be sent to the printer soon. They did not explain the reasoning behind affirming the lower court’s decision. Reports last week indicated that three of the seven Iowa Supreme Court justices would hear Narcisse’s appeal: David Wiggins, Daryl Hecht, and Edward Mansfield. However, the ruling released yesterday indicates that all justices concurred except for Brent Appel, who recused himself.

Speaking by telephone this morning, Narcisse confirmed that he will run a write-in campaign for the Democratic primary. He said he was “disappointed the Supreme Court affirmed the decision without reviewing the evidence.” He acknowledged his campaign’s oversight in not making sure the “governor” line was filled in on all the nominating petitions: “Ultimately, this happened because we messed up, but the law was not equitably applied. This was not a disqualifiable offense.” He particularly objected to how the District Court considered a 2012 election law ruling from Arizona but rejected as evidence the Iowa panel ruling from the same year allowing State Senator Joe Seng to run for Congress, despite missing information on some of his nominating petitions.

Narcisse said he has “no illusions about a write-in campaign” but is compelled to keep talking about issues that need to be addressed, including the “disparity in justice,” the “phony war on drugs which is really a war on the poor,” and Iowa’s “bipartisan alliance brutalizing poor working people.” In his view, Hatch “has not fought the good fight the way he should have.” Narcisse said he has not decided yet whether he would mount a second bid for governor as an independent.

After the jump I’ve posted a more extensive comment from the Narcisse campaign about the lower court’s ruling on his ballot access.

UPDATE: Added a comment below from Alfredo Parrish, who represented Narcisse.

Gubernatorial candidate Jonathan Narcisse plans to fight for inclusion on the Democratic primary ballot. The Iowa Secretary of State’s Office rejected some of his petitions because the line listing the office he was seeking was left blank. After the jump I’ve posted a statement from Narcisse blasting what he called a “gross act of political disenfranchisement” to use a “technicality” to keep him off the ballot. I also enclosed the letter Director of Elections Sarah Reisetter sent to Narcisse and an example of one of the invalid signature pages, provided by the Iowa Secretary of State’s communications director.

No doubt, some of the people circulating Narcisse’s petitions did not fill all of them out correctly. Iowa law on ballot access is clear, and our rules are less restrictive than those in many other states.

One recent event bolster’s Narcisse’s case, however: two years ago, State Senator Joe Seng was able to get on the Democratic primary ballot in Iowa’s second Congressional district despite the exact same problem with his petitions in two counties. Three senior state officials (Iowa Secretary of State Matt Schultz, Attorney General Tom Miller, and Deputy State Auditor Warren Jenkins) reviewed the matter after a voter in IA-02 challenged Seng’s petitions. That panel unanimously decided “to count a few pages of petition signatures that had previously been tossed out because the top portion – listing Seng’s name, where he was from and what office he was seeking – hadn’t been completely filled out.” Schultz told the media that while “Senator Seng probably should have been more organized,” it was a “close call.” Miller cited an Iowa tradition of “being somewhat favorable, deferential to someone having access to the ballot.”

If Narcisse manages to get on the ballot, he will face State Senator Jack Hatch in the Democratic primary on June 3. Otherwise Hatch will be unopposed for the Democratic nomination.

UPDATE: To clarify, I understand and support the reasoning behind Iowa’s ballot access rules. Senior officials never should have bent the rules to accommodate Seng. Now that they have, Narcisse can claim he deserves the same indulgence. John Deeth notes in the comments that it’s not clear exactly what information was missing from some of the Seng petitions. Perhaps scanned copies still exist somewhere, which would show whether the problem was a blank space where he should have indicated the office he was seeking.  

Governor Terry Branstad’s legal counsel Brenna Findley told the Des Moines Register yesterday that she has decided not to run for Congress in the open third district. She indicated that she plans to continue her work in the governor’s office and teach a course at the University of Iowa law school.

I would guess that the early conservative endorsements for Matt Schultz were in part intended to deter Findley from entering the GOP primary in IA-03. Not only was she seriously considering the race, the National Republican Congressional Committee had reserved the domain name BrennaFindleyforCongress.com. Findley has strong conservative credentials as a product of homeschooling and a longtime staffer for Representative Steve King before running for Iowa attorney general in 2010. She has repeatedly spoken out against illegal immigration and the mandate to purchase individual health insurance. She has arguably helped steer the Branstad administration’s policies to the right on abortion and gun-related issues.

Although Findley won’t run for Congress or statewide office this year, I expect Iowans will see her name on a ballot again sometime before the end of this decade. We may have an open race for attorney general in 2018 if Tom Miller decides to call it quits after nine terms.  

I was skeptical about these rumors, but according to Craig Robinson of The Iowa Republican, Governor Terry Branstad’s legal counsel Brenna Findley “has been meeting people about a congressional run in the Third District.” Findley told the Des Moines Register “that she appreciates the encouragement, but she’s focused on her job” in the Branstad administration. That phrasing falls short of ruling out a Congressional bid.

Follow me after the jump for first thoughts on strengths and weaknesses Findley might bring to a GOP primary campaign. At the end of this post, I’ve enclosed background on the potential candidate from her 2010 campaign bio and the news release announcing her appointment as legal counsel.  

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

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

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

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

It’s time for an update on the legal conflict between Iowa Secretary of State Matt Schultz and voter rights advocates over Schultz’s efforts to remove “potential non-citizen registrants” from Iowa voter rolls. The American Civil Liberties Union of Iowa and the League of United Latin American Citizens of Iowa are suing to block the rule and won an important court victory yesterday. Follow me after the jump for background and details.

Iowa Attorney General Tom Miller launched his campaign for a ninth term today with events in Des Moines, Cedar Rapids, and Dubuque. His official statement, posted below, elaborates on Miller’s recent response to critics of his work and highlights the following “achievements for Iowans in the last three years”:

1. Miller’s “leadership in negotiating the national mortgage servicing settlement with major banks,” resulting in “payment of more than $40 million to Iowa homeowners and funding the Iowa Mortgage Help Hotline, which has helped thousands of Iowans with mortgage foreclosure issues.” (Roughly 6,000 Iowa borrowers received checks for $1,480 as part of the settlement–hardly adequate compensation for losses they suffered because of lenders’ mortgage servicing abuse.)

2. Protecting consumers against various kinds of fraud.

3. Helping to prosecute both violent and white-collar criminals, strengthening laws against child pornography and enticement of minors, improving victim assistance services to Iowans who have suffered from family violence or sexual assault.

4. Saving millions of taxpayer dollars by defending the state in various lawsuits.

5. Protecting the environment through “18 enforcement actions during the last three years involving air pollution, water pollution, and illegal solid waste disposal.”

Miller also promised to work on more issues during his next term, including “abuses by for-profit colleges,” “shoddy debt collection practices,” “ways to strengthen human trafficking and consumer protection laws,” and “the challenges of the e-cigarette.” UPDATE: Radio Iowa posted audio from one of Miller’s press events today.

I have not heard of any Republicans planning to challenge Miller in 2014. He was unopposed in 2006 and defeated Brenna Findley by a comfortable 55.5 percent to 44.4 percent margin in 2010 despite being outspent during the campaign and facing negative television commercials.

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

The Iowa Democratic Party’s Jefferson-Jackson Dinner was an entertaining affair. I’ve posted some highlights after the jump. The “news” of the evening was Senator Chuck Schumer of New York endorsing Hillary Clinton for president, but for my money that wasn’t the most interesting part of his speech.

Although Iowa Attorney General Tom Miller hasn’t made any official announcement about plans to seek a ninth term in 2014, he recently previewed what could become central themes of a re-election campaign. Storm Lake Times editor Art Cullen made a splash in the Iowa newspaper world last month with editorials calling for Miller to retire. Cullen cited the attorney general’s position on open records controversies and his alleged efforts to thwart the work of Iowa’s ombudsman. Newspapers including the Des Moines Register and the Des Moines-based weekly Cityview republished Cullen’s case for Miller to step aside and clear the path for “an attorney general for the people.” Des Moines Register columnist Rekha Basu cited several other troubling examples of how Miller has lost his way in recent years.

To defend his work and “set the record straight,” Miller wrote guest editorials for various publications. You can read his specific rebuttals to Cullen here. I was more interested in the list of achievements he cited as proof that “in the last few years,” the Attorney General’s office has “done more than ever to serve Iowans.” It sounds like the kernel of a stump speech or television commercial to me. I’ve posted those excerpts after the jump.

Please share any relevant thoughts in this thread. I haven’t heard yet about a Republican challenger to Miller, but I would not be surprised to see his 2010 opponent Brenna Findley take another shot next year. She is currently Governor Terry Branstad’s legal counsel and just completed a six-week stint as the governor’s interim chief of staff.

Representative Bruce Braley’s campaign for the U.S. Senate has steadily rolled out endorsements this month. Eight labor unions have backed Braley’s Senate bid so far, joined today by Iowa Attorney General Tom Miller and Iowa State Treasurer Michael Fitzgerald.

Since Braley lacks any competition in the Democratic primary, these endorsements aren’t newsworthy at face value. However, a closer look at the announcements points to five major themes the Braley campaign will highlight over the next 19 months.

UPDATE: Added a sixth theme below.

Leaders of the National Association for the Advancement of Colored People urged Governor Terry Branstad yesterday to change Iowa’s extreme restrictions on voting rights for ex-felons and to address the huge race disparity in Iowa incarceration rates.

Catching up on some news from last week, Iowa House Speaker Kraig Paulsen hired Carmine Boal to be chief clerk in the Iowa House. She replaces Charlie Smithson, who will be the new legal counsel for Iowa Secretary of State Matt Schultz.

Iowa Secretary of State Matt Schultz told the Des Moines Register that he may sue the federal government for access to the Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) database. Schultz needs that database to move forward with a new procedure for removing suspected non-citizens from Iowa’s voter rolls in the future.  

A Polk County District Court judge issued a temporary injunction preventing Iowa Secretary of State Matt Schultz from implementing new rules on removing registered voters before the 2012 general election.

Yesterday a Polk County District Court judge denied Iowa Secretary of State Matt Schultz’s request to dismiss a lawsuit over emergency rules on checking Iowa’s voter rolls for non-citizens.

Meanwhile, on Tuesday Schultz answered questions about the rules at the Iowa legislature’s Administrative Rules Review Committee meeting. His responses didn’t impress the Democratic lawmakers on that committee.

A Polk County District Court judge ruled yesterday that the Libertarian nominee for president, former New Mexico Governor Gary Johnson, met the conditions to qualify for the Iowa general election ballot.

Getting out the vote early was a major theme of President Barack Obama’s campaign rallies in Urbandale and Sioux City yesterday. Democratic candidates for other offices need a strong early vote as well, but there’s no sign the president is concerned about electing Democrats up and down the ticket.

Supporters of Mitt Romney filed an emergency petition for judicial review in Polk County district court yesterday, seeking to reverse a state panel’s decision to allow Libertarian Party presidential nominee Gary Johnson to appear on the Iowa general election ballot.

A three-member panel voted today to allow Libertarian presidential candidate Gary Johnson to be on the Iowa ballot, but supporters of Republican Mitt Romney are expected to take their case to court.

UPDATE: Added more background below on why the Iowa Secretary of State’s office rejected the Libertarians’ first set of petitions to place Johnson on the ballot.

SECOND UPDATE: A Polk County district court will resolve this dispute.

Iowa Secretary of State Matt Schultz has asked a Polk County district court judge to dismiss a lawsuit over emergency voter roll maintenance rules and reject the plaintiffs’ efforts to prevent the state from implementing the new procedures. Accompanied by Attorney General Tom Miller at a joint press conference today, Schultz made his case for the new rules and the procedure through which he enacted them. This pdf file contains Schultz’s affidavit and supporting documents filed with the Polk County district court on August 16. The American Civil Liberties Union of Iowa and the League of United Latin American Citizens filed a lawsuit on August 8 challenging the rules.

After the jump I’ve posted the full text of the Secretary of State’s press release and transcribed a timeline Schultz provided to reporters today. I also enclosed details on the normal administrative rulemaking process, which provides opportunities for public comment and legislative review before new rules go into effect. While Miller defends the new rules as a “balance between ensuring voting integrity and preventing voter suppression,” I share the Des Moines Register’s view that Schultz’s proposed procedure “could prompt some legitimately registered voters to withdraw their registration to avoid risking criminal prosecution.”

The Iowa Department of Public Safety announced last week that it is halting electrical inspections of farm buildings. The move is consistent with Governor Terry Branstad’s opinion that the inspections are an unlawful bureaucratic overreach. One way or another, a court will probably decide whether the Electrical Examining Board or the Branstad administration violated state law.

What’s on your mind this weekend, Bleeding Heartland readers? Many laws approved during the 2012 legislative session go into effect today. After the jump I’ve posted links about some of the new laws and the end of the road for the Malcolm Price Laboratory School in Cedar Falls. I also included excerpts from a good article by Steve Gravelle, who examined the impact of Iowa’s public smoking ban four years after it became statewide law.

This is an open thread.

The U.S. Supreme Court today upheld the constitutionality of the 2010 Affordable Care and Patient Protection Act, better known as health care reform. I am shocked not only by the decision, but by the 5-4 breakdown with Chief Justice John Roberts (not Justice Anthony Kennedy) being the swing vote in favor of upholding the law. Most commentators and the betting site Intrade thought the court would strike down at least the individual mandate to purchase health insurance, if not the whole law. To her credit, Linda Greenhouse of the New York Times consistently predicted that Roberts would vote to uphold the law.

Any comments related to health care reform are welcome in this thread. I will update this post frequently during the day as Iowa elected officials, candidates, and activist groups weigh in on the decision.  

Iowa Governor Terry Branstad has joined a lawsuit seeking to overturn a U.S. Environmental Protection Agency rule that would gradually reduce mercury and other toxic emissions from power plants. Meanwhile, a group of state attorneys general including Tom Miller of Iowa have asked a U.S. Court of Appeals to uphold the EPA rule.

President Barack Obama visits Newton today to talk about clean energy initiatives. Later, he is headlining a large campaign rally at the Iowa State Fairgrounds in Des Moines. News clips and comments from members of Iowa’s Congressional delegation are after the jump. I’ll update later with news from the rally.

Any comments about energy policy or the presidential race are welcome in this thread. Obama’s campaign rolled out two more television commercials in Iowa this week, which Bleeding Heartland will discuss tomorrow.

UPDATE: Governor Branstad signed Senate File 2342 on May 25.

Iowa lawmakers always cram so much action into the last few days of the legislative session. Instead of writing one long news roundup on the final decisions by the Iowa House and Senate, I’m covering specific issues in separate Bleeding Heartland posts this year.

Rod Boshart posted a good, comprehensive list here on what bills did and didn’t pass during the 2012 legislative session. Follow me after the jump for details on a good renewable energy bill, which made it through at the eleventh hour, and some thoughts on the nuclear power bill, which for the second year in a row didn’t make it to the Iowa Senate floor.

Iowa Attorney General Tom Miller was one of 16 state attorneys general to file a federal antitrust lawsuit yesterday against Apple Inc. and three major U.S. publishers. The complaint alleges that the publishers and Apple conspired to raise prices on electronic books, causing consumers to be overcharged by more than $100 million. The U.S. Department of Justice filed a similar lawsuit against Apple and two publishers in a different federal court.

The U.S. Court of Appeals for the Eighth Circuit has affirmed a lower court’s dismissal of a lawsuit challenging Iowa’s merit selection system for judges. Follow me after the jump for background on yesterday’s ruling.