# Jack Whitver



We must take action now on Iowa's failed COVID-19 response

Tanya Keith is an activist and small business owner in Des Moines. -promoted by Laura Belin

At the beginning of the pandemic, I called my parents and sister in Massachusetts and pleaded with them to move to Iowa. At the time, Massachusetts was having what we considered a raging outbreak, and central Iowa had no confirmed cases. My thinking was they would be so much safer here, because by the time the pandemic reached Iowa, we would know better and therefore do better. I thought my family would be safest here.

But now the tables have turned. Massachusetts has taken science-based action to control the pandemic, and Iowa maintains one of the worst COVID-19 responses in the U.S. (and therefore the world). I haven’t seen my family in over a year, and I can’t imagine how I would safely get to them even if Massachusetts allowed travel from Iowa. Rampant disease spread causes a strain on my business as I try to protect people I hire from working with each other. The school year I most looked forward to: our eldest’s senior year, our middle’s 8th grade, and our youngest’s kindergarten year are all happening remotely.

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Six themes from the Iowa legislature's opening day in 2021

The Iowa legislature’s 2021 session began on January 11 with the usual appeals to work together for the good of Iowans. But potential for bipartisan work on high-profile issues appears limited, as the Republicans who enjoy large majorities in the state House and Senate have quite different priorities from their Democratic counterparts.

At the end of this post, I’ve posted the substantive portions of all opening remarks from legislative leaders, as prepared for delivery. The speakers focused on the following matters:

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Top Iowa Republicans won't rule out gerrymandering next political map

Iowa Senate Majority Leader Jack Whitver and House Speaker Pat Grassley declined on January 7 to rule out any partisan amendment to Iowa’s next map of political boundaries.

During a forum organized by the Iowa Capitol Press Association, both GOP leaders promised to follow the law that has governed Iowa’s redistricting process since 1980. Under that law, the state House and Senate cannot amend the first map of Congressional and legislative boundaries produced by the nonpartisan Legislative Services Agency, or the second map if the first is rejected.

However, the third map is subject to amendment, sparking fears among many Democrats that Republicans could vote down the first two proposals, then change the nonpartisan third map to a gerrymander. Senate Minority Leader Zach Wahls highlighted that “loophole” during the forum and asked the GOP leaders to commit to not amending a third map.

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U.S. census delay should not derail Iowa redistricting

The U.S. Census Bureau is unlikely to deliver state population totals on its usual timetable, Michael Wines and Emily Bazelon reported for the New York Times on November 19. The news was encouraging for those who support an accurate, complete census, because a delay beyond January 20 would stop the Trump administration’s unconstitutional plan “to remove unauthorized immigrants from the count for the first time in history, leaving an older and whiter population as the basis for divvying up [U.S.] House seats […].”

I wondered how an adjusted timetable could affect Iowa’s redistricting. Could Republicans who retained control of the Iowa House and Senate use a delay as a pretext for bypassing our state’s current nonpartisan process?

Not without changing state law.

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An open letter to Speaker Grassley and Majority Leader Whitver

From a concerned member of the Iowa legislature’s staff. -promoted by Laura Belin

To Iowa House Speaker Pat Grassley and Iowa Senate Majority Leader Jack Whitver:

On November 16, Governor Kim Reynolds signed a new public health disaster emergency proclamation that recognizes the increasing severity of the COVID-19 pandemic in our state. In it, the governor ordered that all “social, community, business, or leisure gatherings or events of more than 15 people” be prohibited in all indoor locations, barring some exceptions.

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Iowa Republicans ready to back statewide absentee mailing—with a catch

Iowa Secretary of State Paul Pate kept quiet for weeks.

He said nothing in public as Republican lawmakers sought to stop him from taking steps that contributed to record-breaking turnout in Iowa’s primary election.

He said nothing when legislators agreed to allow him to exercise emergency powers over an election only with approval from the GOP-dominated Legislative Council.

He had no public comment when Governor Kim Reynolds signed that bill.

Nor did he react when Republicans on the Legislative Council voted down a Democratic motion to let the secretary of state send absentee ballot request forms to all registered Iowa voters before the November election.

Pate’s staff did not respond to journalists’ inquiries about whether he would attempt to send a universal absentee request mailing this fall.

The secretary of state finally broke his silence on July 16 with a written proposal to mail every active registered Iowa voter an absentee ballot request form. But that’s not all. Pate’s also seeking to stop county auditors from making it easier for their constituents to return complete and accurate requests for absentee ballots.

Republicans on the Legislative Council will surely approve Pate’s request when they meet on July 17. But it’s not clear the secretary of state has the legal authority to limit what county auditors send voters.

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Iowa SOS will need permission for future emergency election changes

Secretary of State Paul Pate will need approval from the Legislative Council in order to use his emergency powers to alter election procedures, under a bill Governor Kim Reynolds signed on June 25.

While Republicans have a majority on that legislative body, it’s not clear they would use that power to prevent Pate from repeating steps that led to record-breaking turnout for the June 2 primary.

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Iowa lawmakers had their chance. Now governor should issue voting rights order

“Let them vote! Let them vote!” Black Lives Matter protesters chanted a few minutes after Governor Kim Reynolds signed a police reform bill on June 12. Reynolds did not acknowledge hearing them, continuing to pass out pens to advocates of the legislation, which the Iowa House and Senate had unanimously approved the night before.

The protesters want the governor to sign an executive order automatically restoring voting rights to Iowans who have completed felony sentences. Iowa has the country’s strictest felon voting ban, which disproportionately disenfranchises African Americans. Reynolds has resisted calls to issue an executive order, saying she wants the legislature to approve a state constitutional amendment on felon voting instead.

The Iowa legislature adjourned for the year on June 14 without the constitutional amendment clearing the Senate.

For many thousands of Iowans with felony convictions, an order from Reynolds provides the only path to voting before 2024. She should issue one as soon as possible.

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Who’ll stop the rain

Randy Richardson: Iowa’s “rainy day” funds were created with a promise, to be used on a rainy day. Legislators should tap them now to fully fund schools. -promoted by Laura Belin

For the past year Republicans have touted their record-breaking commitment to funding education in Iowa. They have done this despite the fact that State Supplemental Aid only increased by an average of 1.73 percent from 2011 to 2018. That is slightly below the 1.81 percent average annual rate of inflation during that same time period. (School district costs typically rise by 3-4 percent annually.)

When questioned about this disparity, Republicans quickly revert to their consistent talking point that their funding “is responsible, sustainable, and demonstrates that education is a top priority.”

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What took them so long?

Better late than never. Governor Kim Reynolds recommended on March 15 that Iowa schools close for four weeks to slow the spread of novel coronavirus (COVID-19). The same day, Republican legislative leaders announced the House and Senate will suspend operations for at least 30 days after meeting on March 16 “to consider resolutions regarding continuity of government to ensure delivery of essential services to Iowans.” Clerks and secretaries have been told they will be paid through April 21, but “March 16 will be your last day of employment.”

While several state legislatures around the country hit the pause button last week, Iowa House Speaker Pat Grassley and Senate Majority Leader Jack Whitver waited for recommendations from the governor or the Iowa Department of Public Health.

As recently as the late afternoon on March 13, Reynolds was assuring the public, “At this time, Iowa is not experiencing community spread of the virus.” Such a definitive statement was not warranted, given how few people had been tested for COVID-19.

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Iowa Democrats postpone county conventions; No changes at legislature

UPDATE: The Iowa legislature on March 16 suspended the 2020 session for at least 30 days. The Iowa Democratic Party sent guidance to county chairs the State Central Committee on March 23 on conducting county conventions “using an absentee system.” I’ve enclosed that document at the end of this post.

The Iowa Democratic Party is postponing county conventions scheduled for March 21 “to a future date to be determined,” the party announced today.

But for now, leaders of the Iowa legislature have no plans to pause activities at the state Capitol. They should reconsider.

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How you can stop the effort to roll back transgender equality in Iowa

UPDATE: House Judiciary Committee Chair Steven Holt confirmed by email on January 29, “The bill is dead. I will not assign it to sub-committee.”

Original post follows:

Nine Iowa House Republicans are trying to make it legal to discriminate against transgender Iowans in many areas of daily life, including education, employment, and housing.

House File 2164 would remove gender identity protections from the Iowa Civil Rights Act. Adding sexual orientation and gender identity language to that law in 2007 was one of the hard-fought victories of the new Democratic legislative majority.

The civil rights law bans discrimination against protected classes in “public accommodations, employment, apprenticeship and on-the-job training programs, vocational schools, or housing.” Iowa House and Senate Republicans set a terrible precedent last year by altering the code to deny gender-affirming surgery to transgender Medicaid recipients. (That law is being challenged in court.) So it’s not surprising a group of social conservatives want to deny all civil rights to trans Iowans.

It’s far from clear there are 51 votes to get this horrible proposal through the Iowa House, or that state Senate leaders would want to pass it in the upper chamber. After the jump I’ve highlighted how fair-minded Iowans can help keep this bill from becoming law.

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The 19 Bleeding Heartland posts that were most fun to write in 2019

Before the new political year kicks off with the Iowa legislature convening and Governor Kim Reynolds laying out her agenda, I need to take care of some unfinished business from 2019.

When I reflect on my work at the end of each year, I like to take stock of not only the most popular posts published on this website and the ones I worked hardest on, but also the projects that brought me the most joy. I’ve found this exercise helps guide my editorial decisions on the many days when I have time to write up only one of several newsworthy stories.

Among the 348 posts I wrote last year, these were some of my favorites:

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IA-02: A strange choice by Mariannette Miller-Meeks

Imagine you’re a newly-elected legislator. Your party leaders think highly enough of you to make you a committee chair right away. It’s a good committee, handling important bills on subjects you care about.

Would you walk away from that post, less than a year into a four-year term, to spend more time running for another office? State Senator Mariannette Miller-Meeks just did.

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Jerry Foxhoven stopped playing along. This will end badly for Kim Reynolds

Editor’s note: Bleeding Heartland’s coverage of this story continues here and here.

Governor Kim Reynolds didn’t want the public to learn why she forced out Jerry Foxhoven as director of the Iowa Department of Human Services. The vague official narrative about Foxhoven’s unexpected departure remained intact for a month.

But the ground shifted last week. As further details emerge, the governor and her top staff will have more explaining to do.

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Reynolds, GOP killed way to reduce racial, economic disparities in Iowa courts

Governor Kim Reynolds made headlines last week with two vetoes: blocking language targeting the attorney general, and rejecting a medical cannabis bill that had strong bipartisan support in both chambers.

A provision she didn’t veto drew little attention. For the foreseeable future, it will prevent Iowa courts from using a tool designed to make the criminal justice system more fair to defendants of all races and income levels.

Reynolds should appreciate the value of the Public Safety Assessment (PSA), since she works closely with two former State Public Defenders: Lieutenant Governor Adam Gregg and the governor’s senior legal counsel Sam Langholz. But last year she ordered a premature end to a pilot program introducing the tool in four counties. The governor’s staff did not reply to repeated inquiries about the reasoning behind Reynolds’ stance on this policy.

Notably, the owner of Iowa’s largest bail bonding company substantially increased his giving to GOP candidates during the last election cycle, donating $10,100 to the governor’s campaign and $28,050 to Republicans serving in the state legislature.

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2019 Iowa legislative recap: Constitutional amendments

Bleeding Heartland continues to catch up on the legislature’s significant actions during the session that ended on April 27. Previous posts related to the work of the Iowa House or Senate can be found here.

Republicans showed little interest in amending the Iowa Constitution during the 2019 session. Only one amendment passed both chambers. If and when that proposal appears on a statewide ballot, it will spark a costly and divisive campaign about gun rights and regulations.

The Senate and House debate over the pro-gun amendment is the focus of the first half of this post. Arguments raised on both sides will surely return in future television commercials and mass mailings.

The rest of the post reviews this year’s unsuccessful attempts to change the constitution. One amendment (backed by Governor Kim Reynolds) made it through the Iowa House, and four others advanced from a House or Senate committee but did not come up for a floor vote. The rest did not get through a committee, even though some of the same ideas went further last year.

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Four reasons the GOP attack on trans Iowans won't hold up in court

Republicans slipped a couple of nasty surprises into the health and human services budget on the penultimate day of the Iowa legislature’s 2019 session. One of the new provisions in House File 766 would amend the Iowa Civil Rights Act to deprive transgender and intersex Iowans of access to surgery through Medicaid or other public health insurance programs.

Governor Kim Reynolds should strike this language because denying health care to people in need is reprehensible.

If she lacks the empathy to comprehend why punching down on a marginalized group is wrong, the governor should use her item veto power for a pragmatic reason: the Iowa Supreme Court is unlikely to let this discriminatory act stand.

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Iowa lawmakers pass another unconstitutional "Ag Gag" bill

Iowa legislators just can’t quit violating the constitution in the service of livestock farmers and their lobby groups.

Two months after a federal judge comprehensively dismantled Iowa’s 2012 law prohibiting “agricultural production facility fraud,” the state House and Senate approved a bill creating the crime of “agricultural production facility trespass.” Governor Kim Reynolds has indicated she will sign the legislation. (UPDATE: She signed it on March 14.)

Although the drafters modeled the new bill after portions of an Idaho statute that survived a legal challenge, federal courts could and should strike down this law. Like the previous “ag gag” legislation, its primary purpose is to suppress speech reflecting certain viewpoints.

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How to create activist judges

September Lau and Kimberly Graham make the case against a Republican effort to pack Iowa courts with conservatives. -promoted by Laura Belin

Ever since the 2009 Iowa Supreme Court decision legalizing same-sex marriage, conservative groups and legislators have attempted to reign in what they describe as an “activist” court. Never mind that that opinion, Varnum v. Brien, was a deliberate and thoughtful walk through equal protection analysis. Conservatives simply didn’t like the decision because it wasn’t the result they wanted.

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Iowa Senate broadens ethics code, but not transparency rules

Iowa state senators have amended their chamber’s ethics code following a high-profile complaint against Democratic Senator Nate Boulton, which was dismissed late last year.

The new language cover actions occurring outside the capitol building and allows citizens to file a complaint more than three years after an incident. However, the updated code would still lead to dismissal of a complaint like Sharon Wegner’s allegations against Boulton.

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Who's who in the Iowa Senate for 2019

The Iowa Senate convened for its 2019 session on January 14 with 32 Republicans and 18 Democrats. A record eleven senators are women (six Democrats and five Republicans), up from six women in the chamber at the start of the last legislature’s work.

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 mentioned changes since last year’s legislative session. Note that Democratic Senator Nate Boulton will serve on committees after all. Minority Leader Janet Petersen had declined to assign him to any committees last month.

A few words about demographics: all current state 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. No Asian American has served in the Iowa Senate since Swati Dandekar resigned in 2011.

Some non-political trivia: the 50 Iowa senators include two Smiths (a Democrat and a Republican) and two Taylors (both Democrats). As for first names, there are three Marks, three Zachs, and two men each named Dan, Jim, Tim, Tom, and Jeff.

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Iowa Senate needs to understand: religious freedom also applies to atheists

Justin Scott is the state director for the Iowa chapter of American Atheists. -promoted by Laura Belin

The notion of religious freedom — what it is, what it isn’t and what it should be — is being tested here in Iowa.

In April 2017, the Iowa House of Representatives respected my religious rights when I delivered the first atheistic invocation in that body’s history. The Iowa Senate, however, has denied my repeated requests to perform a similar invocation. In so doing, the Senate is not only directly discriminating against me, but also violating the Constitution, which protects all faiths equally.

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Key GOP lawmaker not interested in limiting state auditor's subpoena power

Republicans in Wisconsin and Michigan responded to recent election losses by limiting the powers of some Democratic statewide officials. GOP lawmakers are rumored to be considering similar legislation in Iowa, where Rob Sand just took office as the first Democrat to serve as state auditor in more than 50 years.

But Republican State Representative Bobby Kaufmann, who chairs the Iowa House State Government Committee, told Bleeding Heartland he has no interest in revoking or curtailing the subpoena power of Sand’s office.

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Nobody asked for my opinion, but I’m giving it anyway (part 1)

Amber Gustafson was the Democratic candidate in Iowa Senate district 19. -promoted by desmoinesdem

Some Key Improvements Iowa Democratic Organizations Can Make Ahead of 2020

Okay, maybe a few people have asked for my opinion on what Iowa Democrats could have done better in 2018, and how we can be in a better position in 2020 to retake one or both of the houses of the state legislature, defeat Senator Joni Ernst, keep Representatives Dave Loebsack, Abby Finkenauer, and Cindy Axne, send Steve King packing, and help rid our country of the scourge of Donald Trump.

It has been about a month since I ran against and nearly defeated Iowa Senate Majority Leader Jack Whitver in a district where he ran twice previously unopposed – and made him spend more than $500,000 defending his seat in a district with a distinct Republican registration advantage – while proudly running on a platform of protecting abortion rights and reducing gun violence.

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Nate Boulton now subject of Iowa Senate ethics complaint

The Iowa Senate Ethics Committee has received a formal complaint from Sharon Wegner regarding alleged sexual misconduct by Nate Boulton before he was elected to the legislature, Brianne Pfannenstiel reported for the Des Moines Register on November 19. It’s unclear whether the complaint will lead to a broader investigation of Boulton, who has ignored calls from some leaders of his caucus to resign.

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Final look at nine Iowa Senate races to watch, with ratings

Few Iowa politics watchers doubt that Democrats will gain ground in the state House today–the only question is how much will the Republican majority shrink.

In contrast, the Iowa Senate landscape could shift in either direction. Republicans now hold 29 seats and are unopposed in Senate district 1, where independent Senator David Johnson is retiring. They are also outspending several Democratic incumbents in districts Donald Trump carried in the last presidential election. Democrats currently hold 20 Senate seats, but they could add to their ranks today, despite a difficult map and a couple of bad breaks over the summer.

Here’s how the key races look going into election day, based on voter registration totals, recent voting history, absentee ballot numbers, and where Democratic or Republican leaders have made large expenditures.

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GOP outspending Democrats in almost every competitive Iowa Senate race

As was the case two years ago, Democratic candidates are at a financial disadvantage in almost all of the Iowa Senate districts both parties are targeting.

The disparity adds another challenge to a party already facing a difficult path to gaining ground in the upper chamber. Republicans currently hold 29 of the 50 Senate seats and are guaranteed to pick up the district independent Senator David Johnson is vacating.

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Iowa Senate Republicans on tv to defend Jack Whitver, Julian Garrett

Five weeks before the general election, the Republican Party of Iowa has begun airing television commercials to promote Senate Majority Leader Jack Whitver and State Senator Julian Garrett.

The advertising suggests that Republican internal polling shows Democrats Amber Gustafson and Vicky Brenner within striking distance in Senate districts 19 and 13, respectively. Democratic internal polling presumably shows competitive races too, since former President Barack Obama included Gustafson and Brenner on his list of Iowa endorsements this week. Only five state legislative candidates made the cut.

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IA-02: Dave Loebsack should spend less on tv, more to elect Iowa Democrats

Six-term U.S. Representative Dave Loebsack will spend more than a million dollars over the next seven weeks running television commercials for a race not seen as competitive by any election forecaster or political advocacy group.

Meanwhile, his campaign has contributed just $125,000 to the Iowa Democratic Party’s coordinated effort to boost candidates running for all state and federal offices.

What’s wrong with this picture?

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Iowa legislative recap: Constitutional amendments

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

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

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

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Annette Sweeney wins Iowa Senate district 25 special election

Republican Annette Sweeney will represent Iowa Senate district 25 for the remainder of the year after winning today’s special election by 4,742 votes to 3,726 for Tracy Freese (56.0 percent to 44.0 percent), according to unofficial results. Although that may not sound like a close race, Freese’s vote share was impressive in a district with nearly twice as many registered Republicans as Democrats.

Hillary Clinton received about 33.6 percent of the vote in Senate district 25 in November 2016. Two years earlier, Democratic U.S. Senate candidate Bruce Braley received just under 34.8 percent here. Democrats did not field a candidate in Senate district 25 during the 2014 cycle.

In addition, Freese was a first-time candidate, whereas Sweeney represented parts of this district for four years in the Iowa House. The Iowa GOP also spent far more promoting Sweeney during the brief special election campaign (truncated because Majority Leader Bill Dix resigned during the legislative session) than the Iowa Democratic Party did on behalf of Freese. Unlike the December special election in Senate district 3, Republicans had quite a few canvassers and ballot chasers out during the last several days.

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Report highlights Iowa Medicaid horror stories; oversight bill languishes

Complaints to the Iowa Office of Ombudsman regarding privatized Medicaid increased by 157 percent last year, reflecting “systemic frustration” over cuts to health services for patients and unpaid bills for providers. Ombudsman Kristie Hirschman has “yet to be convinced” that the Department of Human Services is providing “adequate oversight” of the private insurance companies that control access to care and reimbursements, she wrote in a report released on April 2. The three outrageous examples she recounted resemble too many other tragic cases since Iowa shifted to a managed-care model for more than half a million Medicaid recipients.

Hirschman has assigned a full-time staffer to handle Medicaid-related complaints. The same issues come up again and again, more than a year after she, the state’s Long Term Care Ombudsman, and the advocacy group Disability Rights Iowa informed the DHS director about recurring problems with Medicaid managed-care organizations.

Although the ombudsman praised the legislature for “taking steps to correct some of the problems we and others have identified,” Senate Republican leaders haven’t brought up a Medicaid oversight bill that passed the Iowa House unanimously last month.

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Bill Dix was never as smart as he thought he was

Senate Majority Leader Bill Dix’s eighteen-year legislative career ended today after Iowa Starting Line published a video and photographs showing Dix and a lobbyist snuggling in a Des Moines bar on March 1. The majority leader did not comment on the alleged relationship in any statement to the media or in his resignation letter.

State lawmakers having affairs with lobbyists is hardly a new phenomenon, but given the potential for abuse of power, as well as the massive media coverage of the sexual harassment problem in the Iowa Senate GOP caucus, you’d think Dix would avoid having such an intimate conversation in public.

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Five takeaways from the Iowa legislature's opening day in 2018

The Iowa House and Senate convened Monday with the usual big promises and platitudes about working together to build a better future for Iowans.

Behind the optimistic rhetoric, all signs point to another contentious legislative session. The opening day speeches by Republican and Democratic leaders, enclosed in full below, revealed almost no common ground about the focus of lawmakers’ work and no indication that the most important bills will incorporate Democratic ideas. My takeaways:

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

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

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

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

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