# Jamie Fitzgerald



Unlike Whitver, Miller-Meeks put herself in legal jeopardy

During the first election cycle after redistricting, it’s typical for many Iowa politicians to move, seeking more favorable territory or to avoid a match-up against another incumbent. What set this year apart from a normal campaign under a new map: major controversies related to those address changes.

Iowa Senate Majority Leader Jack Whitver faced a formal challenge to his voter registration, after a resident of his new district claimed he didn’t meet the constitutional requirement to be on the November ballot.

And this week, Iowa Starting Line’s Pat Rynard was first to report that U.S. Representative Mariannette Miller-Meeks declared herself to be living at a friend’s house, on the last day she could change her voter registration without showing proof of address.

While Whitver played it close to the line, he successfully laid the groundwork for his voter registration change. Polk County Auditor Jamie Fitzgerald determined last week that Whitver’s declared residency at a condo in Grimes was valid. The top Iowa Senate Republican also avoided any voter fraud allegations by not casting a ballot in the 2022 primary or general elections.

In contrast, the circumstances surrounding Miller-Meeks’ address change raise legitimate questions about whether she committed election misconduct or perjury, which are both class “D” felonies in Iowa.

Staff for Miller-Meeks did not respond to Bleeding Heartland’s inquiries about her voter registration. Nor did State Senator Chris Cournoyer, whose Scott County home the member of Congress now claims as a residence.

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How Joel Miller won the Democratic race for Iowa secretary of state

Going into the June 7 primary, I anticipated a close Democratic contest for secretary of state. Linn County Auditor Joel Miller and Clinton County Auditor Eric Van Lancker had few substantive disagreements and few opportunities to reach a mass audience. The campaign received relatively little news coverage, and the candidates didn’t get speaking time at the Iowa Democratic Party’s large fundraiser in April.

While Miller’s home base was in a larger county, Van Lancker had raised and spent much more on the secretary of state campaign. His team had a paid consultant, purchased the Iowa Democratic Party’s voter file, and began significant digital advertising two months before the primary. Van Lancker spent $5,863 on Facebook ads alone, making tens of thousands of impressions, according to Meta’s ad library. In contrast, the majority of Miller’s campaign spending went toward collecting enough signatures to qualify for the ballot.

The result was surprisingly lopsided: Miller received 97,896 votes (71.7 percent) to 38,602 (28.3 percent) for Van Lancker. The winner carried 98 counties, losing only Clinton, where voters had previously elected Van Lancker four times.

I interviewed Miller about his victory on June 8 and reached out to engaged Democratic voters for insight on how they picked a candidate for this race.

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Van Lancker highlights early voting in first ad

Iowa Democrats have only two competitive statewide primaries this year: for U.S. Senate and for secretary of state. Both Democrats running for the latter office are long-serving county auditors who are not widely known outside their home counties (Linn County for Joel Miller and Clinton County for Eric Van Lancker).

Van Lancker began introducing himself to a wider circle of voters this week with his first digital ad. The 60-second spot highlights the benefits of early voting. According to an April 5 news release, the campaign will release a 30-second version of this ad for television in May. Under a law Republicans enacted last year, Iowa’s early voting period will begin on May 18, just 20 days before the June 7 primary.

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Srinivas, Bagniewski running for Iowa House seats in Des Moines

The Iowa House Democratic caucus is poised to have more turnover than usual after the 2022 election, as the new legislative map created open seats in some solid blue areas, and several sitting lawmakers have confirmed they won’t seek re-election.

In Des Moines, Megan Srinivas and Sean Bagniewski are the first Democrats to begin campaigning in two House districts where the winner of the June primary is virtually guaranteed to be elected next November.

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Linn County auditor exploring 2022 bid for Iowa secretary of state

Linn County Auditor Joel Miller may run for secretary of state next year, the Democrat announced on his blog January 30. Miller created an exploratory committee in November with the goal of recruiting “a current or former county auditor to run for Secretary of State in 2022 or to run for Secretary of State myself.”

If Miller runs for statewide office, he’ll transfer money raised by the exploratory committee to his campaign account. He plans to transfer any unspent funds to the Iowa Democratic Party if he decides not to challenge Republican incumbent Paul Pate.

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Iowa secretary of state backpedals on ballot drop box crackdown

Iowa Secretary of State Paul Pate will not seek to prevent county auditors from setting up drop boxes outside their offices for voters to hand-deliver absentee ballots, he announced on Iowa Public Television’s “Iowa Press” program on August 28.

The same day, state elections director Heidi Burhans told county auditors in writing that “a no-contact delivery system” for absentee ballots will be allowed “at your office or in the immediate outside area of your office building.”

Pate still maintains county auditors cannot set up drop boxes “throughout the community,” a warning shot at Linn County Auditor Joel Miller.

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Iowa Republicans may regret blocking statewide absentee ballot mailing

July 6 was the first day Iowans can request an absentee ballot for the 2020 general election. Under normal circumstances, I prefer voting early in person and have encouraged others to do the same. But voting by mail is by far the safest option for 2020, in light of the COVID-19 pandemic.

Republican legislators signaled last week they won’t allow Secretary of State Paul Pate to send absentee ballot request forms to every registered voter again.

Election officials in Iowa’s largest counties aren’t waiting to see how things play out. Several auditors are already making plans for their own universal mailings. Higher turnout in those counties should benefit Democratic candidates for federal offices and state legislative seats.

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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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Court puts four new Iowa voting restrictions on hold (updated)

A Polk County District Court has ordered that four voting restrictions Iowa Republicans enacted in 2017 will be on hold pending resolution of a lawsuit the League of United Latin American Citizens and Iowa State University student Taylor Blair filed in May. Plaintiffs had requested the temporary injunction, noting that the new law (House File 516) could disenfranchise eligible voters in various ways and would disproportionately harm Democrats, who are more likely to cast early ballots.

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Paul Pate ignorant about his own voter ID law

Olivia Habinck is a Des Moines Area Community College student and president of the College and Young Democrats of Iowa. -promoted by desmoinesdem

On April 13 I participated in the Iowa Secretary of State’s Student Voter Engagement Summit. This was the second time in the past six months Secretary Paul Pate has invited college students to meet with his staff.

First, I would like say that I appreciate the effort to reach out to college students. It is great the people at the Secretary of State’s office want (or appear to want) to hear our feedback. We have made it clear they could be doing more to increase voter turnout in the state, especially with the new voter ID law.

But I am frustrated by top election officials’ overall lack of understanding of how this new voter ID law affects Iowans and specifically college students.

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First look at Jim Mowrer's campaign for Iowa secretary of state

Vowing to fight for every vote to be counted and to “say no to making it harder and more expensive to vote,” Jim Mowrer launched his campaign for secretary of state on August 3. He is well-known to many Democrats as Representative Steve King’s 2014 opponent in the fourth Congressional district and Representative David Young’s challenger in the third district last year. Follow me after the jump for more on Mowrer’s case for his candidacy and against Secretary of State Paul Pate, including highlights from an interview with Bleeding Heartland.

Mowrer will have at least one competitor in the Democratic primary. Deidre DeJear launched her campaign on August 6. She’s on the web, Facebook, and Twitter. I recently spoke to DeJear about her background and goals and have a post in progress on her secretary of state campaign. Iowa Starting Line profiled her here.

State Representative Chris Hall of Sioux City has not ruled out the secretary of state race either, he told me in late July.

I’ve reached out to several county auditors who had floated the idea of challenging Pate in 2018. Polk County Auditor Jamie Fitzgerald told me he is no longer considering a run for higher office. Johnson County Auditor Travis Weipert announced on Facebook on August 3 that Mowrer “has my full backing.” UPDATE: Two more county auditors endorsed Mowrer on August 7. Scroll to the end of this post for details.

Nathan Blake, who had been thinking about this race, confirmed two weeks ago that he has decided against it.

Because I believe the most dangerous thing about the Trump Republican Party is its disdain for democracy and its corresponding voter suppression efforts, I had been planning to run for Secretary of State in 2018. However, in May Iowa Attorney General Tom Miller asked me to take on a new role as a Deputy Attorney General. I believe I can do the most good over the next few years working for AG Miller to stand up for the rule of law, keep Iowans safe, and protect consumers. While I won’t be running for anything this cycle, I’ll continue to fight for voting rights and other progressive policies and I’ll evaluate opportunities to serve in elected office in the future.

Bill Brauch likewise considered running for secretary of state but will not be a candidate for any office next year. Instead, he told me, he will continue volunteering as the Iowa Democratic Party’s Third District Chair.

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Paul Pate angered by county auditors' criticism of voter ID bill

Stung by criticism of his proposal to enact new voter ID and signature verification requirements, Iowa Secretary of State Paul Pate accused some county auditors of pursuing a “partisan” agenda, as well as lobbing “blatant distortions,” “smears,” and “cheap shots.” Pate made the accusations during a legislative briefing for the Iowa State Association of County Auditors on March 9. Earlier that day, House Republicans had approved a version of Pate’s bill, ignoring feedback from many who warned the legislation would disenfranchise eligible voters.

At least four Democratic county auditors are considering running for secretary of state next year, largely because Pate has pushed for voter ID, Jason Noble reported for the Des Moines Register yesterday. Johnson County Auditor Travis Weipert, Polk County Auditor Jamie Fitzgerald, Clinton County Auditor Eric Van Lancker, and Scott County Auditor Roxanna Moritz will likely confer and “agree in advance on putting forward a single candidate,” they told Noble. Nathan Blake may also seek the Democratic nomination for secretary of state.

Pate didn’t call out any county auditors by name during his March 9 speech, but he sounded particularly enraged by Weipert, who has been a leading critic of the voter ID bill and testified against the proposal at a public hearing.

The Secretary of State’s Office made a recording of Pate’s remarks (which I requested on March 14) available to me only this morning. You can download the file through Dropbox. I enclose below my partial transcript. UPDATE: Embedded the video below, since the Dropbox link wasn’t working for some.

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Divided Iowa Supreme Court upholds felon voting ban; key points and political reaction

The Iowa Supreme Court has rejected a lawsuit challenging state policy on disenfranchising all felons. Four justices found “insufficient evidence to overcome the 1994 legislative judgment” defining all felonies as “infamous crimes,” which under our state’s constitution lead to a lifetime ban on the right to vote or run for office. Chief Justice Mark Cady wrote the majority ruling, joined by Justices Bruce Zager, Edward Mansfield, and Thomas Waterman. They affirmed a district court ruling, which held that having committed a felony, Kelli Jo Griffin lost her voting rights under Iowa law.

Justices Brent Appel, Daryl Hecht, and David Wiggins wrote separate dissenting opinions, each joined by the other dissenters. I enclose below excerpts from all the opinions, along with early political reaction to the majority ruling and a statement from Griffin herself.

The American Civil Liberties Union of Iowa filed the lawsuit on behalf of Griffin in November 2014, seven months after an Iowa Supreme Court plurality had stated, “It will be prudent for us to develop a more precise test that distinguishes between felony crimes and infamous crimes” that disqualify Iowans from voting.

Three of the six justices who participated in that 2014 case decided Griffin v. Pate differently. In Chiodo v. Section 43.24 Panel, Cady wrote and Zager joined the plurality opinion, which left open the possibility that not all felonies rise to the level of infamous crimes. Wiggins dissented from the Chiodo plurality, saying the court should not rewrite “nearly one hundred years of caselaw” to “swim into dangerous and uncharted waters.”

All credit to Ryan Koopmans for pointing out in March that given how quickly the court had decided Chiodo, “Having had more than a couple days to think about it, some of the justices could easily change their mind.” The justices were on a compressed schedule in Chiodo because of the need to print ballots in time for the early voting period starting 40 days before the 2014 Democratic primary. Ned Chiodo was challenging the eligibility of Tony Bisignano, a rival candidate in Iowa Senate district 17.

Side note before I get to the key points from today’s decisions: An enormous opportunity was missed when the state legislature did not revise the 1994 law defining infamous crimes between 2007 and 2010, when Democrats controlled the Iowa House and Senate and Chet Culver was governor. The issue did not seem particularly salient then, because Governor Tom Vilsack’s 2005 executive order had created a process for automatically restoring the voting rights of most felons who had completed their sentences.

But Governor Terry Branstad rescinded Vilsack’s order on his first day back in office in January 2011. During the first five years after Branstad’s executive order, fewer than 100 people (two-tenths of 1 percent of those who had been disenfranchised) successfully navigated the process for regaining voting rights. I consider the policy an unofficial poll tax, because getting your rights back requires an investment of time and resources that most ex-felons do not have. Today’s majority decision leaves this policy in effect, with a massively disproportionate impact on racial minorities.

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Five red flags about the Iowa Democratic Party's Caucus Review Committee

The Iowa Democratic Party’s Caucus Review Committee will hold its first meeting “for purposes of organization” on Saturday, May 7. Members of the public may attend the event, which begins at 10 am at the Airport Holiday Inn (Iowa Conference Rooms B & C) at 6111 Fleur Drive in Des Moines. The meeting will likely run well into the afternoon as the 26 committee members hear from speakers including Republican Party of Iowa officials, who will share what they learned from their review of the 2012 caucuses.

Whether Iowa will ever be able to hold meaningful caucuses again is an open question. Democratic National Committee Chair Debbie Wasserman-Schultz has allies in national circles who share her belief that the party should require “simpler” and “more democratic” primaries for the purposes of presidential selection. If forced to abandon caucuses, Iowa would probably be relegated to the end of the nominating process in June, unless our state’s leaders manage to lobby for an earlier primary date.

Assuming the caucuses continue as an important event in presidential campaigns, the Iowa Democratic Party should address some of the current system’s major shortcomings. Based on what I’ve heard (and not heard) from various Caucus Review Committee members, the exercise seems destined to produce minor improvements in how the caucuses are managed, as opposed to big changes to address the caucuses’ disenfranchising and unrepresentative features.

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Iowa county governments: Don't inconvenience us by protecting fundamental constitutional rights

The Iowa State Association of Counties has asked the Iowa Supreme Court to keep tens of thousands of citizens permanently disenfranchised so county auditors will have “a definition of infamous crime that can be easily discerned and quickly applied” as they administer elections.

In addition, the association representing county officials suggests auditors will be unable to provide “the orderly conduct of elections” if the high court does not abandon efforts to distinguish certain felonies from the “infamous crimes” that disqualify Iowans from voting under our state’s constitution.

The disturbing attempt by county governments to place administrative convenience above a fundamental constitutional right came in a “friend of the court” (amicus curiae) brief filed in connection with a case the Iowa Supreme Court will consider this week. Yet Polk County Auditor Jamie Fitzgerald, the chief elections officer in Iowa’s largest county, maintains that a new standard allowing some felons to vote would not be “an administrative burden any more than the myriad other provisions that county auditors and poll-workers must contend with.”

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IA-Sen: Patty Judge highlights support from women in first batch of endorsements

Claiming to have “a broad, statewide network that can work together to defeat Chuck Grassley,” former Lieutenant Governor Patty Judge today released a list of nearly 60 prominent Iowa Democrats supporting her candidacy for U.S. Senate. I enclose below the full campaign statement, which highlighted endorsements from:

• “every living Democratic woman to hold a statewide office in Iowa,” namely former Attorney General Bonnie Campbell, former Secretary of State Elaine Baxter, and former Lieutenant Governors Sally Pederson and Jo Ann Zimmerman. Gender will be a factor for many Iowa Democrats weighing their choices in the four-way IA-Sen primary.

• “activists and community leaders,” such as LGBTQ advocates Nate Monson, Cecilia Martinez, and Bobbi Fogle; Jill June, the longtime leader of Iowa’s largest Planned Parenthood chapter; Joe Henry, national vice president of the League of United Latin American Citizens; and former Secretary of State nominee Brad Anderson.

• “current and former elected officials,” including former U.S. Representative Leonard Boswell, Polk County Auditor Jamie Fitzgerald, former Davenport Mayor Bill Gluba, and former Cedar Rapids Mayor Kay Halloran.

• former Iowa Democratic Party chairs Rob Tully and Michael Kiernan (and Bonnie Campbell), along with current and former county party chairs.

Also worth noting:

• While Judge’s list is heavy on Iowans who backed Hillary Clinton for president, it includes some well-known Bernie Sanders endorsers like Gluba and Henry.

• Judge has not peeled away any of the 61 Democratic state lawmakers (including 25 women) who endorsed State Senator Rob Hogg for IA-Sen earlier this year, before the former lieutenant governor and Iowa secretary of agriculture was known to be considering this race.

Any comments about the Senate campaign are welcome in this thread. With all respect to Judge and the women and men named below, someone who aligned herself with the Iowa Farm Bureau against efforts to clean up waterways will never get my vote in a Democratic primary.

P.S.- I got a kick out of seeing both Joe Henry and Des Moines activist Sean Bagniewski on Judge’s supporter list. Less than two weeks ago, they were key players on opposite sides in the epic drama also known as the Polk County Democratic Convention.

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