# Iowa House



Massive Iowa Legislature linkfest (post-funnel edition)

The Iowa Legislature has been moving at an unusually fast pace during the shortened 2010 session. It’s time to catch up on what’s happened at the statehouse over the past three weeks. From here on out I will try to post a legislative roundup at the end of every week.

February 12 was the first “funnel” deadline. In order to have a chance of moving forward in 2010, all legislation except for tax and appropriations bills must have cleared at least one Iowa House or Senate committee by the end of last Friday.

After the jump I’ve included links on lots of bills that have passed or are still under consideration, as well as bills I took an interest in that failed to clear the funnel. I have grouped bills by subject area. This post is not an exhaustive list; way too many bills are under consideration for me to discuss them all. I recommend this funnel day roundup by Rod Boshart for the Mason City Globe-Gazette.

Note: the Iowa legislature’s second funnel deadline is coming up on March 5. To remain alive after that point, all bills except tax and appropriations bills must have been approved by either the full House or Senate and by a committee in the opposite chamber. Many bills that cleared the first funnel week will die in the second.  

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Pharmacy Board unanimously recommends legalizing medical marijuana

The Iowa Board of Pharmacy voted 6-0 today to recommend that Iowa legislators reclassify marijuana from a Schedule I narcotic to a Schedule II narcotic. Schedule II drugs have a “currently accepted medical use in treatment in the United States.”

In April 2009, a Polk County judge instructed the Iowa Board of Pharmacy to examine evidence on possible medical uses for marijuana. Last summer the board declined to reclassify marijuana in Iowa but ordered public hearings on the subject.

The Iowa legislature’s “funnel” deadline passed last Friday with no action on a bill to legalize medical marijuana, meaning the issue is dead for the 2010 session. Leadership can bring up new bills after the funnel deadline, but I would be surprised if House and Senate leaders used that prerogative to move a medical marijuana bill forward during a shortened legislative session.

That said, lawmakers should not fear a political backlash if they do approve a bill legalizing marijuana for medical use in Iowa. In the latest Selzer and Co. statewide poll for the Des Moines Register, 64 percent of respondents supported “allowing medical marijuana,” while only 33 percent opposed the idea. I was surprised by how little opinions on this issue varied by the respondents’ age. Medical marijuana was supported by 67 percent of respondents 18-34, 67 percent of those aged 35-54, and 60 percent of those over 55. Younger Iowans were twice as likely as those over 55 to support legalizing marijuana for recreational use.

Who is the most clueless Iowa legislator?

A couple of years ago, I would have said State Representative Dwayne Alons (House district 4). Longtime Bleeding Heartland readers may remember Alons as the guy who asserted during a committee hearing on greenhouse gas emissions that global warming would be good for Iowa because warmer temperatures helped ancient Mayans grow taller and stronger than today’s men and women. The following year, Alons remarked, “We shouldn’t be as concerned, actually, about warming, especially now that we have modern refrigeration and air conditioning.”

Alons sets the bar high in terms of cluelessness, but after reading this piece by Jason Hancock today, I think State Representative Jason Schultz (House district 55) could give him a run for his money. Schultz has introduced House File 2313, which stipulates,

 1  1    Section 1.  NEW SECTION.  602.1100  Judicial authority.

 1  2    1.  A judicial officer shall not use judicial precedent,

 1  3 case law, penumbras, or international law as a basis for

 1  4 rulings.  A judicial officer shall only use the Constitution

 1  5 of the United States, the Constitution of the State of Iowa,

 1  6 and the Code of Iowa as the basis for any ruling issued by such

 1  7 judicial officer.    The only source material that may be used

 1  8 for interpreting the Constitution of the United States by a

 1  9 judicial officer in this state shall be the Federalist papers

 1 10 and other writings of the founding fathers to describe the

 1 11 intent of the founding fathers, and if such source material is

 1 12 used, the full context of the source material must be used by

 1 13 the judicial officer.

 1 14    2.  This section is not reviewable by the court.

 1 15    3.  A violation of this section by a judicial officer shall

 1 16 be considered malfeasance in office and subjects the judicial

 1 17 officer to impeachment under chapter 68.

Bad ideas are not in short supply at the Iowa Capitol, but Schultz has taken things to a new level of stupidity here. No precedent and no case law, really? I have never heard of a so-called “strict constructionist” who would prohibit judges from citing previous court rulings in forming their opinions. In effect, Schultz is saying judges have to reinvent the wheel in almost every case. Yet conservative jurists usually lean toward respecting precedent.

Schultz would not allow any judge to consult historians’ work on the Constitution or the Federalist Papers either, as if there can be no ambiguity about what 18th-century language was meant to convey.

Mr. desmoinesdem reminds me that even U.S. Supreme Court Justice Antonin Scalia, a critic of citing foreign law in U.S. courts, has cited international law before when interpreting a treaty. In a recent case Scalia even cited the Babylonian Talmud, which is more than 1,000 years old.

If you’re wondering why Schultz wants to ban “penumbras,” that term alludes to the idea that there is a right to privacy, even though the Bill of Rights does not contain the word “privacy.”

Schultz’s bill isn’t going anywhere, and Drake University law professor Mark Kende notes that it would be unconstitutional in any event.

Like many Iowa Republicans, Schultz appears not to have a solid grasp of the judicial review concept. His support for a bill that would restore elections for Iowa Supreme Court justices indicates that he’s not sold on judicial independence. But even in the context of bad Republican ideas, House File 2313 stands out. Schultz is angry that the Iowa Supreme Court cited Iowa case law in its Varnum v Brien ruling last year, so the solution must be to ban judges from considering case law.

Not only is Schultz ignorant, he also demonstrated an impressive mean streak by introducing a bill this session “that would remove protections for gay, lesbian and transgender students from an anti-bullying law passed in 2007.” (More on that here.)

Iowa politics-watchers, who do you think is the most embarrassingly ill-informed member of the Iowa legislature? Make your case in this thread or e-mail me confidentially: desmoinesdem AT yahoo.com.  

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Kent Sorenson wants to bring back Iowa Supreme Court elections (updated)

Republican State Representative Kent Sorenson is trying to amend the Iowa Constitution to bring back elections for the seven state Supreme Court justices.

Republicans Dwayne Alons and Jason Schultz joined Sorenson in introducing House Joint Resolution 2013 this week. It would amend the constitution to require Supreme Court justices to be elected to six-year terms. Lower-court judges would continue to be appointed, as they have been since Iowa approved a constitutional amendment in 1962 to eliminate judicial elections. Under the current system, the governor appoints district and Supreme Court judges from lists of nominees submitted by judicial nominating commissions.

Other social conservatives have vowed to defeat the three Supreme Court justices who are up for retention in 2010 because of last year’s Varnum v Brien ruling, which cleared the way for same-sex marriage in Iowa. But even that isn’t good enough for Sorenson and his allies. They are so upset about one court ruling that they would toss out a method for selecting judges which has worked well for nearly a half-century. The Des Moines-based American Judicature Society has plenty of resources on the importance of judicial independence and the benefits of a merit-based system over judicial elections. The U.S. Supreme Court’s recent Citizens United case lifted restrictions on corporate spending to influence elections, providing another reason not to mess with Iowa’s judicial selection process.

Sorenson’s constitutional amendment probably won’t go anywhere, but he may use the proposal as a rallying cry in his campaign against Staci Appel in Iowa Senate district 37 this year. Appel’s husband, Brent Appel, is an Iowa Supreme Court justice. He is not up for retention this November.

UPDATE: Via the latest from Todd Dorman I learned that State Representative Rod Roberts, a Republican candidate for governor, has introduced his own constitutional amendment:

His proposal, House Joint Resolution 2012, calls for appointing nine justices – one from each judicial district and one at-large. It would require justices to continue to live in the district as long as they sit on the court.

“Even people in the legal profession tell me this would help the court get connected at the grass roots level,” he said.

Dorman comments,

Justices should answer to the state constitution, the law and precedent, not to public sentiment. They’re appointed through a bipartisan, drama-free process that focuses on their experience and qualifications. They already face regular retention votes.

So explain to me why we would throw out that system in favor of open electioneering. It’s a horrible idea.

And picking them by geography instead of qualifications isn’t much better.

How is this stuff conservative?

You don’t want judges who “legislate from the bench,” so you elect them just like legislators?

The Iowa Bar Association opposes the proposals from Sorenson and Roberts.

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One step forward, two steps back on Iowa water quality?

I seem to have jinxed things by praising Democratic state legislators who allowed the Iowa Department of Natural Resources’ new clean water rules to go forward this week.

I learned yesterday from Iowa CCI, 1000 Friends of Iowa and the Iowa Environmental Council that a horrible bill, House File 2324, is being fast-tracked through the Iowa House. This bill was introduced to the House Agriculture Committee on Monday afternoon, and on Tuesday it was unanimously approved by a subcommittee and then the full House Agriculture Committee. An action alert from the Iowa Environmental Council explains the substance:

DNR has proposed rules that would require existing facilities need to have at least 100 days of storage, in order to qualify for an emergency exemption for winter application because of full storage structures.  But HF 2324 exempts confinement feeding operations constructed before July 1, 2009 from this rule.  Specifically the bill states:

“A confinement feeding operation constructed before July 1, 2009, and not expanded after that date is not required to construct or expand a manure storage structure to comply with this section.”  

Lack of adequate manure storage during winter months is a major cause of water pollution in Iowa.  Without adequate storage, farmers apply the manure to frozen or snow-covered farm fields, risking run-off into nearby streams at the first thaw or rain.

From a statement issued by Iowa CCI:

Iowa already suffers from some of the worst water quality in the nation. High levels of ammonia pollution all across Iowa were traced back to manure application on frozen and snow-covered ground. This bill would gut the state law that bans the spreading of manure on frozen and snow-covered ground by exempting more than 5,500 factory farms that were built before July 1, 2009 due to a lack of storage for their manure.

“Poor manure management is not an emergency,” [CCI Executive Director Hugh] Espey said.

The Environmental Protection Agency came down strongly in favor of a ban without exceptions last year.  Passage of this new legislation would be a clear violation of the Clean Water Act and would also undermine the Iowa Department of Natural Resources’ authority to regulate factory farms.

Shame on the members of the House Agriculture Committee for fast-tracking this bill. Yet again, Iowa environmentalists have to fight efforts to circumvent DNR rules aimed at protecting the public interest. We should be making CAFOs pay for the harm they cause, not exempting them from reasonable manure storage requirements. But no, proponents want to rush through a gift for factory farms.

It’s a disgrace that a legislative committee unanimously recommended this bill, especially in a Democratic-controlled legislature. This kind of thing is one reason why I have stopped donating to the House and Senate Democratic leadership committees.

Last year many legislators tried to circumvent the DNR’s rule-making on the application of manure on frozen ground, prompting several Iowa non-profits to spend staff time and energy mobilizing against the bad bill. By a minor miracle, last-minute amendments greatly improved that bill before it passed in the closing days of the 2009 session.

The Iowa Environmental Council makes it easy for you to send an e-mail urging your state legislators to vote down HF 2324. But some lawmakers don’t read all their e-mail, so I recommend calling your representative as well. The House switchboard is 515-281-3221.  

UPDATE: Adam Mason of Iowa CCI informed me that another bad bill, House File 2365, was introduced in the House Agriculture Committee yesterday. It would change the definition of a “residence” in proximity to a CAFO, excluding homes that are “off the grid.” Iowa law restricts how close factory farms can be to residences, but this bill would make it harder for some homeowners to fight a factory farm permit. So far HF 2365 hasn’t received subcommittee or full committee approval, but it bears watching.

SECOND UPDATE: There is also an Iowa Senate version of the bill that would undermine regulations on winter spreading of manure: it’s Senate File 2229. It was referred to a subcommittee on February 9, but no further action has been taken as of February 14.  

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New poll: Iowans think gay marriage not worth legislature's time

More than 60 percent of Iowans think gay marriage “does not deserve the Legislature’s limited time” this session, according to the latest poll conducted by Selzer and Associates for the Des Moines Register. The poll surveyed 805 Iowa adults from January 31 to Feburary 3, with a margin of error of plus or minus 3.5 percent.

The question named six issues on which legislation has been introduced during the 2010 session, which has been shortened by 20 days due to budget constraints:

The state Legislature can address large and small issues during the course of the session. For the following issues, please tell me if you think the issue does or does not deserve the Legislature’s limited time. Puppy mills. Gay marriage. Driving and texting. Gun control. Gambling. Payday loans.

62 percent of respondents said gay marriage does not deserve the legislature’s time, while only 36 percent said it does.

Here’s hoping this poll will bolster the spine of any wavering statehouse Democrats. Iowa House Republicans are expected to use procedural maneuvers this week to try to force a vote on a constitutional amendment to ban same-sex marriage. When they tried that last April, two of the 56 House Democrats joined Republicans on a procedural vote. House Minority leader Kraig Paulsen wasn’t deterred by the latest poll, telling the Des Moines Register,

“The majority party has successfully convinced people that that’s something that takes a lengthy period of time,” Paulsen said. “There’s no reason it should have to take more than 30 minutes.”

Poll respondents presumably know little about how much committee and floor time a marriage vote would consume, but I think Paulsen is missing the point here. Selzer in effect asked Iowans what’s important for the legislature to handle. More than three-fifths of respondents said gay marriage doesn’t rise to that level this session.

Notably, a recent poll commissioned by Republicans also suggests that gay marriage is a low priority for most Iowans. Voter Consumer Research conducted that poll in late January for The Iowa Republican blog and the Concordia Group (a political consulting firm run by Nick Ryan, with ties to the American Future Fund). Respondents were asked which three issues are most important to them: “Forty-one percent said jobs and unemployment, thirty-three said the economy, and twenty-eight percent said education.” Way down the priority list was “moral values” with just 14 percent, Craig Robinson indicated in this comment thread.

Last September, a Selzer poll for the Des Moines Register asked several questions about same-sex marriage. About 41 percent of respondents said they would vote for a constitutional amendment to ban same-sex marriage, while 40 percent would vote against such an amendment. In addition, 92 percent of respondents said marriage rights for gay and lesbian couples had led to “no real change” in their own lives.

The conservative GOP base expects Republican legislators to try every trick in the book to bring a marriage vote to the floor. Iowa Democrats should make sure the public knows that while they were focusing on more important issues, Republicans kept trying to waste time on a marriage vote. Based on this polling as well as the results from last year’s special election in Iowa House district 90, I doubt gay marriage will be a winning issue for Republican candidates this November.

Later today I’ll discuss some other findings from the latest Des Moines Register poll. I was surprised to see that of the six issues Selzer asked about, only driving while texting had a majority (72 percent) say it was worth the legislature’s time to tackle this session.

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Weekend open thread with events coming up this week

The coming week will be busy at the state capitol, because February 12 is the first “funnel” date. All bills excluding appropriations bills that have not been approved by at least one committee by February 12 will be dead for the 2010 session, unless something extraordinary happens.

Also, Iowa House Republicans are expected to try to suspend the rules this week to force consideration of a constitutional amendment to ban same-sex marriage. If last April’s events are any guide, they can expect help from two Iowa House Democrats: Geri Huser and Dolores Mertz. Meanwhile, Mertz is working with a group of Republicans on a constitutional amendment that would “recognize human eggs as persons worthy of legal protection.” Such an amendment would outlaw abortion and probably some forms of birth control as well.

With the compressed legislative calendar and severe budget restraints, there may be fewer bills passed in 2010 than in previous sessions. If you’re keeping your eye on any bill, let us know in this thread. I hope the Iowa Senate Labor and Business Relations Committee will pass Senate File 2112, introduced by Senator Pam Jochum, on “workplace accommodations for employees who express breast milk.” It’s already cleared the subcommittee. Last hear State Representative Ako Abdul-Samad introduced a similar measure in the Iowa House, and I think there’s a decent chance of getting this bill through the House Labor Committee. Employers also benefit from practices that make it easier for their employees to continue breastfeeding.

Jochum is an all-around outstanding legislator. If I lived in the first district, she would definitely have my vote for Congress whenever Bruce Braley decides to run for U.S. Senate.

This thread is for anything on your mind this weekend. Am I the only one out there who doesn’t care who wins the Superbowl?

After the jump I’ve posted details on other Iowa political events scheduled for this week.

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Don't believe everything Republicans tell you about spending cuts

Yesterday the Iowa House State Government Committee voted down a Republican plan to cut state spending by $290 million in the coming year. State Representative and gubernatorial candidate Chris Rants offered the plan as an amendment to the government reorganization bill. He said his party was trying to “work in a bipartisan way” and make “tough decisions” to balance the budget for the coming year. All twelve Democrats on the House State Government Committee voted against the GOP amendment, while the nine Republicans voted for it. Later the same day, the committee approved the reorganization bill on a 20-1 vote, with only Rants opposed.

We are sure to hear more from Rants and other Republicans about how big, bad Democrats rejected their good ideas for spending cuts. A closer look reveals funny math in the Republican “plan.”

The biggest line item is “$92.3 million, end all state benefits to adult illegal immigrants.” The Iowa House Republican caucus claims this number comes from the nonpartisan Legislative Services Agency. The implication is that the state of Iowa hands out $92.3 million in cash to illegal immigrants.

But that’s not the case. From a report by the Legislative Services Agency on “Undocumented Immigrants’ Cost to the State” (pdf file):

The only government services that illegal immigrants are eligible for are elementary and secondary public education and emergency health care.1 Most citizens do not gain direct benefits from a majority of government spending. Instead, government programs are intended to benefit society as a whole through maintenance of a healthy economy, satisfying public health and safety concerns, providing basic infrastructure, etc. Although undocumented immigrants do not receive most direct benefits, the total benefit of State spending is assumed to accrue to undocumented immigrants at the same rate as legal residents.

The LSA divides total spending from the state general fund by the state’s total population to calculate roughly how much in “benefits” each Iowa resident receives annually. This isn’t a cash payment from the state to residents; it represents each individual’s share of benefit from the state paying for schools, roads, and so on.

Iowa House Republicans arrived at the $92.3 million figure by dividing total general fund expenditures by the number of undocumented immigrants currently estimated to be living in Iowa. They call the remainder “benefits” that illegal immigrants receive. But there’s no magic wand we can wave to make immigrants stop benefiting indirectly from what state government does. The same LSA report noted:

Undocumented immigrants qualify for few services at the State level, and those for which they do qualify are largely mandated by federal law or the Courts. Therefore, decreasing undocumented immigrant eligibility for State spending does not appear to be a viable policy option. Additionally, if the assumption that undocumented immigrants accrue benefits even without receiving direct services is considered valid, attempting to reduce direct State expenditures on undocumented immigrants would have a minimal effect.

By the way, proof of citizenship and identification are already required for Iowans participating in Medicaid and HAWK-I (the children’s health insurance program).

Scoring points against undocumented immigrants may be good for Rants politically, but that won’t help the state of Iowa save $92.3 million in the coming year. That one item represents nearly a third of the Republican-proposed spending cuts.

I’ve posted the full list of cuts after the jump. Some ideas may have merit, but most of them reflect skewed Republican priorities for state government. GOP legislators want to save $45 million by reducing access to pre-school for four-year-olds. They also want to invest less in renewable energy production and energy efficiency measures by eliminating the Power Fund and the Office of Energy Independence, which would $25 million. Many Republicans never liked the core curriculum, so it’s no surprise they’d like to save some money by delaying its implications. The Des Moines Register’s Iowa poll in November indicated that Iowans support higher spending on renewable energy research and development and are divided over whether to cut funds for expanded free pre-school.

Some of the smaller Republican-backed cuts would please conservative interests. The religious right would love to eliminate the family planning waiver. Rants has always been a good friend to tobacco companies, who would love to see the state scrap the “Just Eliminate Lies” anti-smoking campaign. There’s also $4 million saved by cutting “taxpayer-funded lobbyists,” which sounds great until you realize that would leave corporate groups unchallenged as they lobby for bills that might counter the public interest. Anyway, last year taxpayer money for lobbying totaled about $1.8 million, and a lot of that didn’t come from the state general fund. Municipalities, county agencies and associations like the League of Cities hire lobbyists too.

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Recent Chet Culver news roundup (updated)

The Des Moines Register dinged Governor Chet Culver recently for not scheduling as many press conferences and public appearances as Terry Branstad and Tom Vilsack did as governor, but Culver’s been active around the state since he submitted his draft budget to the legislature last week.

Lots of links are after the jump, along with an update on Jonathan Narcisse, who supported Culver in 2006 but recently launched his own gubernatorial campaign.

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Republicans will play catch-up in Iowa House district 74

Republican Kent Sorenson’s narrow victory over State Representative Mark Davitt in Iowa House district 74 was perhaps the biggest upset in the state in 2008. The Democratic-leaning district includes much of Warren County, including Indianola and the Simpson College campus. Sorenson decided to run against Staci Appel in Iowa Senate district 37 instead of running for re-election to the House.

Scott Ourth announced plans to run for this seat in October and was already pounding the pavement months before that. I’d heard he was working hard, and I noticed that he reported strong fundraising in his filing with the Iowa Ethics and Campaign Disclosure Board. I didn’t realize until today that Ourth raised the bar for Democrats running for the Iowa House:

Ourth, a 50-year-old Democrat from Ackworth, claimed $37,359 in campaign contributions for 2009. The earnings, listed on a Jan. 19 disclosure form, trumped Rep. Tyler Olson’s 2005 record for the most money raised by a first-time Democratic candidate in the year prior to election year, according to Pat Murphy, speaker of the Iowa House of Representatives.

“No first-time candidate for the Iowa House from our party has ever gained this much financial support this early in the campaign cycle,” Murphy said in a prepared statement. “Mr. Ourth works very hard. His fundraising report definitely bears that out.” […]

More than 200 people donated by Jan. 1, including slightly more than 20 political action committees.

Ourth spent nearly $4,500, leaving him with approximately $32,800 on hand. Most of his expenses consisted of office equipment – he plans to use his home for a campaign headquarters, he said – and event invitations, according to his disclosure form.

The article goes on to say that at least one Republican plans to run in House district 74, but I haven’t heard any names floated. We’ll find out before the March filing deadline. Iowa House Republican leaders raised a lot of money last year, so they will be in a position to help out the eventual candidate here. But if I were in their position I would think hard before investing a lot in this district. Whoever jumps in for the GOP will start out way behind Ourth in retail campaigning as well as fundraising. Republicans have better opportunities to win some Democratic-held seats in other parts of the state, and some of their challengers will also need more money to be competitive.

House district 74 is likely to remain the best pickup opportunity for Democrats this year, but assuming Rod Roberts stays in the governor’s race, I like our chances in House district 51 too. (There are still a lot of Democrats in the Carroll area.) Picking up one or two Republican-held seats would make it much more difficult for the GOP to take back the Iowa House, where Democrats now have a 56-44 majority.

Any comments about state legislative races are welcome in this thread.

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Update on Iowa House district 14 race

In October, State Representative Mark Kuhn announced plans to retire from the Iowa House, where he has represented district 14 since 1999. District 14 (map in pdf file) contains all of Floyd and Mitchell Counties, plus a small part of Cerro Gordo County.

Democrat Kurt Meyer announced plans to run for this House seat in December, but I missed the story at the time. Bleeding Heartland readers may remember Meyer from the 2008 Democratic primary campaign in Iowa’s fourth Congressional district. He finished second in that race, behind Becky Greenwald. Meyer has spent most of his career as a consultant for non-profit organizations. His family has lived in rural Mitchell County for five generations. His name recognition in the area should be strong, and I doubt he will have any trouble raising enough money to run a good campaign.

The Republican candidate in House district 14 is Josh Byrnes, the agricultural and industrial technology division chairman at North Iowa Area Community College.

Kuhn will run for the Floyd County Board of Supervisors in 2010. He served on that board before being elected to the Iowa House in 1998.

We have a new candidate in House district 26

Mary Wolfe, an attorney in Clinton, will run as a Democrat in Iowa House district 26, Steven Martens of the Quad-City Times reported today.

“I understand the challenges that small businesses face, since I own one myself,” she said in a news release. “And as an attorney, on a daily basis I see the severe financial and emotional impact that the national recession is having on so many hard-working Clinton County families.

“Clinton County, and Iowa in general, needs more well-paying jobs and an economic development strategy that targets local businesses and middle-income families, not big corporations and company presidents.”

Democrat Polly Bukta has represented this district for seven terms but announced yesterday that she will not seek re-election, citing a desire to spend more time with family. Bukta has worked on a number of education and health-related bills, including the public smoking ban and the HAWK-I children’s health insurance program. She is also speaker pro-tem in the Iowa House (the first woman to hold that position).

Speaking to the Quad-City Times,

Rep. Steve Olson, R-DeWitt, said he thought it would be difficult for a Republican to win in Bukta’s heavily Democratic district. The district includes the city of Clinton and Center and Hampshire townships northwest of Clinton.

“The numbers are not with us,” he said. Still, House Republican Leader Kraig Paulsen, R-Hiawatha, said every seat is an opportunity.

“I have not taken it off the table,” he said.

Clinton County is a strong Democratic area, but the Iowa Democratic Party may need to pay special attention to turnout here in the fall, because Iowa Senate district 13 is also an open seat. Democrat Ed O’Neill launched his Iowa Senate campaign in November after State Senator Roger Stewart said he would retire. Senate district 13 includes House district 25 (represented by Democrat Tom Schueller) and Bukta’s district. As of November 2009, the unemployment rate in Clinton County was 7.5 percent (pdf file), a bit higher than the statewide rate of 6.7 percent.

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Chris Rants walks a lonely road

Four years ago, Chris Rants was one of Iowa’s most powerful political figures. He won an Iowa House seat in his 20s and rose to the position of speaker in his mid-30s. But politics can be a tough business, as Rants learned when the Republican House caucus lost its majority in 2006 and replaced him as leader after losing more seats in 2008.

Since launching his gubernatorial bid last summer, Rants has logged more than 45,000 miles and discussed policies in more depth than anyone else in the field. However, the powers that be in the Iowa GOP don’t reward effort or substance. This week Rants announced that his campaign raised just $78,000 in 2009 and had $6,400 on hand at the end of December. Even State Representative Rod Roberts ended the year in a stronger financial position despite having a lower profile and entering the race later.

Rants knows how to raise money, as you can see from the Rants for State House Committee filings from the last five years (enter “Rants” in this search engine). During October 2008, ethanol baron Bruce Rastetter wrote Rants checks for $30,000 and $70,000. In other words, one major donor gave the then House minority leader more money in one month than Rants managed to raise in half a year for his gubernatorial campaign. Speaking to IowaPolitics.com,

Rants said fundraising froze and pledges never came through after [Terry] Branstad got into the race in mid-October. “The donor community just clammed up,” he said. “We couldn’t compete.”

Rants said most of his campaign finance money was spent on staff, research, Web development and just keeping his campaign going since last spring. The only ads he placed were online.

“The reality is Terry Branstad will raise more money,” Rants said. “But we will raise more issues. …If issues matter, we’ll have a good spring.”

Rants insists he is in the governor’s race for the duration and won’t seek re-election to the Iowa House. On one level I admire him for not packing it in like Christian Fong did after the money dried up. He is also correct to highlight the many contrasts between Branstad’s current campaign rhetoric and his record as governor.

But Rants’ experience underscores the importance of treating people well. As House speaker, Rants had a reputation for being a bully (or “intense,” driven and “abrupt,” as some of his friends have put it). When you’re up, maybe it works to be feared rather than loved. But when you’re down, people won’t be there for you. After all his years of service in the legislature, Rants has not found a single current or former Iowa House member to endorse his gubernatorial campaign, to my knowledge. Even Republicans will admit that Branstad isn’t too sharp and was a mediocre governor, but he is amiable and connects well with people on a personal level.

Ambitious pols everywhere, take note.

LATE UPDATE: Rants discussed his money problems with The Iowa Republican:

Rants admitted that, once former Governor Terry Branstad entered the race, his ability to raise funds ceased. He said a number of pledges to his campaign never came in, his phone calls were not returned, and raising funds became nearly impossible. When describing his fundraising situation, Rants told TheIowaRepublican.com, “If you are looking for loyalty, get a dog.” He contends that Branstad’s entrance into the race hurt him more than any other candidate in the race.

While Rants lacks the necessary funds to wage much of a traditional campaign, Rants gave no indication that he was about to get out of the race. When asked about how much money is in his campaign account, Rants knew the amount to the penny. “It’s enough to keep gas in the car,” Rants said.

Sounds like he will stay in to the end.

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Federal education grant summons ghost of labor bill past

UPDATE: The Iowa House passed this bill on a party-line vote on Friday, and Culver signed it the same day.

Democratic state legislators are rushing to pass a bill that will allow Iowa to apply for a federal education grant of up to $175 million. The application is due on Tuesday, and Monday is Martin Luther King Jr. day, so Governor Chet Culver needs to be able to sign the bill this weekend.

The Iowa Senate approved Senate File 2033 on Wednesday. Senate Education Committee Chair Becky Schmitz summarized key provisions relating to the “Race to the Top” grant:

Specifically, the legislation before you today will:

   *     Remove the cap and repeal date for charter schools in Iowa.  Currently, Iowa Code has a 20 charter school cap and a repeal date for all charter schools on July 1, 2011.  […]

   *     Allow schools to develop Innovation Zone Schools and Consortiums -This legislation adds innovation zone schools and consortiums to the ways that schools districts can foster innovation in more schools.

Senate Republicans voted against this bill, and House Republicans will do the same when it’s considered today. They want to see Iowa relax current restrictions on who can operate a charter school. Additionally, they argue that it’s unwise to apply for one-time federal funds to support ongoing education expenses. The GOP talking point of choice is to call this bill “Race for the Cash.”

Republicans also claim the bill would shift authority toward “union bosses” because of provisions that are not directly linked to the federal grant application. More on that story is after the jump.

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Let Iowa courts consolidate

Iowa Supreme Court Chief Justice Marsha Ternus had bad news about the condition of the judiciary when she addressed the Iowa legislature yesterday.

Since the 2002 fiscal year, she noted, staffing levels have been reduce[d] by 17 percent. In just the last year, staff was cut by 11 percent. In fact, the state’s courts now operate with a smaller workforce than it had in 1987, the year the state assumed full funding for the court system. The number of serious and time-consuming cases before the court, however, have increased by 66 percent.

Ternus also argued that budget shortfalls have adversely impacted the Judicial Branch more than any other aspect or agency in government.

“Unlike many state agencies and the regents, the judicial branch has no pass-through funds, no programs to cut and no reserves to tap. Nearly all our operating costs are for people – employees and judges who are the life blood of the court system – so when we cut our budget, we must cut our workforce.”

Ternus warned of “assembly line justice” and “de facto consolidation” of courts if state legislators do not at least maintain current levels of funding. (Click here for a pdf file containing the full text of Ternus’ speech.)

While the judiciary has faced several rounds of budget cuts, demand for court services has increased because of the recession. For example, during the past two years mortgage foreclosures have increased by 34 percent in Iowa, cases relating to domestic violence protection have increased 15 percent, and “juvenile commitments for drug or mental-health issues” have risen by 76 percent.

Current state law requires courts to operate in all of Iowa’s 99 counties. That made sense when it could take the better part of a day for people to travel to their county courthouse, but it’s not an efficient use of resources now. I am with the Des Moines Register’s editorial board: state legislators need to either allocate enough funding for the judicial system we have, or amend the law to allow some consolidation of courthouses. The latter would run up against stiff resistance in the Iowa House and Senate because of the likely impact on some small county-seat towns. But it’s wrong to let civil and criminal court services degrade across the state. If budget constraints demand efficiency measures in other branches of government, let the judiciary make the best use of available funds by consolidating where necessary.

UPDATE: Governor Chet Culver told the Iowa Independent that he shares the concerns Ternus raised and does not support any further funding cuts for the judiciary.

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

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

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

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Year in review: Iowa politics in 2009 (part 1)

I expected 2009 to be a relatively quiet year in Iowa politics, but was I ever wrong.

The governor’s race heated up, state revenues melted down, key bills lived and died during the legislative session, and the Iowa Supreme Court’s unanimous ruling in Varnum v Brien became one of this state’s major events of the decade.

After the jump I’ve posted links to Bleeding Heartland’s coverage of Iowa politics from January through June 2009. Any comments about the year that passed are welcome in this thread.

Although I wrote a lot of posts last year, there were many important stories I didn’t manage to cover. I recommend reading Iowa Independent’s compilation of “Iowa’s most overlooked and under reported stories of 2009,” as well as that blog’s review of “stories that will continue to impact Iowa in 2010.”

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Democrats, please get payday lending reform right

Key Democratic lawmakers will push for new limits on payday lending during the Iowa legislature’s upcoming session, which starts on January 12. State Senator Joe Bolkcom, who chairs the Senate Ways and Means Committee, called for restricting the “loan shark rates” the industry typically charges. The Iowa Catholic Conference also supports limiting the interest rate for payday loans to 36 percent. That’s welcome news. Although 36 percent interest is still quite high, it’s a lot better than the 300 to 400 percent interest rates payday lenders are in effect currently charging customers.

In 2007, the Iowa legislature had smaller Democratic majorities yet managed to pass a bill capping interest rates on car-title loans at 21 percent. (Former Governor Tom Vilsack and Attorney General Tom Miller had advocated that reform for a long time, but Republican leaders refused to allow a vote in the Iowa House when they controlled the chamber.)

In theory, it shouldn’t be hard for House Democrats to find 51 votes out of their 56-member caucus to pass payday lending reform. However, at yesterday’s press conference with Senator Bolkcom, State Representative Janet Petersen expressed doubt that an interest rate cap could pass the House Commerce Committee, which she chairs.

I hope we’re not in for another round of a few Iowa House Democrats blocking legislation that would serve the public interest. More thoughts on this issue are after the jump.

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Behn quits governor's race; who will go next?

In the least surprising news of the month, State Senator Jerry Behn has dropped out of the Republican gubernatorial primary and endorsed Terry Branstad. Behn never looked like a serious contender, and my only question is what took him so long? Credit for the scoop on this story should go to Christian Ucles, who noticed ten days ago that Behn’s campaign website had been taken down.

Behn’s exit leaves four Republican candidates for governor. Branstad and Bob Vander Plaats have the funding and large base of support to go the distance in the primary. State Representatives Chris Rants and Rod Roberts will be cash-poor and without an obvious base. It seems logical that one or both would drop out of the governor’s race in time to run for the Iowa House again. The filing deadline is in March.

Last week Rants told Bret Hayworth of the Sioux City Journal that he is in the gubernatorial campaign to stay and will not run for House district 54 in Sioux City again. He can’t have much money in his campaign account, but if he mainly needs to drive himself around the state and doesn’t plan to run ads, he won’t need much money.

I’ve haven’t heard Roberts rule out running for Iowa House district 51 again, and that district in the Carroll area might be more ripe for a Democratic takeover if Roberts left it open. When the campaigns release their fundraising numbers in January we’ll get a better sense of how broke Rants and Roberts are. My best guess is that Roberts will be the next to fold.

What do you think, Bleeding Heartland readers?

UPDATE: A few days ago Roberts told the Marshalltown Times-Republican, “I have discovered there is a place for me in this field. I have no intentions of backing out.”

We have a candidate in House district 37

2008 was a good election for Iowa Democrats, but we still lost several very close statehouse races. In House district 37 (map here), Republican Renee Schulte defeated first-term incumbent Art Staed by 13 votes (0.07 percent).

This week Cedar Rapids attorney Mark Seidl announced his plans to run in this district and laid out his priorities:

“Although no one would have wished for any of them, the natural, fiscal, and economic disasters that have struck us in recent years present unique opportunities for rethinking each level of our government,” Seidl said.  “In going forward, we must concentrate on reconstituting and enhancing our advantages-recreating two cities which are an essential part of Iowa’s character, conserving our tremendous natural resources in agriculture and renewable energy production, and preparing the next generation of Iowans to be leaders and innovators in the future.”

This district is winnable in light of Schulte’s tiny margin of victory and a slight Democratic voter registration advantage. Nevertheless, Seidl will need to pound the pavement to win back this seat. Schulte is a hard worker who was out door-knocking last Friday, 11 months before the election when the temperature was in the 20s. Also, Schulte may benefit from an “enthusiasm gap” if Democratic voters are demoralized and Republicans energized next November.

Schulte bucked the majority of her party by voting for a bill that allowed authorities to impose a local option sales tax in disaster areas. Linn County voters approved the 1-cent tax in March, and the proposal received a majority of votes in Cedar Rapids as a whole. I don’t know whether it carried the Cedar Rapids precincts that are in House district 37.

Like other House Republicans, Schulte voted against the I-JOBS state bonding initiative, which allocated $45 million to Linn County for disaster relief (here is how that money was allocated).

I suspect that in this district, much will depend on how voters perceive the effectiveness of the state’s response to the 2008 floods.

UPDATE: Schulte is already organizing volunteers to help with voter contacts. We will need all hands on deck in this district.

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Senate district 41 will be a race to watch in 2010

With Democrats defending 19 of the 25 Iowa Senate districts on the ballot next fall, we don’t have many opportunities to make gains in the upper chamber. However, I’ve long felt that Democrats should make a serious play for Senate district 41 in Scott County. Dave Hartsuch is far too conservative for a district that was long represented by Maggie Tinsman, whom Hartsuch defeated in the 2006 GOP primary. Historically, the Bettendorf area has been strongly Republican, but Democrats have made gains in recent years. Senate district 41 now has as many registered Democrats as Republicans.

As I’d hoped, a Democratic candidate has stepped up to the plate, and Hartsuch will also have to fend off a primary challenge in the spring. More on this race after the jump.

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We have a new candidate in House district 1

Bret Hayworth of the Sioux City Journal reports today that State Representative Wes Whitead of Sioux City will not run for re-election next year.

Whitead said six terms is enough – he’ll be 77 when this term ends and wants to do more with his grandchildren before they grow up. Whitead said he’d considered retiring from politics, discussed it with House Speaker Pat Murphy of Dubuque, and decided to step aside when learning Rick Mullin of Sioux City would fill the bill from the Democratic Party side.

Hayworth adds that Mullin is president of an awning and siding business, serves on the Iowa Democratic Party’s State Central Committee, and is a past chairman of the Woodbury County Democrats.

Mullin announced on Twitter today, “Last Friday I filed papers to run for Iowa State Representative from House District 1.” His campaign website is here.

Demographics favor Democrats in Sioux City, but Republicans will probably invest in this district now that it’s an open seat. As a rule, it’s easier to hold a legislative district with an incumbent on the ballot, but in this case, we may be better off with a new candidate. Whitead nearly lost House district 1 last year, despite the fact that Republicans weren’t targeting his seat. (CORRECTION: I am told that Republicans did fund radio and television ads in this district shortly before the November election, and that the right-wing 501(c)4 group Iowa Progress Project also spent money against Whitead.)

That election went to a recount, and Whitead won by just 55 votes. Generally poor Democratic turnout in western Iowa was probably a factor in that race.

Anyone who’s familiar with Woodbury County politics is particularly encouraged to weigh in on this thread. How competitive will House district 1 be next year? Who are the potential candidates on the Republican side?

LATE UPDATE: Hayworth reported that Republican Jeremy Taylor, who almost defeated Whitead, plans to run for this seat again in 2010.

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Iverson may challenge Bailey in House district 9

Two-term State Representative McKinley Bailey, an Iraq War veteran, may face a tough Republican challenger next year in Iowa House district 9. The Des Moines Register reports that Stew Iverson, former Iowa Senate majority leader and Iowa GOP chairman, is thinking about running against Bailey. Iverson told the Register that he’ll make a decision “sometime after the first of the year”:

Iverson called Bailey “a nice young man.”

“It’s not personal,” he said. “I just think we need a change in direction, and that’s why I’m considering it. I have nothing against him, but this is about the state of Iowa.”

Bailey defeated Republican incumbent George Eichhorn with nearly 55 percent of the vote in 2006. He was re-elected with just over 55 percent of the vote in 2008, even though his district was one of Iowa Republicans’ top targets. Corporate-funded conservative interest groups ran ads against Bailey and other first-term House Democrats in early 2008 as well as shortly before the November election.

House district 9 includes all of Wright County, parts of Webster and Hamilton counties, and a tiny slice of Franklin County. Bailey lives in Webster City, which has suffered a tremendous blow during this recession. Appliance maker Electrolux plans to shut down a Webster City factory employing about 850 people. Bailey is one of the “six-pack” of House Democrats who blocked key legislative priorities for organized labor during the 2009 session, but as far as I know, no Democrat has been recruited to challenge him in the district 9 primary. (If you know otherwise, please drop me a line: desmoinesdem AT yahoo.com.)

It’s notable that Iverson is considering the House race against Bailey, as opposed to trying to win back his old senate seat. After Iverson decided not to seek re-election in 2006, Democrat Rich Olive defeated James Kurtenbach in Senate district 5 by only 62 votes. I assume that Iverson is considering the House race because he knows Republicans have virtually no chance of winning back the Senate next year. He may also have little desire to work with some of the senators who voted him out as majority leader in the middle of the 2006 session.

Krusty Konservative isn’t thrilled with the prospect of an Iverson comeback, for what that’s worth.

Any comments about this race or other state legislative contests are welcome in this thread.

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Congratulations to Kirsten Running-Marquardt

Democratic candidate Kirsten Running-Marquardt won Tuesday’s special election in Iowa House district 33 (Cedar Rapids) with 78 percent of the vote (pdf file) against Republican Joshua Thurston. Turnout was low at 9.45 percent, and John Deeth noted, “Nearly half the vote on absentee, a sign of the Democratic field operation at work.”

The Cedar Rapids Gazette has more information on the brief special election campaign here. Running-Marquardt had raised more than 20 times as much money as her opponent:

Kirsten Running-Marquardt has raised $43,115, according to a report filed with the Iowa Ethics and Campaign Disclosure Board covering the period up to five days before the Nov. 24 election. […]

Republican Josh Thurston raised $2,000. […]

Running-Marquardt scored heavily with unions, including $5,000 donations from the Great Plains Labor District Council and Hawkeye Labor Council, $2,500 from Buy Local, Build Local, Employ Local and the Iowa State Building and Trades Council Education Committee.

She received donations of $1,000 from the Quad City Federation of Labor, UFCW District Union 431, Iowa Staff Union, Sheryl Marquardt, the AFL-CIO Iowa Committee on Political Education and Operating Engineers 234. The ISEA PAC contributed $1,500.

With this special election victory, Democrats maintain a 56-44 advantage in the Iowa House.

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Rematch coming in Iowa House district 84

Ed Tibbetts of the Quad-City Times reports that Ross Paustian will again challenge State Representative Elesha Gayman in Iowa House district 84. In 2008, Gayman defeated Paustian by about 800 votes, 52.4 percent to 47.4 percent.

It was a dispiriting loss for Republicans on several levels. Paustian led election-night returns until the massive number of absentee and early votes were added to the tally. Gayman was considered vulnerable as a first-termer in a traditionally Republican county. Conservative groups had poured tons of money into negative ads against Gayman. An organization funded by Mid-American Energy, RJ Reynolds and other corporations began running commercials against Gayman and a few other Iowa House Democrats in early 2008. The Republican Party spent heavily in the district too. Shortly before election day, the American Future Fund ran new ads against a group of House Democrats including Gayman. Still, Paustian came up short.

House district 84 didn’t turn out to be one of the closest Iowa legislative races last year, but I expect a Gayman/Paustian rematch to be highly competitive. Democratic turnout tends to be lower in non-presidential years, and Republicans may benefit from an “enthusiasm gap” in 2010. The unemployment rate in Scott County was nearly 7 percent in August 2009 and could be higher next year. The Scott County GOP has an ambitious new chairman, Brian Kennedy. He is raising more money and trying to build a bigger grassroots organization. Gayman and State Representative Phyllis Thede (House district 81) are certain to be targeted.

On the plus side, Gayman was very involved in Barack Obama’s campaign before and after the Iowa caucuses, and since July of this year she’s been consulting for the Iowa Federation of Labor’s Working Iowa Neighbors program. In other words, she has plenty of friends in a position to help her get out the vote. Also, Paustian is a farmer, and as Bleeding Heartland user American007 has noted, Iowans seem to be electing more white-collar professionals and fewer farmers to the legislature these days.

There’s always a chance that the job market will improve significantly before next fall, although jobs tend to be a lagging indicator, and Iowa tends to be slow to come out of recessions.

Bleeding Heartland readers, how would you handicap a Gayman/Paustian rematch?

Free campaign advice for Democratic women and their staffers

Lynda Waddington, contributor to Iowa Independent and creator of the Essential Estrogen blog, will be the featured speaker at two seminars on “developing campaign web pages and blogs for Democratic women candidates, and those who work their campaigns.”

If you know any women who have considered running for office, or anyone who wants to work on a woman candidate’s campaign, please spread the word. Waddington promises to “show participants the good, the bad, and the (oh so very) ugly that can come with being a politically active woman in the age of the internet and high technology.”

The Des Moines seminar will take place on Saturday, November 14, from 1:30 to 3:30 pm at the AFSCME office, 4320 NW 2nd.

The Cedar Falls seminar will take place on Saturday, November 21, from 10:00 am to 12:00 pm at the Cedar Falls Public Library.

For more information, contact Jo Ann Zimmerman at 515-225-1136 or atzzzzz AT aol.com, or Marcia Nichols at 515-246-1517 (for the Des Moines event).

The seminars are free, no advance registration required.  Sponsored by DAWN (Democratic Activist Womens Network) and AFSCME (American Federation of State, County, and Municipal Employees). DAWN was founded in 1992 to recruit and mentor Democratic women to run for public office.

Speaking of women running for office, jamesvw posted information to help get out the vote for Kirsten Running-Marquardt in the November 24 special election in Iowa House district 33.

Candidates selected for House district 33 special election

Earlier this month, State Representative Dick Taylor announced his resignation, setting up a November 24 special election to represent Iowa House district 33 (Cedar Rapids). On Wednesday night, members of the Linn County Democratic Central Committee from precincts in the district selected Kirsten Running-Marquardt as the Democratic candidate. Lynda Waddington wrote up the proceedings for Iowa Independent.

While this is the first time Running-Marquardt has personally sought public office, she is hardly a stranger to Iowa politics. The daughter of former state Rep. Rich Running, she most recently worked in U.S. Rep. Dave Loebsack’s office and previously worked for Iowa for Health Care, a project of the Service Employees International Union (SEIU).

Yesterday the Republican Party’s special nominating convention selected Joshua Thurston as the GOP candidate for the special election. He is an Iraq War veteran and, unusual for a Republican office-seeker, is a member of Teamsters Local 238. Waddington reported this week that Thurston “switched from having no political party affiliation to being a member of the Republican Party of Iowa on Oct. 26.”

Holding House district 33 should be relatively easy for Democrats, compared to this summer’s hard-fought battle in Iowa House district 90. But House Speaker Pat Murphy isn’t taking anything for granted:

The Democratic strategy, according to Murphy, is no secret and will closely follow past practices that have met with success.

“We are going to go after this like we have the other election, and we are going to do a heavy absentee ballot campaign just like we did in Fairfield and in the general elections,” Murphy said, referencing the party’s most recent success in the House District 90 special election. “We are going to keep a heavy focus talking about the issues that we think are important to Iowans, which are creating jobs, balancing the state budget, focusing on what we can do to expand health care at the state level and move forward in those areas.”

UPDATE: Running-Marquardt plans to focus on flood recovery and prevention issues, such as “hiring Cedar Rapids workers to rebuild our community both stronger and safer while coordinating state level incentives for better watershed management upstream.”

LATE UPDATE: Lynda Waddington has more on Thurston and the GOP meeting where he was selected.

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We need a new candidate in Iowa House district 14

This bad news comes to you courtesy of the Mason City Globe-Gazette: State Representative Mark Kuhn will retire from the Iowa House next year to seek a seat on the Floyd County Board of Supervisors. He served on that board for six years before being elected to represent House district 14 in 1998. He told the Globe-Gazette that he will serve out his current term but wants to be closer to his family.

He said some of the highlights of his legislative career include:

– In his first term, securing an $800,000 interest-free loan for Floyd County and Charles City for Iowa’s first shared (with the DOT) transportation maintenance facility, located in Charles City.

– Authoring a bill banning the gasoline additive MTBE, believed to be a cancer-causing agent.

– Increasing markets for ethanol.

– Working to make the State Capitol building safer for persons with disabilities.

– Securing a $500,000 I-JOBS grant to repair the flood-damaged Charles City Fire Station and for infrastructure projects in Rudd, Rockford, Marble Rock and Nora Springs.

Kuhn currently chairs the House Agriculture and Natural Resources Appropriations Subcommittee. He is a farmer and strong supporter of agricultural zoning at the county level, also known as “local control” over confined-animal feeding operations (CAFOs). I had hoped that one day he might chair the Iowa House Agriculture Committee, and I’m sorry to hear of his retirement.

District 14 (map in pdf file) contains all of Floyd and Mitchell Counties, plus part of Cerro Gordo County. Bleeding Heartland readers familiar with north-central Iowa, which Democrats should run to replace Kuhn? According to the Globe-Gazette, one Republican candidate has already declared in this district: Josh Byrnes, the agricultural and industrial technology division chairman at North Iowa Area Community College. In the 2008 election, Kuhn won just under 71 percent of the vote against Jeff Mosiman.

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Special election coming in Iowa House district 33

State Representative Dick Taylor of Cedar Rapids announced his resignation today, effective immediately, saying, “after 9 years in the House, it’s time for me to focus full-time on my family.” Within the next five days Governor Chet Culver will set a date for a special election in Iowa House district 33 (map here–pdf file). UPDATE: On October 14 Culver set this election for November 24.

The race to replace Taylor will lack the drama of the September 1 special election in Iowa House district 90, because district 33 leans much more heavily Democratic. In 2008, Taylor won nearly 70 percent of the vote against Republican Kathy Potts.

A district convention made up of Linn County Central Committee members who live in Iowa House district 33 will select the Democratic candidate for this special election within the next few weeks. Bleeding Heartland readers familiar with Linn County politics, who should replace Taylor?

LATE UPDATE: Iowa Independent previews two likely candidates:

Norm Sterzenbach, Sr., a military veteran who has been a steady presence in county politics for years and currently serves as the county Democrats’ second vice chairman, is expected to make a bid for the seat. Kirsten Running-Marquard, 32, who works in U.S. Rep. Dave Loebsack’s office and is the daughter of former state Rep. Rich Running, has also been contacting local Democrats to drum up support.

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High-profile showdown coming in Senate district 37

Next year’s campaign in Iowa Senate district 37 will be closely watched statewide and may draw some national attention. Republican State Representative Kent Sorenson has decided to challenge first-term Senator Staci Appel instead of seeking re-election to Iowa House district 74. The socially conservative Sorenson made a splash this summer with his open letter imploring Senator Chuck Grassley to provide “principled and bold leadership” to advance the Republican Party platform. Appel is assistant Senate majority leader and chairs the State Government Committee. Her husband is one of the seven Iowa Supreme Court justices who unanimously struck down our Defense of Marriage Act in April.

Republican blogger Craig Robinson is upbeat about Sorenson’s chances.

My opinion on this matchup hasn’t changed since Robinson first discussed the prospect in May: Bring it on.

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Fallons to host new radio show

I’M for Iowa made the announcement today in a mass e-mail:

For too long, Iowa’s airwaves have been dominated by Rush Limbaugh, Jan Mickelson, Steve Deace, Glen Beck and Michael Savage. Well, we have great news: times are changing!

Beginning Monday, September 21st, we will host our own talk show from 7:00 – 8:00 pm, Monday through Thursday on 98.3 WOW-FM. It’s called “THE FALLON FORUM” and can be heard from Fort Dodge to Chariton, from Grinnell to Carroll, and can be live-streamed at http://www.983wowfm.com. We hope you’ll tune in, and you can join the conversation at (515) 312-0983.

This is an unprecedented opportunity for those of us concerned about pressing economic, social and environmental issues. We want to offer true “talk” radio, as opposed to the “shock” radio dished-up by those on the far right. In fact, THE FALLON FORUM replaces some of the airtime currently given to Michael Savage, the guy who recently recommended making “the construction of mosques illegal in America, and the speaking of English only in the streets of the United States the law.”

We’ll kick off the show on Monday with Dolores Huerta. Dolores helped found the United Farm Workers of America with Cesar Chavez. At 79, she remains an energetic, outspoken advocate for many important causes, including marriage equality.

On Tuesday, we’ll dig into Iowa politics.

Zach Mannheimer with The Subjective Theatre Company joins us on Wednesday to discuss the merger of the artistic and corporate worlds. We anticipate a spirited exchange on the new sculpture garden set to open in downtown Des Moines.

On Thursday, we want to hear your thoughts on America’s historic health care debate . . . providing you keep it civil and based on fact. We’ll pull the plug on any caller who insists the legislation before Congress pulls the plug on grandma.

Thanks, and we hope you can join us on the show next week!

Ed and Lynn Fallon

Speaking of the Fallons and Iowa politics, I wonder how many primary challengers they’ve recruited in certain Iowa House districts.

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Burt gets fine, probation for drunk driving

State Representative Kerry Burt received a year of probation and a $625 fine after pleading guilty to drunk driving, the Des Moines Register reported on August 21. He will also be required to take a class for drunk drivers. Burt released a statement apologizing for his actions and promising never to let it happen again. I’ve posted that statement after the jump. It doesn’t sound like he’s planning to resign.

I would like Democrats to find a new candidate for House district 21 next year. The Register pointed out that State Senator Robert Dvorsky was re-elected in 2006 despite a drunk driving arrest earlier that year, but Dvorsky had spent nearly two decades in the Iowa legislature at that time and represents a safe Democratic district. Burt is in his first term and defeated a Republican incumbent by a narrow margin in 2008. He is also among several people being investigated for giving false addresses in order to evade tuition payments at the University of Northern Iowa’s Malcolm Price Laboratory School.

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Anti-gay group goes all-in for Republican in special election

Neither Republican Stephen Burgmeier nor Democrat Curt Hanson has highlighted same-sex marriage rights during the campaign for the September 1 special election in Iowa House district 90. However, a group opposing marriage equality is funding an intense advertising campaign in the district.

Chase Martyn of Iowa Independent noticed that the “National Organization for Marriage has purchased $86,060 worth of television and radio ads” to help Burgmeier. That is a major ad buy for an Iowa legislative election. Martyn uploaded an independent expenditure report (pdf file) that the group filed with the Iowa Ethics and Campaign Disclosure Board, but that didn’t include information about the content or placement of the ads.

If you have seen or heard any advertising paid for by National Organization for Marriage, please post a comment in this thread or e-mail me at desmoinesdem AT yahoo.com with as much detail as possible about the message. How many different versions of the ads are running? Do the commercials mention any issues besides overturning the Iowa Supreme Court’s ruling on same-sex marriage? Do they mainly support Burgmeier, who is under attack from a right-wing candidate? Or do they also attack Hanson, and if so, using what kind of language?

I hope the National Organization for Marriage’s ads are as laughable as the group’s “Gathering Storm” commercial from April, which spawned many parodies on YouTube and a brilliant response from Stephen Colbert.

When solving one problem creates another

The Republican Party appears to have learned at least one important lesson from the 2008 Iowa legislative races: making social issues like abortion the centerpiece of the campaign was a poor strategy in competitive districts.

This year Republican leaders in the legislature and the state party apparatus have talked much more about economic and fiscal issues than about the religious right’s agenda. Even in the weeks following the Iowa Supreme Court’s Varnum v Brien ruling, the state party said little about gay marriage.

Republican candidate Stephen Burgmeier is sticking to the new GOP script in his campaign for the September 1 special election in Iowa House district 90. The “views” page on his website doesn’t spell out his views on abortion or same-sex marriage, and his first television ad focused on the state budget and taxes. The decision to downplay social issues doesn’t seem to bother the Iowa Family Policy Center, which has one of its staffers working on the ground in district 90.

However, some social conservatives don’t appreciate being told to keep their mouths shut while doing heavy lifting for Republicans. One of them is Dan Cesar, who ran in House district 90 last year on the Fourth of July ticket when Republicans declined to field a candidate against incumbent John Whitaker. Cesar is running in the special election too and is bashing Burgmeier:

“[Burgmeier] has avoided the words pro-life in everything he says. He’s avoided the fact that he’s a Catholic and belongs to a faith community. I take exception to that. His handlers are telling him to do that.” […]

“The [Republican] party told me they don’t want to focus on pro-life,” he said. “So I either run again as a third party or shut up. Shut up and let a coward run as a Democrat and someone I consider a sellout run as a Republican. I stood up and said I will run.”

Cesar also doesn’t like Burgmeier’s record of raising taxes as a county supervisor.

The Iowa GOP will likely repeat the district 90 playbook across the state next year, especially if Burgmeier wins on September 1. Social conservatives won’t appreciate being marginalized. If Democratic candidate Curt Hanson prevails in district 90, the religious right-wingers will probably be even more angry, claiming that social issues could have won the day.

This argument is sure to continue during the Republican gubernatorial primary, which will come down to Bob Vander Plaats against someone backed by the business wing (Terry Branstad, Chris Rants or Christian Fong). Vander Plaats believes the GOP can win by embracing “core principles” and “bold-color conservatism that inspires faith, family and freedom.”  

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Nice work if you can get it

Have you gotten four raises in the past six years? Jefferson County supervisor Stephen Burgmeier has, I learned after writing about the Republican’s first television ad for the September 1 special election in Iowa House district 90. Burgmeier is highlighting alleged overspending by Democrats, but if he’s so stingy with the people’s money, why did he keep voting to raise his own pay?

The “check the facts” page on Democratic candidate Curt Hanson’s website contains other useful information too. In addition to raising his own pay repeatedly, Burgmeier voted five times to raise taxes on Jefferson County residents. Did Iowans for Tax Relief know about this record when the group took responsibility for running Burgmeier’s campaign?

The Iowa Democratic Party is running this ad backing Hanson:

Share any relevant thoughts about phony Republican posturing in this thread. You can sign up here to volunteer for the Hanson campaign.

Republican ad for special election targets Culver, borrowing

UPDATE: Curt Hanson has already posted a rapid response at his campaign website.

Two and a half weeks before the September 1 special election in Iowa House district 90, Republican Stephen Burgmeier’s campaign launched its first television commercial:

The producers fit quite a few misleading statements into one 30-second ad. The visual suggests Iowa has taken on “a billion dollar debt,” and the voice-over emphasizes the word “billion,” even though the I-JOBS infrastructure bonding initiative was for $830 million.

The commercial accuses “Governor Culver and his allies” of borrowing “almost a BILLION dollars to pay their bills.” However, the I-JOBS program was created to fund infrastructure projects and has nothing to do with meeting state government’s ongoing spending obligations. (Click here for a breakdown of how the money will be spent.)

During this recession, several other states have been forced to borrow money to pay their bills, but Iowa is borrowing for capital investments. Credit analysts and national institutional investors understand the difference, even if Iowa Republicans don’t. That’s why “investor enthusiasm and high market demand” drove down the interest rate on the I-JOBS bonds.

Next, Burgmeier’s ad shows a man saying, “That’s money taxpayers are on the hook for,” implying that taxes will go up to repay the debt. In fact, existing gaming revenues will provide the approximately $43.2 million in annual payments on the bonds.

The ad begins with a voice-over asserting that “red ink is rising in Des Moines” and later shows a woman saying, “Stop the red ink.” Those statements, along with the cartoon of red ink drowning Culver and the capitol, wrongly suggest that the infrastructure borrowing is deficit spending.

The second part of the ad promises that Burgmeier will vote for a new budget law “to make it harder to waste tax dollars.” I’d like more details about how such a law would work, and I’d also like Burgmeier to specify which of these investments he considers wasteful.

The ad promises Burgmeier will “serve as a check and balance to Governor Culver’s runaway spending” and closes by saying Burgmeier will bring “balance and spending restraint back to our government.” Iowa Republicans may believe Culver is very unpopular in district 90, or they may have decided to run against him in order to rile up their base. It’s notable that the ad never uses the word “Republican” and doesn’t identify the candidate’s political party. I guess the outside interest groups running the Burgmeier campaign don’t have much confidence in the Republican brand to carry the day.

The Iowa GOP didn’t announce the size of the ad buy, which networks would run the ad or which programs have been targeted. If you live in the viewing area for this district, let us know whether you’ve seen the ad, and if so during which television shows. If you prefer not to post a comment here, you can send me a confidential e-mail at desmoinesdem AT yahoo.com. Please also report on any radio ads you’ve heard.

I’m curious to see whether this will be Burgmeier’s only television commercial or if his campaign will mention other issues, including same-sex marriage, in later ads.

Having spent no time in this district lately, I have no idea whether Burgmeier or Democrat Curt Hanson has an edge. Political scientists will tell you that as a general rule, the party out of power does well in low-turnout by-elections and special elections. Both Democrats and Republicans are working hard to get out the vote in district 90. State GOP Chairman Matt Strawn and some other Republicans view this race as a must-win.

Share any relevant thoughts in this thread.

The Iowa legislature can't enforce its own disclosure rules

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

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

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

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

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

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

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

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

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

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

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

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Iowa GOP outsourcing special election to special interests

When your party suffers a net loss of seats in the state House and Senate for four elections in a row, it’s time to try something different. In the case of the Republican Party of Iowa, that apparently means outsourcing operations for the September 1 special election in Iowa House district 90.

In a July 31 e-mail blast, Iowa GOP chairman Matt Strawn encouraged activists to contact “Matt Gronewald, our Legislative Majority Fund Director,” if they would like to volunteer for Stephen Burgmeier, the Republican candidate in district 90. However, Burgmeier’s campaign website tells the real story:

 To volunteer please contact:

   * Katie Koberg, katiekoberg@gmail.com, 515-971-4571

   * Mary Earnhardt, mkearnhardt@gmail.com, 515-778-5229

   * Mark Doland, luviowa10@aol.com, 641-295-0135

Koberg and Earnhardt serve as vice president and policy director, respectively, for the conservative group Iowans for Tax Relief. The Iowa Republican blog’s Al Swearengen was partly right when he wrote,

Ed Failor Jr. and Iowans for Tax Relief are running the entire campaign effort in the special election…

Word is that Failor has committeed big dollars to the race and already has his ITR staff embedded in the district and running the race […]

Anybody that questions the power and influence of Failor and ITR need to look no further than this race…they are running this race…and are in charge of all House and Senate elections…

I say Swearengen was partly right because Burgmeier’s site also lists Mark Doland, who is on the Iowa Family Policy Center’s payroll as chief candidate recruiter.

You may remember the Iowa Family Policy Center, which organized a petition drive in April to pressure county recorders not to issue marriage licenses to same-sex couples.

The “views” page on Burgmeier’s campaign website doesn’t talk about same-sex marriage, but Burgmeier is on record supporting legislative action to overturn the Iowa Supreme Court ruling, which matches the agenda of Iowa Family Policy Center Action (the group’s political wing).

The special election in district 90 won’t change the balance of power in the Iowa House, but it is the first high-profile race since Republicans selected Strawn to be state chairman in January. Strawn can’t be too confident about the party’s ability to fund and manage a statehouse campaign if he is giving outside interest groups control over this race.

Democrats within striking distance of district 90 can sign up here to volunteer for Curt Hanson.

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A job for Black Hawk County Democrats

Please find us a new candidate in Iowa House district 21. State Representative Kerry Burt should not run for re-election and probably should not even serve out his term. It would be hard enough to salvage a political career in light of a state auditor’s report and criminal investigation over Burt giving a false address to evade tuition fees for his children. But this report is just as disturbing:

Rep. Kerry Burt, D-Waterloo, told Ankeny police in February that he could not be arrested because of his position as a state representative, according to the police report.

Burt also told police that it was not a question of how much he had to drink but “who he was drinking with.” Burt then whispered, “the governor,” according to police reports.

Burt apparently also mentioned that he was a firefighter and asked for some “professional courtesy” instead of arrest. His attorney says his comments are being taken out of context. I don’t know what the criminal investigation regarding the tuition fees will conclude, and I don’t know whether Burt will be convicted of the drunk driving charge, but it looks to me like his political career is over.

Governor Culver doesn’t want anything to do with defending Burt, and who can blame him?

“Obviously this is a very serious legal matter and it’s very troubling to see how dangerous this situation really was,” Culver said, later adding that he was only with Burt that night for about 30 minutes at a dinner attended by roughly 15 people.

“I have no idea what he did after I left that dinner at 8:55. I was home at 9 o’clock. He was arrested at 2 a.m. I have no idea really what he did between 9 and 2.”

Culver declined to say if he believed Burt should resign. That decision, Culver said, is for Burt to make.

The Iowa House Ethics Committee won’t take up this matter until other investigations conclude. It would be better for Burt to resign or at least announce that he doesn’t plan to run for re-election next year.

We have a lot of good Democrats in the Waterloo area. Please post a comment if you have any suggestions about good candidates for this House district in 2010, or sooner if a special election is needed.

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