# Analysis



Only five applied for Iowa Supreme Court vacancy

The State Judicial Nominating Commission will interview an unusually small number of applicants for the Iowa Supreme Court vacancy to be created when Justice Brent Appel reaches the mandatory retirement age next month.

Only five people—three judges and two attorneys in private practice—applied for the position, the Iowa Judicial Branch announced on June 20. The commission will interview Third Judicial District Chief Judge Patrick Tott, Ames attorney Timothy Gartin, Des Moines attorney William Miller, District Court Judge Alan Heavens, and Iowa Court of Appeals Judge David May on June 27. The commissioners will send three names to Governor Kim Reynolds, who will have 30 days to appoint the next justice from that short list.

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Iowa Supreme Court's abortion reversal may cast long shadow

Five Iowa Supreme Court justices allowed a 24-hour waiting period for all abortions to go into effect and opened the door to more sweeping restrictions on June 17, when justices overturned the court’s 2018 precedent that had found the Iowa Constitution protects a fundamental right to seek an abortion.

The outcome is precisely what Republican legislators were seeking two years ago, when (buoyed by unusually rapid turnover on Iowa’s highest court) they passed a law nearly identical to the one struck down in the 2018 case.

Two dissenting justices warned that the latest decision injects “instability” and “confusion” into Iowa’s legal landscape, because the court’s majority did not establish a new standard for evaluating the constitutionality of abortion restrictions. Two justices signaled they would allow almost any limits on the procedure. Three justices indicated they might be open to a similar approach, or might strike a different balance that recognizes some bodily autonomy for Iowans wanting to terminate a pregnancy.

In the words of Justice Brent Appel, the majority set forth “a jurisprudence of doubt about a liberty interest of the highest possible importance to every Iowa woman of reproductive age.”

The ruling may also undermine public confidence that Iowa Supreme Court rulings are grounded in legal analysis, rather than politics.

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In Van Lancker, DeJear selects experienced corner man

C.J. Petersen chairs the Iowa Democratic Party’s Stonewall Caucus. This column first appeared in the Carroll Times Herald.

Politics ain’t beanbag. If Deidre DeJear is our prize fighter, then Eric Van Lancker is her corner man. 

By selecting Van Lancker to serve as the lieutenant governor nominee, DeJear acknowledged the tough fight Democrats are in to reclaim Terrace Hill this November. 

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Grassley has only himself to blame for skepticism about January 6 denials

Efforts by Donald Trump and his allies to pressure Vice President Mike Pence were the focus of televised hearings the House Select Committee investigating the insurrection held on June 16. Witness after witness testified about the illegal and unconstitutional plot to subvert the electoral college count on January 6, 2021.

Several documents laying out the plan to keep Trump in office foresaw a possible role for U.S. Senator Chuck Grassley, who (as the Senate president pro-tem) would have presided over Senate proceedings that day in Pence’s absence.

In a June 16 news release and social media posts, Democratic Senate nominee Mike Franken called on Grassley to “come clean” and answer four questions related to the January 6 events.

Grassley and his staff have repeatedly said the senator was not recruited to derail the electoral college count and was unaware of memos or PowerPoints mapping out the coup. When Bleeding Heartland asked about Franken’s questions on June 16, the senator’s campaign spokesperson bashed the Democrat for supposedly spreading a “conspiracy theory.”

The reality is that no one has done more than Grassley to make people wonder whether he was recruited to help Trump stay in power.

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Iowa GOP county group to hold assault gun raffle

The Wapello County Republican Party is proceeding with a July raffle at which the winner will walk away with an AR-15 style rifle.

Tickets for a chance to win a Ruger AR-556 and 300 rounds of ammunition cost $10 apiece or three for $25, according to Facebook posts advertising the event. The drawing will take place on July 16 at a licensed firearms dealer in Ottumwa, the largest city in the southeastern Iowa county.

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Linn County supervisors approve conversion therapy ban

The Linn County Board of Supervisors voted on June 13 to “prohibit any efforts by service providers to change sexual orientation and/or gender identity of minors, including conversion and reparative therapy,” in unincorporated areas of the county.

“Conversion therapy” refers to efforts to change a person’s sexual orientation or gender identity and has been widely discredited as ineffective and traumatizing for youth. Associations representing medical professionals, counselors, and therapists have denounced the practice for many years.

Supervisor Stacey Walker led efforts to pass the ordinance, and Supervisor Ben Rogers (also a Democrat) provided the second vote in favor. When the board considered the third and final reading, Walker said the policy “will save lives” and described it as “a moral imperative for all policymakers who take seriously their job of protecting the health and welfare of the people.”

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How Joel Miller won the Democratic race for Iowa secretary of state

Going into the June 7 primary, I anticipated a close Democratic contest for secretary of state. Linn County Auditor Joel Miller and Clinton County Auditor Eric Van Lancker had few substantive disagreements and few opportunities to reach a mass audience. The campaign received relatively little news coverage, and the candidates didn’t get speaking time at the Iowa Democratic Party’s large fundraiser in April.

While Miller’s home base was in a larger county, Van Lancker had raised and spent much more on the secretary of state campaign. His team had a paid consultant, purchased the Iowa Democratic Party’s voter file, and began significant digital advertising two months before the primary. Van Lancker spent $5,863 on Facebook ads alone, making tens of thousands of impressions, according to Meta’s ad library. In contrast, the majority of Miller’s campaign spending went toward collecting enough signatures to qualify for the ballot.

The result was surprisingly lopsided: Miller received 97,896 votes (71.7 percent) to 38,602 (28.3 percent) for Van Lancker. The winner carried 98 counties, losing only Clinton, where voters had previously elected Van Lancker four times.

I interviewed Miller about his victory on June 8 and reached out to engaged Democratic voters for insight on how they picked a candidate for this race.

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Iowa Democratic primary voters more urban in 2022

Democrats living in Iowa’s ten most populous counties delivered more than two-thirds of the votes in the June 7 primary election, a larger share than in other recent primaries, according to Bleeding Heartland’s analysis of initial election results.

Hotly contested races for legislative or county offices pushed turnout particularly high in Iowa’s three largest Democratic vote-producing counties, relative to the state as a whole.

The share of the primary votes cast in Iowa’s mid-sized counties dipped slightly, compared to the previous three Democratic primaries, reflecting less competition for down-ballot offices in those communities.

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The impossible race

ReShonda Young is an entrepreneur from Waterloo and a co-founder of Bank of Jabez.

Imagine a race between two people from New York to California. One person receives a bicycle and the other an airplane. The first to get to California is the winner. It’s a structurally unfair race for the bicyclist.

That’s what the wealth gap is like for Black families in America. It’s an impossible race. White people have a 400-year advantage on wealth, power, and economic mobility. And it bears stating: the system is not broken — it was rigged like this by design. The pervasive, generational inequality is systemic and structural.

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Paul Pate hails primary turnout despite huge drop from 2020

Secretary of State Paul Pate often uses the #BeAVoter hashtag and has repeatedly claimed that he works to make it “easy to vote and hard to cheat” in Iowa.

Since the June 7 primary election, Pate has spun the numbers as if they reflected a trend toward greater participation. In reality, this year’s primary turnout was way down compared to 2020, when Pate genuinely tried to make it easier for Iowans to vote during a pandemic.

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Todd Halbur scores big upset in Iowa GOP state auditor primary

The establishment candidate should have focused more on the Iowa Republican primary for state auditor.

Unofficial returns from the June 7 election show Mary Ann Hanusa received 79,875 votes (48.8 percent) to 83,843 votes (51.2 percent) for Todd Halbur. The result shocked me, since Hanusa had the public backing of the governor, most of Iowa’s Congressional delegation, and many state legislators, whereas Halbur was virtually unknown when he filed nominating papers in March.

But Hanusa did little to reach Republicans who turned out in large numbers this week, due to the many competitive legislative primaries around the state.

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What went right for Mike Franken and wrong for Abby Finkenauer

Retired Admiral Mike Franken decisively won the Democratic primary for U.S. Senate on June 7, taking about 55 percent of the vote to 40 percent for former U.S. Representative Abby Finkenauer and just under 5 percent for Dr. Glenn Hurst.

The nominee will face Senator Chuck Grassley, who defeated GOP challenger Jim Carlin by 73.5 percent to 26.5 percent.

While Franken appeared to have momentum in recent weeks, Iowa politics watchers weren’t expecting this margin of victory in the Senate race. Several factors were working in the winner’s favor and against Finkenauer as the primary approached.

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Ten Iowa Democratic legislative primaries to watch in 2022

UPDATE: I’ve added unofficial results for each race.

Iowa Democrats have more competitive state legislative primaries in 2022 than in a typical election cycle. That’s partly because quite a few House and Senate members are retiring, and partly because the redistricting plan adopted in 2021 created some legislative districts with no incumbents.

In most of the races discussed below, the winner of the primary is very likely to prevail in November. However, a few of the districts could be targeted by one or both parties in the general election.

All data on past election performance in these districts comes from the Iowa House and Senate maps Josh Hughes created in Dave’s Redistricting App. Fundraising numbers are taken from the Iowa Ethics and Campaign Disclosure Board’s database.

This post is not an exhaustive account of all contested Democratic primaries for state legislative offices. You can find the full primary candidate list here.

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What to do if you haven't returned your Iowa primary absentee ballot

Iowa’s June 7 primary election will be the first conducted under restrictions on absentee voting that Republicans enacted in 2021.

Two changes in particular greatly increase the risk that Iowans attempting to vote by mail will not have their ballots counted. First, all ballots must arrive at the county auditor’s office by 8:00 pm on election day. Late-arriving ballots will not be counted, regardless of any postmark. So at this writing, it’s far too late to safely put a ballot in the mail.

Second, Republicans made it much harder for voters to have someone else hand-deliver their completed absentee ballot.

If you have an ballot sitting at home, do not mail it on Monday. Here are your best options for making sure your vote will be counted.

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Staff say Grassley was "never approached" about January 6 plan

Staff for U.S. Senator Chuck Grassley have again denied the senator was recruited to derail the electoral college count on January 6, 2021.

Politico was first to report on the memo released last week by the House Select Committee investigating the January 6 coup attempt. The December 13, 2020 email from Kenneth Chesebro to Rudy Giuliani shows Republicans plotting to keep Donald Trump in power wanted “Chuck Grassley or another senior Republican” to preside over counting the electoral college votes. The plan envisioned that the presiding official would refuse to count votes from Arizona, citing supposed “irregularities” and two slates of electors.

The vice president typically presides over the electoral college count in the Senate. But as Senate president pro tempore, Grassley would have been the default choice to lead the session if Vice President Mike Pence had been absent or recused himself.

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"Current events do not belong in history class"

Nick Covington taught social studies at Ankeny High School from 2012 to 2022 and became the full-time Creative Director of the Human Restoration Project when his teaching contract ended on June 1. You can follow Nick on Twitter @CovingtonEDU. This article was originally published on May 15 on Medium.

On Feb 25, 2022, I resigned as a social studies teacher at Ankeny High School, a position I have held since 2012, effective at the end of the school year. I will not be returning to the classroom this fall.

I have not told all of this story in one place, but I want readers to understand the full context of my decision to leave in its relation to our nation’s destructive and divisive cultural forever war.

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Fairfield, Iowa declares second annual Pride Month

Dominica Borg is perpetually enamored with the Midwest’s landscapes, people, and wind driven weather. Their interests are food, farming, conservation, small business, and equal rights.

Supporters of Fairfield’s second annual Pride Month gathered at City Hall an hour before the May 23 city council meeting. By the time Mayor Connie Boyer arrived, a large circle had formed. The mayor greeted the group and stepped in with a smile, confirming she had the proclamation and would read it.

Once City Hall was unlocked, the meeting room filled quickly. All available chairs were brought out until the room was at maximum capacity.

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Welcome to Iowa, land of entrapment

Carl Olsen is the founder of Iowans for Medical Marijuana.

If you have travel plans this summer, you might want to consider a route that avoids Iowa.  Last week, the Iowa Supreme Court denied protection for an out-of-state medical marijuana patient.

William Morris covered the ruling for the Des Moines Register, and Paul Brennan wrote about it at Little Village.

After reading the 4-3 majority opinion in State v. Middlekauff, I felt something seemed amiss. 

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Iowa Republicans fund anti-abortion clinics but not proven maternal health solutions

Iowa’s health and human services budget for the coming fiscal year includes a $500,000 appropriation for a new “maternal health” initiative modeled on an ineffective, wasteful Texas program.

But the bill, negotiated by House and Senate Republicans and approved on party-line votes in both chambers May 23, does not extend postpartum coverage for Iowans on Medicaid, a documented way to reduce maternal mortality.

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Thoughts on what’s happening in Ukraine and political implications

Emily Silliman shares what she’s learned while closely following events in Ukraine following the Russian invasion.

Three months after the Russian Federation invaded a sovereign country with more than 40 million residents, it’s clear Ukrainians are winning this war

This past month was supposed to bring a major push by Russia in the east, after having lost the battle of Kyiv, withdrawn, and re-deployed forces to the eastern theater. Russia appears to want to capture more of the Donetsk and Luhansk Oblasts (regions), and control as much of the Black Sea coast as possible, as well as maintaining control of Crimea. 

Although that plan made some sense, the Russian armed forces didn’t stick to it. Instead, they wasted effort on multiple lines of attack, including a push toward Kryvyi Ryh, the home town of Ukrainian President Volodymyr Zelenskyy. Ukraine has very effectively stopped the invaders on all fronts, with a couple of exceptions, with some towns going back and forth between Ukrainian and Russian forces. 

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Six terrible bills Iowa Republicans didn't pass in 2022

After a hectic two days at the capitol, the Iowa House and Senate finished their work for the year shortly after midnight on May 25.

In the coming days, Bleeding Heartland will cover some of the final bills in detail. As usual, there were a few surprises in the “standings” bill, such as a provision expanding open enrollment from public schools. While Democrats opposed many bills sent to Governor Kim Reynolds this week, including a ban on COVID-19 vaccine requirements for schools or child care centers, they welcomed one of the last-minute proposals, which exempts diapers and period products from Iowa’s sales tax.

This piece will focus on bills that didn’t make it through, despite a push from Reynolds or top Republican lawmakers.

I anticipate future legislative battles over most if not all of these proposals. Earlier this year, the governor signed into law two priority items that failed to advance in 2021: a measure banning transgender Iowans from girls’ and women’s sports, and deep cuts to unemployment benefits.

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Iowa lawmakers ban schools, day cares from requiring COVID-19 vaccines

Iowa Republican lawmakers gave anti-vaccine forces a parting gift on what may be the final day of the 2022 legislative session. On a party-line vote of 29 to 16, the Senate approved a ban on COVID-19 vaccination requirements for young children in day care or students at any level of education.

House members approved House File 2298 in February, and the bill made it through the Senate Judiciary Committee in time for the legislature’s second “funnel” deadline. It had languished on the “unfinished business” calendar for two months as House and Senate leaders negotiated behind the scenes on various unresolved issues.

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Iowa legislature finally agrees on new bottle bill

Iowa lawmakers have amended the state’s recycling law for the first time since its passage in 1978. Senate File 2378 changes what is commonly known as the “bottle bill” in ways that will please beverage distributors, retailers, and redemption centers.

In a mostly party-line vote on May 23, the Iowa Senate concurred with the version of the bill House members approved last month. Governor Kim Reynolds has not publicly commented on the proposal but is expected to sign it into law.

Legislators who voted against the bill warned that it would harm consumers and reduce recycling.

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Chuck Grassley absent from Russia's expanded sanctions list

The Russian Federation’s Foreign Ministry announced on May 21 that it was expanding the list of U.S. citizens who are permanently banned from entering Russia.

In addition to President Joe Biden, Vice President Kamala Harris, and other Biden administration officials, Russia has sanctioned hundreds of members of Congress. All four Iowans who serve in the U.S. House were on the initial sanctions list, which Russia released last month. The expanded “stop list” also includes U.S. Senator Joni Ernst, who welcomed the news.

Iowa’s senior Senator Chuck Grassley is absent from Russia’s updated list. His communications staff did not respond to Bleeding Heartland’s inquiry about the matter.

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Vote early in Iowa—but not by mail, if possible

Early voting for Iowa’s June 7 primary began on May 18. Voting before election day has many advantages. You don’t have to worry about illness, work obligations, or a family emergency keeping you from casting a ballot. Once officials have recorded that you voted, you should stop receiving unsolicited phone calls and knocks at the door.

However, I now discourage Iowans from voting by mail unless there is no alternative. Recent changes to state law have greatly increased the risk of a mailed ballot never being counted.

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Who the Iowa Democratic primary voters are

Early voting for Iowa’s June 7 primary begins on May 18. Democrats have one contested race for a federal office (Abby Finkenauer, Mike Franken, and Glenn Hurst are running for U.S. Senate) and one for a statewide office (Joel Miller and Eric Van Lancker are running for secretary of state). There are also many competitive primaries for Iowa House or Senate seats.

Turnout for this year’s primary will likely be much lower this year than in 2020, when Secretary of State Paul Pate sent every active registered voter an absentee ballot request form. In addition, a law Republicans enacted last year shortened Iowa’s early voting window from 29 days to 20 days and made it harder to return a completed ballot in time to have the vote counted.

Even so, more than 100,000 Democrats will likely participate in the June 7 election. I analyzed statistics and results from the last three cycles for clues on who Iowa Democratic primary voters are and where most of them live.

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Calling on MidAmerican to partner with DSM on climate, clean energy

Dr. Brian Campbell is Executive Director of the Iowa Environmental Council and a member of the Des Moines Citizen Task Force on Sustainability.

I joined the Des Moines Citizens Task Force on Sustainability in 2017. Formed in the wake of the Paris Climate Agreement, this small, dedicated group of volunteers have worked with the city on important sustainability initiatives over the years, including the city’s 2021 resolution committing to 24/7 clean energy by 2035.

It’s hard to overstate how important MidAmerican Energy is to achieving this goal, with 50 percent of Des Moines’ greenhouse gas emissions from electricity and another 25 percent from natural gas—all supplied by MidAmerican. Although the utility has made significant investments in wind energy in Iowa, it remains the state’s largest climate polluter by operating five coal plants.

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Iowa GOP senator spreads hoax to justify school vouchers

Republican State Senator Tim Kraayenbrink spread a notorious hoax about litter boxes in schools at a public forum on May 7. For days, he declined to apologize for his error or for his false claim that the media cover up the non-existent practice.

Seven superintendents in Kraayenbrink’s district told Bleeding Heartland the senator has never contacted them regarding the rumor.

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Iowa Supreme Court Justice Brent Appel retiring soon

Iowa’s State Judicial Nominating Commission is accepting applications to replace the longest-serving current Iowa Supreme Court justice.

Justice Brent Appel, who has served on the court since October 2006, will step down on July 13, when he reaches the mandatory retirement age of 72. Since Justice David Wiggins retired in early 2020, Appel has been the only one of the seven justices appointed by a Democratic governor.

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Court rejects governor's motion to dismiss open records lawsuit

A Polk County District Court has rejected Governor Kim Reynolds’ attempt to have an open records lawsuit tossed without being considered on the merits. It was the third time in the past five months that a court denied the state’s motion to dismiss a suit claiming the Reynolds administration violated Iowa’s open records law.

I am among the plaintiffs who sued the governor and some of her staff in December over five unfulfilled requests I had submitted to her office, two requests submitted by Clark Kauffman of Iowa Capital Dispatch, and one request submitted by Randy Evans of the Iowa Freedom of Information Council.

About three weeks after the ACLU of Iowa filed the lawsuit on our behalf, the governor’s office provided most of the records we had requested (in some cases more than a year earlier). The state’s attorneys then sought to have the case dismissed as moot.

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GOP senator admits vouchers could pay for wealthy Iowans' college

Governor Kim Reynolds has depicted her “Student First Scholarship” plan, which would divert some public funds to private schools, as a way to help lower-income Iowans. She told reporters in March that giving parents “the choice in their child’s education” should not “only be available to individuals who have the resources to do it. That is fundamentally wrong.”

But Republican State Senator Brad Zaun acknowledged in his latest newsletter that state funds could pay “almost the full cost” of college for well-off families that stockpile “scholarship” money while paying for their kids’ K-12 private school education.

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Planned Parenthood in Iowa's region preparing for post-Roe reality

The Planned Parenthood affiliate that includes Iowa is preparing for an influx of patients seeking abortions from states where the procedure may soon be banned.

Since 2018, Iowa has been part of Planned Parenthood North Central States, which also provides reproductive health care services in Minnesota, Nebraska, North Dakota, and South Dakota. Both of the Dakotas have enacted “trigger” laws, which would immediately ban abortion as soon as the U.S. Supreme Court overturns the Roe v. Wade precedent. An effort to pass a similar law in Nebraska failed last month, but proponents have vowed to try again later this year.

Dr. Sarah Traxler, chief medical officer for Planned Parenthood North Central States, told reporters during a May 3 news conference that the organization’s regional and national leaders have long “been planning for this worst-case scenario.”

She promised, “We’re going to be here for the long haul, and we’re going to fight to make sure that this is accessible to everybody.”

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Key state financial report four months late, not near completion

More than four months after the usual publication date of December 31, Iowa’s Annual Comprehensive Financial Report (ACFR) for the fiscal year that ended on June 30, 2021 is nowhere in sight.

It’s the second straight year that the detailed report on state finances is far behind schedule. The ACFR must be completed before many other annual audits of state government entities can be conducted.

For decades, Iowa routinely published the report within six months of the end of the previous fiscal year. That time frame earned the state a Certificate of Achievement for Excellence in Financial Reporting from the leading organization for government finance officers.

CAUSE OF DELAY STILL UNCLEAR

The report for fiscal year 2020 was delayed for about nine months, mostly because of accounting problems at Iowa State University. But the university told Bleeding Heartland in January that ISU “submitted all year-end financials, responded to audit questions and completed recommended changes for the final financial statements by Nov. 12, 2021.” That’s only about six weeks after the deadline for most state government entities to send fiscal year-end data to the Iowa Department of Administrative Services.

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