# Ed Fallon



Bakken pipeline received final federal permit; land use lawsuit pending

The U.S. Army Corps of Engineers has granted the Texas-based Dakota Access company a federal permit to build the Bakken pipeline across Iowa.

Although opponents plan various forms of direct action, the best remaining chance for stopping the pipeline is a lawsuit challenging the Iowa Utilities Board’s authority to use eminent domain for a project with no legitimate public purpose.

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Landowners challenge use of eminent domain for Bakken pipeline

Pipes intended for use in the Dakota Access pipeline being stored in Jasper County, Iowa during 2015. Photo provided by Wallace Taylor, used with permission.

The Iowa Utilities Board issued a permit for the Dakota Access (Bakken) pipeline on April 8, after declaring that Dakota Access LLC “has substantially complied with the requirements” of the board’s March 10 order. The same day, a group of agricultural landowners filed a lawsuit challenging the board’s use of eminent domain for the pipeline, intended to carry oil roughly 400 miles across eighteen counties from northwest to southeast Iowa. Litigation grounded in environmental concerns about the pipeline is expected later this year.

Follow me after the jump for more details on the land use lawsuit and ongoing efforts to block the pipeline at the federal level.

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Market forces may kill Bakken pipeline despite likely Iowa Utilities Board approval

Pipes intended for use in the Dakota Access pipeline being stored in Jasper County, Iowa during 2015. Photo provided by Wallace Taylor, used with permission.

UPDATE: As expected, the board voted unanimously to approve the permit. Scroll to the end of this post for more details and reaction.

The Iowa Utilities Board will meet this afternoon to issue a decision on the proposed Dakota Access pipeline. Everyone I know in the environmental community expects the three board members to approve the permit for this project, better known as the Bakken pipeline. Litigation is sure to follow, as opponents charge the Iowa Utilities Board’s eminent domain powers may be used only in the service of a “public good,” not “to privilege a private corporation.”

Other legal hurdles include the need for a permit from the Iowa Department of Natural Resources, because the pipeline route would cross “four areas in Iowa that have been identified as sovereign lands.” The Sierra Club Iowa chapter has been pushing for a thorough Environmental Impact Study and archaeological review. (Too many Iowa politicians from both parties signed a letter to the utilities board opposing an independent environmental impact assessment.)

Iowa State University economist Dave Swenson has long cast doubt on the “bloated” economic impact numbers Dakota Access has used to market the project. Click here for Swenson’s detailed analysis on the pipeline’s “purported economic and fiscal benefits to the state of Iowa.”

A growing number of observers believe the project no longer makes economic sense even for Energy Transfer Partners, the parent company of Dakota Access.

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Two bizarre takes on the IA-Sen Democratic primary

Patty Judge’s decision to run for U.S. Senate was Iowa’s biggest political news last week. Taking their cue from Washington-based pols who recruited the former lieutenant governor, many national reporters who covered the story took for granted that Judge will be the Democratic challenger to six-term Senator Chuck Grassley, glossing over the fact that she will face serious competition in the June primary.

On the flip side, the Des Moines Register’s Kathie Obradovich and Howie Klein of the Down With Tyranny! blog recently made some odd assessments in their reviews of the Democratic race for Senate.

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Keystone Killer to Headline Climate Caucus

“Without Jane Kleeb, the Keystone XL pipeline might be a done deal right now.” -promoted by desmoinesdem

Keystone Killer to Headline Climate Caucus

by Ed Fallon



The movement toward climate sanity has had plenty of set-backs over the years. But the tide is turning, and our recent victory with the defeat of the Keystone Pipeline is indicative of momentum swinging our way.



No one has been more instrumental in the fight to block Keystone than Jane Kleeb, the Nebraska activist who fired-up the national effort by building a powerful coalition of rural folks not typically involved in these types of struggles.

So, as folks across Iowa find themselves battling the Bakken Pipeline (truly, Keystone’s replacement), what better person to headline the Climate Emergency Caucus on Friday, January 29th from 7:00-9:00 p.m. in the auditorium of Central Campus at 1800 Grand Avenue in Des Moines?


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The 15 Bleeding Heartland posts I worked hardest on in 2015

As I mentioned on Tuesday, writing is a labor of love for me. Some posts are much more labor-intensive than others.

All of the pieces linked below took at least a couple of days to put together. Some were in progress for weeks before I was ready to hit the publish button. (No editor, deadlines, or word limits can be a dangerous combination.) A few of the particularly time-consuming posts required additional research or interviews. More often, the challenge was figuring out the best way to present the material.

Several pieces that would have qualified for this list are not included, because they are still unfinished. Assuming I can get those posts where they need to be, I plan to publish them during the first quarter of 2016.

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Iowa Senate President Pam Jochum endorsing Hillary Clinton is a big deal

Iowa Senate President Pam Jochum endorsed Hillary Clinton for president today in a guest column for the Des Moines Register. This afternoon, she will elaborate on her reasons at a Women for Hillary event in Dubuque.

Jochum joins the list of prominent Iowa supporters of Barack Obama before the 2008 caucuses who are now backing Clinton. An Iowa House Democrat at that time, Jochum headed Obama’s leadership team in Dubuque County. Obama easily won a plurality of delegates in Dubuque and carried all of the neighboring counties too.

More important, Jochum is a hero to many on what you might call “the Democratic wing of the Iowa Democratic Party.” I’m thinking of the 26 percent who voted for Ed Fallon in the 2006 gubernatorial primary, as well as people who have long advocated for campaign finance reform at the state level. Although I think highly of Senate Majority Leader Mike Gronstal, he’s not the progressive champion Jochum is–not by a long shot. She has helped fight some very tough fights, where powerful interest groups were lined up on the other side. I can’t think of an Iowa state legislator in my lifetime who has reached such a senior leadership position while being as consistently progressive as Jochum.

My impression is that many on the “Democratic wing” of the party have already committed to caucus for Bernie Sanders. Others feel conflicted as I do, drawn to Sanders for his passion and his uncompromising policy agenda, while recognizing Clinton’s strengths as a candidate and what it would mean for this country to elect a woman president. That Jochum is on board with Clinton could carry a lot of weight with undecided Democrats like me.

Before today, eight Democratic state senators and nine state representatives had already endorsed Clinton for the 2016 caucuses. I’ve enclosed the full list after the jump, along with excerpts from Jochum’s Des Moines Register op-ed.

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Iowa reaction to Supreme Court ruling on marriage equality

In a 5-4 decision announced Friday, the U.S. Supreme Court cleared the way for same-sex couples to marry in all 50 states and ordered state governments to recognize same-sex marriages performed anywhere in the country. Justice Anthony Kennedy wrote the majority opinion in Obergefell v Hodges, joined by Justices Elena Kagan, Ruth Bader Ginsburg, Sonia Sotomayor, and Stephen Breyer. Each of the dissenting justices wrote a separate opinion; all are available in this pdf file after Kennedy’s opinion. Amy Howe explained the majority opinion in “Plain English” while Lyle Denniston posted a brief analysis.

Follow me after the jump for Iowa reaction on both sides of the marriage debate. Two years ago, Bleeding Heartland compiled Iowa politicians’ comments on the U.S. Supreme Court ruling in Windsor, which struck down the federal ban on same-sex marriages but left state bans intact.

As a group, Iowa Democratic politicians are more enthusiastic and less cautious about welcoming marriage equality now than was the case in 2009, when the Iowa Supreme Court struck down our state’s Defense of Marriage Act. Many Iowa Republicans called for elected officials to overturn the 2009 Varnum v Brien ruling by passing a constitutional amendment, but reacting to the latest U.S. Supreme Court ruling, few in the Iowa GOP sounded hopeful that there was any chance to reinstate state bans on same-sex marriage.

I will update this post as needed.  

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No single issue is worth risking the Iowa Senate majority

Shortly before the end of this year’s legislative session, former State Representative Ed Fallon announced “political action” to stop the proposed Bakken Oil Pipeline. He warned that if the Iowa House and Senate did not approve a bill to block the use of eminent domain for the project, he would organize and fundraise “to help defeat one or two Democratic Senators and one or two Republican Representatives” who oppose the bill.

On June 5, the Iowa House and Senate adjourned for the year without passing an eminent domain bill in either chamber. Last week Fallon confirmed that he is sticking to his goal of defeating one or two majority party members in both the House and Senate, adding that he had already raised $4,500 toward the cause.

All I can say is, count me out of that political crusade.

Come to think of it, I have a few more things to say on the subject.

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Ed Fallon arrested after sit-in at governor's office over Bakken pipeline (updated)

Former state lawmaker Ed Fallon is in police custody tonight after he refused to leave Governor Terry Branstad’s office at the close of business today. Fallon went to the governor’s office this afternoon demanding a meeting to discuss “eminent domain legislation that would help landowners along the path of the Bakken Oil Pipeline.” More details are in a press release I’ve enclosed after the jump. Branstad’s legal counsel Michael Bousselot came out to talk with Fallon, who insisted on a meeting or phone conversation with the governor himself. Brianne Pfannenstiel reported for the Des Moines Register,

When the statehouse closed at 5 p.m., Iowa State Patrol troopers approached Fallon and asked if he would be willing to leave, or be arrested for criminal trespassing. Fallon declined to leave, so he was escorted out of the building and arrested outside.

A supporter posted on Facebook this evening that Fallon has a “jail support team attending to all his needs” and “will probably be released sometime tomorrow.” When Fallon served in the Iowa House from 1995 through the 2006 session, land use issues were a focal point of his legislative efforts. During and since that time, Fallon has opposed various proposals to use eminent domain to seize farmland for use in for-profit ventures. Earlier this year, he walked from the southeast corner of Iowa to the northeast corner along the proposed pipeline route to raise awareness and mobilize landowners and others who oppose the project. The No Bakken website and Facebook page represent a coalition of some two dozen non-profit groups that oppose the project.

The eminent domain bill Fallon wants Branstad to support is Senate File 506 (previously Senate Study Bill 1276), which passed the Iowa Senate Government Oversight Committee on May 6 with support from Democratic State Senators Rob Hogg, Brian Schoenjahn, and Kevin Kinney, and Republican Jack Whitver. Branstad warned state lawmakers in January not to “get politics into this” debate over the pipeline. The governor wants to leave the decision to the Iowa Utilities Board, which is considered likely to approve the pipeline. The Sierra Club Iowa chapter plans to fight the project before every state and federal agency that would be involved.

UPDATE: Fallon was released from jail the same evening he was arrested. In a press release I’ve posted below, he says he’s due in court on May 27 and hasn’t decided “what legal route to take yet.”

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Weekend open thread, with more marriage equality links

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

Marriage equality has been all over the news, with the sixth anniversary of legal same-sex marriage in Iowa arriving the same week the U.S. Supreme Court heard oral arguments related to state bans on marriage for LGBT couples. The Des Moines Register published charts showing Iowa poll findings on same-sex marriage going back to 1996. In that year, the Iowa House and Senate approved the Defense of Marriage Act, which the state Supreme Court struck down in the 2009 Varnum v Brien decision. Then State Representative Ed Fallon was the only Iowa lawmaker to vote against the DOMA; click here to read his passionate floor speech against the bill. I’ve posted excerpts after the jump.

The Washington Post compiled five charts showing “gay marriage’s road to popularity.” The most fascinating data point to me was that 34 percent of Republican respondents in an April 2015 nationwide Washington Post/ABC News poll now support marriage equality. Another chart shows that “Same-sex marriage attitudes also continue to be divided along religious lines.” That data set did not include Jews, however, who overwhelmingly support marriage equality.

Today’s Sunday Des Moines Register includes two good features by Mike Kilen following up on the six couples who were plaintiffs in the Varnum case. In a separate piece, Bob Vander Plaats and State Senator Dennis Guth told Kilen why they still believe it was a mistake to allow same-sex couples to marry.

Former California Governor Arnold Schwarzenegger believes the decline in Republican voter registrations in his state is linked to “divisive battle over Proposition 8,” a state constitutional amendment to ban same-sex marriage. California voters approved Prop 8 by ballot initiative in 2008, but it ceased to be in effect in June 2013, when the U.S. Supreme Court ruled that Prop 8 supporters did not have standing to appeal a lower-court ruling striking down the marriage ban.

Final note: Dowling Catholic High School in West Des Moines approved a request by a group of students to form a non-religious LGBT support club. The school recently made national news by withdrawing a contract offer made to an openly gay teacher. The new gay-straight alliance, “One Human Family,” will help provide “support, respect, and guidance” for students who either identify as LGBT or have questions about their sexual orientation.  

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Bakken pipeline links and discussion thread

The proposed Bakken pipeline is one of the most urgent issues facing Iowa’s environmental community. The Texas-based company Energy Transfer Partners wants to build the pipeline to transport crude oil from the Bakken oil fields in North Dakota to Illinois, crossing eighteen Iowa counties in the process. Governor Terry Branstad has made clear he won’t support any legislative action to stop the pipeline. That will leave the initial decision up to the Iowa Utilities Board, though approval by other state and federal agencies would be needed later; more details on that are below.

Two dozen non-profit groups have formed a coalition to fight the pipeline. You can keep up with their work on Facebook or at the No Bakken website. I’m active with several of the coalition members and enclosed the full list after the jump. The Sierra Club’s Iowa chapter outlined some of the key concerns concisely and explained how members of the public can submit comments.

Former state legislator Ed Fallon, who ran for governor in 2006 and for Congress in 2008, is kicking off a 400-mile walk along the proposed pipeline route today, starting from southeast Iowa and heading northwest over the next several weeks. I’ve enclosed below an excerpt from his first e-mail update about the walk, in which Fallon recounts a conversation with Lee County farmers whose land lies along the proposed pipeline route. Click here to view upcoming events, including a public meetings for residents of Lee County this evening, for Van Buren County residents in Birmingham on March 5, and for Jefferson County residents in Fairfield on March 6.

The latest Iowa poll conducted by Selzer & Co for the Des Moines Register and Bloomberg Politics found that a majority of Iowans support the Bakken pipeline, but a larger majority oppose using eminent domain to seize land for the pipeline. Excerpts from the Iowa poll findings are at the end of this post.

Any relevant comments are welcome in this thread.

P.S. – The company that wants to build the pipeline has claimed “the project would have an Iowa economic impact of $1.1 billion during two years of construction, creating enough work to keep 7,600 workers employed for a year.” Economist Dave Swenson explained here why such estimates are misleading.

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IA-Gov: Jonathan Narcisse announces, Ed Fallon endorses Jack Hatch

At least two Democrats will run for governor this year. Jonathan Narcisse, a former Des Moines School Board member and third-party gubernatorial candidate, announced his candidacy this morning at the African-American Museum of Iowa in Cedar Rapids. I don’t have a video from today’s event, but after the jump I’ve posted a speech Narcisse gave last month when he announced the creation of his exploratory committee. Among other things, he proposes to provide free college education for Iowa students who agree to do community service during the summers and to stay in the state for a certain number of years after graduation. Bleeding Heartland posted more background on Narcisse here. He received a little less than 2 percent of the vote in his independent campaign for governor in 2010.

Narcisse will be a big underdog in the Democratic primary, where State Senator Jack Hatch is better known, has more political experience, and will have the resources to run a more extensive statewide campaign. Hatch just reported raising nearly $300,000 for his gubernatorial campaign in 2013, plus $140,000 in loans from himself and his wife. At year-end, his campaign had $236,943.18 cash on hand.

This morning, former State Representative Ed Fallon endorsed Hatch, saying he “has been a strong progressive voice fighting for a better Iowa” for decades. Fallon represented areas of central Des Moines in the Iowa House for twelve years; during part of that time, Hatch served in the state House and Senate. Fallon ran for governor in 2006 and finished third in the Democratic primary for governor with about 26 percent of the vote. I’ve posted part of his e-mail blast after the jump.

Any comments about the governor’s race are welcome in this thread. UPDATE: Added clips on the Narcisse announcement below.

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Fallon planning "Great March for Climate Action"

Memo to politics-watchers: read carefully before speculating. Last week, Ed Fallon announced that he would roll out a new “campaign” on his 55th birthday, March 1. While some people jumped to the conclusion that the former candidate for governor and Congress was planning another bid for public office, others realized that Fallon might have in mind a campaign to raise awareness or money for some cause.

Last night Fallon revealed his plans: “This is a campaign to mobilize 1000 people to march coast-to-coast, demanding action on climate change – action from both the American people and from our public officials. The Great March for Climate Action will set-out from the west coast one year from today and arrive in Washington, DC the weekend before the mid-term election. It will be the largest coast-to-coast march in our nation’s history.”

The full announcement is after the jump. Organizing a march on that scale will be a tall order.

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IA-03: Democrats recruiting whom? (updated)

The well-informed Shira Toeplitz reported this week at Roll Call that the Democratic Congressional Campaign Committee may have a challenger to ten-term Republican Representative Tom Latham in Iowa’s third Congressional district.

I figured that before too long, Democrats would float some possible candidates for IA-03 in 2014. I didn’t figure that the leading recruit would be someone I’d never heard of.

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Gronstal, Jochum to lead Iowa Senate Democrats

Iowa Senate Democrats caucused at the state capitol yesterday to choose their leaders for the next legislative session. As expected, Mike Gronstal remains Senate majority leader. The big change will be Pam Jochum of Dubuque as Senate president to replace Jack Kibbie, who retired last year.

After the jump I’ve enclosed background on Jochum and details on the rest of the Iowa Senate leadership team. Republicans elected leaders of their Senate caucus last week. Both parties will announce committee assignments before the end of the year.

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Department of long-shot lawsuits (updated)

JANUARY 2013 UPDATE: Boswell dropped this lawsuit.

I don’t know whether anyone connected to Representative Leonard Boswell dangled a job in front of Ed Fallon in early 2008. But I’m confident that the defamation lawsuit Boswell filed against Fallon won’t end in a courtroom victory for the man who won the contentious 2008 Democratic primary in Iowa’s third Congressional district.  

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Guilty verdict in second trial of Iowa Occupy protesters

A Polk County District Court jury returned a guilty verdict this afternoon in the trespassing trial of Hugh Espey and David Goodner. According to the Des Moines Register, jurors deliberated for nine hours before reaching a verdict. It was the second prosecution of Occupy protesters arrested last October on the state capitol grounds. Last month a Polk County jury acquitted former State Representative Ed Fallon on the same trespassing charge, accepting his First Amendment defense.

Background on this week’s trial is after the jump. UPDATE: Defense attorney Sally Frank is likely to appeal. Scroll down for details.

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Iowa Democrats set caucus date for January 3

The State Central Committee of the Iowa Democratic Party voted unanimously last night to hold the 2012 caucuses on January 3, beginning at 6:30 pm. I’ve posted the IDP’s press release after the jump. The Republican Party of Iowa set their caucuses for January 3 earlier this week. Traditionally Democrats and Republicans have coordinated their caucus schedule to prevent voters from gaming the system by participating in both parties’ events.

Iowans can change their party registration on caucus night. Former State Representative and Congressional candidate Ed Fallon has encouraged Democrats to become Republicans for a day. I recently ran into one active Democratic volunteer in my precinct who plans to caucus for Representative Ron Paul in January.

I would advise Democrats to stick with their own party’s caucus. It’s a good way to meet like-minded people in your neighborhood as well as an opportunity to influence the party machinery. Precinct caucus attendees elect county convention delegates and approve platform resolutions.  

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IA-03: New Boswell-Vilsack primary speculation thread

It’s been a while since the Bleeding Heartland community discussed a possible 2012 primary between Representative Leonard Boswell and Christie Vilsack. Everywhere I go in Polk County, Democrats are talking about this race, so I thought it’s time for a new thread on the subject.

Last week Politico’s Alex Isenstadt reported that Vilsack “has been meeting with top state labor leaders, party strategists and donors as she gauges support and maps out a potential House campaign.” A bunch of Iowa insiders and Vilsack loyalists told Isenstadt about the former first lady’s strengths as a candidate. She’s good on the stump, has high name recognition and could raise a lot of money quickly. She refused to comment for his article, but Boswell told Isenstadt that he has informed Vilsack “that he had no plans to retire and that he would run again in his Polk County political base.”

Most Polk County Democrats I’ve spoken to expect Vilsack to run against Boswell in the new third Congressional district rather than in the redrawn second district, likely to contain Vilsack’s hometown Mount Pleasant. I would be surprised to see her run against Dave Loebsack in IA-02, but it could happen if the new IA-03 has a strong Republican tilt (say, containing lots of counties to the south and west of Polk but not Democratic-leaning Story, Marshall and Jasper counties). In that case, a primary against Loebsack could be more appealing than a general election against Tom Latham. I don’t have a good sense of the activist base’s commitment to Loebsack in IA-02, so I hope Bleeding Heartland readers who live in the area will weigh in. I believe many activists in IA-03 are ready for a change and would support a new candidate in a primary against Boswell.

Vilsack would be a much tougher opponent for Boswell than Ed Fallon was in 2008. The entire Democratic establishment and most allied groups like organized labor supported Boswell against Fallon. Some Democratic activists thought Fallon was unelectable or refused to consider supporting him because he had endorsed Ralph Nader’s presidential campaign in 2000. In addition, Fallon was unable to match the incumbent in fundraising.

Christie Vilsack has none of Fallon’s baggage and should have no trouble raising enough money to make the race competitive. She may even raise more than Boswell, who had just $65,276 in his campaign account at the end of 2010. (No word on how much Boswell raised at his big campaign fundraiser last month, featuring Senator Tom Harkin.) Although Boswell has a good record on women’s issues, many activists would be excited about making Vilsack the first Iowa woman to go to Congress.

During the 2008 primary, Boswell’s campaign kept Fallon on the defensive, questioning his ethics and slamming his record on ethanol and meth. The Nader trump card was played again and again. Boswell is good at “winning ugly,” as he showed last year against Brad Zaun. But I don’t see how he goes hard negative against Vilsack in a primary. My sense is that would backfire.

What do you think, Bleeding Heartland readers? Who would have the edge in a Boswell-Vilsack primary? How bad would the IA-03 map have to be to send Vilsack running against Loebsack on more friendly Democratic turf?

UPDATE: On February 3 Boswell announced the hiring of Julie Stauch as his Iowa chief of staff, beginning in March. (Sally Bowzer recently retired from the position.) Stauch is a veteran Iowa political operative and managed Boswell’s 2002 re-election campaign. In 2004, she managed Lois Murphy’s unsuccessful challenge to a Republican Congressional incumbent in Pennsylvania. In 2006, she managed Mazie Hirono’s successful Congressional bid in Hawaii. Most recently, Stauch has been chief public affairs officer for Planned Parenthood of the Heartland.

FEBRUARY 4 UPDATE: Senator Harkin seems to be trying to discourage Vilsack:

“I don’t see that happening,” Harkin says. […]

“Look, I have great respect for Christie Vilsack. I’ve known [her] a long time,” Harkin says.  “Since I’m so heaviy into education, here’s someone who has been in education all her life, so I have a lot of respect for her and her abilities. She has a lot of talent and a lot of support in the state of Iowa, but I do not see a primary with her and Congressman Boswell.”

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Attack mailers target Ako in Iowa House district 66

A critical Democratic primary contest is taking place in House district 66, where Clair Rudison is challenging two-term State Representative Ako Abdul-Samad. I discussed this race here. A Bleeding Heartland reader who lives in the district sent me images of direct-mail pieces Rudison’s campaign has sent out during the last week or so. I’ve posted the images after the jump. One says marriage is a “building block of our community,” noting that Clair Rudison wants to “let the people vote” while Ako Abdul-Samad “has consistently voted against allowing the Iowa House to bring this matter to the people.” Another points out that Ako voted for increasing vehicle registration fees. A third says Ako voted for creating the Iowa Film Office and therefore “opened the door for your tax money to be stolen by Hollywood producers.” The fourth piece draws a contrast between Ako and Rudison on all of the above issues (Iowa Film Office, vehicle fee increases, and allowing Iowans to vote on marriage).

Rudison implies that “a majority of Iowans” oppose Ako’s stance on marriage equality, but the latest KCCI poll suggests a majority favor same-sex marriage rights. House district 66 contains some of the most gay-friendly neighborhoods in Des Moines (Drake area, Sherman Hill, “East Village”), so it’s far-fetched to portray Ako as out of step with his constituents.

Rudison unfairly alleges on one mailer, “Instead of tax dollars being spent to fight crime, improve education or increase access to health care, Ako gave our money to Hollywood.” During Ako’s two terms in the Iowa House, Democrats have allocated lots of money to fighting crime, improving education and expanding access to health care, especially for children. I’m no fan of the film tax credit, but the money we wasted on that program didn’t stop Democrats from expanding children’s health care and voluntary preschool for four- and five-year-olds. I was amused to read that Rudison claims to have “opposed creation of the Film Office.” Is there a public record of that? Only one member of the Iowa House and two members of the Iowa Senate voted against creating the film tax credit. Rudison was a pastor in Fort Dodge at the time.

In an overview of this race at Iowa Independent, Jason Hancock noted that Rudison “has focused his campaign on issues like education and the state budget, pointing to the Forrest Avenue Library’s decision to close on Fridays and Saturdays due to budget cuts […].” Although Rudison hasn’t said much about gay marriage, the Iowa Family PAC (which is connected to the Iowa Family Policy Center) is supporting his campaign. Activists on the religious right have reason to support Rudison because no Republican has a prayer of winning House district 66. In addition, the only House Democrat who has consistently voted with Republicans on marriage issues (Dolores Mertz) is retiring. House Republicans would love to have Rudison join the Democratic caucus so they can continue to claim bipartisan support for their efforts to bring a constitutional amendment on marriage to a vote.

Ed Fallon represented House district 66 for 14 years and knows the area well. I share his assessment that Ako “should win this [primary] easily, but he’s not taking anything for granted, which is smart.” Ako has strong roots in the community, and he won a seat on the Des Moines School Board before running for the state legislature. He’s been making lots of voter contacts and has the endorsement of AFSCME. One Iowa’s political action committee, the Fairness Fund, has an organizer working in the district too. However, Rudison has been campaigning actively, and I don’t doubt there are many voters upset about budget cuts affecting their families, schools and local library. If you or any of your Democratic friends live in this district, please do what you can to get out the vote for Ako on Tuesday.

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Culver won't have a primary challenger after all

Jonathan Narcisse told the Des Moines Register’s Kathie Obradovich yesterday that he won’t run against Governor Chet Culver in the Democratic primary. He plans to register for the ballot as an independent candidate.

Narcisse says he collected enough signatures to get on the ballot (the deadline is Friday), but he said his changed his mind about filing based on what he heard from Iowans as he’s traveled around the state.  “They really want an independent voice,” he says, someone not tied to either party.

I asked Narcisse if he would be willing to release the signatures, because otherwise people will be skeptical that he was able to collect them. He didn’t outright refuse but he also didn’t say he would release them. He said he’s used to dealing with skepticism from the media but he’s focused on making his case to voters around the state.  But if he’s going to say he’s collected them, he should prove it.

Obradovich posted a press release from Narcisse, which explained his decision and thanked the volunteers who “helped me obtain the signatures that I needed to be on the June 8th primary ballot.”

Ever since Narcisse announced plans late last month to run for governor as a Democrat, many political observers have privately predicted that he would not be able to meet the signature requirements. Narcisse can speak knowledgeably about public policy for hours, but his campaign manager is a management consultant and former teacher with no previous political experience. Democrats seeking statewide office in Iowa had to submit more than 4,000 total signatures (0.5 percent of the party’s statewide vote in the 2008 presidential election), including at least 1 percent of the party’s vote total in that election in at least 10 counties. (Statewide Republican candidates needed to meet the same percentage targets, but that worked out to fewer total signatures because Barack Obama did so much better than John McCain in Iowa.)

A strong statewide organization could collect more than 4,000 signatures on short order; Republican candidate Rob Gettemy’s campaign collected 3,000 in the second Congressional district in just two weeks. I agree with Obradovich that observers will remain skeptical about Narcisse’s campaign if he doesn’t release his nominating petitions. Republican blogger Craig Robinson writes today that Narcisse’s story has shifted dramatically in the last three days. He concludes, “The inability for Narcisse to get on the Democratic primary ballot is a deadly blow to any credibility he may have had as a candidate.”

Ed Fallon had been recruiting some Democrat other than Narcisse to challenge Culver, but nothing materialized. In my opinion, Culver didn’t deserve a primary challenger despite the many complaints you hear about him from Iowa Democrats.

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Wayne Ford announces retirement; House district 65 open

State Representative Wayne Ford announced today that he will not seek an eighth term in the Iowa House. He plans to “to devote more time to expand statewide, nationally, and internationally” the non-profit organization Urban Dreams, which he founded 25 years ago. After the jump I posted Ford’s press release, which recounts some of his accomplishments. His work on a 2007 law requiring blood screenings for lead poisoning has benefited thousands of Iowa families and will spare many children from the many harmful effects of lead exposure, which may even emerge decades later.

During this year’s legislative session Ford introduced a bill to restore the use of Tax-Increment Financing to its original intent: redeveloping urban, blighted areas. Unfortunately, it didn’t go anywhere, but it was a great idea that would also have saved the state money.

Yesterday Ed Fallon alleged that Iowa Democratic Party officials were trying to keep Ford’s retirement secret in order to avoid a competitive primary in House district 65. Candidates have until Friday to file nominating papers with the Secretary of State’s office. The Democratic primary will in effect determine Ford’s successor because of the district’s strong partisan lean.

UPDATE: Former Iowa teacher of the year Ruth Ann Gaines becomes the first declared candidate to succeed Ford.

LATE UPDATE: IowaPolitics.com covered Ford’s farewell speech to the House. Worth a read.

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We may need a new candidate in Iowa House district 65

Ed and Lynn Fallon’s I’M for Iowa organization sent out an e-mail blast today containing the following tidbit:

Monday, 1:00 – 4:00 pm, we talk about politics, and expose what appears to be a sneaky effort in the 65th House District in Des Moines to keep Wayne Ford’s retirement a secret so party insiders can hand-pick a successor. We also talk about the Des Moines Register’s love affair with Senator Grassley, Jonathan Narcisse’s love affair with himself, and Iowa Senate Republicans’ burning love for coal.

Tom Beaumont’s latest piece on Chuck Grassley for the Des Moines Register was egregious. He depicted Grassley as an old-fashioned bipartisan hero instead of the disingenuous double-dealer he has become. But that’s a topic for another post. I’m more interested in Fallon’s take on Iowa House district 65, which covers a heavily Democratic area of Des Moines (map here).

Jason Hancock listened to today’s radio show and wrote up the story for Iowa Independent. Fallon alleges that seven-term incumbent State Representative Wayne Ford has decided to retire, but is keeping his intentions secret so that there won’t be a competitive Democratic primary in the district. Republicans have no chance of winning House district 65, but in a Democratic primary with multiple candidates, someone other than the party insiders’ choice might win.

Hancock contacted the Iowa Democratic Party for a reaction and got this comment from communications director Ali Glisson:

“Whatever a member of the legislature decides to do, it is a personal decision that I will not speculate about,” she said. “But, I can assure you that the Iowa Democratic Party is not something out of Bond movie. No ‘cover up’ is going on.  We remain confident that the Iowa House will remain under Democratic control.”

In high school debate we would have called that a “non-response.” Did Fallon say the IDP was like something out of a Bond movie, or that they were “covering up” wrongdoing? No, he’s saying they don’t want to roll the dice on a competitive primary and would rather hand-pick someone to succeed Ford. And Fallon’s allegation regarding House district 65 has nothing to do with whether the Democratic Party will retain an Iowa House majority. This is about who will determine Ford’s successor, if he retires: voters or insiders. If Ford wants another term, he should say so. If not, he should give other Democrats time to start a campaign.

Whether or not Ford plans to retire this year, it wouldn’t be a bad idea to for a progressive Democrat to collect 50 signatures (plus a few extra) in time to file nominating papers by this Friday. Community organizer Tyler Reedy won about 36 percent of the vote in his primary challenge against Ford in 2008. He worked hard in that campaign and deserves another shot if he is willing to run again.

Share any other suggestions or opinions in this thread.

UPDATE: Ford could have put this matter to rest by answering Dave Price’s question about whether he plans to run again. Four days before the filing deadline, he refused to say. If he isn’t running, he owes it to his Democratic constituents to give other potential candidates an opportunity to file for an open seat.

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Wrong time, wrong place for a Democratic primary

Ed Fallon confirmed this week that he is trying to recruit a primary challenger against Governor Chet Culver. Fallon has been sounding the alarm about Culver’s re-election prospects for some time. He now believes Culver will lose to Terry Branstad, and Iowa Democrats would have a better chance nominating someone else for governor.

I voted for Fallon in the 2006 gubernatorial primary and wrote a short book’s worth of posts at this blog on why I supported his 2008 primary challenge to Congressman Leonard Boswell.

This time, I think his efforts are misguided, and I explain why after the jump.  

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

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

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

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

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

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

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

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

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Fallons to host new radio show

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

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

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

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

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

On Tuesday, we’ll dig into Iowa politics.

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

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

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

Ed and Lynn Fallon

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

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Happy Windsor Heights zip code day!

July 1, 2009 is a big day: the 4,800 residents of Windsor Heights are no longer divided by three zip codes. It couldn’t have happened without Congressman Leonard Boswell’s legislative efforts last year, and that probably wouldn’t have happened without Ed Fallon’s primary challenge. (Note: WHO’s Dave Price attended last night’s event celebrating our new zip code.)

Don’t feel left out if you’re among the 3 million Iowans who aren’t enjoying the good life in our state’s only inner-ring suburb. You too may be affected by one of the many laws that take effect today.

The Iowa House Democrats posted a partial list of these laws on their site, and Jason Hancock provided additional information at Iowa Independent, such as the margin by which these bills passed during the 2009 session. Many won unanimous approval or overwhelming bipartisan majorities in one or both chambers.

Most of the new laws are steps in the right direction for Iowa: increased foreclosure protections; $30 million in historic tax credits; expanded health care for children, low-income pregnant women and adult children under 25; broader eligibility for wind energy tax credits; more job protection for volunteer emergency providers, electronic logbooks to track pseudoephedrine sales. A few of the highlights on the House Democrats’ list deserve additional comment.

New rules for sex offenders: I’m glad that legislators replaced pointless sex offender residency restrictions that did nothing to protect children from predators, according to prosecutors as well as advocates for exploited children.  Too bad nobody listened to State Representative Ed Fallon, who was the only legislator to vote against the 2002 law and got bashed for that vote during his primary challenge against Boswell (see also here). Speaking of campaigns, Chris Rants was one of only three state representatives to vote against the new sex offender law. Will he make this an issue in the gubernatorial race?

Manure application during winter: On principle I think it’s a bad idea for legislators to interfere with the rulemaking process at the Department of Natural Resources. However, amendments greatly improved this bill from the version that passed the Iowa Senate. In fact, the new law includes tougher restrictions on liquid manure application than the rules that the DNR would have eventually produced. It’s important to note that these restrictions only apply to manure from hogs. Cattle farmers face no new limits on what to do with solid manure during winter.

Consumer fraud protections: Iowans rightly no longer need permission from the Attorney General’s Office to sue some types of businesses for fraud. Unfortunately, this law contains an embarrassingly long list of exemptions.

Nursing home rules: It’s pure chutzpah for House Democrats to write, “Nursing homes will face higher fines for incidents resulting in death or severe injury.” More like, nursing homes will no longer be fined for the violations most likely to result in death or severe injury, but are subject to higher fines for offenses regulators never charge anyone with.

Let’s end this post on a positive note. The septic tank inspection law approved during the 2008 session also takes effect today. Over time these inspections will reduce water pollution produced by unsewered communities in Iowa. Credit goes to the legislators who approved this bill last year and to Governor Chet Culver. He wisely used his line-item veto to block State Senator Joe Seng’s attempt to sneak a one-year delay of the septic tank inspections into an appropriations bill.

This thread is for any thoughts about Iowa’s brand-new laws. Probably none of them will be as controversial as the public smoking ban that took effect on July 1, 2008.

Paging Al Gore: Leonard Boswell needs to hear from you (updated)

Chris Bowers wondered yesterday at Open Left why advocates of legislation to address global warming (the Waxman-Markey American Clean Energy and Security Act) aren’t playing hardball with Democrats who are watering down and threatening to block this bill.

By way of example, Bowers mentioned Congressman Leonard Boswell, who along with other Democrats on the House Agriculture Committee won’t vote for Waxman-Markey unless the bill is amended to benefit conventional farmers. Brad Johnson of the Think Progress “Wonk Room” provides excellent background information on what the House Agriculture Committee members want to do to Waxman-Markey.

But back to Bowers’ post. He points out that during last year’s Democratic primary for the third Congressional district, Boswell relied heavily on Al Gore’s endorsement. Boswell featured Gore’s support in direct-mail campaign fliers and radio advertising. Gore also signed a fundraising appeal for Boswell’s campaign, which included this passage:

Whether the issue is global warming or increasing the minimum wage, making college more affordable or expanding health care to every American, Leonard Boswell is on the frontlines of these issues.

Truthfully, Boswell has never been out in front on global warming. He voted for George Bush’s awful energy bill in 2005, filled with subsidies for fossil-fuel polluters. He came late to support the Safe Climate Act in the last Congress, signing on as a co-sponsor only in December 2007, after learning that Ed Fallon was planning a primary challenge.

But that’s water under the bridge. The much more serious problem is Boswell’s threat to vote down Waxman-Markey, which for all its flaws is still the best climate change bill ever to have a chance of passing Congress.

Al Gore has said global warming is one of the great moral issues of our time. It’s time for him and other prominent environmental advocates to lean on the House Democrats who are undermining Waxman-Markey.

On a related note, Ed and Lynn Fallon’s organization I’M for Iowa sent a press release on June 16 criticizing Boswell for “failing Iowans” on climate change legislation. In a separate e-mail to supporters, the Fallons challenged Boswell to “do what Al Gore would do” and support the American Clean Energy and Security Act. I’ve posted both the press release and the e-mail message from I’M for Iowa after the jump.

Members of Congress also need to hear from ordinary citizens who support a strong American Clean Energy and Security Act. Iowa Interfaith Power and Light makes it easy for you to write to your representative by clicking here. Other non-profit organizations working on this issue include Iowa Global Warming, the Iowa Renewable Energy Association, the Sierra Club Iowa chapter, and the Iowa Environmental Council.

UPDATE: Boswell’s spokesman Mark Daley responded with a statement explaining several areas of concern with Waxman-Markey despite Boswell’s “ardent support for climate change legislation.” (Let me know if you’ve seen evidence of this “ardent support” during the past 14 years.) I’ve posted the statement after the jump.

I’m not buying it for several reasons. Many people who have thoroughly studied this issue do not agree with the alleged impact this bill would have on farmers. The idea behind giving the USDA jurisdiction over the agriculture offsets is that the USDA will give farmers more offsets than the EPA would. If this is about getting more money to farmers, then I agree with Bowers that we’d be better off just handing farmers cash instead of credits.

If we want to reduce carbon-dioxide emissions from current levels, then utilities that currently rely on fossil fuels may need to do more. Boswell says this is a bias against consumers in the midwest and that the allowances for utilities should be based on “historical emissions”. I am sorry that midwestern utility companies have not been more farsighted about getting away from fossil fuels, but I don’t understand how Boswell’s approach gets us to the solution we need, which is to reduce greenhouse-gas emissions.

Speaking more generally, no one claims the Waxman-Markey bill is ideal. I could argue that a carbon tax approach would be better than cap-and-trade, but a carbon tax isn’t politically viable, so here we are. I could complain about two dozen compromises that have already been made to satisfy this or that corporate or regional interest. Ultimately, the threat global warming poses to the planet is too great to let any one group derail the whole Waxman-Markey project, as Boswell is apparently willing to do if he doesn’t get his way about USDA jurisdiction. Someone who continually bragged about Al Gore’s endorsement during last year’s primary should be able to see the bigger picture here.

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Some Iowa House Democrats will get primary challengers

The Democratic-controlled legislature failed to pass some important bills during the 2009 legislative session, including a tax reform package and all major agenda items for organized labor.

Since the fiasco that doomed the “prevailing wage” bill in February, I’ve thought that electing better Democrats to the state legislature is at least as important as electing more Democrats. With a 56-44 majority in the Iowa House, it’s ridiculous not to be able to find 51 votes for some of these bills.

According to a letter I received last weekend, Ed and Lynn Fallon of I’M for Iowa are already meeting with potential progressive challengers in some House districts. I’ve posted the full text of the letter after the jump. I share their disappointment with what the Democratic “trifecta” has accomplished since the 2006 elections.

The Fallons do not specify where they are recruiting candidates. The obvious targets are the six House Democrats who refused to support “prevailing wage.” Known in Iowa political circles as the “six-pack,” these incumbents also stood in the way of other labor bills. Of those six, Geri Huser and Dolores Mertz seem particularly likely targets, because they supported House Republican efforts to ban same-sex marriage in April. Marriage equality is one of I’M for Iowa’s priority issues.

Good opportunities for primary challengers include districts that are relatively safe for Democrats in the general election. That points to “six-pack” members Huser (House district 42), Brian Quirk (district 15) and Doris Kelley (district 20).

Challenging the rest of the group is somewhat more risky. McKinley Bailey (district 9), Larry Marek (district 89) and Dolores Mertz (district 8) represent marginal districts. In fact, first-termer Marek will probably be the most endangered Democratic House incumbent next year. Bailey beat back a strong challenge from Republicans to win a second term by a fairly healthy margin in 2008, but according to this report by Iowa Independent’s Jason Hancock, some House Democrats have been “quietly concerned” that he might consider switching parties.

Mertz is a longtime incumbent in a very conservative district. In the unlikely event that a progressive challenger defeated her, Republicans would almost certainly pick up the seat. On the other hand, a smaller Democratic House caucus without Mertz would be an improvement over a larger caucus with Mertz, in my opinion. As chair of the House Agriculture Committee, she blocks any decent bill in sight, and she will be the Republicans’ biggest Democratic ally in the fight to overturn the Iowa Supreme Court’s ruling in Varnum v Brien.

Two big questions come to mind. First, will organized labor put money and/or foot soldiers into serious Democratic primary races? Earlier this year, Ken Sagar of the Iowa AFL-CIO didn’t rule out supporting competitors to Democrats who are unfriendly to labor.

Second, will the Iowa House Democratic leadership spend money or political capital to defend targeted incumbents? In 2008 the Iowa Democratic Party blocked Huser’s primary challenger from access to the voter database. I heard from multiple sources at the time that the House Democrats made that call. Huser returned her colleagues’ favor by not being a team player during the general election campaign, then refusing to support the labor bills mentioned above.

I look forward to reading your comments on whether it’s worth taking on any House Democratic incumbents next year, and if so, which ones. The Fallons’ letter laying out the case for primary challenges is after the jump.

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Fallons blast "sham" hearing on ethics complaint

Last week the Iowa Senate Ethics Committee voted unanimously to dismiss Ed and Lynn Fallon’s complaint against State Senator Merlin Bartz, who used his official  website to promote this petition last month. The petition sought to pressure Iowa’s county recorders to refuse to issue marriage licenses to same-sex couples. The Fallons contended that Bartz failed to comply with the Senate Code of Ethics, which requires legislators to “encourage respect for the law.” They also questioned whether taxpayer money was used to support the website where Bartz promoted the petition drive and urged volunteers to send copies of their signature lists to the Iowa Family Policy Center.

The Senate Ethics Committee concluded after a few minutes’ discussion that Bartz was exercising his free speech rights.

On May 18, I’M for Iowa released a statement depicting the hearing as a “sham.” Contrary to the Iowa Senate Code of Ethics, the Senate Ethics Committee failed to inform the Fallons of the date and time of the hearing in advance. The committee also did not consider the specific questions raised in the Fallons’ complaint. I’ve posted I’M for Iowa’s statement after the jump.

It seems clear that two political realities derailed any serious inquiry into the complaint against Bartz. First, Bartz is an insider, and the complainants are outsiders. (Heck, Ed Fallon was an outsider even when he was serving in the state legislature.) Earlier this year, the Iowa House Ethics Committee dismissed with prejudice a complaint Iowa Citizens for Community Improvement filed against State Representative Dolores Mertz without seriously considering many of the issues raised by the group.

I would put very low odds on any ethics complaint filed by any citizen action group leading to disciplinary action against a state representative or senator. (Please correct me if you know of any counter-examples.)

Second, I suspect that Senate Democrats have no interest in making a martyr out of Bartz. Opponents of marriage equality are desperate to show that their rights are threatened by same-sex marriages. We don’t need Bartz to be purportedly “punished for speaking his mind” (even though that wasn’t the point of the Fallons’ complaint). Look what the National Organization for Marriage has done to make Miss California USA seem like a victim of “gay marriage activists”.

Bartz hasn’t prevented any same-sex marriages from taking place, but he has secured a reputation as the most aggressive defender of “traditional marriage” in the Iowa Senate Republican caucus. He has also helped the Iowa Family Policy Center generate lots of new leads for their next membership drive.

I’ll be interested to see whether Senate Republicans seek to replace their current leader, Paul McKinley, with Bartz next year. McKinley’s actions on the marriage front have been found wanting by some Iowa conservatives and anti-gay activists.

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No discipline for state senator who sought to pressure county recorders

Charlotte Eby reported at Covering Iowa Politics that the Iowa Senate Ethics Committee

voted unanimously Tuesday to dismiss an ethics complaint against a lawmaker who had encouraged county recorders to refuse to issue licenses to same-sex couples.

Sen. Merlin Bartz, R-Grafton, has been one of the most vocal critics of the Iowa Supreme Court decision legalizing same-sex marriage. On his Web site, Bartz had encouraged Iowans who also are opposed to same-sex marriage to sign petitions asking county recorders to not issue same-sex licenses.

Members of the ethics committee said Bartz was simply exercising his First Amendment rights to free speech, and voted 6-0 to reject the complaint after a short discussion.

Last month I posted the full text of the petition along with the language Bartz used to promote the drive on his official Iowa Senate website.

Ed and Lynn Fallon of I’M for Iowa filed the ethics complaint against Bartz, saying he should not have encouraged elected county officials to fail to comply with an Iowa Supreme Court ruling.

The petition drive did not succeed in blocking same-sex marriages; so far no county recorders in Iowa have refused to issue marriage licenses. On the other hand, I read that some petitions containing some 17,000 signatures were delivered to county recorders the week of April 27.

If even a fraction of the people who collected signatures followed Bartz’s instructions to send copies to Chuck Hurley’s Iowa Family Policy Center, then the drive will turn out to be a list-building bonanza for that organization.

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