Based on the latest data from the Iowa Secretary of State’s Office, I’ve updated after the jump tables showing how many absentee ballots Iowans have requested and returned, statewide and in the four Congressional districts.

Tables from previous days can be viewed here. Note that the number of ballots returned is still quite low, because most of the 99 county auditors are starting to mail ballots this week. In-person early voting begins tomorrow, 40 days before the general election.

Among the four Congressional districts, IA-02 has both the largest number of ballot requests so far and the largest difference between the Democratic and Republican numbers. That’s bad news for Mariannette Miller-Meeks in her third attempt to unseat Representative Dave Loebsack, an uphill battle in my opinion. It may also be good news for Democrats hoping to maintain or expand their Iowa Senate majority, because several of the most competitive Iowa Senate districts are located within the second Congressional district (namely, Senate district 39, Senate district 41, Senate district 15, and to a lesser extent Senate district 49).

The Iowa legislature’s Cannabidiol Implementation Study Committee met Thursday to discuss problems related to the implementation of the new law intended to allow Iowans to use cannabis oil to treat seizure disorders. Although the law went into effect on July 1, families who lobbied for measure are not yet able to purchase the oil derived from marijuana plants, because of various legal hurdles. Ten lawmakers (five from each chamber and five from each political party) serve on the study committee: State Senators Joe Bolkcom (D), Bill Dotzler (D), Steve Sodders (D), Charles Schneider (R), and Mike Brietbach (R), and State Representatives Walt Rogers (R), Clel Baudler (R), Linda Miller (R), John Forbes (D), and Bob Kressig (D).

Tony Leys reported for the Des Moines Register that the committee voted 9-1 to recommend that the state reschedule marijuana from “a Schedule I drug, meaning its use for any reason is illegal,” to “a Schedule II drug, which could be used for medical purposes.” Rogers was the dissenting vote. The committee voted 6-4 for “a motion to recommend allowing the closely regulated production and distribution of medical marijuana for approved patients. The motion did not specify what type of marijuana, but it did say the state should not tax the products.” Baudler, at one time Iowa’s most vocal opponent of medical marijuana, joined the five Democrats on the committee to approve that motion. However, Leys noted that Baudler “strenuously opposes expanding the law to let people possess marijuana to treat other conditions, such as cancer or Crohn’s disease. The committee rejected a motion to recommend such an expansion.”

The committee’s recommendations are not binding on the Iowa House and Senate, which will go back into session next January.

Not to take anything away from the suffering of Iowans with seizure disorders, but I don’t understand why lawmakers would want to approve medical cannabis for those conditions only and not for a range of other chronic or life-threatening diseases, which affect thousands of people here. Other states have created workable programs limiting access to those with genuine medical needs, and a majority of Iowans support legalizing the medical use of marijuana. Oncologists have been quietly recommending cannabis to cancer patients for at least four decades.

State Senator Joe Seng underwent surgery yesterday to remove a brain tumor, the Quad-City Times reported. Seng’s operation took place in New York, but according to a statement released today, he will return to Davenport for radiation and chemotherapy treatments this fall. He plans to be ready for the beginning of the next legislative session in January 2015. I’m sure everyone in the Bleeding Heartland community wishes him a full and rapid recovery.

First elected to the Iowa Senate in 2002, Seng represents much of Daveport. He chairs the Senate Agriculture Committee and is vice chair of the Ways & Means Committee. Seeking a fourth term this year, he easily defeated a Democratic primary challenger in June and does not have a general election opponent in Iowa Senate district 45. In 2012, Seng challenged incumbent Dave Loebsack in the Democratic primary to represent Iowa’s second Congressional district.

Part of a series on GOTV in Iowa this year

Less than two weeks remain before county auditors start mailing absentee ballots to Iowa voters. On September 22, the Iowa Secretary of State’s Office will start releasing updates on absentee ballots requested and returned statewide and by Congressional district. As in 2012, Bleeding Heartland will post those totals daily.

Data from a few of the larger counties indicate that the Iowa Democratic Party’s head start on canvassing this summer has produced a clear advantage on absentee ballots requested. Iowa Republican blogger Craig Robinson is fretting about the GOP “getting out worked when it comes to early voting.” Former Iowa Senate GOP staffer Don McDowell is upset with conservatives who refuse to vote before election day. He has seen more than a few statehouse races lost narrowly after Republican candidates were crushed in the early vote.

However, it’s way too soon for Democrats to be over-confident about this year’s early vote lead, for three reasons.

Yesterday the National Republican Congressional Committee launched its first television commercial in Iowa this year. After the jump I’ve posted the video and transcript of the 30-second spot attacking Democratic candidate Staci Appel over spending votes she cast in the Iowa Senate. Bleeding Heartland provided background here on one of the points, which was a staple of Iowa Republican campaign rhetoric in 2010. Short version: money was never spent on those “decorative flowerpots,” because Governor Chet Culver line-item vetoed the allocation. But in any case, they were not intended purely for decoration around the State Capitol grounds. Rather, they were similar to heavy planters commonly seen around federal government buildings, as much a security measure as a decorative one.

I’ve also enclosed below background on the historic musical instrument for which Appel and other state lawmakers allocated restoration funds. UPDATE: It turns out that GOP candidate David Young’s boss, Senator Chuck Grassley, went to bat for federal funding to restore the same organ. Scroll down for details.

First in a series of posts on GOTV in Iowa this year

Air time for television advertising has become the most expensive line-item in many election campaigns. Outside groups have spent millions of dollars already on Iowa commercials targeting U.S. Senate candidates Bruce Braley and Joni Ernst, with millions more to be spent over the next 60 days. Nevertheless, I don’t know many people who believe attack ads will determine the outcome of close races like Iowa’s U.S. Senate battle. Barring some extraordinary campaign event (such as a meltdown in the debates), the winner will be the candidate whose side does a better job of identifying its supporters and turning them out to vote.

The number of Iowans who voted in each of the last two midterm elections was about a third lower than the number who had voted in the most recent presidential election. If that trend holds, approximately 1.1 million Iowans will cast ballots in the 2014 general election. Braley and other Democrats can’t afford to have turnout resemble 2010, when only 56.5 percent of registered Iowa Democrats voted, as opposed to 69 percent of registered Republicans.

The Iowa Democratic Party has been crowing about its bigger and better “coordinated campaign,” an effort to build on the successful 2012 early voting program here. No question, Democrats got a big jump on the ground game while the Iowa GOP was mired in poor fundraising and a messy leadership transition. Democrats have had canvassers out every weekend for months, and so far have generated many more absentee ballot requests than Republicans. The Iowa GOP has stepped up its door-knocking over the past several weeks, and Governor Terry Branstad will spend part of his war chest to assist the early voting efforts.

Knocking on doors is one of the most valuable ways to volunteer for a campaign. For those willing to spend a few hours on a weeknight or a weekend afternoon, I’ve enclosed my best advice for canvassing after the jump. Please feel free to share your own experiences with canvassing (on either side of the door) in this thread. Six years ago, a guest diarist posted his top tips here.

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.  

The average cost of owning a car is lower in Iowa than in any other state, the Cedar Rapids Gazette’s B.A. Morelli reported on August 16, citing an analysis by Bankrate.com. Car insurance costs an average of $630 per year in Iowa, the lowest in the 50 states. Vehicle repairs cost Iowa drivers an average of $315 per year, also the lowest number for any state. The average cost of gasoline for Iowa drivers worked out to $998 a year, taking into account not only the price of gas but also vehicle miles traveled and fuel efficiency rates. That’s “middle of the pack,” Morelli noted.

Iowa’s gasoline tax has not been increased since 1989, reaching a historic low in real terms. Meanwhile, Iowa road and bridge conditions continue to deteriorate. Three years ago, our state ranked third-worst in the country for structurally deficient bridges. The latest data indicate we are second-worst in that category, with more than 20 percent of the state’s bridges in need of repairs or replacement.

Democratic gubernatorial candidate Jack Hatch supports raising the gas tax, while Governor Terry Branstad has said he favors other ways to finance road and bridge work. The candidates clashed over that issue during last week’s debate. Branstad has left himself some wiggle room by not pledging to veto a gas tax increase.

The current leaders of the Iowa House and Senate Transportation Committees strongly support raising the gas tax to pay for road work. Bills to increase the tax by a total of 10 cents per gallon over several years passed committees in both chambers in recent years, but advocates were unable to recruit enough bipartisan support to pass them in the full Iowa House or Senate in either of the past two legislative sessions. Iowa House Transportation Committee Chair Josh Byrnes has promised to keep working on this issue, and State Representative Brian Moore, the vice chair of that committee, said this spring that a gas tax hike is “in the works” for 2015. He has emphasized that weight limits on structurally deficient bridges are bad for businesses like the livestock transportation company he owns.

Republicans Byrnes and Moore both represent Iowa House districts that may be targeted this fall, as does Iowa Senate Transportation Committee Chair Tod Bowman, a Democrat. Prospects for raising the gas tax will depend in part on whether key advocates are re-elected in November. Regardless of which parties control the Iowa House and Senate after the midterm elections, a gas tax increase would have to be a bipartisan effort.

Democratic and Republican critics of increasing the gasoline tax have pointed out that consumption taxes tend to be regressive, hitting lower-income people harder. A gas tax hike would also disproportionately affect rural residents, who may need to travel further to work or shop. The Washington-based Institute on Taxation and Economic Policy has recommended reforms to address those concerns. I’ve posted the short summary after the jump; you can read more in depth on their ideas for “building a better gas tax” here. I would add that any increase to Iowa’s gas tax should be accompanied by “fix-it first” language, so that new road construction doesn’t swallow the most of the revenue that should be earmarked for repairs. Fixing roads and bridges gives taxpayers more bang for their buck and creates more jobs than building new roads or putting new lanes on existing roads, which (while sometimes needed) increase future maintenance costs.

The Iowa Racing and Gaming Commission sent a strong message last week to backers of a casino project in Cedar Rapids: don’t bother trying to get a license for at least the next three years.

Rational actors would have started working on Plan B for prime downtown real estate as soon as commissioners voted down the application for a Cedar Rapids casino in April. But Mayor Ron Corbett and some other movers and shakers are determined to chase the gambling dream, through legislative or judicial means. Instead of taking the hint from the Racing and Gaming commissioners, Corbett is ratcheting up his strategy for gaining legislative approval for a new casino. He’s smart and experienced enough to know that state lawmakers need a better excuse for acting than “we don’t like what the commission did.” So, he’s now dressing the casino project up as a public health initiative. Lawmakers shouldn’t fall for or hide behind this ruse.

Iowa’s status as one of only three states to allow losers of major-party primaries to seek the same office as independents is good news for Republicans hoping to hold Iowa Senate district 7. First-term Senator Rick Bertrand is seeking re-election in the Sioux City-based seat, where President Barack Obama performed better than in any other Iowa Senate district now held by a Republican. Although midterm electorates sometimes favor GOP candidates, and Iowans tend to re-elect their statehouse incumbents, the voter registration totals here lean toward Democrats. Both parties are targeting Senate district 7, and a victory for challenger Jim France would virtually assure continued Democratic control of the Iowa Senate.

Enter Maria Rundquist, who lost the Democratic primary to France in June, but filed this week to run in Senate district 7 as an independent. Her campaign website provides a short bio and background on her civic involvement in the Sioux City area. I sought comment from Rundquist about why she is running as an independent, and how she would answer critics who say she can only help re-elect Bertrand. She responded, “I am running because, I can provide the leadership, integrity and ethics so needed in our government. I believe the people in the Iowa Senate District 7, deserve an honest and smart choice.”

Following up, I asked Rundquist whether she was aware that a third-party candidate has not won an Iowa legislative election in several decades, if ever, and whether she would have any regrets if Bertrand were re-elected with fewer votes than she and France received combined. She answered,

Yes, I am aware about  third-party never won an Iowa legislation seat. So let make history and pass the word to elect Maria Rundquist to change the system. I don’t have regrets to Rick Bertrand or any candidate. We leave in a Nation of Democracy and the voters have the right to chose the right person to represent them. So stop questioning me and get to work and campaign for Maria Rundquist.

Sorry, that’s not going to happen. I’ve voted for lots of Democrats who didn’t win their primary. None of them became what is known in political science as a “sore loser.” One can argue that voters should be able to select any candidate they choose, but upholding state sore loser laws during the 1970s, the U.S. Supreme Court held that there is no constitutional right to continue an intra-party struggle during the general election. I’m with John Deeth: candidates who seek a party’s nomination should abide by the primary voters’ verdict. Rundquist must know that she won’t “change the system” through this campaign. I hope she doesn’t become a spoiler, but there’s no question that her candidacy will hinder France’s effort to unseat a Republican incumbent.

After fielding candidates in every Iowa Senate district in 2012, Republicans left a bunch of low-probability seats uncontested this year. One of those districts now has a GOP candidate, however: a special convention on July 24 selected Jonathan Lochman to run in Iowa Senate district 17. I don’t see a website for his campaign, but Lochman’s on Facebook here. During 13 years of active duty in the U.S. Army, he served wartime tours in both Afghanistan and Iraq. He’s now the Iowa coordinator for Team Rubicon (the Iowa chapter is on Facebook here).

Iowa Senate district 17 is open because State Senator Jack Hatch is running for governor. Tony Bisignano narrowly won a contentious three-way primary in this heavily Democratic seat covering parts of downtown Des Moines and the south side. In a press release, Lochman asserted that Bisignano would “be a rubber stamp for the radical, obstructionist agenda of Mike Gronstal,” whereas the Republican would “be an independent voice for my community.” Iowa Senate Minority Leader Bill Dix asserted, “Des Moines voters deserve a candidate​ like Jonathan Lochman, who has​ the integrity, honor and passion to effectively represent their interests at the State Capitol​.” Judging from that comment and various Republican posts on social media, the plan is for Lochman to win by playing up Bisignano’s drunk driving arrests and scandals from his previous term of service in the Iowa Senate during the 1990s.

It would be a historic upset for a Republican to win a state legislative seat here. The latest official figures show that Senate district 17 contains 16,388 active registered Democrats, 6,559 Republicans, and 9,792 no-party voters. Bisignano should have help from the Iowa Democratic Party’s coordinated campaign, because other Democratic candidates (notably Hatch, U.S. Senate nominee Braley, and IA-03 nominee Staci Appel) are counting on good GOTV in strongholds like the south side of Des Moines.

Also on July 24, Polk County Republicans held a special convention to nominate Army veteran Tom Hess in Iowa House district 34, covering half of Senate district 17. Hess will challenge longtime Democratic State Representative Bruce Hunter and has about the same chance of winning as Lochman (slim to none). As of July 1, House district 34 contained 8,404 active registered Democrats, 3,497 Republicans, and 5,114 no-party voters.

P.S. – I would have posted the full press release on Lochman’s campaign launch, but the “latest news” on the Iowa Senate Republicans website is a press release from mid-May.

UPDATE: Cityview’s Civic Skinny published a detailed account of Tony Bisignano’s drunk driving arrest and how the case unfolded from there. Many details were new to me, and I suspect that if they had been more widely known, Nathan Blake might have won the Senate district 17 Democratic primary.

The most surprising fact recounted by Civic Skinny is that Jennifer Jacobs apparently e-mailed her draft Des Moines Register story on the OWI to Bisignano before publishing. Double-checking quoted remarks is one thing, but I am not aware of any newspaper where it is standard practice to run a full draft by the public figure who is the subject of the article.

It makes perfect sense for potential Democratic presidential candidates to visit Iowa, meeting activists and keeping their options open. That doesn’t mean any of them would run against former Secretary of State Hillary Clinton.

Case in point: Maryland Governor Martin O’Malley. Having keynoted the Iowa Democratic Party’s state convention last month, he’s coming here again this weekend, headlining events for State Senator Rita Hart and state Senate candidate Kevin Kinney on Saturday, then Council Bluffs and Sioux City events for gubernatorial nominee Jack Hatch on Sunday. Politico’s Maggie Halberman notes that O’Malley “has said he’s exploring a 2016 presidential run.” A Des Moines Register headline writer termed him a “possible rival” to Clinton. Chris Cillizza of The Washington Post speculated, “O’Malley is term limited out as governor at the end of this year and undoubtedly thinks a credible run for president might bolster his chances of a spot in a Clinton Administration.”

I just don’t see it. Laying the groundwork for a potential campaign is not the same thing as preparing to embark on a suicide mission. O’Malley doesn’t come across as a guy like Senator Bernie Sanders, who knows he will never be president but might run to shine a light on issues important to him. O’Malley goes way back with Bill and Hillary Clinton. He stuck with Hillary for president even after Barack Obama dominated the 2008 Maryland primary. From where I’m sitting, CNN’s Dan Merica had it exactly right when he described O’Malley as an “understudy,” “angling to be the person who could step in” if Clinton does not run for president for whatever reason. Maryland’s term limits for governors make 2016 an ideal time for O’Malley to run for president, but he’s only 51 years old–young enough to wait until 2020 or 2024 if necessary.

Meanwhile, I hope all of this weekend’s events are successful, because Hatch, Hart, and Kinney are very worth supporting.

Any relevant comments are welcome in this thread.

P.S. – Hart’s re-election bid in Senate district 49 is a must-hold for Democrats. Kinney’s running in the open Senate district 39, and if he wins, it would virtually guarantee a Democratic majority in the state legislature’s upper chamber for the next two years.

Happy Independence Day to the Bleeding Heartland community. We’re heading out to the Windsor Heights parade soon. Holiday parades and summer festivals are great outreach opportunities for candidates and their campaigns. Please share any favorite parade stories in this thread.

Last weekend Democratic State Senator Jeff Danielson and Republican State Senator Jake Chapman co-authored an editorial promising to work together next year to legalize fireworks in Iowa.

Senate File 2294 had several provisions that would allow fireworks to be safely regulated. Those stipulations would include prohibiting minors from purchasing fireworks, giving local municipalities the ability to restrict fireworks and the fire marshal the ability to regulate fireworks in the case of droughts.

The fireworks ban originally was a result of a Depression-era fire created by a sparkler in the middle of a drought when temperatures were nearing 100 degrees.

There also are misnomers and myths surrounding the fireworks-related injuries. In fact, the number of fireworks-related injuries in the U.S. has decreased drastically – nearly 61 percent – from 1994 to 2011, according to the U.S. Consumer Product Safety Commission. This decrease in reported injuries is noteworthy considering the use of fireworks increased nearly 100 percent during the same time period.

We remind Iowans that as we near the celebration of our independence, fireworks remain illegal in Iowa. About 42 states have legalized some form of fireworks. We encourage all those who wish to have the same freedom to display fireworks, to please contact your legislators and let them know it is time for Iowa to join America in celebrating our Independence Day with fireworks.

Here’s some background on “The Great Spencer Fire” of 1931.

I’m a bit surprised to see Danielson taking the lead on this issue, as he is not only a firefighter but also a veteran. Amateur fireworks can prompt anxiety or panic attacks for veterans with post-traumatic stress disorder.

Playing with sparklers, which are legal, as well as fireworks purchased from neighboring states, contributes to a surge in eye injuries around July 4. Interest groups representing doctors have lobbied strongly against lifting the ban on most fireworks because of the risk of burns.

Tony Bisignano will be the Democratic nominee in Iowa Senate district 17, as second-place finisher Nathan Blake declined to request a recount. From a Facebook status update Blake posted yesterday:

According to the official canvass from the Polk County Auditor’s Office, I ended up 18 votes behind in the Democratic primary election for Iowa State Senate District 17. I congratulate Tony Bisignano on a hard-fought victory. Thank you to my supporters, volunteers, and all who voted. Thanks especially to my wife and partner, Andrea, and our two kids for their patience, support, and sacrifices over the last year. I am proud of the campaign we ran. We won over 60% of the Election Day vote, even if we came up a few votes short.

As for the future, I am committed to to electing Democrats up and down the ballot in Iowa this November. I will continue my work in public service, fighting for consumers as an Assistant Iowa Attorney General. I promise to stay involved in progressive politics and will seek future opportunities to serve in elective office. The issues we care about are too important to sit on the sidelines.

A recount wouldn’t have changed the result, so I think Blake did the right thing not to go through the motions. He did manage a very strong election-day turnout, which is promising for any future candidacies.

Senate district 17 was the best chance for Democrats to elect Iowa’s first Latino state legislator, but two other opportunities remain this year in House district 60 and Senate district 47.

UPDATE: In a Facebook post, Bisignano said of Blake, “I can’t say enough about his poise and character. He has a very bright future in public service and I’m looking forward to helping him. His positive and respectful campaign shows what people want and expect from their public officals.”

Forty men and ten women currently serve in the Iowa Senate. No senators are African-American, Latino, or Asian-American.

Seventy-five men and 25 women currently serve in the Iowa House. Five state representatives are African-American and none are Latino or Asian-American.

Time for a look at how those numbers might change after the November election, now that primaries have determined the major-party nominees in all state legislative districts. Click here for the June 3 unofficial election results and here for the full list of candidates who filed to run in the primaries.

Tony Bisignano will be the next state senator representing Iowa Senate district 17, barring some extraordinary turn of events. The final election-night vote count showed him leading with 1,438 votes, to 1,425 for Nathan Blake and 1,001 for Ned Chiodo. Yesterday, officials counted six additional ballots, which all had been hand-delivered to the Polk County Auditor’s office on June 3, primary election day. Bisignano gained five votes and Chiodo one. So the final unofficial result shows Bisignano leading Blake by 1,443 to 1,425.

According to the Polk County Auditor’s elections office, three ballots from Senate district 17 arrived in the mail on June 4, but none will be counted, because they were postmarked June 3. In order to be counted, a late-arriving absentee ballot must be postmarked the day before the election at the latest.

On election night, Blake wrote on Facebook that his “campaign is reviewing all options to ensure that every vote is counted and accurately recorded.” I haven’t seen any statement since on whether he will request a recount. (There are no automatic recounts for Iowa primary elections.) I can’t imagine that a recount would change an eighteen-vote margin. In recent years, recounts of various Iowa House and Senate races have typically only changed the totals by a handful of votes, at most.

No Republican has filed to run in Senate district 17, an overwhelmingly Democratic seat in terms of voter registration. I was hoping for a different outcome in this primary, but I wish Bisignano well in his Iowa Senate work and offer condolences on the loss of his mother. I’ve posted below his statement on his mother’s passing and the primary election results. Bisignano won this race on early GOTV, building up a 102-vote margin on Chiodo and a 649-vote margin on Blake through absentee ballots. Blake had strong election-day turnout, especially considering that there were no competitive Democratic primaries for governor, U.S. Senate, or the third Congressional district, but it wasn’t quite enough. No doubt he’ll have other opportunities to run for office.

Final note for Iowa election trivia buffs: Patrick Rynard set a record this year that will likely never be broken. He has now managed two campaigns that spawned cases eventually reaching the Iowa Supreme Court. Rick Mullin’s Iowa Senate race in Sioux City in 2010 led to the recent court ruling about negative political advertising. Bisignano’s candidacy (or more accurately Chiodo’s determination to drive his rival off the ballot) prompted a high court ruling that may lead to thousands of Iowans getting their voting rights back.

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.

Talk about opportunity costs: Cedar Rapids Mayor Ron Corbett will not pursue any alternative development plans for a downtown parcel of land where backers hope to build a casino. Rather, he will continue to pursue the casino project despite last month’s 4 to 1 vote by the Iowa Racing and Gaming Commission to reject a gambling license for Cedar Rapids.

Speaking to Rick Smith of the Cedar Rapids Gazette, onetime Iowa House Speaker Corbett said he hopes the Iowa legislature will approve a bill granting a license for a smoke-free casino to Iowa’s second-largest city. Democratic State Senator Wally Horn already tried to add such language to a bill limiting greyhound racing, but his amendment was ruled not germane.

Independent research has repeatedly shown that the hidden economic costs of casinos “far exceed their benefits and that [casinos] are a poor use of precious downtown land.” But even if that were not true, why waste years trying to persuade the Iowa legislature to pass this kind of bill? What are the chances lawmakers will go along with a special deal for Cedar Rapids, when many of them represent districts with casinos that stand to lose market share? Furthermore, current Iowa House Speaker Kraig Paulsen, who represents a suburban Cedar Rapids district, screwed up Iowa’s chance to get passenger rail to Iowa City (and possibly later to Des Moines and Council Bluffs).

Corbett seems to hope Jack Hatch will win the governor’s race; Hatch has expressed support for a Cedar Rapids casino. If elected, he might sign a bill for this purpose, or might appoint like-minded people to the Racing and Gaming Commission. But that process would take years. Why not pursue plan B or plan C for Cedar Rapids? There are many other approaches to economic development that do not hurt other local businesses the way casinos do.

The spin about a smoke-free casino being a “healthy” option for a “Blue Zone” community like Cedar Rapids is a sick joke. Casinos are no benefit to public health. On the contrary, problem gambling increases with accessibility and incurs major hidden health costs.  

Iowa Attorney General Tom Miller has endorsed Assistant Attorney General Nathan Blake in the Democratic primary to represent Iowa Senate district 17. State Senator Jack Hatch is running for governor rather than seeking re-election in that heavily Democratic seat. Blake, former State Senator Tony Bisignano, and former State Representative Ned Chiodo are competing in the Democratic primary. No Republican has filed to run for the seat covering much of downtown Des Moines and the south side of the capital city (this post includes a detailed map). Several organized labor groups are backing Bisignano. Chiodo’s supporters include U.S. Senator Tom Harkin.

After the jump I’ve posted Miller’s statement, which the Des Moines Register published as a letter to the editor on May 10. I’ve also enclosed Blake’s biography.

While Miller’s public support for the assistant attorney general covering consumer protection is no surprise, it will likely enrage Chiodo. In a court challenge to Bisignano’s eligibility, Chiodo argued that Miller should have recused himself from the three-member panel that originally cleared Bisignano to run for office despite an aggravated misdemeanor. Chiodo’s court filing asserted that Miller had a conflict of interest, since Blake potentially would benefit from two heavyweights of south-side politics splitting the primary vote.

A Polk County District Court judge rejected that argument, and the Iowa Supreme Court did not rule on whether Miller should have recused himself when five justices determined Bisignano was eligible to run for office.

Any comments about the Senate district 17 race are welcome in this thread. From what I’ve heard, Chiodo was the first to go negative (against Bisignano) in direct mail. I encourage Bleeding Heartland readers who live in the district to save campaign flyers or mail pieces and, if possible, send me scanned copies: desmoinesdem AT yahoo.com . Before the June 3 primary, I plan to post an overview of key arguments for and against each candidate. I am encouraging my friends in the district to vote for Blake. Not only is Blake capable and progressive, I think the Iowa Senate has plenty of long-serving elected Democrats and would benefit from some new blood.

Blake’s official bio also notes that if elected, he “would be the first Latino to serve in Iowa’s legislature.” Two Latina Democrats are running for the statehouse this year as well: Maria Bribriesco against Senator Roby Smith in Senate district 47, and Karyn Finn against Republican incumbent Walt Rogers in House district 60. CORRECTION: Bleeding Heartland user Mitch notes in the comments that I forgot to mention Maria Rundquist, a Latina who is one of two Democrats challenging incumbent Rick Bertrand in Iowa Senate district 7.

I don’t see State Senator Brad Zaun winning the GOP nomination in Iowa’s third Congressional district. From the numbers I’ve seen, Republican donors and voters are looking elsewhere. But give credit where credit is due: Zaun made the most of his interview with Des Moines Register editors this week. GOP activists will eat up news that Zaun “sometimes carries a 9 mm handgun while working in the Senate chamber” or appearing at public events. Never mind that the rules are clear, and legislators are not exempt from the ban on carrying firearms or other dangerous weapons in the capitol complex. The GOP base will love Zaun’s explanation of why the rules shouldn’t apply to him: “I went through all the lawful procedures that were required of me [to carry a concealed weapon]. I am going to defend myself if someone attacks me, and I have a right to do that.”

Click here for other highlights from Zaun’s sit-down with Register staff. Explaining why he is “smarter and wiser” than during his 2010 Congressional bid, Zaun explained that he now supports government subsidies for the biofuels industry. I took issue with this whining, though:

On another note, Zaun said he doesn’t think it’s fair for news organizations to keep bringing up a 2001 West Des Moines police report that surfaced during the 2010 campaign. The police report detailed his conflict with a former girlfriend at a time when he was divorced. No charges were filed. Zaun has since remarried.

Zaun pointed out that the woman provided a statement to The Des Moines Register just days before the 2010 election in which she said she remained friends with Zaun and she planned to vote for him. “It is something that we have just both moved on from, and I think it is unfortunate that this keeps getting brought up,” he said.

No, what’s unfair is that the mayor of Urbandale was able to keep this incident covered up for so long, including during his first campaign for the Iowa Senate in 2004. When a person’s harassment of someone else becomes intense enough for police to be involved, that’s a red flag voters should know about. I’m glad Zaun and his onetime girlfriend have reconciled, but that “unfortunate” part of his record was newsworthy and should have been public knowledge way before he ran for Congress in 2010.

The more I see of the Republican race for U.S. Senate, the more I’m convinced that State Senator Joni Ernst will win the GOP nomination, barring some major gaffe or new revelation about her record.

Three reasons are after the jump.

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.

The Iowa House and Senate wrapped up the 2014 session during “Soil and Water Conservation Week.” While certain environmental programs did well in the budget for fiscal year 2015, the legislature did not adequately address some of the biggest problems affecting Iowa’s soil and water.

The Iowa Environmental Council blog linked to several recent articles by “top experts on Iowa soil conservation,” who “expressed alarm about the state of our soil” and in particular the rapid rate of erosion. Along with other kinds of agricultural runoff, soil erosion contributes to toxic algae blooms in rivers and lakes, not only in Iowa and neighboring states but also across much of the U.S. Nutrient pollution is a major reason that more than half of the country’s rivers and streams are “in poor condition for aquatic life.”At the end of this post, I’ve enclosed an infographic explaining how toxic algae blooms form and how to prevent them.

Iowa lawmakers continue to throw money at the state’s Nutrient Reduction Strategy, without insisting on numeric criteria for nitrogen and phosphorous levels in water and without the goals, timelines and monitoring needed to assure Iowans that waterways are becoming cleaner. In fact, the fiscal year 2015 appropriation for the Iowa Department of Agriculture and Land Stewardship removed wording requiring that money for watershed projects be used to reduce nutrients. Follow me after the jump for the disturbing details.

During the legislative session that just ended, the Iowa House and Senate approved substantial increases in funding for some key environmental programs.

Lawmakers committed to providing $25 million to mark the 25th anniversary of the Department of Natural Resources’ Resource Enhancement and Protection program (REAP) achieved their goal. REAP had only been funded at the $20 million level once before during the past two and a half decades. The REAP money came from three separate bills appropriating funds for the 2015 fiscal year; I’ve posted details after the jump. Many REAP-funded projects have a lasting positive impact on local communities for decades. Click here for more background on the kind of projects REAP has supported around Iowa.

Last month, Linn County Supervisor Brent Oleson posted a guest diary warning about legislative proposals that would indirectly undermine REAP by changing the program’s funding formula. Fortunately, the conference committee agreement negotiated by Iowa House and Senate members did not include that language in the final bill.

Senate File 2349 allocates Rebuild Iowa Infrastructure Fund money, which mostly comes from gambling revenues. That bill included $9.6 million for lake restoration funding during the 2015 fiscal year, a big improvement on the recent past when lawmakers approved just $5.5 million for lake restoration projects. The Rebuild Iowa Infrastructure Fund bill also included $2 million “for the administration of a water trails and lowhead dam public hazard statewide plan.” Just a few years ago, environmental groups including Iowa Rivers Revival were fighting for even $1 million in state funding for rivers. The only downside to the river funding was that the conference committee went with House-approved language allocating the whole $2 million to low-head dam removal and water trails. Iowa Rivers Revival preferred the Senate-passed bill, which contained $1 million for that purpose and $1 million to launch a new Iowa River Restoration Program. You can find the Senate-passed version of Senate File 2349 here and the conference committee report describing agreed changes in detail here (the river funding is discussed on pages 4-5 of the Senate bill).

Governor Terry Branstad hasn’t signed any of these appropriations bills yet, so funding for REAP and Iowa lakes are rivers is not a sure thing. I would be surprised if he item-vetoed any of these appropriations, although in 2011, Branstad vetoed river restoration funds that lawmakers had allocated for fiscal year 2012.

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

The Iowa legislature got out of town on May 2, 110 calendar days after the 2014 session began. That’s ten days after lawmakers’ per diem payments ran out but earlier than in any year since 2010, when Democrats held majorities in both chambers. After the jump I’ve posted closing remarks delivered by the top Iowa Senate Democrats (Majority Leader Mike Gronstal and President Pam Jochum) and the top Iowa House Republicans (Speaker Kraig Paulsen and Majority Leader Linda Upmeyer). A series of posts next week will focus on some of the more significant legislative results from the session, as well as important bills that never did pass.

I’ve also enclosed Gronstal’s prepared remarks on the final Iowa Senate vote of the session: granting subpeona power to the Government Oversight Committee to continue investigating various scandals in Governor Terry Branstad’s administration. Gronstal emphasized that the resolution is “narrowly drafted” and “not a criminal investigation. The goal is not to convict people. The only goal is to find out what went wrong [in state government] and how to fix it.” The resolution passed by voice vote just before the Senate adjourned on Friday morning. Iowa Senate Minority Leader Bill Dix blasted what he called a “dangerous” and “underhanded partisan move.” He claimed the “disruption of separation of powers” will invite “a state constitutional crisis,” and that the Oversight Committee’s investigation is politically motivated.

Finally, in non-legislative news, Patrick Caldwell reported for Mother Jones this week on a remarkably shady deal involving Danny Carroll in 1996. At the time, Carroll was a real estate agent in the Grinnell area and an Iowa House Republican. He currently chairs the Republican Party of Iowa–though probably not for much longer. After reading Caldwell’s piece, I want to know why anyone supposedly committed to Christian values would participate in a scheme to take advantage of an elderly widow with debts.  

Sometimes bills left for dead rise again in the final hours of the Iowa legislature’s work. So it was for Senate File 2297, an “act relating to the criminal transmission of a contagious or infectious disease.” If signed into law, this bill would replace current Iowa law on HIV transmission, under which a person can be sentenced to 25 years in prison, even if the virus that causes AIDS was not transmitted to anyone. For background on the old law, one of the harshest in the country, click here or here, or listen to this Iowa Public Radio program from March. (Incidentally, the Iowa Supreme Court has heard but not yet ruled on a case related to that law but not challenging its constitutionality.)

Whereas current law takes a “one size fits all” approach to HIV transmission cases, Senate File 2297 outlines more serious penalties for those who intentionally infect a partner (not just with HIV, but with any communicable disease) than for those who either didn’t mean to transmit or did not transmit a disease. In addition,

under the new bill, Iowans would no longer be sentenced as sex offenders and a retroactive clause in the bill would remove anyone sentenced under 709c from the sex offender registry. Prosecutors would also have to prove substantial risk, rather than the current law which simply requires non-disclosure.

Senate File 2297 passed the Iowa Senate unanimously in February. Democratic State Senator Rob Hogg said it would update Iowa law to reflect modern medicine and replace a “badly outdated and draconian” part of the code. Republican State Senator Charles Schneider agreed that current law was “not always proportionate” to the crime committed.

So far, so good. But instead of sailing through the Iowa House, Senate File 2297 stalled. It cleared a House Judiciary Subcommittee but not the full committee in time for the “second funnel” deadline in mid-March. The bill landed on the “unfinished business” calendar, which kept it eligible for debate.

I hadn’t heard anything about this bill for some time, until I saw this morning that it came up for debate in Iowa House a little before 2 am. It passed by 98 votes to 0. After the jump I’ve posted a statement from the LGBT advocacy group One Iowa, which has pushed for similar legislation for years.  

Iowa legislators pulled an all-nighter at the Capitol to close out the 2014 session. The Iowa House adjourned for the year a little before 6 am, while the Senate will return briefly on Friday to authorize further investigation of Branstad administration controversies.

It will take several days for Bleeding Heartland to cover the most important news about the state budget and other bills passed toward the end of the session. I was surprised to see that Iowa House leaders did call up Senate File 2360, the limited medical cannabis bill the Iowa Senate approved last Friday. As of yesterday afternoon, that bill seemed doomed.  I saw some speculation that leaders might not even call it up for debate. A few Republicans had filed more than a dozen amendments, apparently with the goal of killing the bill on the floor. State Representative Chip Baltimore was one sponsor of the poison pill amendments. He told the Des Moines Register that

a bill legalizing marijuana – even in an extremely limited way for an extremely limited purpose – simply couldn’t be introduced, debated and passed in the space of a week.

“We’re being asked to take an extraordinary leap of faith,” Baltimore said, referring to the reassurances [Representative Rob] Taylor and others have given on cannabidiol’s safety and efficacy. “You don’t do that in five days.”

Lawmakers negotiated well pass midnight and agreed to make small changes to the medical cannabis bill. It will still allow only the use of cannabis oil, not marijuana in smokeable form. According to Radio Iowa’s O.Kay Henderson, the new language also “requires patients to get an Iowa neurologist’s recommendation for cannabis oil.” The Iowa House approved the bill by 75 votes to 20 just after 3:30 am. CORRECTION: The final roll call was 77 votes to 20. The Senate approved the House version by 38 votes to 8 about an hour later. The Senate roll call is after the jump. I’ll update this post with the House roll calls once it becomes available on the Iowa legislature’s website.

Governor Terry Branstad indicated a few weeks ago that he is open to a cannabis oil bill, as long as it’s “very limited in focus.” I expect him to sign Senate File 2360.

UPDATE: Added a statement below from State Senator Joe Bolkcom, the legislature’s leading advocate for medical marijuana.

Iowa lawmakers advanced two bills yesterday that illustrate how effective corporate and interest group lobbyists can be. In the Iowa House, a bill allowing greyhound racing to end in Council Bluffs and become less costly for a casino in Dubuque won final passage by 79 votes to 16. I’ve posted the roll call after the jump. As Bleeding Heartland discussed here, Iowa greyhound breeders and trainers, along with their paid representatives, managed to get the state legislature to insist on a massive bailout for their industry–even though public demand for dog racing is near zero these days. According to the Dubuque Telegraph-Herald’s Erin Murphy, Governor Terry Branstad has not committed to signing the bill. But if he does, tens of millions of dollars from the Las Vegas-based Caesar’s corporation will be divided among a relatively small group of greyhound breeders, trainers, kennel owners, and rescue organizations.

Meanwhile, yesterday the Iowa Senate approved “an act relating to vapor products and alternative nicotine products, and providing penalties.” Bleeding Heartland discussed this bill in February, when it passed the Iowa House. On its face, House File 2109 looks like it is designed to protect children’s health by banning e-cigarette sales to minors. But medical and public health groups opposed the bill. Lobbyists who supported it mostly represented tobacco companies or retailers. They liked the bill because it didn’t classify vapor cigarettes as tobacco products and didn’t ban fruit-flavored e-cigarettes. Before final passage, senators rejected an amendment offered by Senator Joe Bolkcom, which would have strengthened the bill. They then approved an amendment offered by Senator Bill Dotzler, making minor changes to the definition of “vapor product.” The lobbyist declarations on the bill still show opposition from the public health community and support from the tobacco industry and retailers. On final passage senators approved the bill by 37 votes to 12. Because of the slight change in wording, this bill goes back to the Iowa House rather than straight to the governor’s desk. I doubt it will run into any trouble there, given how easily it passed in February.

Incidentally, the e-cigarettes bill is a rare example of legislation that passed the Iowa Senate with more votes from the minority party (22 of the 24 Republicans) than from the majority party (15 of the 26 Democrats). Someone please correct me if I’m wrong, but I can’t think of any similar Iowa Senate vote during the last few years. Scroll to the end of this post for the roll call.

UPDATE: On April 29, the Iowa House approved the Senate version of House File 2109, after rejecting along party lines Democratic amendments that would have strengthened the bill. The vote on final passage was 74 to 23, similar to the margin by which House members approved the e-cigarette legislation in February. I’ve posted details on the roll call after the jump.

In just two days, both the Iowa House and Senate unanimously approved a bill drafted in response to a recent Iowa Supreme Court ruling. A majority of justices overturned the conviction of an assistant high school basketball coach who had engaged in a consensual sexual relationship with a student, on the grounds that he didn’t meet the definition of a “school employee” under Iowa’s sexual exploitation statute. House File 2474 closes that loophole, but unfortunately, State Representative Mary Wolfe identified a drafting problem that could criminalize behavior many people would not consider sexual exploitation.

Wolfe is a criminal defense attorney by trade and gave me permission to reproduce part of her blog post below. But you should head over to her Iowa House Happenings blog and read the whole thing. Click here to read the full text of the April 11 Iowa Supreme Court ruling and dissent.

Yesterday the Iowa Senate approved by 36 votes to 12 a bill to legalize the use of medical cannabis oil for treating certain seizure conditions. You can read the full text of Senate File 2360 here. After the jump I’ve posted State Senator Joe Bolkcom’s floor statements in support of the bill, which summarize its key points and limited scope. An Iowa Senate Democratic research staffer provided a more detailed analysis of the bill here (pdf).

The roll call in the Senate Journal shows that all 26 Iowa Senate Democrats voted for the cannabis oil bill, joined by the following ten Republicans: Mike Breitbach, Mark Chelgren, Minority Leader Bill Dix, Joni Ernst, Hubert Houser, David Johnson, Tim Kapucian, Charles Schneider, Amy Sinclair, and Brad Zaun. The twelve Republicans who voted no were Bill Anderson, Jerry Behn, Rick Bertrand, Nancy Boettger, Jake Chapman, Randy Feenstra, Julian Garrett, Sandy Greiner, Dennis Guth, Ken Rozenboom, Roby Smith, and Jack Whitver. Republicans Mark Segebart and Dan Zumbach were absent.

During the floor debate, several Republicans warned that passing the bill would send the wrong message to teenagers, leading to more recreational use of marijuana. That’s hard to fathom, since the bill does not legalize smoking marijuana, even for terminally or chronically ill Iowans who could benefit from medical cannabis in that form.

Key Iowa House Republicans and Governor Terry Branstad have made clear that for now, they would consider only a bill to allow access to medical cannabis oil. I hope a study committee on broader use of medical marijuana will go forward. Senate File 2360 is a step in the right direction and will give families like this one options other than moving to Colorado. However, the bill leaves out too many suffering people.

P.S.- A sign of how far the political ground has shifted in the medical marijuana debate: Joni Ernst and Brad Zaun are in fiercely competitive GOP primaries (for U.S. Senate and IA-03, respectively). Both of them voted for this bill.

Iowa lawmakers are finally getting the hang of divided control–or maybe they just want to get out of town early in an election year. During the 2011 legislative session, Iowa House Republicans and Senate Democrats were still arguing about state budget targets well into June and didn’t approve final spending bills until the very last day of the fiscal year.

In contrast, legislative leaders agreed on fiscal year 2015 spending targets seven weeks ago. On April 23, both the Iowa House and Senate approved the conference committee report for the education appropriations bill. Details on the education budget debate, final funding levels and roll calls are after the jump.

Amazingly, the legislature may be ready to adjourn for the year by the end of next week.

Did you ever notice how some things that make no sense are accepted as completely normal in the Iowa legislature? Case in point: ongoing negotiations over the future of greyhound racing in Iowa, which may produce an enormous payoff for private businesses that would otherwise fail.

Iowa politics junkies, help me out here: Has U.S. Senator Tom Harkin ever endorsed a candidate for an Iowa legislative district in a competitive Democratic primary with no incumbent? I can’t think of any prior examples, but it happened yesterday. The full text of Ned Chiodo’s press release is after the jump. Money quote: “I am proud to support Ned Chiodo for State Senate,” said Harkin. “I have known him for many years, and without question he has the integrity and experience to lead Iowa forward.”

Chiodo certainly has a lot of political experience: five terms in the Iowa House, one term as Polk County Auditor, and many years lobbying the Iowa legislature. Harkin’s endorsement is a slap at the other highly experienced candidate in the SD-17 primary: Tony Bisignano. I guess the long friendship allowed Harkin to overlook Chiodo’s effort to knock Bisignano off the ballot, which could have disenfranchised tens of thousands of Iowans had the Iowa Supreme Court reached a different conclusion.

Harkin is an original co-sponsor of a U.S. Senate bill “that would reduce recidivism rates by restoring voting rights to individuals after they have served their time and have been released from incarceration.” Yet he is endorsing an Iowa Senate candidate who argued that ineligible voters in Iowa include anyone convicted of an aggravated misdemeanor which can carry a prison sentence–regardless of whether the person was ever incarcerated.

I am urging my friends in Iowa Senate district 17 to support Nathan Blake, the third candidate in the Democratic primary. The Iowa Senate Democratic caucus already has plenty of members with at least decade’s experience as state legislators. How about a capable new person, who supports progressive values and doesn’t have Chiodo’s or Bisignano’s baggage?  

A three-way Democratic primary is assured in Iowa Senate district 17, as the Iowa Supreme Court announced this afternoon that it has affirmed a district court ruling on Tony Bisignano’s eligibility to run for office. Rival candidate Ned Chiodo filed a lawsuit last month, saying Bisignano’s recent aggravated misdemeanor conviction for second-offense OWI should be considered an “infamous crime.” The Iowa Constitution disqualifies citizens convicted of “infamous crimes” from exercising the privileges of “electors.”

Chief Justice Mark Cady wrote the plurality opinion, joined by Justices Daryl Hecht and Bruce Zager. Overturning Iowa Supreme Court precedents set in 1916 and 1957, the court ruled that “infamous crimes” cannot be interpreted to mean any crime punishable by a prison sentence, including aggravated misdemeanors. On the other hand, the court did not simply accept the 1994 law defining “infamous crimes” as felonies. Citing historical references including an 1839 Iowa territorial statute, the plurality argues that not all felonies are “infamous,” and that the words had different meanings at the time the Iowa Constitution was adopted in the 1850s. It did not go on to define which felonies should be considered infamous crimes in the present context.

Justice Edward Mansfield wrote a concurring opinion, joined by Justice Thomas Waterman. The concurrence agrees that Bisignano retains his rights as an elector, because aggravated misdemeanors cannot be considered “infamous crimes.” However, Mansfield would have accepted the bright-line definition from the 1994 state law, equating felonies with “infamous crimes.” He warned that the plurality opinion would serve as a “welcome mat” for future litigation from felons claiming that they should be entitled to vote, because their convictions were not for “infamous crimes.” On balance, I agree most with Mansfield’s opinion.

Justice David Wiggins dissented, arguing that the court should not have rewritten “nearly one hundred years of caselaw.” He would have found Bisignano ineligible to run for office under the longstanding precedent that “infamous crime” means any crime punishable by a prison sentence. Wiggins’ dissenting opinion does not accept the 1994 law which defined “infamous crimes” as felonies, because interpreting the state Constitution is a job for the Iowa Supreme Court, not the state legislature.

Justice Brent Appel recused himself from this case.

The Iowa Supreme Court did not rule on Chiodo’s separate claim that Attorney General Tom Miller should have recused himself from the panel that allowed Bisignano to remain on the ballot. Chiodo argued that Miller had a conflict of interest, because one of his employees, Assistant Attorney General Nathan Blake, is also seeking the Democratic nomination in Senate district 17.

You can read the Iowa Supreme Court’s three opinions in this case here (pdf). After the jump I’ve enclosed summaries and excerpts from each opinion. I also included a statement from Bisignano hailing the ruling and announcing several more labor union endorsements.

One thing’s for sure: today’s ruling won’t be the last attempt by the Iowa Supreme Court to clarify the definition of “infamous crimes.”

UPDATE: Added Nathan Blake’s comment below. SECOND UPDATE: Added more thoughts about the implications of this case.

Over at the Smart Politics blog based at the University of Minnesota’s Humphrey School of Public Affairs, Eric Ostermeier takes a look at the uncontested Iowa House districts today. He leads with this surprising fact: “Iowa Republicans failed to field candidates in a party record 32 State House districts this cycle.” I recommend clicking through to read his whole post, which explores historical trends in Iowa House candidate recruitment for both parties.

Bleeding Heartland previously commented on the uncontested Iowa House races here. After the jump I’ve posted my thoughts on Ostermeier’s analysis.

Governor Terry Branstad has opposed efforts to legalize marijuana for medical use in Iowa, but on Monday he he signaled that he is open to taking a small step forward this year.

[I]t looks like we could end up with something that’s very limited in focus, like as passed recently in Utah and Alabama,” Branstad said. “I’m certainly working with legislators to see if there’s a possibility to work something out on that before the legislature adjourns.”

The new Utah law allows extract in oil form, but not smoking marijuana to treat a medical condition. Along the same lines, James Q. Lynch reported stunning news: Iowa House Public Safety Committee Chair Clel Baudler is open to legalizing the use of medical cannabis, in oil form. After meeting with parents whose children suffer from seizure disorders, Baudler said, “These little kids are taking some drugs that are really hot […] So if we educate ourselves and possibly we can give them some relief, that’s a good thing.”

Last summer, Baudler bragged that he would wear as a “badge of honor” his designation as one of the country’s ten worst state legislators, according to the Marijuana Policy Project.

He and Iowa House Speaker Kraig Paulsen indicated that to have any chance of passing the Republican-controlled House, a bill to legalize the use of cannabis would have to exclude marijuana that can be smoked. That will disappoint Iowans suffering from cancer, severe pain, or debilitating chronic diseases like multiple sclerosis. Smoking marijuana can ease nausea and other symptoms in such patients. Speaking to Lynch, Baudler said people who want to use cannabis to treat conditions other than seizure disorders should “Move to Colorado.”

Even limited progress on this issue is welcome, but I hope Iowa lawmakers will move forward with a broader study of medical cannabis programs.

UPDATE: Iowa Senate Majority Leader Mike Gronstal is willing to help “move a limited bill on medical cannabis oil forward.” Senate Minority Leader Bill Dix is non-committal for now.  

I'm gonna go on a rant…about an attempted RAPE.

Yes, I mean every word and hyperbole I'm uttering on this post. REAP (Resource Enhancement & Protection) is being RAPED! For Agriculture…by agri-business…to correct it's mistakes in a supposedly free and private market of farming. How is this rape of taxpayer funds and DNR license plate fees occurring and for what specifically? Read on My friends. 

The Iowa House of Representatives wants to put REAP dollars toward… agri-terrace projects, forestry management (subject to logging), and water nutrient pollution clean-up programs because farmland soil is laden with fertilizer chemicals. These are all worthy issues to be addressed on their own I say, and should indeed be addressed and monies put toward mitigation efforts. The Iowa Dept. Of Ag has jurisdiction on all these problems, and they should since their policies and practices created them in the first place.

This isn't an indictment of farmers, because most are great conservationists of their own free will as it's good business and good citizenship. I commend those Iowa farmers, especially my Linn County ones, who work hard to be responsible neighbors, citizens and conservationists…voluntarily I might add! But I don't give a pass to bad apples, policy-makers, or special interest Ag industry lobbyists.

The applicant pool for Iowa’s judicial vacancies has been declining in recent years, Mike Wiser reported for the Waterloo-Cedar Falls Courier on March 30. Iowa courts administrator David Boyd has been analyzing trends across the state and concluded that during the past decade, “The applicant pools [for District Court judgeships] were shrinking not only in terms of quantity but in quality, too.”

Applications for court vacancies are down by about half of what they were 10 years ago in four of the eight judicial districts, and down by a third in another two, according to Boyd’s figures.

Wiser’s article identifies three main reasons for the trend. First, District Court judges earn an annual salary of $138,130, which is well above the state average but below what high-performing attorneys can earn in private practice. Iowa Supreme Court Chief Justice Mark Cady asked state legislators to increase judges’ pay by 4.5 percent, but State Representative Gary Worthan, who chairs the Iowa House Appropriations subcommittee on the judicial system told Wiser, “we’ve got other priorities this year.”

Second, years of state budget cuts to court support staff have also made the work of a judge less appealing, according to several people Wiser interviewed.

Finally, University of Iowa School of Law professor Patrick Bauer and others cited the successful 2010 campaign against retaining three Iowa Supreme Court justices. That crusade was the first and perhaps the last time a politically unpopular ruling ended judges’ careers in Iowa. Nevertheless, it has deterred some attorneys from aspiring to become judges. Bob Vander Plaats and his fellow social conservatives failed to end marriage equality in Iowa, but they have left their mark on the judicial system.

The Des Moines Register ran a front-page feature today on retiring Republican State Senator Hubert Houser. Having served for ten years in the Iowa House and twelve in the Iowa Senate, Houser stopped showing up for work at the statehouse in early March. He plans to return only for “a day or two” at the end of the session. He has taken on more responsibilities at his family farm and contends that he doesn’t need to be at the capitol, since Republicans are the minority party. They can’t bring their own bills to the Iowa Senate floor and don’t need Houser’s vote.

On the one hand, I can imagine minority lawmakers must get tired of spending days at the Capitol, not accomplishing much while thinking about all the work that needs to be done at home. On the other hand, the Iowa legislature is only in session a few months of the year. Houser’s constituents elected him to do a job. He’s collecting a salary for work he isn’t doing.

Asked to comment on Houser’s prolonged absence today, Governor Terry Branstad said, “I respect individual legislators’ right to make the decisions that they make with regards to their vote and things like that,” adding that Houser has been a “great representative for the people of southwest Iowa.”

Missed Iowa Senate votes may become a salient issue in the U.S. Senate race. In early March, Rod Boshart was the first to start tallying GOP State Senator Joni Ernst’s many excused absences during this year’s legislative session. Only a few of the missed days could be chalked up to National Guard duty; others were related to campaigning or fundraising for her U.S. Senate bid. Ernst’s short political career doesn’t open up many lines for attack, but this will be a big one for Democratic candidate Bruce Braley if he faces Ernst in the general election. Republican blogger Craig Robinson, who is supporting Mark Jacobs in the IA-Sen GOP primary, has repeatedly called attention to Ernst missing Iowa Senate votes this year. I would not be surprised to see Jacobs’ campaign, or some dark money entity supporting him, make this case against Ernst before the June primary. Nick Ryan (best known to Bleeding Heartland readers as the head of the American Future Fund) is handling direct mail for the Jacobs campaign.

UPDATE: Speaking to the Des Moines Register, Secretary of the Senate Michael Marshall said Houser is still taking both his legislator’s salary ($25,000 annually) and per diem expense reimbursement payments. Marshall said Ernst “has sometimes asked not to be provided legislative per diem payments for certain days.”

Speaking to WHO-TV, Ernst said she has missed five days in the Iowa Senate this year for campaign-related activities.

SECOND UPDATE: Sounds like Iowa Senate Minority Leader Bill Dix leaned on Houser, who is now planning to show up for work and indicated that he will return per diem expense payments for days he’s missed.

Polk County District Court Judge David Christensen on April 2 rejected Ned Chiodo’s appeal against a panel decision allowing Tony Bisignano to run for Iowa Senate district 17. Chiodo, Bisignano, and Nathan Blake all qualified for the Democratic primary ballot in the seat Senator Jack Hatch is vacating in order to run for governor. Chiodo challenged Bisignano’s eligibility to run for office, citing a drunk driving offense that is an aggravated misdemeanor. A panel of Attorney General Tom Miller, State Auditor Mary Mosiman, and Secretary of State Matt Schultz concluded that Bisigano could run, because Iowa Code specifies felony convictions (not aggravated misdemeanors) as disqualifying citizens from voting or running for office.

Chiodo’s appeal in Polk County District Court rests on two legal arguments: Miller should have recused himself from the panel deciding whether Bisignano is eligible, and Bisignano’s second-offense OWI should be considered an “infamous crime” under Iowa case law. Judge Christensen concluded that Chiodo “failed to assert sufficient grounds to disqualify the Attorney General from serving on the Panel,” nor was Chiodo “prejudiced by the inclusion of the Attorney General in the Panel.”

After the jump I’ve posted the second half of Judge Christensen’s ruling. Although three Iowa Supreme Court decisions indicate that crimes punishable by a prison sentence can be considered “infamous crimes,” the Iowa legislature has since spelled out its clear intention to revoke the rights of electors only in cases of felonies. The judge denied Chiodo’s petition for review, since he “failed to carry his burden to show that the Panel’s decision was unconstitutional,” and there was no evidence that decision was “based upon an erroneous interpretation of a provision of law,” or illogical, arbitrary, capricious, or an abuse of discretion. The judge ordered Chiodo to pay court costs.

The Iowa Supreme Court is likely to have the final say on this matter, but I find it hard to imagine they will disqualify Bisignano. Doing so would potentially disenfranchise tens of thousands of Iowans with aggravated misdemeanor convictions.