# Bruce Hunter



Article III, Section 29: Iowa Supreme Court, legislature both got it wrong

Cato is an attorney who spent most of his career fighting for civil liberties and other public policy matters in Iowa. He is a lifelong Iowan. His legal interests include constitutional law (separation of powers), federalism, legislative procedures and public policy, and the laws of war. Editor’s note: Bleeding Heartland allows guest authors to publish under pseudonyms at Laura Belin’s discretion.

INTRODUCTION

The Iowa General Assembly changed some practices in light of the Iowa Supreme Court’s ruling in LS Power Midcontinent v. Iowa, which struck down the Right of First Refusal (ROFR) portion of the 2020 Budget Omnibus Bill (House File 2643) as violating Article III, Section 29 of the Iowa Constitution. Justice Thomas Waterman wrote the decision, joined by Chief Justice Susan Christensen and Justices Edward Mansfield and Christopher McDonald. Justices Dana Oxley, Matthew McDermott, and David May recused from the case.

In the weeks following the court ruling, Republicans in both the state House and Senate refused to answer questions during floor debate regarding ambiguities in legislation and other questions relating to how certain language will play out in the real world lives of Iowans. Iowa media covered those developments in April:

Senate and House Republicans seem to have stopped answering questions because the Iowa Supreme Court’s LS Power ruling extensively quoted comments Senator Michael Breitbach made while floor managing HF 2643. They apparently believe the Court used these floor comments as justification for striking down the ROFR provision at issue in that case. 

Attorneys for the state and for intervenors filed applications on April 7, asking the Court to reconsider its conclusions and holdings in the ruling. LS Power filed its response on April 19. The Supreme Court denied the request for a rehearing on April 26 without much explanation. An amended opinion released on May 30 corrected some (but not all) factual inaccuracies in the initial ruling. 

The General Assembly adjourned its legislative session on May 4 without any action in response to the court denying the requests for a rehearing. Only time will tell how this constitutional impasse between the legislative and judicial branches gets resolved. Paths available to both branches could restore the balance of power without escalating the dispute. 

Regardless of how long it takes or how the dispute gets resolved, Iowans must never forget that your constitution exists for the sole purpose of protecting and guaranteeing your individual rights and liberties as free and independent People. Iowa Const. Art. 1, Sec. 2 (“All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the public good may require it.”). 

This article hopes to explain why the Iowa Supreme Court and Republicans in the Iowa House and Senate are both guilty of violating the Iowa Constitution, while also seeking to provide a framework to resolve the impasse between the legislative and judicial branches. Similarly, this article hopes to persuade a future litigant to nudge the court in the right direction in a future case, and to persuade the people to nudge the General Assembly in the right direction consistent with this constitutional framework. 

To that end, here is the analysis of Article III, Section 29 of the Iowa Constitution from the perspective of the Iowa People. 

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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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Iowa Democrats won't speak truth to ethanol power

The biofuels industry got a big win in the Iowa legislature this week, as the state House and Senate approved a bill requiring most gas stations in the state to dispense a higher ethanol blend known as E15 from at least half of their pumps.

All but a handful of Democratic legislators voted for the bill, and no Democrat spoke against the proposal during Senate or House floor debate.

It was the latest example of how Iowa Democratic politicians have embraced biofuels industry talking points and avoided challenging any policies seen as supporting ethanol.

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Iowa Republicans close to deal on cutting unemployment benefits

The Iowa House and Senate approved similar bills on March 23 that would substantially cut unemployment benefits for jobless Iowans. The legislation, a priority for Governor Kim Reynolds, had been stalled for weeks, raising questions about whether Republican leaders could find the votes to pass it in the House.

Both versions of the legislation include the centerpiece of the proposal Reynolds highlighted during her Condition of the State address in January: reduce the maximum unemployment benefits in one year from 26 weeks to sixteen weeks. Currently, most states provide up to 26 weeks of unemployment benefits per year, while only a handful of states provide a maximum of sixteen weeks or fewer.

The revised bill, House File 2355, also includes provisions that would force Iowans to accept new jobs for lower pay sooner, and would make it easier for Iowans to be denied benefits entirely.

A House amendment offered by State Representative Mike Bousselot removed language that would have denied Iowans benefits the first week they were unemployed. Senate Republicans put the one-week waiting period back in the bill before approving it.

All House and Senate Democrats voted against the bills, as did two Republicans in each chamber: State Representatives Martin Graber and Charlie McClintock, and State Senators Zach Nunn and Jeff Reichman.

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Iowa House Democrats head for the exits

UPDATE: Charlie McConkey became the sixteenth House Democrat to confirm he won’t seek another term. Original post follows.

Nearly 40 percent of the Democrats who now serve in the Iowa House have confirmed they won’t seek re-election this year, and several long-serving incumbents have yet to clarify their plans.

The exodus involves not only lawmakers of retirement age, like State Representatives Marti Anderson and Bruce Hunter, but also some who have decades left in their working lives, like State Representatives Ras Smith, Chris Hall, and Kirsten Running-Marquardt, the latest to announce she won’t continue serving in the legislature.

The unusually high turnover may reflect some pent-up demand; older lawmakers who might have retired a few years ago hung on in light of realistic hope that their party could regain control of the chamber in the 2018 or 2020 elections. That prospect seems remote now, with Republicans enjoying a 60-40 majority and the new political map creating fewer than ten strong pickup opportunities for House Democrats.

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Who's who in the Iowa House for 2022

The Iowa House opened its 2022 session on January 10 with 60 Republicans and 40 Democrats, a one-seat gain for the GOP compared to last year, thanks to a special election last fall.

The House members include 69 men and 31 women (21 Democrats and ten Republicans), down from a record 34 women in 2019 and 33 women in 2020.

Six African Americans (Democrats Ako Abdul-Samad, Ruth Ann Gaines, Ras Smith, Phyllis Thede, and Ross Wilburn, and Republican Eddie Andrews) serve in the legislature’s lower chamber. Republican Mark Cisneros is the first Latino elected to the Iowa legislature, and Republican Henry Stone is only the second Asian American to serve in the House. The other 92 state representatives are white.

Democrat Liz Bennett is the only out LGBTQ member of the Iowa House. To my knowledge, Abdul-Samad (who is Muslim) is the only lawmaker in either chamber to practice a religion other than Christianity.

I’ve posted details below on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted changes since last year’s session. The most significant: Republican Mike Bousselot won a September special election following the death of Republican John Landon, and Republican Jon Dunwell won an October special election after Democrat Wes Breckenridge left the legislature for another job.

Some non-political trivia: the Iowa House has two members with the surname Meyer (a Democrat and a Republican). As for popular first names, there are six Davids (three go by Dave), three Roberts (a Rob, a Bob, and a Bobby), three men named Tom or Thomas, three named Steve or Steven, three named Charles (a Chuck and two Charlies), three Brians, three men named Michael (two go by Mike), three Jons and two Johns, and two men each named Gary, Dennis, and Ross. There are also two Elizabeths (a Beth and a Liz), two Shannons, an Ann and an Anne, and two women named Mary (down from four in 2020).

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Srinivas, Bagniewski running for Iowa House seats in Des Moines

The Iowa House Democratic caucus is poised to have more turnover than usual after the 2022 election, as the new legislative map created open seats in some solid blue areas, and several sitting lawmakers have confirmed they won’t seek re-election.

In Des Moines, Megan Srinivas and Sean Bagniewski are the first Democrats to begin campaigning in two House districts where the winner of the June primary is virtually guaranteed to be elected next November.

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Why did so many Democrats vote for Iowa's COVID-19 vaccine law?

Governor Kim Reynolds was “proud” to sign a bill designed to make it easier for Iowans to get around COVID-19 vaccination mandates in the workplace. State Representative Henry Stone, who floor managed the bill in the House, said Republicans worked on this legislation for months, seeking ways to lessen the impact of the Biden administration’s expected rules requiring large employers to mandate COVID-19 vaccinations or frequent testing of employees.

Democrats had no input on the proposal and did not see the bill text until hours before lawmakers debated House File 902 on October 28. Nevertheless, both chambers approved the bill by surprisingly large margins: 68 votes to 27 in the House and 45 votes to 4 in the Senate.

Why did so many Democrats vote for a bill that one supporter described as “a joke” during debate?

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First look at Iowa's new House, Senate maps in cities, suburbs

Now that Iowa’s political maps for the next decade have been finalized, it’s time to look more closely at the district lines in and near larger metro areas. Although most districts anchored in cities are safe for Democrats, these metros will include quite a few battleground Iowa House and Senate races over the next two election cycles. Several “micropolitan” districts containing mid-sized cities remain competitive as well, and a forthcoming post will cover those maps.

I’ll write more about the political landscape of individual House or Senate districts once lawmakers and other contenders have confirmed their plans for next year. Several incumbent match-ups have already been worked out, and I’m continuing to update this post. (Please send tips on candidate announcements.)

I’ve grouped each Iowa Senate district with the two state House districts it wholly contains.

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Rest in peace, John Landon

State Representative John Landon passed away on July 29, his family announced. He was serving his fifth term representing Iowa House district 37, covering part of Ankeny. In tributes posted publicly, many Republican colleagues commented on Landon’s kindness and work ethic, including Governor Kim Reynolds, Secretary of State Paul Pate, House Speaker Pat Grassley, and Garrett Gobble, who now represents the other Ankeny House district.

Landon had chaired the House Administration and Regulation Appropriations Subcommittee since 2015, and also served this year on the Commerce and Transportation committees. Although he missed much of the 2021 legislative session while being treated for the illness that claimed his life, he was able to floor manage the bill setting the fiscal year 2022 budget for a number of state agencies and the offices of the governor, secretary of state, and state auditor.

Democratic State Representative Bruce Hunter, who served on the budget panel Landon led, told Bleeding Heartland on July 30 that Landon was “the nicest guy in the House” and someone who reached across the aisle when bills or amendments were being considered.

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Housing discrimination bill in limbo amid concerns over federal funding

Nearly six weeks have passed since Republican lawmakers approved a bill prohibiting local governments from banning “source of income” discrimination. Yet Senate File 252 still has not been sent to Governor Kim Reynolds, according to the legislature’s website.

While Iowa’s legislature is in session, the governor has three days to sign or veto any bill that reaches her desk, or it will become law without her signature. The governor’s staff often asks for an extra week or two to review a measure’s contents. But there is no recent precedent for the legislature to sit on a bill for this long.

The governor must eventually act on every bill the legislature passes. The unusual delay has fueled speculation that Reynolds may cast a rare veto of a bill approved by the Republican-controlled House and Senate.

Communications staff for the governor and legislative leaders did not respond to Bleeding Heartland’s inquiries about why Senate File 252 has been held up. But signs point to the bill jeopardizing some federal housing funds.

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Who's who in the Iowa House for 2021

The Iowa House opened its 2021 session on January 11 with 59 Republicans and 41 Democrats, a big improvement for the GOP from last year’s 53-47 split.

The House members include 69 men and 31 women (21 Democrats and ten Republicans), down from a record 34 women in 2019 and 33 women last year.

Six African Americans (Democrats Ako Abdul-Samad, Ruth Ann Gaines, Ras Smith, Phyllis Thede, and Ross Wilburn, and Republican Eddie Andrews) will serve in the legislature’s lower chamber. Republican Mark Cisneros is the first Latino elected to the Iowa legislature, and Republican Henry Stone is only the second Asian American to serve in the House. The other 92 state representatives are white.

Democrat Liz Bennett is the only out LGBTQ member of the Iowa House. To my knowledge, Abdul-Samad (who is Muslim) is the only lawmaker in either chamber to practice a religion other than Christianity.

I’ve posted details below on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted changes since last year.

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Iowa governor offers state employees two-year pay freeze

At televised news conferences, Governor Kim Reynolds often expresses appreciation for Iowans “doing the right thing” and helping our state get through the COVID-19 pandemic.

Her gratitude apparently doesn’t extend to some 19,000 state employees, many of whom worked longer hours than ever this year, under extraordinary stress. The governor’s offer to nurses, university staff, corrections officers, and others represented by AFSCME Council 61: no raise for the two years beginning on July 1, 2021.

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A last-minute Republican double-cross on absentee voting in Iowa

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

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

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

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

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

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

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Bipartisan deal on election bill brewing in Iowa House (updated)

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


Original post follows.

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

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

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Who's who in the Iowa House for 2020

The Iowa House opened its 2020 session on January 13 with 53 Republicans and 47 Democrats, a change from last year’s 54-46 split due to State Representative Andy McKean’s party switch shortly before lawmakers adjourned last year.

The House members include 67 men and 33 women (23 Democrats and ten Republicans). Although 34 women were elected to the chamber in 2018 (a record number), State Representative Lisa Heddens stepped down last summer, and Ross Wilburn won the special election to serve out her term in House district 46.

Five African Americans (Democrats Ako Abdul-Samad, Ruth Ann Gaines, Ras Smith, Phyllis Thede, and Wilburn) will serve in the legislature’s lower chamber; the other 95 lawmakers are white. No Latino has ever been elected to the Iowa House, and there has not been an Asian-American member since Swati Dandekar moved up to the state Senate following the 2008 election. Democratic State Representative Liz Bennett is the only out LGBTQ member of the lower chamber. To my knowledge, Abdul-Samad (who is Muslim) is the only lawmaker in either chamber to practice a religion other than Christianity.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted significant changes since last year.

Some non-political trivia: the Iowa House includes two Smiths (both Democrats), while the other 98 members have different surnames. As for popular first names, there are six Davids (four go by Dave), four Marys (one goes by Mary Ann), three Roberts (a Rob, a Bob, and a Bobby), three men named Thomas (two go by Tom), three Johns and two Jons, and three men each named Gary and Brian. There are also two Elizabeths (a Beth and a Liz) and two men each named Bruce, Chris, Jeff, Michael (one goes by Mike), Ross, and Charles (a Chuck and a Charlie).

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Some bad laws for Iowa's environment take effect today

Continuing Bleeding Heartland’s coverage of the Iowa legislature’s work during the 2019 session.

Iowa’s environmental community had something to celebrate when state lawmakers adjourned for the year without passing legislation that would crush small-scale solar development. An unusual coalition including solar installers, environmental groups, and livestock farmers helped keep the bill bottled up in the Iowa House despite intense lobbying by MidAmerican Energy and its allies, along with massive spending by undisclosed donors.

Unfortunately, lawmakers approved and Governor Kim Reynolds signed several other measures that will be detrimental for Iowa’s natural resources and take our state’s energy policy in the wrong direction. The new laws take effect today, as the 2020 fiscal year begins.

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"This is political": House Republicans vote to limit Iowa AG's powers

North Carolina Republican lawmakers started the trend after losing the governor’s race in 2016. GOP legislative majorities in Michigan and Wisconsin followed suit late last year, seeking to hamstring newly-elected governors and the Michigan attorney general. Kansas Republicans are now trying to limit the appointment power of that state’s Democratic governor.

Iowa House Republicans took their own step toward “banana-republic style governance” on April 23, voting for unprecedented restrictions on Attorney General Tom Miller’s ability to make legal decisions.

The bill’s floor manager, State Representative Gary Worthan, admitted his proposal stemmed from political disagreements with Miller, whom Iowans elected to a tenth term last November.

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Where things stand with Republican bills targeting Iowa workers

Republican attacks on working Iowans have received less attention this year than in 2017, when new laws shredded public employee collective bargaining rights, blocked local governments from raising the minimum wage, and reduced workers’ compensation benefits, especially for those who hurt their shoulder on the job.

But below the radar, GOP lawmakers have moved several bills lately that would make life harder for working people, including some facing the difficult circumstances of unemployment or workplace injury.

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The 2007 votes that made 2019 a historic year for transgender Iowans

Only three months in, 2019 is already the most significant year for transgender equality in Iowa since 2007, when state lawmakers and Governor Chet Culver added sexual orientation and gender identity to the list of protected classes in the Iowa Civil Rights Act. That 1965 law hadn’t been significantly amended in decades.

The crucial Iowa House and Senate votes on the civil rights law happened during the first year since the 1960s that Democrats controlled both legislative chambers and the governor’s office. Support for LGBTQ equality is often taken for granted now in Democratic circles, but the issue was seen as more politically volatile twelve years ago. The bill amending the civil rights act came late in the 2007 legislative session and could not have passed without some Republican votes.

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House Republicans dropped worst parts of unemployment bill--for now

You don’t hear this every day: in an Iowa House speech on March 21, Democratic State Representative Kirsten Running-Marquardt repeatedly thanked GOP colleagues for their work on a bill she opposed. House File 531 changed some aspects of our state’s unemployment insurance and benefits system. The first draft was much worse than the legislation House Republicans approved on a party-line vote this week.

The bill’s floor manager, State Representative Gary Worthan, warned that next year, lawmakers may return to a idea jettisoned following intense opposition from Democrats and labor groups.

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Iowa lawmakers pass another unconstitutional "Ag Gag" bill

Iowa legislators just can’t quit violating the constitution in the service of livestock farmers and their lobby groups.

Two months after a federal judge comprehensively dismantled Iowa’s 2012 law prohibiting “agricultural production facility fraud,” the state House and Senate approved a bill creating the crime of “agricultural production facility trespass.” Governor Kim Reynolds has indicated she will sign the legislation. (UPDATE: She signed it on March 14.)

Although the drafters modeled the new bill after portions of an Idaho statute that survived a legal challenge, federal courts could and should strike down this law. Like the previous “ag gag” legislation, its primary purpose is to suppress speech reflecting certain viewpoints.

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Iowa House bill would ensure more absentee ballots are counted

The controversial 2018 election result in Iowa House district 55 has inspired two legislative proposals related to late-arriving absentee ballots. The House State Government Committee on March 5 advanced a bill designed to enfranchise more Iowans who voted by mail, with uniform rules for all 99 counties.

The leader of the Iowa Senate State Government Committee would move in the opposite direction, excluding all ballots that arrive after election day, even if envelope markings could prove voters mailed them on time. That approach appears to be a non-starter for House Republicans.

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Three things I learned watching Iowa House Republicans subvert democracy

The first Iowa House floor votes of 2019 are in the books, and they played out exactly as you’d expect. On two straight party-line votes, 53 Republicans rejected a Democratic effort to allow legally cast absentee ballots to be counted, then dismissed Kayla Koether’s contest of the House district 55 election result.

The chamber’s January 28 debate was enlightening. If you have a few hours to spare, I recommend watching the videos of the afternoon and evening sessions on the legislative website.

My takeaways:

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Who's who in the Iowa House for 2019

The Iowa House opened its 2019 session today with 54 Republicans and 46 Democrats. State Representative Michael Bergan was sworn in for a second term, even though his Democratic opponent Kayla Koether is contesting the outcome. A special committee will consider her complaint in the coming weeks.

The new state representatives include 66 men and 34 women (24 Democrats and ten Republicans, record numbers for both parties).

Four African Americans (Democrats Ako Abdul-Samad, Ruth Ann Gaines, Ras Smith, and Phyllis Thede) will serve in the legislature’s lower chamber; the other 96 lawmakers are white. No Latino has ever been elected to the Iowa House, and there has not been an Asian-American member since Swati Dandekar moved up to the state Senate following the 2008 election. Democratic State Representative Liz Bennett is the only out LGBTQ member of the lower chamber. To my knowledge, Abdul-Samad (who is Muslim) is the only lawmaker in either chamber to practice a religion other than Christianity.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted significant changes since last year.

Some non-political trivia: the Iowa House includes two Smiths (both Democrats), while the other 98 members have different surnames. As for popular first names, there are six Davids (four go by Dave), four Marys (one goes by Mary Ann), three Roberts (a Rob, a Bob, and a Bobby), three men named Thomas (two go by Tom), three Johns and two Jons, and three men each named Gary and Brian. There are also two Elizabeths (a Beth and a Liz) and two men each named Bruce, Chris, Jeff, Michael (one goes by Mike), and Charles (a Chuck and a Charlie).

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Democrats will get outspent in Iowa House races again. Here's why

Democrats have opportunities to make big gains in the Iowa House this year. Thirteen of the 59 Republican-held seats in the lower chamber are open. A number of Democratic challengers have done well on fundraising, in some cases even out-raising the GOP incumbents in their districts. The past year’s special elections for Iowa House seats suggest that Democratic turnout may be much higher than the level seen in Iowa’s last two midterms, thanks to extreme laws enacted by statehouse Republicans and an unpopular president in Washington.

But winning a state legislative race often requires more than a favorable political environment. Bleeding Heartland observed in February that “the latest set of campaign financial disclosures reveal little sense of urgency among Democratic incumbents who could do much more to help others win competitive districts this November.”

Unfortunately, the latest fundraising numbers tell the same old story.

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Iowa lawmakers drop lawsuit over governor's illegal fund transfer

Catching up on news overshadowed by the biggest Iowa politics story of the week: on May 23 a group of Iowa House Democrats dropped their legal challenge to Governor Kim Reynolds’ use of emergency funds without legislative approval last September. Reynolds transferred $13 million from the Iowa Economic Emergency Fund to cover a shortfall in the fiscal 2017 budget, despite a warning from State Treasurer Michael Fitzgerald that Iowa law did not permit that action.

State Representative Chris Hall, the ranking Democrat on the Iowa House Appropriations Committee, filed suit in January, charging that Reynolds and Department of Management Director David Roederer “conspired together to unlawfully appropriate and misuse state funds.” The lawsuit alleged that the governor acted unilaterally in order to avoid the political fallout from calling the legislature back for a special session. House Democrats Marti Anderson, Liz Bennett, Bruce Hunter, Jerry Kearns, Monica Kurth, and Amy Nielsen joined the legal action a few weeks later.

Republican legislators tacitly acknowledged that Reynolds broke the law. They added language to a bill cutting current-year spending that retroactively legalized the governor’s action and appropriated $13 million from the emergency fund to the general fund for fiscal year 2017. (See page 8 of Senate File 2117, which both chambers passed along party lines in March.)

“Our legal challenge held Governor Reynolds and Republicans accountable, and it did so without costing taxpayers a single dime,” Hall said in a news release enclosed in full below. “We have seen too many cover ups and not enough leadership from the Reynolds administration. This is a victory for taxpayers and ensures that our tax dollars will be spent according to the law.”

UPDATE: I should have mentioned that there would be little to gain by following through with this lawsuit. Once the legislature passed and Reynolds signed Senate File 2117, a court would almost certainly have dismissed the case as moot.

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Boulton's conduct was unacceptable. His response is not credible

Three women have described in detail incidents of non-consensual touching by State Senator Nate Boulton, Brianne Pfannenstiel reported today for the Des Moines Register. Boulton did not deny the women’s accounts but said they did not match his recollection. He also asserted his alleged behavior “in social settings” was not comparable to harassment or assault in the workplace.

Boulton’s alleged conduct was unacceptable. His distinction is not credible. His political career is no longer tenable.

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Iowa House Republicans prevent votes on gun restraining orders for mentally ill

Iowa House Republicans suppressed two attempts to consider legislation that would make it easier to temporarily remove firearms from individuals who pose a danger to themselves or others because of severe mental health issues. Democratic State Representative Art Staed has vowed to keep trying to pass what he called “a vital tool” to help family members and law enforcement save lives.

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What passes for a good day in the GOP-controlled Iowa legislature

Let’s start with the good news:

• Two important bills for K-12 schools are headed to Governor Kim Reynolds’ desk.

• Assuming the governor signs the bills, district leaders know how much state funding they will receive before the April 15 deadline for certifying K-12 budgets. (That hasn’t always been the case lately.)

• A longstanding inequity in school funding has been fixed–for now.

Unfortunately, both bills fall far short of what Iowa schools need, thanks to Republican choices.

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Fourteen Iowa House Democrats who seem content to stay in minority forever

Iowa Democrats are in a deep hole, controlling only 20 of the 50 seats in the state Senate and 41 of 100 in the House. On the plus side, strong candidate recruitment and a wave of Republican retirements are giving Democrats plenty of opportunities to pick up House seats. (The 2018 Iowa Senate map is less promising.)

Raising money can be challenging for leaders of a minority party, who don’t call the shots on legislation. Furthermore, Iowa Republicans have a natural advantage, since the policies they promote are often tailored to suit wealthy individuals or corporate interest groups. While money doesn’t always determine campaign outcomes, quite a few Democratic lawmakers and challengers lost in 2016 after being massively outspent on television commercials and direct mail (see here, here, and here for examples).

Yet the latest campaign financial disclosures reveal little sense of urgency among Democratic incumbents who could do much more to help others win competitive districts this November.

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IA-Gov: Latest Nate Boulton spot pitches for older voters

Six of the 23 current state lawmakers who have endorsed Senator Nate Boulton for governor speak on his behalf in a television commercial that began airing today in the Des Moines and Cedar Rapids markets. It’s the second spot Bolton’s campaign has released as part of a buy that will run through the February 5 precinct caucuses, at which Democratic activists will elect county convention delegates.

The ad appears to be designed to shore up Boulton’s support among older Democrats, who make up a larger portion of Iowa’s electorate than many people realize.

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Who's who in the Iowa House for 2018

The Iowa House opens its 2018 session today with 58 Republicans, 41 Democrats, and one vacancy, since Jim Carlin resigned after winning the recent special election in Iowa Senate district 3. Voters in House district 6 will choose Carlin’s successor on January 16. UPDATE: Republican Jacob Bossman won that election, giving the GOP 59 seats for the remainder of 2018.

The 99 state representatives include 27 women (18 Democrats and nine Republicans) and 72 men. Five African-Americans (all Democrats) serve in the legislature’s lower chamber; the other 95 lawmakers are white. No Latino has ever been elected to the Iowa House, and there has not been an Asian-American member since Swati Dandekar moved up to the Iowa Senate following the 2008 election.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted significant changes since last year.

Under the Ethics Committee subheading, you’ll see a remarkable example of Republican hypocrisy.

Some non-political trivia: the Iowa House includes two Taylors (one from each party) and two Smiths (both Democrats). As for first names, there are six Davids (four go by Dave), four Roberts (two Robs, one Bob, and a Bobby), four Marys (one goes by Mary Ann), three Johns and a Jon, and three men each named Gary and Charles (two Chucks and a Charlie). There are also two Elizabeths (a Beth and a Liz) and two men each named Brian, Bruce, Chris, Todd, and Michael (one goes by Mike).

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Lawsuit claims Iowa governor illegally transferred state funds (updated)

UPDATE: Plaintiffs dropped this lawsuit in May 2018 after Republican legislators retroactively legalized the governor’s fund transfer. Original post follows.

State Representative Chris Hall filed a lawsuit today, charging Governor Kim Reynolds and Department of Management Director David Roederer “conspired together to unlawfully appropriate and misuse state funds.” The ranking Democrat on the Iowa House Appropriations Committee is seeking to void “all actions taken as a result of the unlawful Official Proclamation signed on September 28, 2017,” which transferred $13 million from the Iowa Economic Emergency Fund.

That order allowed Reynolds to cover a projected budget shortfall at the end of fiscal year 2017 without calling a special legislative session. But State Treasurer Michael Fitzgerald warned the governor that the planned transfer “would not be in compliance with Iowa law.” Hall’s petition, enclosed in full below, points to the same Iowa Code provision Fitzgerald cited in his letter to the governor.

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IA-Gov: Boulton, Hubbell lead in early legislative endorsements

State Senator Nate Boulton and Fred Hubbell have locked up more support among state lawmakers than the five other Democrats running for governor combined.

Whether legislative endorsements will matter in the 2018 gubernatorial race is an open question. The overwhelming majority of state lawmakers backed Mike Blouin before the 2006 gubernatorial primary, which Chet Culver won. Last year, former Lieutenant Governor Patty Judge won the nomination for U.S. Senate, even though about 60 current and 30 former Democratic lawmakers had endorsed State Senator Rob Hogg.

Nevertheless, prominent supporters can provide a clue to activists or journalists about which primary contenders are well-positioned. Where things stand:

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Michael Kiernan running for open Des Moines city council seat

Former Des Moines City Council member Michael Kiernan announced yesterday that he will run for the open seat in Ward 3 this year, focusing on an “agenda of improving public safety, fixing potholes and continuing progress.” He held the at-large city council seat from 2004 to 2010 and served as Iowa Democratic Party state chair from January 2009 to June 2010. You can find his campaign on Facebook and on Twitter @mjkiernan.

Josh Mandelbaum has been campaigning in Ward 3 for the last two months. His strong challenge drove 24-year incumbent Christine Hensley to retire rather than seek re-election. Now that the odds of a Democrat winning this seat have increased, Kiernan has decided to give it a shot. In a thinly-veiled swipe at Mandelbaum, Kiernan posted on Facebook yesterday, “I’ve been hearing a lot about crime in our city lately. I keep expecting to hear people who say they want to serve our community talk about this issue. Instead, all I’m hearing about is political endorsements and campaign war chests.” He echoed the talking point in his news release and on Twitter: “Lot of talk about politics, political endorsements and political cash…no talk of public safety. That’s why I am running.”

If Kiernan had attended Mandelbaum’s first event as a candidate, he would have heard his opponent talk about many substantive issues including “the importance of public health and public safety” and “providing resources to our first responders, police and fire.” Granted, Mandelbaum’s campaign did announce last month that he had raised more than $110,000 in three weeks, “recruited over 150 volunteers to help door-knock and hold house parties, and will soon have an elected official and labor leader endorsement list.” Taking on an entrenched incumbent requires a lot of groundwork, including early fundraising and lining up prominent supporters. But contrary to the impression Kiernan is trying to create, endorsements and cash have not been the focus of Mandelbaum’s message to Des Moines residents. You can read or listen to his first speech as a candidate here.

I enclose below a map of the ward, covering west-side and south-side neighborhoods, as well as Kiernan’s news release, more background on his life and career, and the list of elected officials backing Mandelbaum. (His campaign hasn’t rolled out the labor endorsements yet.)

Mandelbaum has not publicly commented on Kiernan entering the race. I anticipate his case to Democratic voters will be similar to a statement his campaign released after Hensley disclosed her retirement plans: “When this race looked impossible to win, Josh stepped up to run because the values we share as a community were being threatened everyday.” I’ve closely followed Mandelbaum’s work over the years and will encourage voters in the ward to support him, because of his skills and commitment to progressive policies.

Local elections are non-partisan, but I expect some Republican backed by corporate interests to join the field in Ward 3 before long. I welcome tips on other possible candidates.

UPDATE: Added below new comments from Kiernan, who answered some questions by phone on May 18.

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Kim Reynolds applauds Terry Branstad's latest steps to hurt Iowa workers

On Thursday Governor Terry Branstad signed two of the most mean-spirited bills to come out of the Republican-controlled legislature this year. House File 295 prevents local governments from raising the minimum wage, potentially affecting an estimated 85,000 people working in five Iowa counties. (Lee County supervisors voted this week to raise the minimum wage, following the example set by leaders in Johnson, Linn, Polk, and Wapello.) House File 518 overhauls the workers’ compensation system in ways that guarantee fewer Iowans will qualify for benefits, and those who do will receive less money, especially for shoulder injuries.

Amid several false or misleading statements in the news release on the latest bill signings, one true fact emerges: Lieutenant Governor Kim Reynolds enthusiastically endorses these new laws. She will own their every harmful consequence.

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House Republicans approve workers' comp bill with major unfunded changes

Iowa workers lost again at the statehouse on Thursday, as 55 House Republicans approved a bill that would tilt the workers’ compensation system markedly toward employers. All 37 Democrats present voted against House File 518, joined by just one Republican, State Representative Rob Taylor. UPDATE: GOP Representative Clel Baudler was absent on March 16 but filed an “explanation of vote” in the House Journal on March 20 clarifying that he would have voted “nay” on this bill.

Lawmakers had received an enormous number of constituent contacts since the “dramatic” and “far-reaching” legislation first saw the light of day a little more than two weeks ago. In a rush to get this unpleasantness behind them before the weekend, GOP legislators insisted on a final vote before staff could analyze the cost of a “new career vocational training and education program,” conjured up in an amendment filed the previous evening.

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