# Michael Bergan



Absentee ballots wrongly excluded in Iowa House district 55 (updated)

“Every vote should be counted,” Democratic challenger Kayla Koether said in a statement after a recount showed her trailing Republican State Representative Michael Bergan by nine votes in Iowa House district 55. Her comments suggest Koether is preparing litigation to force the counting of 33 absentee ballots, which were mailed on time but not counted because the envelopes lacked a certain kind of postmark.

If Koether does not file suit before election results are certified on December 3, one or more of the disenfranchised Winneshiek County voters should take legal action. Election officials did not properly interpret Iowa statute when they excluded those ballots.

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Twenty Iowa House races to watch, with ratings

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

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

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

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If Rod Blum tanks, how many Iowa House Republicans will he take with him?

A New York Times poll of Iowa’s first Congressional district this week found Democratic challenger Abby Finkenauer leading two-term Representative Rod Blum by 51.5 percent to 37 percent. Finkenauer led by double digits in every turnout model the pollsters applied to the raw data. Blum’s favorability of 35 percent was even lower than President Donald Trump’s 39 percent approval rating among respondents.

As national Republican strategists and GOP-aligned advocacy groups write off Blum and election forecasters increasingly view IA-01 as a probable Democratic pickup, I’ve been thinking about how a Blum implosion could affect down-ballot Republicans. With no straight-ticket option for Iowa voters this year, coat-tails may be less important than they were in the past. Nevertheless, it can’t be good for GOP legislative candidates that Finkenauer’s campaign has had field organizers working across the district for at least six months to identify and turn out supporters.

Democrats need a net gain of ten Iowa House seats to win a majority in the lower chamber (currently split 59 R/41 D). At least eight potentially competitive GOP-held state House districts are located within the first Congressional district.

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Race ratings: Battle for the Iowa House

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

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

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

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

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

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

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Kim Reynolds quietly signed unconstitutional immigration bill

Governor Kim Reynolds has signed a bill designed to force Iowa police and sheriffs to assist with federal immigration enforcement.

In so doing, she undermined public safety and constitutional rights against unreasonable searches and seizures–not only for those living in Iowa without legal authorization, but also for immigrants who are lawfully present or even U.S. citizens.

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

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

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

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Bob Vander Plaats and FAMiLY Leader men: Pluck out thy right eye

After watching Iowa House Republicans advance an unconstitutional abortion ban, Matt Chapman has a “modest proposal.” -promoted by desmoinesdem

Toward the end of the second “funnel” week, when most non-appropriations bills must be approved by one chamber and by a committee in the other chamber to remain viable, House Republicans amended a fetal body parts bill to ban almost all abortions in Iowa after a fetal heartbeat can be detected.

Selling fetal body parts is not legal or happening in Iowa. That issue was merely a distraction, a vehicle to advance the true Republican agenda: taking away women’s rights to control their own bodies.

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Fourteen Iowa House Democrats who seem content to stay in minority forever

Iowa Democrats are in a deep hole, controlling only 20 of the 50 seats in the state Senate and 41 of 100 in the House. On the plus side, strong candidate recruitment and a wave of Republican retirements are giving Democrats plenty of opportunities to pick up House seats. (The 2018 Iowa Senate map is less promising.)

Raising money can be challenging for leaders of a minority party, who don’t call the shots on legislation. Furthermore, Iowa Republicans have a natural advantage, since the policies they promote are often tailored to suit wealthy individuals or corporate interest groups. While money doesn’t always determine campaign outcomes, quite a few Democratic lawmakers and challengers lost in 2016 after being massively outspent on television commercials and direct mail (see here, here, and here for examples).

Yet the latest campaign financial disclosures reveal little sense of urgency among Democratic incumbents who could do much more to help others win competitive districts this November.

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Who's who in the Iowa House for 2018

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

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

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

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

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

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Two more Democrats support gun bill in final Iowa House vote

This afternoon the Iowa House approved the amended omnibus gun bill state senators approved earlier this week. House File 517 passed by 57 votes to 35, mostly along party lines. Four Democrats (Bruce Bearinger, Scott Ourth, John Forbes, and Tim Kacena) voted for the bill. Bearinger and Ourth also supported the legislation the first time it came before the House. They explained their reasoning in comments I published here. I have asked Forbes and Kacena why they changed their minds and will update this post as needed.

Only two Republicans voted against the gun bill today. Dave Heaton and Michael Bergan also opposed last month’s version. Heaton could not abide the provisions making it more difficult for local governments to keep guns out of public buildings. His district includes Mount Pleasant, where a fatal shooting occurred during a city council meeting three decades ago. I have not seen public comments from Bergan about this issue, but will update this post if he responds to my inquiry.

Before the final vote, House members debated the Senate amendment to House File 517. Bleeding Heartland discussed the changes to various provisions here. Democratic State Representative Mary Wolfe offered an amendment to the amendment, which would have delayed until July 1, 2018 the implementation of the section allowing Iowans to carry concealed weapons on the state Capitol grounds. Her thinking: while it’s “fine” to let law-abiding Iowans carrying handguns in Capitol, the legislature has a “responsibility to visitors to ensure all permits to carry [are] valid.” The bill calls for the Department of Public Safety to create a statewide verifiable uniform permit to carry, but that process will take much longer than three months. Wolfe pointed to the risk that Iowans without permits might take advantage of the current non-uniformity of carry permits issued by county sheriffs (some with no photo). The state legislature will be held liable “if innocent people are killed by a person who is allowed to carry” a gun in the Capitol building.

Wolfe’s amendment was ruled not germane, and her motion to suspend the rules to force a vote on it failed along party lines. After that, House members approved the Senate amendment by voice vote, leading to closing speeches and the 57-35 vote on final passage mentioned above.

Matt Windschitl, who floor managed House File 517, used part of his closing remarks to go on a riff about Iowans “being lied to.” I expected a diatribe against people like me, who have raised concerns about Stand Your Ground and local pre-emption language facilitating more homicides. But in a plot twist, Windschitl’s target was Aaron Dorr, the none-too-ethical leader of Iowa Gun Owners. That group claims to be “Iowa’s only No Compromise gun rights organization.” On the House floor (beginning around the 4:42:15 mark here), Windschitl hammered Iowa Gun Owners for taking credit for a bill they did nothing to advance. “You need and you deserve the truth. Aaron Dorr is a scam artist, a liar, and he is doing Iowans no services and no favors. I feel better now,” Windschitl said, just before moving for a final vote on his bill.

UPDATE: Forbes commented via e-mail on April 7, “There were several changes made in the Senate that improved the bill and led to my support. While it is still not perfect, the Senate changes give the Governor more flexibility to restrict weapons in emergency situations, adds more safeguards for kids, and adds new protections to keep people who have committed a firearms-related crime behind bars.”

What you need to know about the bill that will get more Iowans killed

Voting mostly along party lines, the Iowa House approved on March 7 a bill containing many items on the gun lobby’s wish list. House File 517 would make it easier for Iowans to acquire, carry, and use firearms, relaxing permitting rules, expanding where people can bring concealed weapons, and enacting “Stand Your Ground” language. The bill is certain to pass the Republican-controlled state Senate, due to the heavy involvement of pro-gun groups in defeating several Democratic incumbents last year. Governor Terry Branstad has never seen a gun bill he didn’t like, so will surely sign House File 517 when it reaches his desk.

The most important likely result will be more shootings of unarmed people by Iowans newly entitled to use deadly force, without having to demonstrate that any person was in danger, or that the shooter had valid reason to feel threatened. Other states that adopted “Stand Your Ground” legislation have experienced a documented increase in homicides, with no evidence of deterrence effects. After Florida enacted a law similar to what the Iowa House just passed, “there was an abrupt and sustained increase in the monthly homicide rate of 24.4% […] and in the rate of homicide by firearm of 31.6% […].”

As State Representative Ras Smith underscored by putting on a hoodie during the Iowa House debate, African-Americans will be at particular risk, since research indicates “Whites who kill blacks in Stand Your Ground states are far more likely to be found justified in their killings.”

More tragedies may also occur in Iowa municipal offices, thanks to provisions making it harder for cities and counties to ban weapons from government buildings.

I enclose below some highlights from yesterday’s debate and details on House File 517. Because gun advocates continue to spread misinformation in order to build a case for “Stand Your Ground,” I also included relevant language from current state law and an Iowa Supreme Court ruling.

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Who's who in the Iowa House for 2017

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

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

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

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

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A close look at Republican message-testing in key Iowa House races

Republicans are testing potentially damaging messages about Iowa House Democratic candidates, along with statements that might increase support for GOP candidates in battleground legislative districts. After listening to several recordings of these telephone polls and hearing accounts from other respondents, I have three big takeaways:

• Republicans are seeking ways to insulate themselves from voter anger over inadequate education funding and the Branstad administration’s botched Medicaid privatization;
• The time-honored GOP strategy of distorting obscure legislative votes is alive and well;
• The Iowa Democratic Party’s platform plank on legalizing all drugs may be used against candidates across the state.

Read on for much more about these surveys.

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Iowa Senate district 28 preview: Mike Breitbach vs. Jan Heikes

Hours after Democrats across the country had begun to celebrate President Barack Obama’s re-election on the night of November 7, 2012, Iowa’s political junkies were still on the edge of our seats, waiting for votes to be reported in the last few state Senate races. Sometime after 1 am, results from Senate district 42 in Iowa’s southeast corner confirmed that Democrats would control at least 26 seats in the upper chamber. For at least two more years, that firewall would stop Republicans from implementing some of the disastrous policies seen in places like Wisconsin, Kansas, or Ohio.

Democrats are still clinging to the ledge with a one-seat Iowa Senate majority. While Republicans have several districts to target in their quest for 26, Democrats have only one obvious pickup opportunity: Senate district 28 in the northeast corner of the state. This race was the “one that got away” four years ago, as former State Representative John Beard fell an agonizing 17 votes short against Republican Mike Breitbach in the battle for an open seat. Now Breitbach has the advantages of incumbency as he seeks re-election against Jan Heikes.

Follow me after the jump for more on this district’s political make-up and voting history, along with background on both candidates and Breitbach’s first television commercial.

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