# Gary Carlson



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

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

INTRODUCTION

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

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

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

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

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

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

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

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

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Who's who in the Iowa House for 2020

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

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

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

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

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

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Bleeding Heartland's coverage of Iowa legislative races in 2019

I’ve always enjoyed writing about legislative happenings and campaigns, since my first year on the job as an analyst covering Russian domestic politics during a parliamentary election year.

While most political reporters were understandably assigned to follow the many presidential candidates visiting Iowa in 2019, I made it a priority to keep an eye on down-ballot races. The 2020 Iowa House and Senate elections may affect our daily lives more than whether Donald Trump or the Democratic nominee wins our state’s electoral votes. For one thing, breaking the GOP trifecta is the only way to guarantee that Iowa preserves nonpartisan redistricting for the coming decade.

I’m proud that Bleeding Heartland provided more in-depth coverage of potentially competitive state legislative races than any other Iowa news source this year. All of those stories are linked below.

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Iowa House district 91 preview: Gary Carlson vs. Kelcey Brackett

UPDATE: Carlson announced on February 26 that he will not seek re-election. Original post follows.

Democrats have a solid recruit in one of the Iowa House seats on the second tier of the party’s target list for 2020. Muscatine City Council member Kelcey Brackett announced on December 13 that he will run for House district 91, now represented by three-term Republican Gary Carlson.

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First look at the Iowa House landscape for 2020

Republicans used their control over state government to inflict tremendous damage on Iowa during the 2019 legislative session: underfunding education, blocking steps that would improve Medicaid services, dismantling effective sex education programs, further undermining workers’ rights, targeting health care for transgender Iowans, and giving Governor Kim Reynolds the ability to pack our highest courts with conservative ideologues.

The disastrous outcomes underscored the urgent need for Democrats to break the Republican trifecta in 2020. The Iowa House is the only realistic path for doing so, since Reynolds won’t be up for re-election next year, and the 32-18 GOP majority in the Iowa Senate will take several cycles to undo. State Representative Andy McKean’s recent party switch improved Democratic prospects, shrinking the Republican majority in the chamber from 54-46 to 53-47. Nevertheless, a net gain of four House seats will be no easy task for Democrats.

The Daily Kos Elections team calculated the 2018 election results for governor and state auditor in every Iowa House district. Jeff Singer discussed their key findings in a May 2 post: Reynolds carried 60 state House districts, Democratic nominee Fred Hubbell just 39. The “median seat backed Reynolds 51.0-46.3, a margin of 4.7 points. That’s about 2 points to the right of her statewide margin of 2.8 points.” Eight Democrats represent districts Reynolds carried, and one (Dave Williams) represents a district where Reynolds and Hubbell tied, while “only one Republican is in a Hubbell district.”

I’d encourage all Iowa politics watchers to bookmark the DK Elections number-crunching, as well as the team’s spreadsheet on 2016 presidential results by House district.

The Daily Kos team also looked at the 2018 voting for state auditor, seeking clues on which House seats might be within reach for Democrats. I don’t find that angle as useful. Previous State Auditor Mary Mosiman ran a terrible campaign. Not only did Rob Sand outwork Mosiman on the trail, he ran unanswered television commercials for six weeks, allowing him to go into election day with higher name ID than the incumbent, which is almost unheard of. Sad to say, Democrats won’t be outspending incompetent, little-known GOP candidates in the 2020 state legislative races.

Here’s my first take on both parties’ best pickup opportunities. What appear to be competitive state House seats may shift over the coming year, depending on candidate recruitment and incumbent retirements, so Bleeding Heartland will periodically return to this topic.

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New bill is "clear attempt by MidAmerican to monopolize the sun in Iowa"

A new bill backed by MidAmerican Energy would devastate the ability of Iowans to install solar panels for their homes or businesses. House Study Bill 185 would undo a longstanding policy of net metering, which “allows residential and commercial customers who generate their own electricity from solar power to feed electricity they do not use back into the grid.”

Iowans served by monopoly providers MidAmerican or Alliant Energy have been able to use net metering since the 1980s, under rules adopted by the Iowa Utilities Board.

In recent years, MidAmerican has periodically sought to subvert net metering in various ways. Environmental advocates have been concerned the policy would become the next target for Republican lawmakers who destroyed Iowa’s decades-old, successful energy-efficiency programs last year at the behest of utility companies.

State Representative Gary Carlson introduced House Study Bill 185 this morning in his capacity as leader of the Iowa House Commerce Committee. MidAmerican’s lobbyist immediately registered in favor–often a sign that an interest group or company had a hand in writing legislation. The utility’s media relations staff did not respond to an inquiry about why the company is pushing this bill.

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Who's who in the Iowa House for 2019

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

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

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

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

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

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Twenty Iowa House races to watch, with ratings

In some states, gerrymandering predetermines the outcome of most legislative races. But many Iowa House and Senate districts are in play every election year, thanks to our non-partisan redistricting system.

Drawing on voter registration totals, recent voting history, absentee ballot numbers, and where Democratic or Republican leaders have made large expenditures, I’ve identified the state House seats most likely to indicate whether Democrats can win control of the lower chamber, where Republicans now enjoy a 59-41 majority.

The districts are grouped in four categories: Democratic-held open seat, Republican-held open seats, Democratic incumbents facing strong challengers, and GOP incumbents facing strong challengers.

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Race ratings: Battle for the Iowa House

Josh Hughes analyzes sixteen Iowa House races likely to be competitive and points to other districts that could also be in play. Hughes is a Drake University undergraduate and vice president of the I-35 school board. -promoted by desmoinesdem

Iowa Democrats have had a pretty good summer. In recent weeks, election forecasters have moved the races for governor and third Congressional district to “toss-up” status, Fred Hubbell and other Iowa Democrats have blown past Republicans in fundraising, and Iowa Republicans have begun to hit the panic button on an election many believed would not be competitive just one year ago. Democrats appear to have the wind at their back for the first time in several election cycles here, after blowout losses in 2016 and 2014.

Winning back Terrace Hill and Congressional seats is at the forefront of many activists’ minds. Doing so would be hugely impressive and important to stopping reactionary right-wing legislation at the state and federal levels. However, in order to not just stop the bad stuff but also advance good legislation, Democrats will need to do more than just defeat Governor Kim Reynolds. The race for the Iowa legislature, where 25 of 50 Senate seats and all 100 Iowa House seats are up for election this year, will determine what kind of policy will be possible over the next two years in our state.

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Iowa House passes energy giveaway bill like sneak-thieves in the night

Last night’s highly irregular Iowa House proceedings inspired Matt Chapman’s latest commentary. The chamber’s rules do not normally permit debate past midnight, but Republicans approved an amended version of a terrible energy bill a little past 5 am. A forthcoming Bleeding Heartland post will discuss the substantive changes to the legislation, which goes back to the Iowa Senate. -promoted by desmoinesdem

Senate File 2311, the Aliant Energy/Mid-American omnibus energy bill, was trotted out in the Iowa House after a more than eight-hour caucus after 10:00 pm last night. Much like last year’s bill that busted the unions for 180,000 public employees, this cowardly approach of sneaking legislation through while working Iowans are sleeping seems to be on par with the GOP’s values.

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Majority makers: 15 districts that will determine control of the Iowa House

Josh Hughes is a Drake University undergraduate and vice president of the I-35 school board. -promoted by desmoinesdem

There’s no question about it– 2018 is shaping up to be one of the most Democratic election years in nearly a decade. Polling and special election results all point to a significant advantage for Democrats in both voter preference and enthusiasm. It’s enough for most experts to consider the U.S. House a “tossup,” which is remarkable considering the gerrymandered playing field Democrats must compete on. Such a national political environment points to only one thing– the Iowa House of Representatives is in play too.

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Who's who in the Iowa House for 2018

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

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

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

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

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

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House Republicans approve workers' comp bill with major unfunded changes

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

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

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Six compelling cases against the Iowa Republican workers' compensation bill

The Iowa House and Senate could debate a bill to decimate our state’s workers’ compensation system as early as today.

For background on this chapter in the Republican war on workers, see the last section of this post. A House Democratic staff analysis (enclosed in full below) explains how House File 518 and its companion Senate File 435 would alter current law, all to the benefit of employers and to the detriment of those hurt on the job.

Other Iowans made powerful cases against this remarkably cruel proposal last week. I transcribed five people’s testimony from a 90-minute public hearing on March 7, as well as Democratic State Representative Scott Ourth’s remarks during a House Commerce subcommittee meeting on the bill.

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Weekend open thread: Post-legislative funnel edition

It was a busy week in Iowa politics, as state lawmakers raced the clock before the first “funnel” deadline on Friday. With few exceptions, non-appropriations bills not yet approved by at least one Iowa House or Senate committee are no longer eligible for consideration during the 2017 legislative session. For roundups of which bills are alive and dead, see James Q. Lynch’s story for the Cedar Rapids Gazette and the Des Moines Register article by William Petroski and Brianne Pfannenstiel. Bleeding Heartland covered the demise of the “personhood” bill here.

Some bills that didn’t clear the funnel may be attached to appropriations bills later. Republican State Senator Brad Zaun hopes to revive a medical cannabis proposal that way, Tony Leys reported for the Des Moines Register.

I enclose below Iowa Senate Minority Leader Rob Hogg’s post-funnel list of the “dirty dozen” bills that Democrats are most focused on blocking during the remainder of the legislative session.

This is an open thread: all topics welcome. I’d especially appreciate tips on newsworthy comments from today’s legislative forums around the state. A Democrat in Muscatine asked State Representative Gary Carlson this morning whether he had any evidence of election fraud and whether he would acknowledge that the Republican voter ID proposal is a voter suppression bill. Carlson told her, “I just want the right people to vote.” Probably more honest than he meant to be. John Deeth explained the latest disenfranchising provisions House Republicans want to attach to Secretary of State Paul Pate’s bill, now named House File 516.

Final note: although it was sunny and unseasonably warm today in Des Moines, only about 100 people showed up for the “Spirit of America” rally by the Capitol building. A much larger crowd came to the Capitol on a very cold Thursday in February to march against President Donald Trump’s “Muslim ban” and immigration executive orders. An estimated 26,000 turned out for the Iowa Women’s March at the same venue on a Saturday morning in January.

UPDATE: Added after the jump side by side photos of the Women’s March and today’s event. SECOND UPDATE: A reader sent me his photo (taken by a drone) of the crowd at the Capitol for the “Day Without Immigrants” rally on Thursday, February 16. Added below.

Zaun was the first speaker to the pro-Trump audience today, and he noted (accurately) that he was the first Iowa Republican elected official to endorse Trump for president. He didn’t mention that he had previously declared himself “110 percent behind” Wisconsin Governor Scott Walker, whose campaign flamed out months before the Iowa caucuses. On caucus night, Trump finished third in the Senate district Zaun represents, behind Senators Marco Rubio and Ted Cruz.

UPDATE: Past and future presidential candidate Martin O’Malley was back in central Iowa on March 4, attending a fundraiser for State Senator Nate Boulton, among other events. O’Malley’s 2016 presidential campaign had a strong organization on the east side of Des Moines, which is part of Boulton’s district. The former governor of Maryland has visited Iowa regularly since the election, including stops in Davenport to support the special election campaigns of Jim Lykam for the Iowa Senate and Monica Kurth for the Iowa House.

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Who's who in the Iowa House for 2017

The Iowa House opens its 2017 session today with 59 Republicans, 40 Democrats, and one vacancy, since Jim Lykam resigned after winning the recent special election in Iowa Senate district 45. The 99 state representatives include 27 women (18 Democrats and nine Republicans) and 72 men. Five African-Americans (all Democrats) serve in the legislature’s lower chamber; the other 95 lawmakers are white. No Latino has ever been elected to the Iowa House, and there has not been an Asian-American member since Swati Dandekar moved up to the Iowa Senate following the 2008 election.

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

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

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

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Ten Iowa legislative incumbents who raised surprisingly little for their re-election campaigns

Since the latest deadline for state legislative candidates to report to the Iowa Ethics and Campaign Disclosure Board passed on May 19, I’ve been going through the forms filed by incumbents or challengers in potentially competitive races.

Some of the contribution totals were much lower than I expected to see.

Follow me after the jump for ten Iowa House or Senate incumbents who haven’t been focused on fundraising, even though they could face tough re-election campaigns.

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Never let it be said that the 2016 Iowa legislature accomplished nothing

In four months of work this year, Iowa lawmakers made no progress on improving water quality or expanding conservation programs, funded K-12 schools and higher education below levels needed to keep up with inflation, failed to increase the minimum wage or address wage theft, let most criminal justice reform proposals die in committee, didn’t approve adequate oversight for the newly-privatized Medicaid program, opted against making medical cannabis more available to sick and suffering Iowans, and left unaddressed several other issues that affect thousands of constituents.

But let the record reflect that bipartisan majorities in the Iowa House and Senate acted decisively to solve a non-existent problem. At a bill-signing ceremony yesterday, Governor Terry Branstad and supporters celebrated preventing something that probably never would have happened.

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Iowa House Republicans try to evade accountability on medical cannabis

What do state lawmakers do when they don’t want to pass something the overwhelming majority of their constituents support?

A time-honored legislative strategy involves 1) keeping the popular proposal from coming up for a vote, and 2) giving your members a chance to go on record supporting a phony alternative.

Iowa House Republicans executed that statehouse two-step this week in order to block efforts to make medical cannabis more widely available to Iowans suffering from serious health problems.

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Will any elected Iowa Republicans vow to #NeverTrump?

In an effort to halt Donald Trump’s momentum and also to preserve some self-respect, a growing number of Republicans are vowing never to vote for Trump, even if he becomes the GOP presidential nominee. As Megan McArdle reported for Bloomberg, the #NeverTrump faction represents “all segments of the party — urban professionals, yes, but also stalwart evangelicals, neoconservatives, libertarians, Tea Partiers, the whole patchwork of ideological groups of which the Republican coalition is made.”

Former New Jersey Governor Christine Todd Whitman said she would consider voting for Hillary Clinton over Trump. At a funeral in Des Moines this past weekend, the daughter of the deceased (like Whitman a moderate Republican) struck a chord with some of the mourners when she joked during her eulogy that she was a little envious her mother would not have to vote in the presidential election now.

At the other end of the GOP ideological spectrum, staunch conservative U.S. Senator Ben Sasse of Nebraska became the first member of Congress to take the #NeverTrump pledge, laying out his reasoning in a long Facebook post.

So far, the most prominent Iowa Republican to join the #NeverTrump camp is right-wing talk radio host Steve Deace, who explained his stance in a column for the Conservative Review website. Deace worked hard to persuade fellow Iowans to caucus for Ted Cruz. Meanwhile, Marco Rubio endorser and former Waukee City Council member Isaiah McGee described himself to me as a “founding member” of #NeverTrump.

Early signs suggest that few, if any, elected GOP officials in Iowa will join the club.

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Who's who in the Iowa House for 2016

The Iowa House opened its 2016 session today with 57 Republicans and 43 Democrats. The 100 state representatives include 27 women (21 Democrats and six Republicans) and 73 men. Five African-Americans (all Democrats) serve in the legislature’s lower chamber; the other 95 state representatives are white. No Latino has ever been elected to the Iowa House, and there has not been an Asian member since Swati Dandekar moved up to the Iowa Senate following the 2008 election.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted changes since last year. All are on the Republican side, mostly following from Kraig Paulsen’s decision to step down as speaker, Chuck Soderberg’s retirement, and the passing of Jack Drake.

Some non-political trivia: the Iowa House includes two Millers (one from each party), two Taylors (one from each party), and two Moores (both Republicans). As for first names, there are six Davids (four go by Dave), four Roberts (two Robs, one Bob, and a Bobby), four Marys (one goes by Mary Ann), four Johns, and three Brians. There are two Lindas, two Elizabeths (a Beth and a Liz), and two men each named Dan, Mark, Greg, Tom, Bruce, Todd, Chris, and Charles (one goes by Chuck).

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Will elite support translate into Iowa Republican caucus-goers for Chris Christie?

From a liberal’s perspective, Bruce Rastetter is the closest thing Iowa has to a James Bond villain. After making his fortune off a polluting industry (large-scale hog confinements), Rastetter provided the “seed money” for the 501(c)4 group American Future Fund, which quickly became one of the most influential conservative dark money groups, a “prolific funder” of negative ads often “deemed false.” In 2009, Rastetter played a key role in coaxing Terry Branstad out of political retirement. He then parlayed his status as the top donor to Branstad’s 2010 gubernatorial campaign into an appointment to the prestigious Iowa Board of Regents. Thanks to a little intervention from the governor, Rastetter moved quickly into a leadership position on that board, where he “blurred the line” between business and board work, hoping to expand one of his corporations’ land holdings on another continent. Last month, Rastetter made news as the apparent mastermind behind hiring business executive Bruce Harreld as president of the University of Iowa, over strong objections by stakeholders on campus.

A certain type of Republican is as attracted to Rastetter’s power as many Democrats are repelled by it. The “quiet but fierce” Rastetter is a top donor to GOP establishment candidates and committees in Iowa. He dislikes the “kingmaker” label often attached to him, but who else could get the governor, lieutenant governor, both U.S. senators, three U.S. House members, and nine presidential candidates to show up for an event in its first year, the way Rastetter did for his Iowa Ag Summit in March?

Rastetter says he donates to candidates to “make a difference,” not to “get access.” Whatever his motives, he has tremendous influence. Governor Branstad said earlier this year that he keeps in touch with Rastetter “at least once a week” and “greatly” values the businessman’s opinions. So do some other high-dollar Republican donors, who flew with Rastetter to New Jersey in 2011, hoping to recruit Governor Chris Christie to run for president. Last week, most of those business leaders stood with Rastetter again to endorse Christie’s presidential bid. The event in Des Moines capped a good couple of months for Christie here in recruiting backers from the Iowa GOP establishment.

How much will those endorsements help the New Jersey governor win over rank and file Iowa Republicans who show up at precinct caucuses?  

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Iowa AG Miller to GOP lawmakers: No authority to investigate fetal tissue transfers

Iowa Attorney General Tom Miller has informed 56 Republican state legislators that his office has neither “jurisdiction over transfers of fetal tissue” nor the “authority to investigate or demand information about the transfer of fetal tissue.” In a letter dated today, Miller noted that “Iowa does not have any state laws governing the transfer of fetal tissue,” which means that only offices of U.S. Attorneys are able to enforce federal laws in this area.

Last month, the GOP lawmakers asked Miller’s office “to investigate current and planned abortion operations within Iowa to ensure compliance with the law.” Their letter set out ten detailed questions regarding the disposal, donation, or possible sale of body parts following abortions. Miller directed the legislators to contact U.S. attorneys’ offices in Iowa if they “have reliable information that federal laws relating to fetal tissue are being violated.”

I enclose below the August 24 letter from Iowa House and Senate Republicans, today’s written response from Miller, and a two-page letter Planned Parenthood of the Heartland provided to the Attorney General’s Office regarding the lawmakers’ query. Planned Parenthood’s response noted that the organization “does not now, and has not in the past, participated in” any fetal tissue donation programs but adheres to “rigorous standards of care” and “compliance with all applicable laws and regulations” in every area of its work, including abortion services.

Many Iowa Republicans will be furious, not only because Miller will not act on their unfounded suspicions, but also because the Attorney General’s Office responded to their query in what appears to be a textbook late-afternoon, pre-holiday-weekend news dump.

Also worth noting: Iowa House Speaker-select Linda Upmeyer and incoming House Majority Leader Chris Hagenow did not sign the August 24 letter to Miller, but House Speaker Pro-Tem Matt Windschitl, incoming Majority Whip Joel Fry, and Assistant Majority Leaders Zach Nunn, Jarad Klein, and Walt Rogers did. Iowa Senate Minority Leader Bill Dix did not sign the letter, but Minority Whip Jack Whitver and Assistant Minority Leaders Rick Bertrand, Randy Fenestra, Charles Schneider, and David Johnson did.

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Iowa Senate, House approve gas tax increase

A bill that would raise Iowa’s gasoline tax by 10 cents a gallon is on its way to Governor Terry Branstad’s desk after approval today by both chambers in the Iowa legislature. The Iowa Senate passed Senate File 257 this morning by 28 votes to 21. Sixteen Democrats and twelve Republicans voted for the bill, while ten Democrats and eleven Republicans opposed it. Senate Majority Leader Mike Gronstal had reportedly insisted on at least half the GOP caucus supporting a gas tax increase as a condition for bringing the bill to the floor.

A few hours later, the Iowa House took up the Senate bill (rather than the bill that cleared two House committees last week). Thirty Republicans and 23 Democrats voted yes, while 26 Republicans and 20 Democrats voted no.

Only two state legislators missed today’s votes: Republican State Senator Mark Chelgren and Republican State Representative Chip Baltimore. Baltimore voted against the House version of this bill in committee last week, while Chelgren doesn’t serve on the committees that approved the bill in the Senate. Chelgren appears to have been absent for all of today’s votes, while Baltimore was at the Capitol but left the chamber when the gas tax bill came up. Speaking to reporters later, he tried to make a virtue out of his absence: “I refuse to legitimize either the bill or the process with a vote.” Weak sauce from a guy who is widely expected to seek higher office someday.

Conservative groups are urging Branstad to veto Senate File 257, but that seems unlikely, given the governor’s recent comments on road funding. Branstad’s spokesman said today that the governor will carefully review the final bill before deciding whether to sign it.  

After the jump I’ve enclosed the roll call votes in both chambers, as well as Senate Transportation Committee Chair Tod Bowman’s opening remarks this morning, which summarize key points in Senate File 257.

Final note: several of the “no” votes came from lawmakers who may face competitive re-election campaigns in 2016. Those include Democrats Chris Brase (Senate district 46), Steve Sodders (Senate district 36), and Mary Jo Wilhelm (Senate district 26), and Republicans Dennis Guth (Senate district 4) and Amy Sinclair (Senate district 14).

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Department of strange omissions

UPDATE: The day after this post appeared, Iowa House Speaker Kraig Paulsen yanked Highfill from the Ways and Means Committee.

Did anyone read Josh Hafner’s feature on Republican State Representative Jake Highfill in Sunday’s Des Moines Register? The gist was that Highfill, the youngest current Iowa House member at age 24, has grown into his job as state legislator. He now feels “mature, more confident, he said, like he has a handle on the issues,” and his constituents aren’t bothered by his youth.

A few salient facts were missing from the profile.

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Iowa House Republicans accept marriage equality but can't admit it yet

Four years ago, Republicans rushed to pass a state constitutional amendment restricting marriage to one man and one woman within weeks of regaining control of the Iowa House. Every member of the GOP caucus was on the same page.

Two years ago, the marriage amendment failed to come up for a vote in the Iowa House, but a majority of Republican lawmakers still co-sponsored the legislation.

Now, signs point to Iowa House Judiciary Committee Chair Chip Baltimore letting the marriage amendment die quietly, as he did in 2013. Fewer than a quarter of the 57 House Republicans signed on to the latest effort to turn back the clock on marriage rights. At the same time, only one GOP lawmaker is “loud and proud” about supporting the right of all Iowans to marry the person they love.

Follow me after the jump for a breakdown of where Iowa House Republicans stand on the “traditional marriage” amendment, and speculation on why so many of them aren’t trying to pass it anymore, even though they ostensibly don’t support LGBT marriage rights.  

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Who's who in the Iowa House for 2015

The Iowa House will begin its 2015 session on January 12 with 57 Republicans and 43 Democrats (assuming a Republican wins the January 6 special election in House district 4). Depending on who wins that special election, the 100 state representatives will include either 27 or 28 women, and either 72 or 73 men.

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

Some non-political trivia: two of the three state representatives with the surname Olson retired this year, as did one of the two Iowa House members named Smith. There are still two Millers and two Taylors in the legislature’s lower chamber, one from each party. As for first names, the new cohort contains five six Davids (four go by Dave), four Roberts (two Robs, one Bob, and a Bobby), four Marys (one goes by Mary Ann), three four Johns, and three Brians. There are two Lindas, two Elizabeths (a Beth and a Liz), and two men each named Dan, Mark, Greg, Chuck, Bruce, Todd, and Chris.

2015 UPDATE: Added below information for John Kooiker, who won the House district 4 special election, and David Sieck, who won the House district 23 special election.  

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2014 election results discussion thread

Polls across Iowa close in just a few minutes, and I’ll be updating this post with results throughout the evening. Any comments about any of today’s races, in Iowa or elsewhere, are welcome in this thread.

Many races on the east coast and in the Midwest have already been called. As expected, Republicans picked up the U.S. Senate seats in West Virginia, Arkansas, and South Dakota. Louisiana will go to a runoff in December. Jeanne Shaheen held the New Hampshire Senate seat for Democrats, but Kay Hagan may be in trouble in North Carolina, and in a potentially stunning upset, Mark Warner is behind in Virginia. He needs a strong turnout in the DC suburbs.

As state-level results come in, these are the key Iowa Senate races to watch, and these are the key Iowa House races to watch. For the last four years, Democrats have held a 26-24 Iowa Senate majority. For the last two years, Republicans have held a 53-47 Iowa House majority.

UPDATE: Polls are closed and further updates will be after the jump. News organizations called the governor’s race for Terry Branstad immediately.  

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20 Iowa House races to watch tonight

Thanks to Iowa’s non-partisan redistricting process, we have an unusually large number of competitive state legislative districts. In any given general election, depending on candidate recruitment, between one dozen and two dozen of the 100 Iowa House districts could be up for grabs. Democrats and Republicans spend big money on a much smaller number of districts; this year, only seven Iowa House races involved a large amount of television advertising. But the parties and candidates invest in direct mail and/or radio commercials in many more places than that.

Republicans go into election day favored to hold their Iowa House majority, which now stands at 53 seats to 47. Carolyn Fiddler has pegged seven “districts to watch” at her Statehouse Action blog, and in September, the Des Moines Register’s Jason Noble discussed five districts he viewed as “key to Iowa House chamber control.” I see the playing field as much larger.

Follow me after the jump to review 20 Iowa House seats that will determine control of the chamber for the next two years.

Caveat: most years, there’s at least one shocking result in an Iowa House district neither party had their eye on. I’m thinking about Tami Weincek defeating a longtime Democratic incumbent in Waterloo in 2006, Kent Sorenson defeating a Democratic incumbent in Warren County in 2008, three Democratic state representatives who had run unopposed in 2008 losing in 2010, and Democrat Daniel Lundby taking out the seemingly safe Republican Nick Wagner in the Linn County suburbs in 2012. Wagner had run unopposed in the previous election.

So, while I don’t expect any of the “favored” seats discussed below to change hands, I would not rule out a surprise or two. That would be excellent news for the stealth challenger’s party.

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Crowded Republican primary coming in Iowa House district 91

Kevin Hall reported for The Iowa Republican blog yesterday that a fourth candidate is planning to seek the GOP nomination in the open Iowa House district 91. Republican State Representative Mark Lofgren is vacating the seat to run for Congress against four-term Democratic incumbent Dave Loebsack. It’s a swing district where President Barack Obama outpolled Mitt Romney in the 2012 election, even as Lofgren was re-elected.

Hall provided some background on Gary Carlson:

Carlson is an executive with HNI, the parent company of HON Furniture in Muscatine. HNI is a global company, with 10,000 employees. Prior to being a vice-president at HNI, Carlson was the president and CEO of the Muscatine Chamber of Commerce. He also served as the vice-president at the Bandag Corporation, where he managed Bandag operations in Europe, the Middle East, and Africa from 1974-1997.

I wonder whether all three other declared GOP candidates in House district 91 (Emily Lofgren, Mark LeRette, and Mark Cisneros) will follow through before the filing deadline next March. So far only one Democratic candidate has announced in the district, John Dabeet.

Speaking of Mark Lofgren, I find it pathetic that ten days into the federal government shutdown, he’s said nothing about the situation on his Congressional campaign website, twitter feed, or Facebook page. Most of the Iowans running for Congress have given some idea of whether they favor a “clean” continuing spending resolution to fund the federal government, or whether they would insist on conditions such as defunding/delaying the 2010 health care reform law. Lofgren is doing lit drops and attending Republican fundraisers, but he has nothing to say to a wider audience about the most important job of Congress: passing a budget. If Mariannette Miller-Meeks takes another shot at IA-02 (and I think she will), I hope she destroys Lofgren in the primary. She crushed three GOP rivals in 2010 before losing the general election to Loebsack.

UPDATE: Bleeding Heartland user Columcille points out in the comments that Emily Lofgren dropped out of the House district 91 race on October 11. She says she will focus on getting her father elected to Congress. Lofgren ran her father’s 2010 Iowa House campaign against a Democratic incumbent.

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