# David Johnson



Special election coming in Iowa Senate district 1

UPDATE: Governor Kim Reynolds set the special election for Tuesday, December 14. Original post follows.

Republican State Senator Zach Whiting has resigned from the Iowa Senate to take a job in Texas, nwestiowa.com reported on October 29. In a statement, Whiting said he was proud of his service in the legislature and grateful to constituents, but could not pass up the opportunity to work for the Texas Public Policy Foundation, a conservative advocacy group.

Whiting was a staffer for U.S. Representative Steve King before winning a three-way GOP primary and the 2018 general election in Iowa Senate district 1. The previous incumbent, David Johnson, did not seek re-election that year. He had left the Republican Party to become an independent in the summer of 2016, in protest of the GOP nominating Donald Trump for president.

Governor Kim Reynolds will soon schedule a special election in November or December to fill the remainder of Whiting’s term, which runs through 2022. Senate district 1 includes all of Lyon, Osceola, Dickinson, Clay, and Palo Alto counties. Whoever wins the GOP nominating convention will almost certainly become the next senator. The district is among the reddest in Iowa, with nearly three times as many registered Republicans as Democrats.

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Iowa Senate district 49 preview: Patti Robinson vs. Chris Cournoyer

When Fred Hubbell selected State Senator Rita Hart as his running mate, Democrats had to scramble to find a new candidate in Iowa Senate district 49. Patti Robinson announced her candidacy on July 3. She will face Republican Chris Cournoyer, who has been campaigning here since last November.

Hart was favored for re-election, having won by nearly 900 votes in 2014 despite the statewide GOP landslide. However, an open seat should be highly competitive. Both parties may devote hundreds of thousands of dollars to this race, based on spending totals from the battleground Iowa Senate districts during the 2016 cycle.

Democrats are looking at a difficult state Senate map this year and can’t afford to lose any ground to maintain a realistic chance of regaining the majority in 2020. Republicans currently hold 29 of the 50 Senate seats and will pick up Senate district 1, where Iowa’s only independent lawmaker David Johnson is retiring.

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Republicans virtually guaranteed to pick up Iowa Senate district 1

State Senator David Johnson, the only independent to serve in the Iowa legislature in recent decades, announced today he will not seek re-election in November. He had won four previous state Senate races as a Republican and indicated last year that he planned to run for another term. However, Johnson had neither raised nor spent any money from his campaign account since January 1.

The retirement gives the GOP, which already holds 29 of the 50 seats in the upper chamber, a clear shot at picking up Senate district 1 in the state’s northwest corner. According to the latest figures from the Iowa Secretary of State’s office, this district contains 7,304 active registered Democrats, 20,589 Republicans, and 13,333 no-party voters. Only one seat (nearby Senate district 2) is more heavily skewed toward the GOP. Brad Price, Zach Whiting, and Jesse Wolfe are competing for the GOP nomination in Johnson’s district. Democrats did not field a candidate here.

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Iowa legislative recap: Senate confirmations

Continuing a series on news from the Iowa legislature’s 2018 session that attracted little attention before lawmakers adjourned for the year.

The Iowa Senate confirmed almost everyone Governor Kim Reynolds nominated for a state board or commission this year with unanimous or near-unanimous support. However, opposition from Democratic senators blocked three of the governor’s more than 200 appointees (full list here).

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Iowa legislative recap: Constitutional amendments

Iowa lawmakers went home for the year on May 5. In the coming weeks, Bleeding Heartland will catch up on some of the legislature’s significant work that attracted relatively little attention.

Two proposed state constitutional amendments passed both chambers and could appear on the 2020 general election ballot, if the House and Senate approve them in the same form during either 2019 or 2020.

Three other constitutional amendments cleared one chamber in 2017–in one case unanimously–then stalled in the other chamber as lawmakers completed this two-year session. Those ideas may resurface next year. But since changes to the state constitution must be passed by two consecutively elected legislatures before landing on the general election ballot (the last step in the process), Iowa voters would not be able to ratify those proposals until November 2022 at the earliest.

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A close look at a proposed Iowa constitutional amendment

Marty Ryan is a nearly retired lobbyist after 27 Iowa legislative sessions. -promoted by desmoinesdem

Lawmakers have introduced a glut of proposed amendments to Iowa’s Constitution in the legislature this year. So far, only two have survived. House Joint Resolution 2009 would guarantee the right to bear arms. Both chambers would have to pass identical language during the Eighty-Eighth General Assembly (2019-2020) in order to put that amendment on the November 2020 ballot for Iowans to approve or disapprove.

The other proposal is Senate Joint Resolution 2006, which would change the procedure for who succeeds the governor in case of death, resignation, impeachment, or inability to carry out the duties of governor. It also redefines the procedure for accomplishing that transition.

Reading the legalese of the legislative document will have you bored to death, confused, or excited to solve it like a New York Times Sunday Crossword Puzzle.

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Kim Reynolds quietly signed unconstitutional immigration bill

Governor Kim Reynolds has signed a bill designed to force Iowa police and sheriffs to assist with federal immigration enforcement.

In so doing, she undermined public safety and constitutional rights against unreasonable searches and seizures–not only for those living in Iowa without legal authorization, but also for immigrants who are lawfully present or even U.S. citizens.

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Senate confirms Iowa DHS director with four votes to spare

The Iowa Senate confirmed Jerry Foxhoven as director of the Iowa Department of Human Services in an unusually close vote on March 21.

Most of Governor Kim Reynolds’ appointees have won unanimous confirmation, as has typically been the case in Iowa for many years. Foxhoven’s nomination was controversial because of how privatized Medicaid has been managed, along with several tragedies involving abused children. Senate Democrats asked to defer consideration on the DHS director last month “until we can fully assess his leadership.”

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Terrible Iowa Senate energy bill returns – Michael Breitbach edition

Matt Chapman reports on the lengthy Iowa Senate debate over a bill that is terrible on many levels. You can watch the proceedings on video here, beginning around 9:07:30. -promoted by desmoinesdem

Republicans approved Senate File 2311, the omnibus energy bill, on March 6 after yet another late-into-the-evening debate this session. I guess the logic is the later it gets, the worse the legislation seems to be.

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Iowa Senate backs governor's power to appoint new LG

The Iowa Senate has taken the first step toward preventing a repeat of last spring’s controversy over whether Kim Reynolds would have the authority to name a new lieutenant governor following Terry Branstad’s resignation.

With broad bipartisan support, senators approved on March 7 a constitutional amendment designed to give future generations “a clear and explicit understanding of the line of succession for Iowa’s governors.”

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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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Republicans couldn't find one person to testify for bad immigration bill

Republican State Representative Steve Holt has described a bill seeking to ban “sanctuary cities” in Iowa as a “common-sense issue for a lot of people.” At an Iowa House Public Safety subcommittee meeting on January 30, Holt and fellow Republican Greg Heartsill voted to advance this poorly thought-out and possibly unconstitutional legislation, even though supporters couldn’t recruit a single person to speak in favor of it.

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David Johnson to seek re-election as independent in Iowa Senate district 1

Declaring the two-party system “badly broken,” State Senator David Johnson announced this morning that he will seek re-election as an independent in Iowa Senate district 1 next year. The former Republican won his first state House race in 1998 and was a successful candidate for the state Senate four times, serving for a decade as an assistant leader of the GOP caucus. He left the party in June 2016 to protest the nomination of Donald Trump as president.

In a statement enclosed in full below, Johnson said, “Politics in Des Moines has reached a bitterly partisan tipping point. Principle must come before party.” He added that “constituents of all political stripes have encouraged him to run again,” and that the “storied history of the House and Senate includes legislators who have not been affiliated with major parties.” According to Johnson, the last candidate to win an Iowa Senate race as an independent was William Schmedika in 1923.

Johnson didn’t face an opponent in his last two Senate races, but next year’s campaign is sure to be a hard-fought battle.

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Independent David Johnson fighting to serve on Iowa Senate committees

Independent State Senator David Johnson has asked Secretary of the Iowa Senate Charlie Smithson, the chamber’s chief parliamentarian, to instruct Republican leaders to grant him full committee assignments during the upcoming legislative session. Johnson argued that current rules and 95-year-old precedent support giving his 60,000 constituents “their rightful place at the committee table as well as the Senate floor.”

Johnson faces long odds, because while Smithson is a non-partisan official, he serves at the pleasure of Senate Majority Leader Bill Dix. And Dix has every incentive to keep his former Republican colleague from fully participating in legislative business.

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Why did Branstad and Reynolds request transition funds they didn't need?

Some surprising news arrived in the mail recently. In response to one of my records requests, Governor Kim Reynolds’ legal counsel Colin Smith informed me that “zero dollars” of a $150,000 appropriation for gubernatorial transition expenses “have been spent and there are no plans to spend any of that appropriated money.” I soon learned that the Department of Management had ordered a transfer of up to $40,000 in unspent Department of Revenue funds from the last fiscal year “to the Governor’s/Lt. Governor’s General Office to cover additional expenses associated with the gubernatorial transition.”

A Des Moines Register headline put a favorable spin on the story: “Reynolds pares back spending on office transition from lieutenant governor.” However, neither the governor’s office nor Republican lawmakers ever released documents showing how costs associated with the step up for Reynolds could have reached $150,000.

Currently available information raises questions about whether Branstad/Reynolds officials ever expected to spend that money, or whether they belatedly requested the fiscal year 2018 appropriation with a different political purpose in mind.

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Kim Reynolds misled public about Iowa attorney general's view of her powers

Top staffers for Governor Terry Branstad knew more than a month ahead of time that Iowa Attorney General Tom Miller had determined Kim Reynolds would not have the authority to name a new lieutenant governor after becoming Iowa’s head of state.

Records released by the Iowa Attorney General’s office undercut numerous public statements by Reynolds and other Republican leaders, which alleged or implied Miller had blindsided the administration with a sudden reversal of his earlier view.

Documents support Miller’s comments on May 1 about the exhaustive legal and historical research informing his 23-page response to independent State Senator David Johnson. Despite accusations made by many GOP politicians, records reveal no effort by any Democratic officials to influence Miller’s views on succession questions.

On the contrary: if the attorney general faced any political pressure to change his stance on Reynolds’ constitutional authority, available information suggests that pressure came from the governor’s office.

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Five stories: How Iowa's new abortion law will torment and endanger women

Women in Iowa have almost no options for terminating a pregnancy after 20 weeks, under a law former Governor Terry Branstad signed a few weeks ago. Proponents have claimed the measure would “save lives immediately.”

In reality, the law will cause more pregnant women to have life-threatening health problems, and will add to the suffering of parents whose babies have no chance of survival.

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Iowa Democrats face incredibly difficult path back to legislative majorities (part 1)

Many Iowa Democrats expect to have the wind at their backs for the 2018 elections, due to surging progressive activism, an unpopular Republican president, and backlash against GOP lawmakers who used their power this year to take rights away from hundreds of thousands of workers, lower wages for tens of thousands more, and undermine protections for those who suffer workplace injuries.

It’s too early to predict the political climate next fall, but Democrats need to hope for favorable external conditions as well as strong recruits and well-run campaigns. New calculations of last year’s presidential election results by state legislative district point to a very steep climb back to 51 seats in the Iowa House and 26 seats in the Senate. This post will survey the terrain in the upper chamber.

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Early clues about the Kim Reynolds leadership style are not encouraging

Lieutenant Governor Kim Reynolds will likely begin performing the duties of our state’s highest office very soon, following Governor Terry Branstad’s expected confirmation as U.S. ambassador to China. Speaking to journalists, some Republicans who have worked with Reynolds have enthused about her willingness to study the issues and be engaged in policy-making as part of her long preparation for the job.

Unfortunately, the way Reynolds has handled the controversy surrounding her authority to appoint a new lieutenant governor has revealed a willful disdain for research and opposing views.

Now, she admits she may have trouble working with Attorney General Tom Miller, whom she views as “my legal counsel” interfering with “my plan.”

If recent events reflect how Reynolds will approach other complicated and contentious issues, Iowans have reason to worry.

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Iowa attorney general: Kim Reynolds can't appoint new lieutenant governor

Iowa Attorney General Tom Miller announced today that he believes Lieutenant Governor Kim Reynolds will become the governor, and not merely “acting governor,” once Governor Terry Branstad resigns to become U.S. ambassador to China. However, in the same 23-page opinion (enclosed in full below), Miller determined that under Iowa’s constitution, Reynolds will not have the authority to appoint a new lieutenant governor once she is sworn in.

Reynolds has been vetting candidates to take her place for months, as staff in the governor’s office insisted she will have the right to appoint a new lieutenant governor. Miller’s office had indicated in December that the attorney general agreed with the Branstad administration’s view on the coming transfer of power, despite language in the Iowa Constitution stating that the governor’s powers “shall devolve upon the Lieutenant Governor” in the event of a vacancy, and calling for the Iowa Senate president to be next in line if the lieutenant governor proves incapable of “performing the duties pertaining to the office of governor.” At the time, Miller provided no legal analysis, but his office released a 1923 Iowa attorney general’s opinion, which you can read here.

Three months ago, independent State Senator David Johnson exercised his right to request a formal opinion from Miller on nine questions about the succession. He asked Miller to produce the opinion “on an expedited basis” and specifically asked him not to “simply rely on the precedent of a predecessor’s 1923 opinion.”

Staff in the Attorney General’s office, led by Solicitor General Jeffrey Thompson, conducted “extensive legal and historical research” before reaching the conclusions Miller characterized as a “split decision” during today’s press conference.

Miller noted the precedent for using the title of “governor” when previous Iowa lieutenant governors exercised the governor’s powers following a vacancy. He also noted that when vice presidents have assumed the presidency, we have called those men “president” rather than “acting president.”

Miller said five factors pointed toward the conclusion that Reynolds does not have the authority to appoint a new lieutenant governor. An important one for him was language in Article IV, Section 19 of the Iowa Constitution, which spells out the succession of power from the governor to the lieutenant governor to the president of the Senate. (I’ve enclosed that passage below.) A state constitutional amendment in 1988, which provided for the lieutenant governor to be elected on a ticket with the governor, did not change the wording about the line of succession. Furthermore, Miller found, the historical record shows “The framers [of Iowa’s constitution] intended that those in the gubernatorial line of succession be elected.”

Miller also pointed to historical practice when the U.S. Constitution’s succession language mirrored the current wording of Iowa’s constitution (saying the president’s powers “shall devolve on the Vice President”). Before the 25th Amendment to the U.S. Constitution was adopted in 1967, none of the eight vice presidents who became the head of state following the death of a sitting president attempted to appoint a new vice president for the remainder of the term.

Speaking to reporters today, Miller said that as a matter of policy, he supports the idea of the new governor having the power to appoint a new lieutenant governor. But he maintained the Iowa Constitution would have to be amended to provide for that process.

Asked what would happen if the governor’s office disagrees with his legal analysis, Miller said he expects them to follow his opinion and repeatedly expressed hope that they will do so. If Reynolds proceeds with appointing a new lieutenant governor, her action “may or may not be challenged” in court. Responding to a follow-up question, Miller clarified that the Attorney General’s Office would not file that lawsuit, repeating that he hopes Reynolds will not take that course.

I am seeking feedback from attorneys on whether an ordinary Iowa voter would have standing to go to court if Reynolds disregards Miller’s conclusions about what the constitution allows. Iowa Senate President Jack Whitver would clearly have standing, since a new lieutenant governor would take his place in the line of succession. But the loyal Republican Whitver certainly would not object.

Front-runners for the lieutenant governor spot in the Reynolds administration are rumored to include State Representative Zach Nunn and State Public Defender Adam Gregg.

UPDATE: Added early reaction from the governor’s office and other political figures below. Reynolds sounds intent on ignoring Miller’s opinion.

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Courts will have the final say over Iowa's voter ID law

New restrictions on voting in Iowa are headed to Governor Terry Branstad after one last party-line vote in the state Senate on Thursday. The final version of House File 516 contains voter ID and signature verification requirements that will surely prevent some eligible voters from having their ballots counted. For more on those barriers, read Johnson County Auditor Travis Weipert’s statement enclosed below, testimony from the public hearing in the Iowa House last month, Bleeding Heartland guest posts by representatives of One Iowa and the American Civil Liberties Union, John Deeth’s “deep dig,” and the position paper from Iowa’s Commission on Asian and Pacific Islander Affairs. That commission took its first-ever stand on pending legislation out of concern House File 516 will “impede access to the voting booth.”

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Branstad/Reynolds claims on Medicaid "not matching reality"

Real-world data don’t match figures Governor Terry Branstad and Lieutenant Governor Kim Reynolds released yesterday in order to demonstrated the alleged “continued success of modernizing our state’s Medicaid program.”

April 1 marked a year since Iowa allowed three private insurance companies to manage care for more than half a million Medicaid recipients. The shift was disruptive for thousands of Iowans as well as for caseworkers and service providers, some of which went out of business. Reimbursement problems and cutbacks to care are still affecting many people, Chelsea Keenan reported in this retrospective on the first year of the policy.

Although privatization was supposedly designed to save money and bring predictability to the state budget, the Branstad administration agreed last fall and again in February to hand over millions more state dollars to the managed-care organizations (MCOs), unlocking some $225 million in extra federal funding for the corporations, which have much higher administrative costs than Iowa’s state-run Medicaid program did.

I enclose below the latest deceptive official statements about the “modernization,” along with a demolition fact-checking job by Democratic State Senator Liz Mathis. I’ve also included independent State Senator David Johnson’s reaction to what he called a “lousy, lousy” press release. While still a member of the Republican caucus during the 2016 legislative session, Johnson worked with Democrats trying to halt Medicaid privatization or at least provide stronger legislative oversight of the program.

The Iowa Hospital Association can’t substantiate the Branstad/Reynolds claims on hospitalization rates, Tony Leys reported yesterday for the Des Moines Register. Excerpts from that story are at the end of this post.

On a related note: thousands of Iowans who follow this issue closely are mourning Rhonda Shouse, who died unexpectedly in late March. I never met Rhonda in person, but we communicated through social media, and I admired her relentless advocacy on behalf of those adversely affected by Medicaid privatization. Keenan marked her passing in the Cedar Rapids Gazette, and Leys did so in the Des Moines Register. May her memory always be for a blessing.

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Iowa Senate passes major gun bill: what changed, plus debate highlights

Legislation to make sweeping changes to Iowa’s gun laws is headed back to the state House, after the Senate approved an amended version of House File 517 on Tuesday.

All 29 Senate Republicans voted for the bill, joined by Democrats Chaz Allen, Tod Bowman, Rich Taylor, and Wally Horn. The other sixteen Democratic senators and independent David Johnson voted against it. (Taylor and fellow Democrat Kevin Kinney had backed the bill in the Senate Judiciary Committee, but Kinney voted against final passage on the floor.)

Follow me after the jump for details on what changed and stayed the same in the omnibus gun bill, as well as highlights from the Senate debate.

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Iowa Democrats, talk less about ALEC and more about people's lives

Thousands of Iowans will suffer brutal consequences from the two major bills Republican senators approved Monday. House File 295 blocks local governments from raising the minimum wage. Once Governor Terry Branstad signs the bill, thousands of people working in Linn, Johnson, and Wapello counties will get an immediate pay cut. Some 25,000 people in Polk County will be stuck earning $7.25 an hour, instead of getting a raise to $8.75, beginning next week. House File 518 will make it harder for employees to file workers’ compensation claims and will vastly reduce benefits for those who do qualify, especially anyone with a shoulder injury.

Both bills passed on party-line 29-21 votes after Republicans had rejected every effort to mitigate the harm done to working people.

As each Democratic amendment went down during hours of debate on the Senate floor, feelings of sadness, disgust and anger came through in the speeches of some Democrats and independent State Senator David Johnson. Why are you doing this, several asked their GOP colleagues. You don’t have to follow your floor manager, some pleaded. You can reject the “shameful” attempt to target poor people or those affected by life-altering workplace accidents.

Another dismal day in the Iowa legislature provoked an outpouring on social media, where progressive activists have mobilized this year in response to the Republican agenda. A measurable wave of “greater grassroots activism on the political left” is one of the few bright spots in the national landscape. In Iowa too, ordinary people are contacting their state lawmakers in record numbers and showing up to challenge them at district forums.

Watching these discussions unfold, I’ve noticed a reflexive tendency to blame one destructive Iowa GOP bill after another on the Koch brothers or the American Legislative Exchange Council. The more Democrats make the conversation about Koch money or ALEC, the easier it is for Republicans to avoid talking about the real-world consequences of their actions.

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Absurd reasoning in action as Iowa Senate approves voter ID bill

Matt Chapman covers yesterday’s Iowa Senate debate on the voter suppression bill. John Deeth explained the key points of a Republican amendment changing that bill in several important ways. -promoted by desmoinesdem

On Thursday the Senate passed along party lines the controversial voter ID bill, House File 516, and sent it to the House for approval.

Forget about Democratic amendments to accept other forms of ID such as Social Security, Medicaid or Medicare cards. Republicans voted that down.

Forget about the amendment that would restore the early voting window to the current 40 days instead of 29 days. Republicans voted that down.

Forget about the amendment that would remove the need for signatures to be examined by poll workers, which will reduce access to the polls by creating long lines and the potential for biased decision making by poll workers.

And forget about the provision that would allow two persons in the booth, since we only print ballots in English, and non-native speakers may need help understanding the ballot.

And forget about the claim that provisional ballots will be provided if you have no ID. You will have 48 hours to show up at your auditor’s office with a photo ID anyway.

And forget about the fact that the education and contacting of eligible voters is woefully underfunded.

But don’t forget about Senator Nate Boulton’s comments during closing arguments, or those of other senators disgusted by social injustice. (You should go to the archived footage and watch.)

All you need to know about the validity of the reasoning behind this bill is to listen, read or watch the closing arguments by the bill’s (I won’t say author because I think we all know who wrote this) floor manager, Senator Roby Smith.

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Senator nudges Iowa attorney general on Kim Reynolds succession questions

State Senator David Johnson wrote to Attorney General Tom Miller today to follow up on his request last month for answers to nine questions related to the coming transfer of power in Iowa. Governor Terry Branstad plans to resign following his expected confirmation as U.S. ambassador to China, which could happen in late April or early May.

I enclose Johnson’s latest letter in full below. The senator, who is not affiliated with any political party, noted the urgency of the question, because of Branstad’s upcoming U.S. Senate confirmation hearings. Johnson added, “My mail last month included a surprising number of cards and letters thanking me for making the request for an Official Opinion, as citizens’ attention has been drawn to the situation.”

Johnson’s February 1 letter to Miller requested a formal opinion “on an expedited basis” by February 15, because Lieutenant Governor Kim Reynolds will assume the governor’s powers soon. However, the Attorney General’s Office has not yet responded in writing. When I last inquired about the status of the opinion, Miller’s spokesperson Geoff Greenwood told me in a February 27 e-mail, “Our office is still working on it. I’ll let you know when we have something available.”

Several readers have asked why anyone should care whether Reynolds will have the title of governor and whether she will appoint a new lieutenant governor after Branstad leaves the scene. To recap points I explained in more detail here, allowing Reynolds to appoint a new lieutenant governor would put an unelected person (rather than the Iowa Senate president) next in line to perform the governor’s duties, should anything happen to Reynolds before January 2019. In addition, a newly-appointed lieutenant governor could travel the state in an official capacity, handling public events and generating local media coverage. In effect, Reynolds would be able to use state resources to boost the political profile of her chosen running mate for 2018.

I look forward to reading the opinion from Miller, though I still believe the best outcome would be for the seven Iowa Supreme Court justices to provide a definitive interpretation of the relevant provisions in the Iowa Constitution. Nowhere in that document is it written that the lieutenant governor is empowered to a new lieutenant governor when the governor’s office becomes vacant.

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Everything you want to know about Iowa's horrible new collective bargaining law

Republicans in the Iowa House and Senate voted today to dramatically reduce collective bargaining rights for some 180,000 public employees, following approximately 27 hours of debate in the Iowa Senate and fourteen and a half hours of debate in the Iowa House. GOP leaders moved House File 291 and Senate File 213 simultaneously through both chambers in order to speed up the process.

Democrats had offered dozens of amendments to the bills, which were published for the first time on February 7. Instead of allowing full discussion of every amendment, GOP leaders moved to cut off debate at a “time certain” today. That maneuver had never been used in the Iowa Senate and has been invoked only rarely in the Iowa House–including to end debate on the collective bargaining bill Republicans passed in March 2011. Debate ended in the Iowa House at noon, after which the majority quickly voted down all the remaining amendments with no discussion. Six Republicans joined all 41 Democrats to vote against the bill on final passage. Two of them, Tom Moore and Dave Heaton, are former teachers. Clel Baudler is a retired state trooper. Andy McKean and Shannon Lundgren were just elected from eastern Iowa swing districts, where registered Democrats outnumber Republicans. McKean is also very familiar with Chapter 20 as a former county supervisor and longtime state lawmaker. I don’t know why Mary Ann Hanusa opposed the bill. UPDATE: Hanusa did not respond to my request for comment, but I learned from another source that she is also a former teacher who works in education administration.

Senators debated all night long Wednesday into Thursday morning, with Republicans voting down every Democratic amendment. Independent State Senator David Johnson voted with Democrats on all the amendments and joined them in giving several passionate speeches. Few Republicans in either chamber chose to speak in favor of the bills, aside from Senate Labor Committee Chair Jason Schultz, House Labor Committee Chair Dave Deyoe, and State Representative Steven Holt, who floor-managed the bill and distinguished himself as the legislature’s least convincing liar. The Des Moines Register’s William Petroski summarized some of the important Democratic amendments. I didn’t stay up to watch the whole debate, so would welcome examples of some of the most absurd Republican comments, like State Senator Mark Chelgren accusing Democrats of “stalling” while his party had shown an “incredible amount of patience.” Nothing says “patient” like making sweeping changes to a 43-year-old law, affecting 180,000 Iowans, after only nine days in the legislature.

Senate leaders ended debate at 2 pm Thursday, after which Republicans voted down the remaining Democratic amendments, then substituted the text of the House bill for the Senate bill, to get the legislation to Governor Terry Branstad more quickly. Branstad’s chief of staff, Michael Bousselot, spent the final hours of debate in the Senate chamber. House File 291 eventually passed on a 29-21 Senate vote.

Iowa’s largest public-sector union, AFSCME Iowa Council 61, plans to file a lawsuit claiming the new law is unconstitutional, presumably because of the way it grants more bargaining rights to “public safety” workers than to others, many of whom do dangerous jobs. Video from a February 16 press conference by labor leaders is available here.

I enclose below statements about the bill by legislative leaders from both parties, as well as documents prepared by Iowa House Democratic and Republican staff, which discuss in more detail how House File 291 will affect collective bargaining rights for different types of public employees. Regarding substantive impacts, I also recommend the recent guest posts here by state employee Ruth Thompson, University of Northern Iowa Professor Chris Martin, and attorney James Larew, who predicted that today’s action “will be remembered as the most destructive blow to our ability to govern ourselves fairly and efficiently in nearly half a century.”

GOP spin notwithstanding, collective bargaining “reform” in Iowa was designed primarily with political goals in mind, like similar measures in other states. Republicans know that crippling public sector unions will make it harder for Democrats to win elections.

Although Republicans repeatedly claimed during the House and Senate debates that their bill would help local governments, Chapter 20 has worked so well that more than 140 school districts rushed to sign new contracts with the teachers union before the legislature acted. Boards of supervisors in several large counties passed resolutions condemning the proposal. Linn County Supervisor Brent Oleson’s case against the bill is convincing.

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Iowa House, Senate GOP leaders not co-sponsoring "personhood" bills

While most Iowa politics junkies were absorbed by lengthy collective bargaining debates in the state House and Senate, Republican lawmakers introduced identical “personhood” bills in both chambers on February 14.

Notably, leaders of the House and Senate are not among the co-sponsors of the bills declaring “that life is valued and protected from the moment of conception, and each life, from that moment, is accorded the same rights and protections guaranteed to all persons by the Constitution of the United States, the Constitution of the State of Iowa, and the laws of this state.”

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The first eight vice presidents to become president did not appoint new VPs

Reacting to my last post on questions surrounding the future title and authority of Lieutenant Governor Kim Reynolds, Joe Kristan commented that when a similar controversy arose in 1841, Vice President John Tyler set the “Tyler Precedent” by insisting he would be president for the remainder of the term to which William Henry Harrison had been elected.

I responded that the U.S. Constitution was later amended to say clearly that the vice president becomes president in the event of a vacancy–language that Iowa lawmakers chose not to introduce into our state’s constitution when amending passages related to succession on multiple occasions.

Kristan countered that nobody calls Tyler, Millard Fillmore, Andrew Johnson, Chester Arthur, Theodore Roosevelt, Calvin Coolidge, Harry Truman or Lyndon Johnson “acting presidents,” just because the 25th Amendment was subsequently adopted in 1967.

True. But guess what? None of those eight men appointed a new vice president during the term in which they assumed the powers of the presidency.

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Four things I learned about the Iowa Republicans who just voted to defund Planned Parenthood

On Thursday Iowa Senate Republicans approved a bill that would end most state and federal funding for Planned Parenthood’s family planning services. All 29 Republicans and independent Senator David Johnson voted for Senate File 2, while all 20 Democrats voted against the measure. The Senate Judiciary Committee had approved the bill on a party-line vote the previous day.

Passage was a foregone conclusion, since the entire GOP caucus co-sponsored the bill, and statehouse Republicans have been trying to defund Planned Parenthood for years.

Although I already knew Republican lawmakers were willing to force the state to spend ten times more for family planning services, with no reliable funding stream, I still learned some new things watching Senate File 2 move through the upper chamber.

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Senator asks attorney general for opinion on future title, powers of Kim Reynolds

State Senator David Johnson has asked Attorney General Tom Miller to provide an official opinion on whether Lieutenant Governor Kim Reynolds will have the title of governor and the authority to appoint a new lieutenant governor once Governor Terry Branstad resigns, as expected later this year.

Johnson asked Miller to answer nine specific questions regarding language in the Iowa Constitution stating that “the powers and duties of the office” of governor “shall devolve upon the Lieutenant Governor,” and referring to the lieutenant governor “acting as governor” and “performing the duties pertaining to the office of governor.”

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Who's who in the Iowa Senate for 2017

The Iowa legislature’s 2017 session begins today with minor adjustments to business in the state House but massive changes in the Senate. After ten years of Democratic control, the last six with a one-seat majority, the upper chamber now contains 29 Republicans, 20 Democrats, and one independent (former Republican David Johnson).

I enclose below details on the Iowa Senate majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Senate committees. Click here to find the same information from the 2016 legislative session.

Just six senators are women (five Democrats and a Republican), down from ten women serving in the chamber in 2013 and 2014 and seven during the past two years. All current senators are white. To my knowledge, the only African-American ever to serve in the Iowa Senate was Tom Mann, elected to two terms during the 1980s. No Latino has ever served in the Iowa legislature; in 2014, Nathan Blake fell 18 votes short of becoming the first to join the Senate. No Asian-American has served in the state Senate since Swati Dandekar resigned in 2011.

As a group, the members of the new majority caucus have much less legislative experience than do their Democratic counterparts. As detailed below, only three of the 29 Senate Republicans have served ten or more years in the Iowa legislature, compared to thirteen of the 20 Democrats.

Some non-political trivia: the 50 Iowa senators include two with the surname Johnson, four Marks, three Bills, and two men each named Richard (Rich and Rick), Robert (a Rob and a Bob), Dan, Tim, Tom, Jeff, and Charles (one goes by Chaz).

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Iowa Senate Democrats give David Johnson seat on Natural Resources

Former Republican State Senator David Johnson will remain an independent during the Iowa legislature’s 2017 session, but he will not be entirely shut out of committee work. William Petroski reported for the Des Moines Register this weekend that Democrats offered Johnson one of their positions on the Natural Resources Committee, recognizing his work on issues in that committee’s jurisdiction. In recent years, Johnson has been the leading Republican advocate for increasing conservation spending in the state budget as well as for raising the sales tax to fill the Natural Resources and Outdoor Recreation Trust Fund.

Johnson quit the Republican Party in June to protest the nomination of Donald Trump for president. He had occasionally found himself at odds with this GOP colleagues before then. For instance, he supported the unsuccessful Democratic effort to stop Medicaid privatization and later voted for a Democratic bill on stronger Medicaid oversight.

First elected to the Iowa House in 1998 and to the Senate in 2002, Johnson told Petroski he hasn’t decided whether to run for re-election in Senate district 1 next year. Zach Whiting, a staffer for U.S. Representative Steve King, announced in August that he will run in Johnson’s district, which is the GOP’s second-safest seat in the state. The latest figures from the Secretary of State’s office show Senate district 1 contains just 7,900 active registered Democrats, 21,374 Republicans, and 13,574 no-party voters. The five counties in the district voted for Trump by wide margins in November. The GOP nominee received 81.4 percent in Lyon, 78.8 percent in Osceola, 68.2 percent in Clay, 65.5 percent in Palo Alto, and 65.2 percent in Dickinson.

Despite having only one committee assignment for the coming legislative session, Johnson sounds content with his new independent status:

“I have made some votes in the past that I wasn’t comfortable with, and I don’t believe really represented the district that I am honored to represent,” Johnson told The Des Moines Register. “I am free now to really follow my conscience and my constituents. We always talk about how you should put your district first. Well, I can now because I represent everybody. I don’t represent Republicans here. That has created quite a furor among some Republican leaders, and that’s fine.”

According to legislative records cited by Petroski, an independent hasn’t served in the Iowa Senate since 1925 or in the Iowa House since 1972.

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IA-02 GOP nominee Christopher Peters joins #NeverTrump camp

Dr. Christopher Peters, the Republican nominee in Iowa’s second Congressional district, announced today that he will not vote for Donald Trump or Hillary Clinton. In a prepared statement, Peters said his “views don’t fully align with either party’s platform” and asserted that neither major-party nominee has exhibited the “character and judgment necessary to be president.” He rejected the “lesser of two evils” approach to voting, which in his view won’t “bring us closer to fixing” a “deeply flawed” political system.

Since launching his campaign in March, Peters has often promised to be an “independent voice” for Iowans, in contrast to five-term Representative Dave Loebsack, who “votes with the Democrats more than 90 percent of the time.” Up to now, he had avoided taking a clear stand on Trump’s candidacy. For example, speaking to Kevin Barry of KGAN-TV in Cedar Rapids in May, Peters said, “The top of the ticket I can’t control, so I’m not going to worry about it. It’s kind of like taking the Serenity Prayer at a certain point. My focus is the second district, specifically Iowa, more broadly the country as a whole. […] I don’t think Mr. Trump cares whether I endorse him or not, because he’s rich, and I’m not that rich. So I think he’ll do just fine. […] I don’t think it affects this race too much, or in any way I can control.”

When Barry pressed Peters on whether he is behind Trump, Peters replied, “He’s got till November to earn my vote. We don’t know who all the candidates are going to be yet, and we don’t know all their policy positions. Again, if I’m an independent voice, and that’s who I am, I’ll vote [for] whoever I want to vote for in November, and I haven’t made that decision yet.”

Peters did not attend the Republican National Convention in Cleveland, nor has he appeared at any Trump campaign rally in Iowa. He spoke at U.S. Senator Joni Ernst’s Roast and Ride fundraiser in late August, but left that event before Trump’s featured speech and photo op with Iowa GOP leaders. A Libertarian candidate for Iowa Senate in 2010, Peters went to Libertarian presidential nominee Gary Johnson’s rally in Des Moines over Labor Day weekend but didn’t endorse Johnson then or now.

In today’s statement, Peters said “Trump’s behavior and temperament are only a part of the problem. He has repeatedly demonstrated a poor grasp of constitutionalism, civil rights, the rule of law, the role of diplomacy versus military interventionism, and even fundamental economics. I should have spoken out against him much earlier, and regret that I failed to do so.” Scroll down to read the full commentary.

Peters and Loebsack are will attend their first candidate forum today at the Coralville Public Library, beginning at 2 pm. IA-02 leans Democratic, with a partisan voting index of D+4. The latest figures from the Secretary of State’s office indicate that the district’s 24 counties contain 171,027 active registered Democrats, 146,108 Republicans, and 172,729 no-party voters.

Although dozens of GOP members of Congress have joined the #NeverTrump ranks, Peters is the only federal candidate in Iowa willing to repudiate the party’s nominee. To my knowledge, only two other Iowa Republicans on the ballot this year have said publicly they will not vote for Trump: Hardin County Auditor Jessica Lara and State Representative Ken Rizer. State Senator Jack Whitver, who is up for re-election in 2018, has called on Trump to step aside without saying whether he would vote for Trump, assuming he remains the nominee. State Senator David Johnson, whose term also runs through 2018, left the Republican Party in June to express his opposition to Trump.

Final note: While numerous Republicans cited their concern for daughters or granddaughters when denouncing the explosive Trump videotape from 2005, I applaud Peters for condemning Trump’s “character deficiencies” as a father of three teenage sons: “if I ever learned that any of them grew up to be men who conduct themselves like Trump, I would be deeply disappointed.”

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Ken Rizer becomes first Iowa House Republican to abandon Trump

Republican State Representative Ken Rizer announced on Facebook Saturday evening that he “can’t in good conscience” vote for Donald Trump and will write in Mike Pence for president. Rizer, who supported Jeb Bush before the Iowa caucuses, said he had “aggressively prosecuted Airmen who sexually assaulted women” and is aware of “groping” and “lewd conduct” his college-aged daughters face. He concluded that Trump’s comments in a recently-released 2005 video “reveal an arrogant lack of character unfitting for a college undergrad, for an Airman, and most certainly for our Commander in Chief.”

Rizer represents House district 68, a swing seat in the Cedar Rapids suburbs. He defeated Democrat Daniel Lundby in 2014, but Barack Obama outpolled Mitt Romney here in the last presidential election cycle by 54.45 percent to 44.08 percent. The latest voter registration numbers show the district contains 6,596 active registered Democrats, 6,103 Republicans, and 7,384 no-party voters. As of October 7, Democrats in Rizer’s district lead Republicans in absentee ballots requested by 1,698 to 844 and lead in early votes cast by 672 to 221.

I enclose below more comments from Rizer this evening, a map of House district 68, and background on the incumbent and his Democratic challenger Molly Donahue. She’s on the web here and on Facebook here.

The precincts in House district 68 also lie in Iowa Senate district 34, where Democratic State Senator Liz Mathis faces Rene Gadelha in a race both parties are targeting.

I will update this post as needed if other sitting Iowa Republican lawmakers announce that they won’t support Trump. On the morning of October 8, State Senator Jack Whitver posted on Twitter, “The comments and actions by Donald Trump are inexcusable and despicable. He should step down.” However, Whitver did not clarify whether he will vote for Trump, assuming he stays in the race.

Also on October 8, State Senator David Johnson issued a statement calling on Governor Terry Branstad and Lieutenant Governor Kim Reynolds to “condemn Trump publicly” now that “Trump’s true anti-women sickness has been revealed.” Johnson is the only Iowa legislator affiliated with neither party, having left the GOP in June to protest Trump’s impending nomination for president.

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