# Chet Culver



Iowa governor not even close to keeping one 2018 campaign promise

“If elected, will you commit to weekly press conferences?” a moderator asked during the first debate between Iowa’s candidates for governor in October 2018. “I do it all the time,” Governor Kim Reynolds replied.

Asked again during that campaign’s third debate whether she would hold weekly press conferences, Reynolds claimed to have already made that commitment, adding, “If there’s any ambiguity, I will.”

Bleeding Heartland’s review of the governor’s public schedule reveals she has not come close to keeping that promise for most of the past four years. After a period of greater accessibility during the COVID-19 pandemic, Reynolds held just four formal news conferences during the second half of 2021. More than 40 weeks into this year, she has held only ten news conferences, the last occurring on July 12.

Reporters with access have sometimes been able to ask the governor a few questions at a “gaggle” after a bill signing or another public event. But most weeks, Reynolds has not scheduled even an informal media availability.

Avoiding unscripted questions on camera gives Reynolds greater control over news coverage of her administration, and keeps awkward moments mostly out of public view.

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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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Exclusive: Governor stacked labor relations board with Republicans

Governor Kim Reynolds has kept one of three positions on Iowa’s Public Employment Relations Board (PERB) vacant for more than a year, and since October has ensured the board operates with Republican members only.

By law, the board that handles public sector labor relations “shall consist of three members appointed by the governor,” of whom no more than two “shall be of the same political affiliation.” Reynolds has left one position unfilled since August 2020 and recently replaced Democrat Mary Gannon with Republican Jane Dufoe. She serves alongside Erik Helland, a longtime Republican and former state lawmaker.

The current situation runs counter to the spirit of PERB’s partisan balance requirement and potentially allows Reynolds to circumvent the Iowa Senate confirmation process, by shifting board members who are not confirmed to an open position.

In addition, state salary records show Reynolds’ GOP appointees to PERB immediately earned higher pay than Gannon, despite the Democrat’s years of experience. For decades, under Republican and Democratic governors, PERB members not chairing the board had received identical salaries.

The governor’s communications director Alex Murphy confirmed Dufoe’s party affiliation in September, then did not respond to eight follow-up inquiries about the PERB appointments over a three-month period.

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Advocates ask Iowa SOS to allow Spanish-language voting materials

The League of United Latin American Citizens (LULAC) has petitioned the Iowa Secretary of State’s office to allow elections officials in all 99 counties to accept official Spanish-language translations of voter registration and absentee ballot request forms.

The Secretary of State’s office has not yet replied to the petition and did not respond to Bleeding Heartland’s inquiries about the matter. If it doesn’t issue the requested order within 60 days of the filing date (July 28), Iowa’s largest Latino advocacy group can go to court seeking an exception for voting materials from Iowa’s 2002 “English language reaffirmation” statute, more commonly known as the English-only law.

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Governor holds over agency directors Iowa Senate didn't confirm

In an unusual move, Governor Kim Reynolds is allowing two state agency directors she appointed early this year to continue serving through next year’s legislative session, even though they lacked the votes to be confirmed by the Iowa Senate.

Reynolds withdrew the nominations of Department of Management Director Michael Bousselot and Department of Administrative Services Director Adam Steen shortly before state lawmakers adjourned for the year in May. Days later, she rejected the directors’ resignations, saying she would resubmit their names to the Senate in 2022, documents obtained through public records requests show.

The governor’s office has not publicly announced Reynolds’ decision to hold over Bousselot and Steen and did not respond to Bleeding Heartland’s inquiries.

The Department of Management handles state budget planning as well as disbursements from Iowa’s general fund and various other funds. The Department of Administrative Services handles human resources, payroll, and procurement of goods and services for state government.

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Chet Culver to return to federal board

President Joe Biden appointed former Iowa Governor Chet Culver to the Federal Agricultural Mortgage Corporation’s board of directors this week. Assuming Culver is confirmed by the U.S. Senate, it will be his second term on the Farmer Mac board. President Barack Obama named Culver to the board in 2011, and the Senate confirmed him by voice vote in March 2012. President Donald Trump removed Culver from the position in December 2019, replacing him with LaJuana Wilcher, the current board chair.

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Iowa Republicans have abandoned executive branch oversight

Governor Kim Reynolds has been lucky at key points in her political career. Terry Branstad passed over more experienced contenders to select her as his 2010 running mate, allowing a little-known first-term state senator to become a statewide elected official. Six years later, Donald Trump won the presidency and named Branstad as an ambassador, setting Reynolds up to become governor without having to win a GOP primary first.

Most important, Reynolds has enjoyed a Republican trifecta her entire four years as governor. Not only has she been able to sign much of her wish list into law, she has not needed to worry that state lawmakers would closely scrutinize her administration’s work or handling of public funds.

During the legislative session that wrapped up last month, the GOP-controlled House and Senate rejected every attempt to make the governor’s spending decisions more transparent. They declined to hold even one hearing about questionable uses of federal COVID-19 relief funds or practices at state agencies that disadvantaged thousands of Iowans.

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Minority impact statements in Iowa: History and continuing efforts

Marty Ryan of Des Moines lobbied the Iowa legislature for 27 years and now blogs weekly. -promoted by Laura Belin

The Iowa quarter, printed in the latter part of 2004, is based upon a Grant Wood painting depicting a group of students and their teacher planting a tree outside of a county school. The statement on the coin says, “Foundation In Education.” For many decades, Iowa was noted for its first-in-the-nation education status. Likewise, Iowa has been a consistent leader in civil rights.

In fact, Iowa established some standards of equality long before the federal government or other states.

But racial disparities continue to affect Iowans in many areas of life. A reform the Democratic-controlled legislature enacted more than a decade ago has only slightly mitigated the problem.

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Chet Culver to Kim Reynolds: Have Test Iowa contract independently audited

James C. Larew is an attorney in Iowa City who served as general counsel and chief of staff for former Governor Chet Culver. -promoted by Laura Belin

Former Governor Chet Culver wrote to Governor Kim Reynolds on May 7, urging her to have an immediate and comprehensive performance audit conducted of Nomi Health’s COVID-19 testing services in Iowa. The Utah-based company is providing testing at drive-through sites under a $26 million no-bid contract with the state. 

Culver suggested that Reynolds ask State Auditor Rob Sand to perform such an audit, or order a comparable review by a competent and independent agency. His letter outlined serious problems already known to the public about the Test Iowa program. He warned that if not remedied immediately, by making Nomi Health’s performance fully compliant with all applicable federal and state laws, and with best pandemic practices, those difficulties will place the health of Iowans at great risk. The full text of the letter follows:

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Chet Culver challenges Kim Reynolds' COVID-19 workplace rules

James C. Larew is an attorney in Iowa City who served as general counsel and chief of staff for former Governor Chet Culver. -promoted by Laura Belin

Enclosed below is the full text of a letter former Governor Chet Culver sent Governor Kim Reynolds challenging the newly announced policies restricting workers from seeking unemployment compensation if they decline to return to a job, believing workplace conditions are unsafe.

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Iowans who quit over unsafe conditions may still receive unemployment

Iowa Workforce Development Director Beth Townsend acknowledged on April 30 that Iowans who refuse to go back to their jobs because of unsafe working conditions will not automatically be excluded from receiving unemployment payments.

However, she warned that “it takes more than a mere assertion by the employee” to qualify for benefits under those circumstances.

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An open letter to Iowa Republican educators

Bruce Lear urges GOP-leaning educators to “look for the tells” and reject candidates who are not genuine friends to public schools. -promoted by Laura Belin

Dear Republican educators:

I know it’s almost time for the first school bell, and probably the last thing you want to think about is politics, but you as a group can be the super heroes for the education profession. Not an endgame, but a new beginning.

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How the Iowa House passed the civil rights bill in 2007

Former Iowa House Speaker Pat Murphy shares his memories of an important legislative victory twelve years ago. -promoted by Laura Belin

Last month Iowans celebrated ten years of marriage equality. Two years prior, the legislature added protections for LGBTQ people to Iowa’s civil rights law. One of my children asked me to share that experience in writing. What you are about to read is an excerpt.

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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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10 years of marriage equality in Iowa

Ten years ago today, the Iowa Supreme Court unanimously held in Varnum v Brien that the state’s Defense of Marriage Act “violates the equal protection clause of the Iowa Constitution.”

Justice Mark Cady wrote the opinion, which cost three of his colleagues (Chief Justice Marsha Ternus, Justice David Baker, and Justice Michael Streit) their jobs in the 2010 judicial retention elections. Assigned the task of writing by random drawing, Cady “strongly believed the court should speak in one voice” on such a controversial matter, Tom Witosky and Marc Hansen wrote in their 2015 book Equal Before the Law: How Iowa Led Americans to Marriage Equality. In fact, Cady “was convinced there was no room for even a concurring opinion–an opinion in agreement with the court’s conclusion but not its reasoning.” (pp. 134-5)

Thousands of Iowans have enjoyed a better quality of life since our state became the third to give LGBTQ couples the right to marry. Lambda Legal, which filed the lawsuit on behalf of six Iowa couples, has posted a timeline of key events in the case. State Senator Zach Wahls wrote today about the Supreme Court decision’s impact on his family.

I wanted to mark this day by sharing highlights from Bleeding Heartland’s coverage of that historic event. My deepest condolences go out to the friends and relatives of former Supreme Court Justice Daryl Hecht. The Iowa Judicial Branch announced today that Hecht has died. He stepped down from the bench in December 2018 while battling melanoma. Of the seven justices who joined the Varnum opinion, only Cady, Brent Appel, and David Wiggins still serve on the high court.

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Don't make more than 52,000 Iowans wait until 2023 to vote

Governor Kim Reynolds asked Iowa lawmakers today to start the process of amending the state constitution to remove the lifetime ban on voting by those who have committed “infamous crimes,” which under current law are defined as all felony offenses.

A constitutional amendment would be the best long-term fix for an unfair system that disproportionately affects racial minorities and those lacking the funds to navigate the restoration process. So the Iowa House and Senate should certainly heed the governor’s call. But it’s difficult to get a constitutional amendment through both chambers of the legislature, and the soonest an amendment could be enacted would be November 2022.

Reynolds and state lawmakers can and should take immediate steps to allow tens of thousands of Iowans to participate in this year’s local elections, the 2020 caucuses, and the primary and general elections of 2020 and 2022.

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Paul Pate's error sends pro-gun amendment "back to square one"

“[A]ll of our work has been wiped away,” Iowa Firearms Coalition President Kurt Liske wrote in an e-mail to supporters on the evening of January 13. “Because of the Secretary of State’s complete failure, we must now go back to square one of the constitutional amendment process.”

Pro-gun advocates thought they were halfway toward amending Iowa’s constitution to include expansive language on gun rights, which could invalidate many existing regulations.

But Republican lawmakers will have to start over this year, because Secretary of State Paul Pate dropped the ball.

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Sara Craig Gongol joins small group of top Iowa women staffers

The first woman elected to our state’s highest office has picked the third woman to serve as an Iowa governor’s chief of staff.

Sara Craig Gongol will replace Governor Kim Reynolds’ current chief of staff Ryan Koopmans, effective December 15. Craig Gongol was a leading campaign strategist for Reynolds this year and has been “a key member of my team” since 2014, the governor said in a December 11 press release.

The appointment inspired me to look into which women have held the top staff position for governors or members of Congress from Iowa. Like Craig Gongol, who ran Mitt Romney’s 2012 Iowa caucus campaign, several women who managed high-level Iowa campaigns went on to serve as chiefs of staff.

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Lessons of 2018: Mid-sized cities bigger problem for Democrats than rural areas

Seventh in a series interpreting the results of Iowa’s 2018 state and federal elections.

Fred Hubbell’s narrow defeat has generated a new round of conversations about Iowa Democrats struggling outside major metro areas. Although Hubbell received a historically high number of votes for a Democratic candidate for governor and carried Polk County by a larger margin than any previous nominee from his party, he finished 36,600 votes behind Kim Reynolds statewide, according to unofficial results.

Hubbell outpolled Reynolds in only eleven of Iowa’s 99 counties. In contrast, Tom Vilsack carried 48 counties in 1998, when he became the first Democrat elected governor in three decades. He won 68 counties when re-elected in 2002, and Chet Culver nearly matched that result, beating his Republican opponent in 62 counties in 2006.

While many commentators have focused on declining Democratic performance among rural voters, attrition in Iowa’s mid-size cities is a more pressing problem for the party’s candidates at all levels.

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Lessons of 2018: High turnout doesn't only help Democrats

First in a series interpreting the results of Iowa’s 2018 state and federal elections. Since publication, I have updated numbers with official totals.

Fred Hubbell received more votes than any Democratic nominee for Iowa governor since Harold Hughes was re-elected in the 1964 Democratic landslide. He gained more votes than most of the candidates elected Iowa governor in the past 50 years, including Terry Branstad five of the six times he was on the ballot. Nevertheless, Hubbell lost to Governor Kim Reynolds by about 39,000 votes, according to unofficial returns (UPDATE: The final margin was about 36,000 votes.)

Anecdotal reports of long lines at Iowa polling places on November 6 cheered Hubbell supporters, but the outcome of the governor’s race is a reminder that high turnout doesn’t only help Democrats.

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The case for each Democrat running for Congress in IA-03

With less than three weeks remaining before the June 5 primary, many Democrats (including myself) are still undecided in the primary to represent Iowa’s third Congressional district. All three candidates left standing in the once-crowded field have raised enough money to run strong, district-wide campaigns.

This post focuses on how Cindy Axne, Pete D’Alessandro, and Eddie Mauro have presented themselves in stump speeches, direct mail, and television commercials aimed at Democratic voters.

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More women managing Iowa campaigns

Iowa hasn’t been the most friendly state for women in politics, to put it mildly. We didn’t elect a woman to Congress until 2014. We have not elected a woman governor. Just 22.7 percent of our state lawmakers are women, below the pitiful national average of 25.3 percent. Only two women have ever been Iowa Supreme Court justices, and we are currently the only state in the country to have no women serving on our highest court.

But Iowa has not escaped the national trend of more women becoming politically involved in the wake of the 2016 election. Not only will a record number of female candidates appear on Iowa ballots in 2018, more women than ever before are leading campaigns for high-level offices.

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IA-03: Six Democrats explain how they could beat David Young

Almost every day, I talk to Democrats who haven’t settled on a candidate in the third Congressional district, where six people are running against two-term Representative David Young. (Heather Ryan ended her Congressional campaign last month and will challenge State Representative Rick Olson in Iowa House district 31’s Democratic primary instead.)

Many of the contenders have supporters I respect and admire. I have no doubt they would represent us well in the U.S. House.

So as I try to pick a favorite from this strong field, I find myself circling back to one question: who has the best chance of beating Young?

At last month’s College and Young Democrats forum in Indianola, each candidate had three minutes to explain how they can win this race. I’ve transcribed their answers in full after the jump.

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How Iowa could have lost three Supreme Court justices in 2016

Remember how awful you felt on November 9, 2016, as you started to grasp what we were up against following the most devastating Iowa election in decades?

Would you believe the results could have been even worse?

Imagine Governor Terry Branstad appointing three right-wingers to the Iowa Supreme Court. It could have happened if conservative groups had targeted Chief Justice Mark Cady, Justice Brent Appel, and Justice Daryl Hecht with the resources and fervor they had applied against three justices in 2010.

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Treasurer submits backup plan to ensure Iowa can pay its bills

Warning that “Iowa must use all available tools to prepare for strained general fund cash flows” in the current fiscal year, State Treasurer Michael Fitzgerald formally asked Governor Kim Reynolds yesterday to authorize short-term borrowing this fall. Reynolds has previously said she is confident the state will be able to pay its bills without such action.

The country’s longest-serving state treasurer counters that “prudent” management of state finances justifies cash-flow borrowing to ensure that Iowa can meet its obligations, including school aid payments, in early 2018.

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Former Iowa prison nurse files landmark transgender rights lawsuit

A former prison nurse has filed Iowa’s first transgender rights case since state lawmakers and the governor added gender identity protections to the Iowa Civil Rights Act in 2007, the American Civil Liberties Union of Iowa announced today.

Jesse Vroegh is suing the Iowa Department of Corrections, the Iowa Department of Administrative Services, the insurance company Wellmark Blue Cross/Blue Shield of Iowa, and State Penitentiary Warden Patti Wachtendorf on four counts of discrimination on the basis of gender identity and sex. The plaintiff charges that while employed at the Iowa Correctional Institution for Women in Mitchellville, he “was continuously denied the use of restrooms and locker rooms consistent with his gender identity, because he is transgender.”

In addition, the Department of Corrections “denied transgender employees the same level of health care benefit coverage that it provided to non-transgender employees,” while the Department of Administrative Services “was involved in the decision to select and offer to employees of the Iowa Department of Corrections only employer-sponsored health care plans which discriminated against transgender employees.”

Vroegh claims the state’s actions violated the Civil Rights Act and provisions in the Iowa Constitution that prohibit discrimination on the basis of sex and require equal protection for historically disfavored groups. I enclose below the plaintiff’s initial court filing and a press release providing more background on the case.

Although he no longer works for the Department of Corrections, Vroegh said in a statement he is proceeding with the lawsuit “because I feel I need to fight for the rights not only of transgender people who work for the state but for other Iowa workers as well. I’m not asking for any special treatment of myself or any other transgender person. All I’m asking for is that transgender people be treated the same way as people who are not transgender.”

The ACLU of Iowa noted, “The first transgender employment discrimination case, Sommers v. Iowa Civil Rights Commission, was decided in 1983. But today’s action is the first case we’re aware of to be filed in Iowa District Court that asserts gender identity discrimination in employment since the Iowa Civil Rights Act was amended in 2007 to include gender identity and sexual orientation.” A few state House and Senate Republicans joined almost all of the Democratic lawmakers to approve the new civil rights language during the first year Democrats had controlled both chambers of the legislature in more than a decade. Governor Chet Culver signed the bill into law.

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If Pete D'Alessandro runs in IA-03, it won't be just to win an election

Pete D’Alessandro would be a first-time candidate if he joins the large group of Democrats challenging Representative David Young in Iowa’s third Congressional district. But no one in the field has more Iowa campaign experience than this longtime political operative.

D’Alessandro has been thinking seriously about this race for months. In a recent telephone interview, he told me he has set Saturday, August 26–the date of the Iowa Democratic Party’s third district workshop in Atlantic–as “the day to fish or cut bait.”

He also discussed the points he would raise as a candidate and how Democrats can accomplish “real change,” capitalizing on the activism that fueled Bernie Sanders’ campaign.

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IA-Gov: Ron Corbett's think tank running online ad campaign

When Ron Corbett announced in December that he will not seek a third term as Cedar Rapids mayor and will consider running for governor, he promised a “big surprise” at the end of his final “state of the city” address on February 22.

Corbett has long been positioning himself to run for governor. Since creating the conservative think tank Engage Iowa in late 2015, he has given dozens of speeches around the state, most often to Rotary clubs or members of local Iowa Farm Bureau chapters and Chambers of Commerce.

After Governor Terry Branstad confirmed plans to resign in order to become U.S. ambassador to China, many Iowa politics watchers speculated that Corbett would decide against seeking higher office next year. Instead of competing for the GOP nomination in an open primary, he would have to run against a well-funded sitting governor, Kim Reynolds.

To those who don’t share my view that Corbett will take on the challenge of running against a Republican incumbent, I ask: why is Engage Iowa spending money to promote Corbett’s name and catchy conservative slogans online?

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Iowans Lose with Senate "Loser Pays" Bill

Bill Brauch, the former director of the Consumer Protection Division in the Iowa Attorney General’s Office, warns about a “little sleeper of a bill” that would be “a nuclear weapon against judicial fairness.” -promoted by desmoinesdem

Iowa Senate Republicans have hit the ground running this session, and their agenda is replete with extreme proposals. One of them hasn’t gotten much notice yet but, if enacted, would represent the most radical change to Iowa’s judicial system since its inception.

Senate Study Bill 1008 would impose the “loser pays” standard in all civil actions in Iowa courts. This means that if you lose a civil lawsuit you not only have to pay your own attorney fees, you have to pay the other side’s attorney fees as well. Another term for this would be “instant bankruptcy!”

Imagine you are injured in a car accident and sue the other driver to seek recovery for your injuries. If the case is hard-fought both sides might run up tens of thousands of dollars in attorney fees. Say the case is a close one and you lose by a whisker – the jury thought you had a good case but your proof fell just short. Under SSB 1008, you’ll not only have to pay your own attorney fees, you’ll have to pay the other side’s as well!

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Building a Statewide Party

Pete McRoberts, a close observer of many Iowa Democratic campaigns, kicks off Bleeding Heartland’s series of guest contributions on how the party can recover after routs in two consecutive elections. -promoted by desmoinesdem

The days after any election offer for winners, some hope and excitement, and for losers, the opportunity to examine – in as close to real time as possible – where candidates and organizations succeeded, and failed. We get a re-set. If used properly, the days and weeks after an election loss – no matter how hard that loss is – can affirmatively help us do better at what we sought to do.

This is not a wholesale analysis of the Democratic Party in Iowa or the 2016 numbers, and it’s not a general ‘how to’ guide. It’s an attempt to go under the hood, and look at some very specific structural issues highlighted by the elections of 2014 and 2016. At a gut level, it’s very easy to conclude there’s no upside of such a clear election loss. But these losses are something more than simply parties exchanging power, or a reflection of competing views about the future.. They represent one of our deepest forms of communication with one another. If we listen — and act — we can create a party in Iowa that once again, not only wins elections, but is truly representative of the millions of people in the state whose hopes and fears are both real, and for whom we do our work.

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IA-Sen: Grassley running a negative ad for the first time in decades

Only a few days after launching his general-election advertising blitz, U.S. Senator Chuck Grassley started running a 30-second commercial attacking his Democratic challenger Patty Judge. I enclose the video and transcript below, along with the response from the Judge campaign.

Grassley did not run any negative commercials during his 2010 re-election bid. In fact, I am fairly certain you’d have to go back to the 1980s to find any attack ads paid for by Grassley’s campaign. UPDATE/CORRECTION: I’ve been told Grassley ran one negative spot against Democratic challenger David Osterberg in 1998, saying (among other things) that the former Iowa lawmaker had been educated in socialist Sweden. SECOND UPDATE: Osterberg confirmed Grassley ran negative advertising in his race, but he recalls that the commercial was on radio rather than television. Scroll to the end of this post for details.

Incumbents who are not worried about the election typically stick to positive messages in their paid media. The last four public polls of Iowa’s U.S. Senate race have found Grassley ahead of Judge by 45 percent to 38 percent (CBS/YouGov), 51 percent to 42 percent (Quinnipiac), and 52 percent to 42 percent (Suffolk and Marist). Those are smaller leads than the senator has had over previous Democratic challengers.

SEPTEMBER 2 UPDATE: The Washington Post’s James Hohmann called Grassley’s ad “another very telling sign of how scared Senate Republicans are running right now,” adding that the attack was “thin gruel.”

The commercial hits former Lt. Gov. Patty Judge for not voluntarily taking a pay cut when the Great Recession led to a state budget deficit. Grassley, of course, has accepted many pay increases when the federal deficit was much larger…

Grassley’s campaign manager Bob Haus told KCCI-TV that the ad “states just the facts pure and simple” and that Grassley will run more commercials focused on Judge’s record.

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Divided Iowa Supreme Court upholds felon voting ban; key points and political reaction

The Iowa Supreme Court has rejected a lawsuit challenging state policy on disenfranchising all felons. Four justices found “insufficient evidence to overcome the 1994 legislative judgment” defining all felonies as “infamous crimes,” which under our state’s constitution lead to a lifetime ban on the right to vote or run for office. Chief Justice Mark Cady wrote the majority ruling, joined by Justices Bruce Zager, Edward Mansfield, and Thomas Waterman. They affirmed a district court ruling, which held that having committed a felony, Kelli Jo Griffin lost her voting rights under Iowa law.

Justices Brent Appel, Daryl Hecht, and David Wiggins wrote separate dissenting opinions, each joined by the other dissenters. I enclose below excerpts from all the opinions, along with early political reaction to the majority ruling and a statement from Griffin herself.

The American Civil Liberties Union of Iowa filed the lawsuit on behalf of Griffin in November 2014, seven months after an Iowa Supreme Court plurality had stated, “It will be prudent for us to develop a more precise test that distinguishes between felony crimes and infamous crimes” that disqualify Iowans from voting.

Three of the six justices who participated in that 2014 case decided Griffin v. Pate differently. In Chiodo v. Section 43.24 Panel, Cady wrote and Zager joined the plurality opinion, which left open the possibility that not all felonies rise to the level of infamous crimes. Wiggins dissented from the Chiodo plurality, saying the court should not rewrite “nearly one hundred years of caselaw” to “swim into dangerous and uncharted waters.”

All credit to Ryan Koopmans for pointing out in March that given how quickly the court had decided Chiodo, “Having had more than a couple days to think about it, some of the justices could easily change their mind.” The justices were on a compressed schedule in Chiodo because of the need to print ballots in time for the early voting period starting 40 days before the 2014 Democratic primary. Ned Chiodo was challenging the eligibility of Tony Bisignano, a rival candidate in Iowa Senate district 17.

Side note before I get to the key points from today’s decisions: An enormous opportunity was missed when the state legislature did not revise the 1994 law defining infamous crimes between 2007 and 2010, when Democrats controlled the Iowa House and Senate and Chet Culver was governor. The issue did not seem particularly salient then, because Governor Tom Vilsack’s 2005 executive order had created a process for automatically restoring the voting rights of most felons who had completed their sentences.

But Governor Terry Branstad rescinded Vilsack’s order on his first day back in office in January 2011. During the first five years after Branstad’s executive order, fewer than 100 people (two-tenths of 1 percent of those who had been disenfranchised) successfully navigated the process for regaining voting rights. I consider the policy an unofficial poll tax, because getting your rights back requires an investment of time and resources that most ex-felons do not have. Today’s majority decision leaves this policy in effect, with a massively disproportionate impact on racial minorities.

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Where are they now? Chet Culver edition

Former Governor Chet Culver will begin work next week as president of the YMCA of Greater Des Moines, Joel Aschbrenner reports in today’s Des Moines Register.

Culver will focus on fundraising and promotion and will report to YMCA CEO Dave Schwartz, who will continue to oversee operations and the long-term vision of the organization, YMCA officials said. […]

The YMCA is in particular need of fundraising help. The organization is trying to gather the roughly $9 million needed to finish an aquatic center at the new Wellmark YMCA. The unfinished pools, which were billed as a centerpiece of the downtown branch, sparked a rocky patch for the YMCA.

Former Y president and CEO Vernon Delpesce resigned in January after the YMCA struck out three times to secure grants to complete the aquatic center.

Those grants fell through because the YMCA “was passed over twice for federal new market tax credits and once for state brownfield tax credits,” leading to a major shortfall in the capital campaign to build the new downtown facility.

Des Moines Cityview’s Civic Skinny was first to report the Culver hire earlier this month, having noted in February that some of the former governor’s friends “are lobbying hard to get him named head of the YMCA of Greater Des Moines.”

Rick Tollakson told Aschbrenner the Y’s executive search committee decided to hire two people to handle different aspects of Delpesce’s former position. They chose Culver as president because they “valued [his] experience raising money for political campaigns, his connections around greater Des Moines and his passion for the YMCA.”

UPDATE: Iowa Public Radio’s Joyce Russell asked Culver about a possible future run for Congress.

“I’m definitely ruling it out for now,” Culver says. “I couldn’t be more excited about this next chapter.”
Culver says unlike in politics the new job will enable him to be present for his teenagers Clare and Jack.

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Friends and former colleagues remember Rich Olive

Former State Senator Rich Olive died of cancer yesterday at the age of 66. He represented Wright and Hamilton counties, along with some rural areas in Story and Webster counties, from 2007 through 2010. During that time, he chaired the Iowa Senate Government Oversight Committee.

Many Iowans who knew Olive through his work in the legislature agreed to share some of their memories with Bleeding Heartland readers.

Photo of Rich Olive at the capitol taken by Senate Democratic staff; used with permission.

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IA-Sen: Two big labor endorsements for Rob Hogg

Two of Iowa’s largest labor organizations are backing State Senator Rob Hogg in the four-way Democratic primary for the U.S. Senate. Speaking to delegates at the Iowa Democratic Party’s second Congressional district convention this morning, Hogg announced that the Iowa Federation of Labor has endorsed him, Des Moines Register’s Jason Noble reported. A couple of hours later at the first district convention, Hogg announced the support of AFSCME Council 61, which represents tens of thousands of public employees.

During his speech at a campaign event in Urbandale on April 25, Hogg mentioned his strong pro-labor voting record during four years of service in the Iowa House and ten in the Iowa Senate. Also relevant: Hogg’s main primary rival is Patty Judge, who was not known as a champion on labor issues in the Iowa legislature and was lieutenant governor when Governor Chet Culver vetoed a collective bargaining bill in 2008. I do not recall Judge speaking publicly about that bill at the time, but the veto caused lingering bad blood between Culver and the organized labor community.

Labor support doesn’t always carry the day in Iowa Democratic politics. Mike Blouin fell a bit short against Culver in the 2006 gubernatorial primary despite having more labor endorsements, including from AFSCME. Still, financial and/or organizational help from AFSCME and the IFL will be a boost for Hogg as he competes against Judge, Bob Krause, and Tom Fiegen to get out the vote before June 7. Judge spoke this morning to delegates at the third and fourth district conventions and is scheduled to appear at the other conventions in the afternoon. Krause and Fiegen were planning to appear at all the conventions today as well.

Any comments about the Senate race are welcome in this thread. At this writing, statements about the latest endorsements for Hogg have not appeared on either labor organization’s website or on Hogg’s Senate campaign website. I will update as needed.

UPDATE: Speaking by phone on April 30, Hogg said he was “really excited about the labor endorsements. I think it will really magnify the grassroots support that I already have. I think it’s because we share a view that we need to create an economy that works for all Americans. And I have that voting record in the Iowa legislature–I’ve got a 99 percent lifetime Iowa Federation of Labor voting record. I didn’t set out to have that, but that’s how they’ve scored me, and I’m very, very proud of that and very excited about the endorsement.”

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IA-03: Two big labor endorsements for Jim Mowrer

The Teamsters and United Auto Workers are backing Jim Mowrer for Congress in Iowa’s third district, the Mowrer campaign announced this morning. I enclose the full statement below, which notes that the Teamsters “represent over 12,000 Iowa working men and women in both the private and public sector” and the UAW “represents over 16,000 members throughout Iowa.” Campaign officials were not able to provide membership numbers for either union in the sixteen counties that make up IA-03. I assume most Iowans belonging to those unions live in the first or second Congressional districts.

In December, Mowrer picked up the endorsement of the SMART (Sheet Metal, Air, Rail and Transportation) Union – Transportation Division. I do not have district membership numbers for that union either. The Sheet Metal Workers International Association and the United Transportation Union PAC each contributed $2,500 to Mowrer’s campaign late last year.

To my knowledge, no other Democratic candidate in IA-03 has received any labor union endorsements or campaign contributions this cycle. Former Governor Chet Culver has been considering the race but seems unlikely to run at this point, and even if he did, his relationship with organized labor is complicated. In addition to financial support, labor unions can help with direct mail, phone-banking or other GOTV, which in a low-turnout primary could become important.

Mowrer has the lion’s share of the endorsements from prominent Iowa Democrats who have taken a public stand on this race. He has also raised the most money among first-term Representative David Young’s three declared challengers, though rival Democratic candidate Mike Sherzan has almost as much cash on hand as Mowrer after loaning his campaign $200,000.

The Democratic Congressional Campaign Committee named IA-03 an “emerging district” last week, but in contrast to the first district, where Washington Democrats are explicitly backing Monica Vernon, the DCCC appears likely to wait until after the June primary to promote a specific challenger to Young.

Any comments about this race are welcome in this thread.

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Iowa Congressional 4Q fundraising news roundup

The Iowa caucuses got in the way of Bleeding Heartland’s usual practice of covering Congressional year-end financial reports soon after the Federal Election Commission’s January 31 filing deadline. In the spirit of “better late than never,” highlights on fundraising and spending by the declared Iowa candidates are after the jump.

These numbers explain why last week the Democratic Congressional Campaign Committee got behind Monica Vernon in the first district primary but declared the third district an “emerging race” without specifying support for any candidate. That said, the New York Jobs PAC gave $1,000 to Jim Mowrer’s campaign in December; that political action committee is affiliated with Representative Steve Israel, who chairs the DCCC.

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Three Republicans join Iowa Senate Democrats in vote to terminate Medicaid privatization

This morning the Iowa Senate passed Senate File 2125, which would terminate contracts the state has signed with insurance companies picked to manage care for Iowans on Medicaid. Governor Terry Branstad announced his administration’s “modernization” plans early last year and selected four managed care providers in August, with a view to fully privatizing Medicaid by January 1, 2016. The state later terminated a contract with one of those four companies, and the federal government refused to grant the necessary waivers, saying Iowa would not be ready to shift to managed care until March 1 at the earliest.

Iowa Senate leaders made clear on day one of this year’s legislative session that Medicaid privatization would be a pressing concern. Senate President Pam Jochum has been sounding the alarm since last year, worried about how privatization would affect her developmentally disabled adult daughter and other Iowans with special needs. Jochum gave the opening and closing remarks in support of Senate File 2125 today. She repeatedly warned that the Branstad administration has tried to do too much, too fast, without input from state lawmakers or other stakeholders with expertise in the area. Fellow Democrats Chris Brase, Liz Mathis, Mary Jo Wilhelm, Rich Taylor, and Amanda Ragan echoed many of those concerns in their speeches.

During the floor debate, Republican State Senator David Johnson explained why he would vote for the bill. He read e-mails from numerous constituents expressing concern about access to health services for their loved ones on Medicaid. He pointed out that Minnesota took 20 years to transition to managed care, while Iowa is trying to implement the same changes over just one year. “It’s moving too fast. That’s the issue here. We need to put a dagger in this.”

Last week Johnson became the first GOP lawmaker to come out in favor of terminating the privatization program; I enclose below excerpts from Jason Clayworth’s report for the Des Moines Register. Johnson’s fears about “children at risk of losing services” stem from the failure of the managed care companies to sign contracts with thousands of providers who have been treating Iowans on Medicaid, including children on HAWK-I (Iowa’s version of the State Children’s Health Insurance Program). Scroll to the end of this post for more details on that access problem, based on data from the Iowa Department of Human Services.

Republicans who spoke against the bill today included Senators Jason Schultz and Mark Chelgren. Schultz claimed Democrats took “ownership” of managed care by putting assumptions about Medicaid savings into the health and human services budget for the current fiscal year. During her concluding remarks, Jochum pushed back hard against the idea that a vote for last year’s health and human services budget was a vote for managed care. Rarely do I ever agree with Schultz, but I think Senate Democrats walked into a trap there. The Branstad administration’s estimates on reduced Medicaid costs after privatization were never grounded in reality, but Democrats accepted those assumptions in the budget they passed–not because they supported the Branstad effort, but likely because doing so gave them an extra $51 million to spend on other health-related priorities.

Chelgren argued that lawmakers should keep their word after voting for a budget that assumed Medicaid would shift to managed care. He likened the situation to Congressional Republicans voting to repeal the 2010 Affordable Care Act without having a plan ready to replace “Obamacare.” The analogy fails because terminating Medicaid privatization that hasn’t been fully implemented would not be like repealing Obamacare after several years of operation. The status quo is an available and less disruptive alternative to serving the 560,000 Iowans on Medicaid. Chelgren claimed that halting Medicaid privatization and starting the process over would “betray” those who signed up as providers under the new system. That argument made no sense; public comments from Iowans on Medicaid and health care stakeholders have overwhelmingly opposed the Branstad policy.

During her concluding remarks, Jochum refuted claims that 39 other states have put Medicaid in managed care. In reality, only four states have fully privatized the system, as the governor is doing.

Shortly after the floor debate, senators voted 29 to 19 to approve SF 2125. Republicans Jake Chapman and Tom Shipley joined Johnson and all 26 Senate Democrats. Notably, those three Republicans all represent strongly GOP districts, not marginal seats.

The bill now goes to the Iowa House, where Speaker Linda Upmeyer has indicated she does not plan to bring the measure up for debate. For a nurse practitioner by training, Upmeyer is remarkably insensitive to ordinary people’s health care needs–not only those on Medicaid, but also chronically ill Iowans who could benefit from medical cannabis. A post in progress will catch up on the state of play for medical marijuana in the Iowa legislature.

UPDATE: Added more links and comments on the Medicaid debate below. According to Erin Murphy, Upmeyer confirmed today that the House will not take up SF 2125, because the governor would certainly veto it. Given how unpopular Medicaid privatization is, the public would likely support a legislative override of that veto. But at least five more Republican senators would have to change their stands to override a veto in the upper chamber. In the House, at least 24 GOP state representatives would need to support an override, assuming all 43 House Democrats voted in favor.

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