# Herman Quirmbach



Senate confirms Iowa DHS director with four votes to spare

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

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

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No magical economic boom will make Iowa GOP's tax cuts affordable

Iowa Senate Republicans are barreling ahead to debate a regressive tax plan that would reduce state revenues by 10 to 15 percent within five years. Senate Ways and Means Committee Chair Randy Feenstra, lead author of Senate File 2383, continued to describe his proposal as “bold, pro-growth tax relief” after a non-partisan analysis projected massive revenue losses.

Meanwhile, newly-released records show that in communications with other GOP senators, Feenstra greatly understated the cost of an earlier draft of his tax proposal. The documents don’t indicate whether the head of Senate’s tax-writing committee misunderstood numbers provided by the Iowa Department of Revenue or misrepresented them to downplay the price tag. (Feenstra has not responded to my inquiry.)

What is clear: the Department of Revenue never predicted that deeply cutting taxes would produce “excess” economic growth. Which isn’t surprising, since no economic boom materialized in states like Kansas and Louisiana after Republicans destroyed those states’ ability to pay for essential services.

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Republicans blow a billion-dollar hole in the budget (updated)

Matt Chapman reports from today’s Iowa Senate committee hearings on a massive tax bill published the previous day. -promoted by desmoinesdem

Senate Republicans dropped Senate Study Bill 3197 on February 21, scheduling a subcommittee on the tax plan first thing the following morning and a full Ways and Means Committee to consider the bill shortly after lunch. They had employed a similar shock-and-awe tactic last week to get Senate Study Bill 3193 through the legislature’s “funnel” on the last possible day. That bill, modeled after a Florida law deemed unconstitutional, called for drug testing Medicaid and food assistance (SNAP) recipients, along with quarterly instead of yearly recertification and work requirements.

In opening comments on his tax proposal, Senate Ways and Means Chair Randy Feenstra said SSB 3197 was “bold” and would save Iowans an average of $1,000 in taxes. You can watch the whole meeting on video here.

Senator Pam Jochum, the ranking Democrat on the committee, said she was looking forward to input from EMS and firefighters, among others, since this bill would end deductions. She was also concerned that there was no fiscal impact statement and wanted to be sure it fit the budget. Jochum asked Feenstra if he had any data he could share.

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GOP lawmakers approve third-smallest K-12 funding increase in four decades

Iowa House and Senate Republicans approved about $32 million in additional spending for public K-12 school districts today, which works out to $67 per pupil, according to the non-partisan Legislative Services Agency. The 1 percent increase in allowable growth, sometimes called supplemental state aid, is the third-smallest by percentage since Iowa adopted the current school funding system in the early 1970s.

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Who's who in the Iowa Senate for 2018

The Iowa Senate begins work today with 29 Republicans, 20 Democrats, and one independent, former Republican David Johnson.

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

Just six senators are women (five Democrats and a Republican), down from ten women serving in the chamber in 2013 and 2014 and seven during 2015 and 2016. All current senators are white. To my knowledge, the only African-American ever to serve in the Iowa Senate was Tom Mann, elected to two terms during the 1980s. No Latino has ever served in the Iowa legislature; in 2014, Nathan Blake fell 18 votes short of becoming the first to join the Senate. No Asian-American has served in the state Senate since Swati Dandekar resigned in 2011.

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

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Iowa Republicans found yet another way to hurt teachers this year

No matter how closely you were following the horror show that was the Iowa legislature’s 2017 session, chances are you didn’t notice every Republican favor to moneyed interests at the expense of working people, especially public sector employees.

So it was that I learned just this week about a new law that could cost some Iowa educators part of their retirement savings.

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

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

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

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

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Journalists, stop validating Republican spin on voter ID

Later today, Iowa Senate Republicans will give final approval to a bill that could prevent thousands of eligible voters from casting ballots. A broad coalition of groups oppose House File 516, because common sense and research on similar laws in other states overwhelmingly point to one conclusion: voter ID and signature verification requirements will create barriers to the exercise of a fundamental constitutional right, disproportionately affecting students, the poor, the elderly, and people of color.

Republicans don’t acknowledge any of the expert testimony. They pay no attention to the conservative judge who regrets his ruling on Indiana’s voter ID law, having concluded that such laws are “a means of voter suppression.” They keep insisting their so-called “election integrity” bill won’t block a single citizen from voting.

They offer up false equivalencies, saying in their newsletters and on the Senate floor that Iowa Democrats also passed a voter ID law when they controlled both legislative chambers.

These tactics can be effective because most news reports on contentious issues give equal weight to both sides, even if one side is not credible. The “he said/she said” frame with no effort to evaluate competing claims is one of my major journalism pet peeves.

But I realized last Friday that when a politician stretches the truth, a reporter’s incompetent fact-check is worse than no fact-checking at all.

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Only four senators voted to hold Geri Huser accountable

Disappointing but not surprising: the Iowa Senate on April 10 confirmed Geri Huser as chair of the Iowa Utilities Board by 44 votes to four. Senators delayed consideration of Huser’s nomination in late March, after Ryan Foley reported for the Associated Press that she “has maintained a busy and profitable private legal practice” during her first two years as board chair.

Iowa Code 474.8 stipulates that each utilities board member “shall devote the member’s whole time to the duties of the office.” For decades, every other attorney appointed to that board halted his or her legal practice during the term of service. For some reason, Huser decided those standards need not apply to her. She has also given out conflicting information about her work for the Skinner Law Office. Although she has claimed not to receive any income from that firm, she appears to work out of their office, as Bleeding Heartland discussed near the end of this post.

Only four senators–Democrats Tony Bisignano, Kevin Kinney, Bob Dvorsky, and Herman Quirmbach–found Huser’s outside legal work concerning enough to oppose giving her two more years of greater administrative responsibility and higher pay as the board chair. Most Iowa Senate confirmations are unanimous, so four votes against Huser indicates unusually strong discomfort with her conduct.

On the other hand, the 44 senators who supported Huser on Monday sent a clear message to Iowans. If state law on devoting one’s “full time” to public service gets in the way of a earning a side income, sometimes during regular business hours, powerful and well-connected officials don’t need to follow that rule.

Huser’s ongoing legal practice isn’t her only unprecedented behavior as Iowa Utilities Board chair. Less than six months into her term, she withheld funding for energy centers affiliated with state universities. That inappropriate exercise of her authority was disruptive to the centers and possibly illegal. At the time, a former lawmaker who helped create the energy centers described Huser’s interference as “way out of line.”

Democratic State Senator Joe Bolkcom works at the Center for Global and Regional Environmental Research at the University of Iowa, which got caught up in Huser’s power play, even though the Iowa Energy Center at Iowa State University was her primary target. I am seeking comment from Bolkcom on his vote to confirm Huser and will update this post as needed.

Absurd reasoning in action as Iowa Senate approves voter ID bill

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

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

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

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

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

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

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

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

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

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

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Higher education would take a huge hit in Branstad's budget

While delivering his final condition of the state address to Iowa lawmakers on Tuesday, Governor Terry Branstad warned that he was offering “difficult” recommendations to cover a shortfall of more than $100 million in the current-year budget. His speech played up the good news: “My proposal does not include across-the-board cuts, does not reduce funding for K through 12 education, does not reduce property tax credits and does not include furloughs for state employees.”

The bad news was buried deep in a 196-page two-year budget blueprint. Nearly a third of the governor’s proposed spending cuts this year would fall on Iowa’s public universities and community colleges. The underfunding doesn’t stop there.

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Who's who in the Iowa Senate for 2017

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

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

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

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

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

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Rob Hogg, Amanda Ragan to lead Iowa Senate Democrats

Iowa Senate Democrats unanimously chose Rob Hogg today to serve as Senate minority leader during the upcoming legislative session. Amanda Ragan will be the new minority whip, and the incoming assistant leaders will be Bill Dotzler, Liz Mathis, Rita Hart, Joe Bolkcom, Matt McCoy, and Herman Quirmbach.

Six Democratic senators lost their re-election bids this month, including Mike Gronstal, who had served as either minority or majority leader of the caucus since 1997. Pam Jochum, who was Senate president for the past four years, will not be on the new leadership team. Ragan, Dotzler, and McCoy were among last year’s assistant majority leaders, while Bolkcom served as majority whip.

Erin Murphy reported for the Quad-City Times,

Hogg said Senate Democrats will speak on behalf of Iowans “who need state government to work” and attempt to prevent Republicans from implementing policies that could damage the state’s economy or adversely affect its residents.

“I’m hopeful we can stop Republicans from going down a knee-jerk, partisan pathway,” Hogg said.

I see no realistic chance to stop Republicans from using their large majorities in both chambers to head down that partisan pathway. Among their likely top priorities: cutting taxes so that most of the benefits go to corporations and higher-income individuals, gutting Iowa’s 42-year-old collective bargaining law, restricting abortion rights, ending state funds for Planned Parenthood’s non-abortion services, adopting the gun lobby’s wish list (“stand your ground,” “constitutional carry,” and/or open carry), and making it harder for Iowans to vote. Republicans will almost certainly need to reduce funding for education and a variety of social net programs, such as Medicaid and child care assistance, to pay for those tax cuts.

All Democrats can accomplish these next two years is to warn ahead of time how such policies will hurt the majority of Iowans, and to “document the atrocities” after Governor Terry Branstad signs the various harmful bills into law.

I enclose below a news release with more comments from Hogg. O.Kay Henderson’s profile of Gronstal for Radio Iowa is worth reading.

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Seven ways ISU President Leath's airplane excuses don't add up

Iowa State University President Steven Leath tried on Monday to cut off further scrutiny of how he used a university plane. Shorter version of the seven-paragraph statement you can find near the bottom of this post: I did nothing wrong, and I won’t do it again. End of story. Leath has donated $15,000 to the ISU Foundation scholarship fund to cover costs associated with fixing and storing a Cirrus SR22 damaged in a July 2015 “hard landing.”

While ISU spokesperson John McCarroll slow-walks my information requests, refusing to send me even the insurance policy that should take his staff minutes to retrieve, now seems like a good time to explain why Iowans haven’t heard the last about this scandal.

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Friends and former colleagues remember Rich Olive

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

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

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

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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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Branstad names Bruce Rastetter ally Michael Richards to Board of Regents

Governor Terry Branstad appointed Michael Richards to the Iowa Board of Regents last Friday. Subject to confirmation by the Iowa Senate, Richards will serve the last five years of Mary Andringa’s term on the nine-member board, which oversees Iowa’s state universities. Andringa announced her resignation in late April, saying she had “underestimated the time required to fully serve in this role.” (It soon emerged that she is a paid director for the Herman Miller furniture company, which received a multimillion-dollar no-bid contract from the University of Iowa last year.)

An alumnus of the University of Iowa undergraduate college and medical school, Richards has held management positions in various corporations, inside and outside the health care field. The official announcement of his appointment mentions several of those jobs as well as Richards’ philanthropy.

Richards continues a long tradition of major political donors securing spots on the prestigious Board of Regents. He made contributions totaling more than $40,000 to Branstad’s 2010 and 2014 gubernatorial campaigns. (Details on that giving are after the jump, along with the May 6 press release.) Last year, Richards gave $10,000 to Lieutenant Governor Kim Reynolds, who is almost certain to run for governor in 2018, as well as $2,500 to Iowa House Speaker Linda Upmeyer. He has given nearly $100,000 to other Republican candidates around the country.

Richards has been a close political ally of Iowa Board of Regents President Bruce Rastetter. In 2011, he joined a small group of business Republicans led by Rastetter, who encouraged New Jersey Governor Chris Christie to run for president. Last year, he joined Rastetter and most of that group to endorse Christie’s presidential campaign.

The Iowa Senate has confirmed hundreds of Branstad’s nominees unanimously or nearly so. During the legislature’s 2017 session, I don’t expect Richards to have any trouble winning confirmation to serve out Andringa’s term on the Board of Regents. The two appointees to that board whom senators rejected in 2013 had political baggage that Richards lacks.

UPDATE: Added below excerpts from Vanessa Miller’s latest report for the Cedar Rapids Gazette. Democratic lawmakers see the Senate confirming Richards next year.

LATE UPDATE: News emerged in early June that Branstad was considering Richards for the vacancy before Andringa had announced her resignation, so I’ve added more details below. Branstad has known Richards for far longer than Rastetter has been one of the governor’s most influential advisers.

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Weekend open thread: "The resources we have" edition

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome. The Des Moines Register ran an extraordinary lead editorial on Saturday about a Des Moines police officer’s “pattern of misconduct” and “poor judgment.” Click through to read the most strongly-worded warning about a law enforcement official I’ve seen in an Iowa newspaper.

An emerging compromise on higher education funding was one of the biggest state-level news stories of the week. The Iowa legislature’s joint Education Appropriations Subcommittee, co-chaired by Democratic State Senator Brian Schoenjahn and Republican State Representative Cecil Dolecheck, agreed on April 13 that the fiscal year 2017 budget for higher education will include an additional $6.3 million for public universities: $2.8 million for the University of Northern Iowa, $2.2 million for Iowa State University, and $1.3 million for the University of Iowa. Iowa Public Radio’s Joyce Russell noted that the increases work out to a little less than 3 percent more state funding for UNI, 1.2 percent for ISU, and less than 1 percent for UI.

The Iowa Board of Regents had requested an extra $20 million in state funding for the coming fiscal year: $4.5 million for UI, $8.2 million for ISU, and $7.65 million for UNI. Governor Terry Branstad’s draft budget had included a combined $8 million in additional state funding for the public universities. Last month, Board of Regents President Bruce Rastetter said at least $8 million would be needed to avoid raising tuition. In a statement released April 14, Rastetter said the board would “immediately start discussions regarding tuition increases at our universities for Fall 2016.”

More background and details on the higher education funding compromise are after the jump, but I want to highlight a couple of misconceptions. Russell quoted Dolecheck as saying “we did the best we can with the resources that we have,” and quoted Schoenjahn as saying lawmakers tried to stretch “the precious resources we had” but couldn’t do more without raising taxes.

No. Just last month, the Iowa House and Senate approved a tax bill that will reduce fiscal year 2017 revenues by nearly $120 million: $97.6 million by harmonizing Iowa tax code with federal statutes, and around $21 million by reducing state sales taxes for manufacturing companies. Another $280 million was taken off the table long before this year’s budget negotiations began, when most lawmakers in both chambers approved an expensive commercial property tax cut in 2013. Leaders of both parties bragged about that tax cut at the time but did not acknowledge how the windfall for commercial property owners would affect the state’s ability to pay for other priorities down the road.

Speaking on behalf of the union that represents UNI faculty, Professor Joe Gorton said this week, “It seems clear to me that the regent universities are being sacrificed on the altar of corporate welfare.” An Iowa Fiscal Partnership analysis from January shows Gorton was closer to the truth than were Schoenjahn or Dolecheck. Business tax credits are expected to cost the state around $272 million during fiscal year 2017.

Writing at Blog for Iowa this weekend, Dave Bradley argued, “Had Branstad’s administration not given tax cuts to businesses without consulting the legislature we would probably [be] OK. […] while the special interests that the Republicans have given breaks to are no longer paying what they once did, Iowa’s parents will see higher tuition fees on their kids university bills.” Fact-check: mostly false. Over many years, the legislature approved and failed to revise Iowa’s generous business tax breaks. Most Democrats in both chamber joined their GOP colleagues to pass the costly property tax cut three years ago. Just six state senators and thirteen representatives voted no; I’ve listed them after the jump. The Branstad administration did try to enact the manufacturing sales tax break without legislative approval last year, and was on track to succeed. However, the tax bill lawmakers negotiated and approved last month included a scaled-back sales tax break, superseding the Department of Revenue’s proposed administrative rule.

Speaking of money for state universities not living up to expectations, Ryan Foley of the Associated Press revealed on April 15 that Rastetter has paid only $1.5 million toward his 2008 pledge of $5 million to the University of Iowa’s football program. Before 2015, Rastetter had donated just $500,000 toward that pledge, raising “questions about whether the delay was part of the pressure he put on former university President Sally Mason.” Excerpts from Foley’s article are at the end of this post.

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Medicaid oversight bill passes Iowa Senate with bipartisan support

Since Terry Branstad returned to the governor’s office, the overwhelming majority of Iowa Senate votes on contentious political issues have fallen along strict party lines: 26 Democrats one way and 24 Republicans the opposite. However, the Branstad administration’s rush to privatize Medicaid has created space for bipartisanship, as a growing number of Republicans acknowledge the dangers of shifting to managed care for a program through which one in six Iowans access health services.

Last month, three GOP senators joined their Democratic colleagues to vote for a bill that would have halted Iowa’s Medicaid privatization. That legislation is going nowhere in the Republican-controlled state House, and federal officials recently approved waivers to allow the Iowa Department of Human Services to implement the managed care policy as of April 1.

Yesterday a quarter of the GOP state senators voted with all 26 Democrats for a Medicaid oversight bill that had cleared the Senate Human Resources Committee unanimously. In her remarks to open floor debate on Senate File 2213, Human Resources Committee Chair Amanda Ragan said the bill was designed “to safeguard the interests of Medicaid members, encourage the participation of Medicaid providers, and protect Iowa taxpayers.” She told colleagues, “we must require DHS and the managed care companies to protect consumers, preserve provider networks, address the unique needs of children and assure accountability.”

I enclose below highlights from the debate on SF 2213, the roll call on final passage, and Ragan’s full remarks, along with a Democratic staff analysis summarizing the bill’s key points.

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IA-Sen: Patty Judge thinking about challenging Chuck Grassley

The Des Moines Register’s Jason Noble snagged a surprising scoop yesterday: former Lieutenant Governor and Iowa Secretary of Agriculture Patty Judge is considering running for the U.S. Senate this year. Referring to Grassley’s approach to the U.S. Supreme Court vacancy, Judge told Noble,

“Iowans have always been straight shooters, and up until the recent time I would have said the same thing about Chuck,” Judge said. […]

“I don’t like this double-speak,” Judge said. “I don’t like this deliberate obstruction of the process. I think Chuck Grassley owes us better. He’s been with us a long time. Maybe he’s been with us too long.”

To qualify for the Democratic primary ballot, Judge would need to submit nominating papers with the Secretary of State’s Office by March 18, three weeks from today. That doesn’t leave much time to collect at least 2,104 signatures, including minimum amounts in at least ten Iowa counties. But Judge could pull together a campaign quickly, having won three statewide elections–for secretary of agriculture in 1998 and 2002 and on the ticket with Chet Culver in 2006.

Three other Democrats are seeking the nomination to run against Grassley: State Senator Rob Hogg, former State Senator Tom Fiegen, and former State Representative Bob Krause. Former State Representative Ray Zirkelbach launched a U.S. Senate campaign in November but ended his campaign last month, Zirkelbach confirmed by phone this morning.

Dozens of Democratic state lawmakers endorsed Hogg in January. I enclose the full list below. Any comments about the Senate race are welcome in this thread.

UPDATE: Rebecca Tuetken notes, “Patty Judge does meet one apparent Iowa requirement: she told @SenatorHarkin ’08 steak fry that she can castrate a calf.” Truly a classic moment for Judge, when Joni Ernst was still the little-known Montgomery County auditor.

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Who's who in the Iowa Senate for 2016

The Iowa legislature’s 2016 session began on Monday. For the sixth year in a row, the 50 state senators include 26 Democrats and 24 Republicans. Just seven senators are women (six Democrats and a Republican), down from a high of ten women serving in the chamber during 2013 and 2014. All current senators are white. To my knowledge, the only African-American ever to serve in the Iowa Senate was Tom Mann, elected to two terms during the 1980s. No Latino has ever served in the Iowa House or Senate; Nathan Blake fell 18 votes short of becoming the first in 2014. No Asian-American has served in the state Senate since Swati Dandekar resigned in 2011.

I enclose below details on the Iowa Senate majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Senate committees. Little has changed since last year, in contrast to the Iowa House, which saw some big changes in the majority Republican caucus since the legislature adjourned in June.

Term limits are a terrible idea generally but would be especially awful if applied to the Iowa Senate, as the longest-serving current senator bizarrely advocated last year. The experience gap between Democrats and Republicans is striking. As detailed below, only four of the 24 Senate Republicans have ten or more years of experience in the Iowa legislature, compared to seventeen of the 26 Democrats. No current Iowa Senate Republican has more than 20 years legislative experience, whereas six Democrats do.

Some non-political trivia: the 50 Iowa Senate members include three Marks, three Bills, three Richards (who go by Rich, Rick, and Dick), two Mikes, two Toms, two Joes, and two men named Charles (one goes by Chaz).

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District Court lets stand Branstad veto of mental health institute funding

Polk County District Court Judge Douglas Staskal has dismissed a lawsuit challenging Governor Terry Branstad’s authority to veto funding intended to keep two in-patient mental health facilities open. Twenty Democratic state lawmakers and the president of Iowa’s largest public-employee union filed the lawsuit in July, arguing that the governor’s line-item vetoes violated Iowa Code provisions requiring that the state “shall operate” mental health institutes in Mount Pleasant and Clarinda. But Judge Staskal found that “Existing statutes cannot limit the Governor’s item veto authority,” which “is of constitutional magnitude. The only limitations that have been placed on that authority have been derived from the language of the constitution itself. […] And, there is no language in the item veto provision which suggests a statutory limitation on the power it creates. It is elementary that, to the extent there is conflict between a constitutional provision and a statute, the constitution prevails.”

I enclose below longer excerpts from the court ruling, which can be read in full here. Mark Hedberg, the lead attorney representing the plaintiffs, told Bleeding Heartland they “are preparing an appeal” to the Iowa Supreme Court “and will ask that it be expedited.”

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Judge denies motion to dismiss lawsuit over Branstad closing mental health facilities

Polk County District Court Judge Douglas Staskal ruled yesterday that a lawsuit challenging Governor Terry Branstad’s line-item vetoes of mental health facility funding can move forward.

A group of Democratic state legislators and AFSCME, Iowa’s largest public employee union, filed the lawsuit in July. Last month, attorneys for the state filed a motion to dismiss the lawsuit or force the plaintiffs to “recast” (revise and resubmit) their court filing.

But in a thirteen-page ruling, Judge Staskal rejected the state’s arguments that “the plaintiffs lack standing, have failed to state a claim upon which relief could be granted and that the case presents a nonjusticiable political question.” He found that AFSCME Iowa Council 61 President Danny Homan has standing because he represents the interests of state workers who were laid off when the state government closed in-patient mental health facilities in Clarinda and Mount Pleasant. The judge also noted that state legislators “have standing to challenge the propriety of the Governor’s exercise of his veto authority.” Judge Staskal found plaintiffs had stated a claim: “a challenge to the Governor’s exercise of his line-item veto authority.” As for the political question, the ruling noted, “Whether to close Clarinda and Mount Pleasant is a policy matter for the other branches of government. Whether the Governor’s particular use of his line-item veto power is constitutional is a matter for the courts.”

Judge Staskal did find in favor of one argument advanced by state attorneys, releasing Iowa Department of Human Services Director Chuck Palmer as a co-defendant: “The Director [Palmer] plainly has no authority to veto legislation and there is no allegation that he did veto legislation. Therefore, there is no conceivable set of facts upon which relief could be granted on the claim that the Director exercised an improper veto.”    

The legislators who joined this lawsuit are State Senators Rich Taylor, Tom Courtney, Janet Petersen, Tony Bisignano, Herman Quirmbach, and Dick Dearden, and State Representatives Bruce Hunter, Curt Hanson, Jerry Kearns, Mark Smith, Art Staed, Ako Abdul-Samad, Jo Oldson, Ruth Ann Gaines, Sharon Steckman, Todd Taylor, Mary Gaskill, Kirsten Running-Marquardt, Timi Brown-Powers, and Dave Jacoby.

AFSCME, 20 Democratic legislators sue Branstad over mental health closures (updated)

Iowa’s largest public employee union and 20 Democratic state legislators filed a lawsuit today challenging the closure of mental health institutes in Mount Pleasant and Clarinda. I enclose below a press release from AFSCME Council 61, which lists the six state senators and fourteen state representatives who joined the lawsuit naming Governor Terry Branstad and Department of Human Services Director Chuck Palmer.

The Branstad administration announced plans in January to close two of Iowa’s four in-patient mental health facilities. State legislators were neither consulted nor notified in advance. The Department of Human Services started winding down operations well before the end of the 2015 fiscal year. Democrats fought to include funding for the Clarinda and Mount Pleasant institutes in the budget for the current fiscal year, but Branstad item-vetoed the appropriation. The lawsuit contends that closing the facilities violates Iowa Code, which holds that the state “shall operate” mental health institutes in Mount Pleasant and Clarinda. The governor’s communications director told KCCI that AFSCME’s leader in Iowa “is resistant to change” and that the closed “centers were not suited to offer modern mental health care.”

The Iowa legislature’s decision next year on whether to fund the Clarinda and Mount Pleasant facilities will be critically important. The Iowa Supreme Court recently dismissed the lawsuit challenging the closure of the Iowa Juvenile Home in 2014, without considering the merits of that case, on the grounds that the legislature made the issue “moot” by no longer appropriating state money to operate that facility. By refusing to include funding for the two closed mental health institutes in the budget for fiscal year 2017, Iowa House Republicans could bolster the Branstad administration’s efforts to defeat the lawsuit filed today.

UPDATE: Added more speculation about this lawsuit’s prospects below.

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Quit stalling and make a deal on Iowa school funding

Iowa legislative leaders like to boast about how well they work together, in contrast to the “gridlock” seen in Washington when different parties controlled the upper and lower chambers of Congress.

Yet Iowa lawmakers can be remarkably slow to move toward obvious solutions to some disagreements. Less than two weeks before school districts need to adopt budgets covering the 2015/2016 academic year, Iowa House Republicans and Senate Democrats are nowhere close to a deal on K-12 school funding. What is their problem?  

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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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Iowa legislative state of play on raising the gas tax

Iowa House and Senate members have taken several steps toward raising the state gasoline tax for the first time since 1989. Follow me after the jump for details on where the legislation stands and the latest signals from the governor.

One big political question was answered today, as House Speaker Kraig Paulsen not only endorsed the gas tax bill but personally intervened to make sure it would clear the House Ways and Means Committee. His support may bring some reluctant House Republicans on board. Conservative advocacy groups such as Americans for Prosperity and Iowans for Tax Relief are pushing hard against any gas tax increase. Governor Terry Branstad or Iowa Senate Minority Leader Bill Dix appear ready to back this bill but may need to spend more political capital to get it passed.

Two important policy questions remain unanswered. First, what will be done to lessen the blow on low-income Iowans, who would be disproportionately affected by any increase in a regressive tax? Iowa’s tax system is already stacked against people with lower incomes.

Second, will the gas tax hike turn out to be a giant bait and switch? From business groups to road builders to heavyweights in the agricultural sector, advocates of a tax increase cite the poor condition of many Iowa roads and bridges. However, to my knowledge the pending legislation would not guarantee that any new Road Use Tax Fund revenues from gasoline taxes or vehicle fees be spent on repairing torn-up roads or structurally deficient bridges. Unless “fix it first” language or a change to the funding formula is added to the bill, the lion’s share of additional revenues from a gas tax hike could go toward building new roads or new lanes on existing roads, such as U.S. Highway 20 in northwest Iowa or any number of local “economic development” projects. If crumbling roads and bridges are used to justify a gas tax hike, lawmakers should stipulate that most of the new money raised would go toward existing infrastructure rather than new roads and lanes, which only increase future maintenance costs.  

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Who's who in the Iowa Senate for 2015

The Iowa legislature’s 2015 session begins today. Democrats maintained their 26 to 24 majority in the upper chamber. After the jump I’ve posted details on the Iowa Senate majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Senate committees. Where relevant, I’ve noted changes from the previous committee assignments. Click here for a similar post on the new Iowa House.

I’ve also enclosed below details on the tenure of all 50 Iowa senators. The experience gap between the caucuses is striking, even more so since three of the longest-serving GOP state senators retired in 2014. Only seven of the 24 Republicans have served in either the state House or Senate for more than four years, whereas nineteen of the 26 Democrats have more than four years of legislative service. Only four of the 24 Senate Republicans have ten or more years of experience in the Iowa legislature, compared to seventeen of the 26 Democrats. No current Iowa Senate Republican has more than 20 years legislative experience, whereas six Democrats do.

Just seven of the 50 senators are women, down from ten women in the chamber two years ago. The Democratic caucus includes 20 men and six women; the Republican caucus 23 men and one woman.

All current Iowa senators are white. To my knowledge, no African-American has ever served in the Iowa Senate. CORRECTION: Bleeding Heartland reader northwest points out that I forgot Tom Mann, who represented part of Des Moines in the Iowa Senate during the 1980s.

No Latino has ever served in the Iowa House or Senate; Nathan Blake fell 18 votes short of becoming the first in 2014. No Asian-American has served in the state Senate since Swati Dandekar resigned in 2011.

Some non-political trivia: the 50 state senators include three Marks, three Bills, three Richards (who go by Rich, Rick, and Dick), two Mikes, two Toms, two Joes, and two men named Charles (one goes by Chaz).  

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Republicans left Iowa House seats uncontested in nearly every battleground Iowa Senate district

The filing period for general-election candidates closed on August 15. You can view the full candidate list for federal and state offices on the Iowa Secretary of State’s website. John Deeth briefly reviews all 100 House races here. Next month, I’ll be posting on the most competitive Iowa House races.

For today, I’m interested in what appears to be a pattern of Republicans letting Iowa House seats go in battleground Iowa Senate districts. I suspect a strategy is in play to depress GOTV in the more Democratic halves of these districts.  

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Iowa primary election results thread

Polls close at 9 pm, and I’ll be updating this post regularly with primary election results. Rumor has it that turnout was relatively low, even on the Republican side where there are hard-fought primaries for U.S. Senate and the third Congressional district. According to the Polk County Auditor’s office, as of this afternoon only 1,506 absentee ballots had been requested and 1,350 absentee ballots received for today’s GOP primary. Keep in mind that roughly half of all Republican voters in IA-03 live in Polk County, and six campaigns were competing for their votes. Not to mention that five U.S. Senate candidates should have been locking in early votes in Iowa’s largest county.

By comparison, 2,883 Democratic primary absentee ballots were requested in Polk County, and 2,296 of those returned by today. The lion’s share were from Iowa Senate district 17 in Des Moines, where three candidates are seeking to replace Jack Hatch (2,475 absentee ballots requested and 1,950 returned). Democratic campaigns have long pushed early voting more than Republicans, but still–that’s a shocking failure to GOTV by the various Republican campaigns.

Share any comments about any Iowa campaigns in this thread, as well as any interesting anecdotes from voting today.

UPDATE: Polls are now closed and updates will continue after the jump.

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Labor union endorsements in contested 2014 Iowa Democratic primaries

With less than two weeks remaining before June 3, interest groups with a preference in competitive primaries have presumably made their views known by now. On the Democratic side, labor unions are most likely to get involved in primaries, so I wanted to compile in one place the full list of candidates in competitive Democratic races who have been endorsed by one or more organized labor group. None of the Democrats seeking statewide office in Iowa this year has a primary opponent, and I’ve omitted county-level races. The list below includes candidates running for Congress in the first district and seeking various Iowa House and Senate seats.

I will update this post as needed if I learn of other labor union endorsements. Note that many other Democratic candidates already have or will have organized labor’s official support for the general election campaign. Blog for Iowa posted all of the Iowa Federation of Labor AFL-CIO’s endorsements for 2014 here. A complete list of candidates who will appear on primary ballots is on this page of the Iowa Secretary of State’s website.

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Highlights from this year's Iowa Senate votes on Branstad nominees

During the 2014 legislative session, the Iowa Senate confirmed all but a handful of Governor Terry Branstad’s more than 200 nominees for state boards and commissions. It’s not unusual for senators to vote down one or two appointees, but this year the Senate confirmed everyone who came up for a vote on the floor.

The only close call was former Iowa House Republican Nick Wagner, confirmed to the Iowa Utilities Board last month with just one vote to spare. Branstad originally named Wagner to the three-member utilities board in 2013 but pulled his nomination when it became clear that senators would not confirm him. Branstad named Wagner to that board anyway, right after the Senate adjourned for the year in 2013. By the time his nomination came up for consideration this year, a couple of factors that worked against him were no longer relevant. Former State Senator Swati Dandekar had resigned from the board to run for Congress, so there would no longer be two of three members from Marion (a Cedar Rapids suburb). Furthermore, Branstad named attorney Sheila Tipton to replace Dandekar, so senators could no longer object to the lack of a lawyer on the Iowa Utilities Board.

Still, most of the Democratic caucus opposed Wagner’s nomination. State Senator Rob Hogg cited the nominee’s support for a bad nuclear power bill that the legislature considered a few years back. Meanwhile, State Senator Matt McCoy (who incidentally wanted to pass the nuclear bill) noted that as a key Iowa House Republican on budget matters, Wagner “was not willing to listen” and “took very difficult and very hard-line positions.” After the jump I’ve posted the roll call on the Wagner nomination; 11 Democrats joined all 24 Republicans to confirm him.

As in recent years, the governor withdrew a handful of nominees who were not likely to gain at least 34 votes (a two-thirds majority) in the upper chamber. A few nominees for low-profile boards had to go because of party imbalance issues. Chet Hollingshead, one of seven Branstad appointees to the Mental Health and Disability Services Commission, never came up for a vote, presumably because of a theft incident Bleeding Heartland user Iowa_native described here.

I am not sure why Senate Majority Leader Mike Gronstal informed Branstad that Jason Carlstrom was unlikely to be confirmed as chair of the Iowa Board of Parole. The governor first appointed Carlstrom to that position in the summer of 2012, to fill out the remainder of someone else’s term. The Iowa Senate unanimously confirmed him during the 2013 legislative session. When Branstad reappointed Carlstrom to the parole board this year, I didn’t expect him to run into any trouble. I will update this post if I learn more details.

The highest-profile nominee withdrawn by Branstad was former Iowa House Republican Jamie Van Fossen, whom the governor wanted to chair the Public Employment Relations Board. Cityview’s Civic Skinny described the backstory well; I’ve posted excerpts after the jump. Van Fossen still serves on that board, having been confirmed to a full term in 2012. But the new chair will be Mike Cormack, a Republican who served four terms in the Iowa House and later worked for the State Department of Education. Senators unanimously confirmed Cormack last month. The outgoing Public Employment Relations Board chair, Jim Riordan, has alleged that the board faced political pressure from Branstad staffers to hire an employer-friendly administrative law judge.

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58 Iowa House seats uncontested, including a dozen in competitive Senate districts

In any given general election, roughly a dozen or two of the 100 Iowa House districts are in play. A first look through the list of candidates who qualified for the primary ballot suggests that this year, fewer Iowa House districts will be competitive than in 2010 or 2012. Republicans have failed to field a candidate in 32 of the 47 Democratic-held House districts. Democrats have failed to field a candidate in 26 of the 53 Republican-held House districts.

Although a few of these districts may see major-party candidates nominated through special conventions after the primary, it’s rare for late-starting candidates to have a realistic chance to beat an incumbent. (That said, two Iowa House Democrats lost in 2010 to candidates who joined the race over the summer rather than during the primary campaign.)

After the jump I’ve enclosed a full list of the Iowa House districts left unchallenged by one of the major parties. I highlighted the most surprising recruitment failures and what looks like a pattern of uncontested House seats in Senate districts that will be targeted by both parties, which may reflect a deliberate strategy. House incumbents with no fear of losing may slack off on GOTV in one half of a Senate district where every vote may count.

A future post will focus on the ten or fifteen Iowa House races likely to be most competitive this fall.

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Iowa Republicans determined to ignore education funding law

Iowa’s Constitution lays out a straightforward process for changing state law: first, a bill needs to pass the Iowa House and Senate by a simple majority in both chambers. Then, the governor signs the bill into law. Alternatively, state legislators can pass a new law without the governor’s support, by over-riding a veto with a two-thirds majority in both chambers.

Iowa House Republicans and Governor Terry Branstad don’t like current state law on setting state funding for K-12 education a year in advance. However, they lack support in the Democratic-controlled Iowa Senate for changing that law through the normal legislative process. So, they have decided they can pretend the law doesn’t exist.

It appears that nothing short of a court order will change their minds.

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Mike Gronstal sees eight competitive Iowa Senate races

Iowa Senate Majority Leader Mike Gronstal is “fairly confident” going into this year’s state legislative elections, he told Mike Glover in a recent interview. He cited a “pretty good message” to take to voters as well as a “a slight advantage on the map” that will allow Democrats to play “a little less defense and a little more offense,” compared to 2012.

I agree with Gronstal that Democrats are better positioned now to hold their 26 to 24 majority in the upper chamber than they were at the same point two years ago. Follow me after the jump for a quick look at the eight districts the Senate majority leader expects to be targeted this fall.

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Five Iowa Senate races to watch in 2014

It’s the time of year for blog posts about notable candidates and upcoming elections. Every politically engaged Iowan knows already that 2014 will be an unusually exciting year. We haven’t seen an open U.S. Senate race since 1974. The last time Iowa’s first Congressional district was open was in 2006. The last time Iowa’s third Congressional district was open was in 2002, but it wasn’t a wide open seat, since incumbent Representative Leonard Boswell moved into Polk County to run. Amazingly, 1940 was the “last time there was a Congressional race in Polk County without an incumbent seeking re-election.” All of Iowa’s statewide elected officials are up for re-election as well this year, and the secretary of state’s position may become open if Matt Schultz decides to go for the Republican nomination in IA-03.

Since Bleeding Heartland readers already know about the big Iowa races to watch, I want to focus today and tomorrow on the elections that are likely to determine control of the Iowa House and Senate in 2015 and 2016.  

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