# Mike Breitbach



Senate Republicans misstate facts, misread Iowa law on absentee mailing

A wide-ranging election bill is eligible for Iowa Senate debate on June 10. Judging by the party-line vote in the State Government Committee on June 5, the Republican majority seems likely to rubber-stamp House File 2486 and send it to the Iowa House.

State Senator Roby Smith proposed many bad ideas in his 30-page amendment to that previously innocuous bill. The most controversial would prevent Republican Secretary of State Paul Pate from sending an absentee ballot request form to any voter who did not ask for one. Pate’s decision to send such forms to every registered Iowa voter contributed to record-setting turnout for the June 2 primary.

Smith has denied he is trying to suppress voting by mail. But talking points he and a Republican ally floated in recent days do not withstand scrutiny. Pate didn’t need lawmakers to appropriate state funds for the mass mailing, didn’t need legislative approval to send the forms, and didn’t exceed his authority under Iowa law.

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Who's who in the Iowa Senate for 2018

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

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

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

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

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Iowa Senate leader stripped two Republicans of committee chairmanships

In an unusual move between the first and second years of a legislative assembly, Iowa Senate Majority Leader Bill Dix took committee chairmanships away from two members of his caucus this week. Senator Jake Chapman is the new leader of the Commerce Committee, replacing Bill Anderson. Senator Craig Johnson, who was just elected for the first time last November, now chairs the Transportation, Infrastructure, and Capitals Appropriations Subcommittee, replacing Rick Bertrand.

Dix handed the more significant demotion to Bertrand, who no longer serves on any appropriations subcommittee. Anderson’s remaining committee assignments still include a spot on one appropriations subcommittee as well as a position on the powerful Ways and Means panel.

Senate Republicans didn’t publicize the changes, which took effect on May 24, on their website or social media feeds. The snubs to Bertrand and Anderson attracted little notice amid the transfer of power from Governor Terry Branstad to Kim Reynolds. Senate GOP communications staff, Johnson, Bertrand, and Anderson did not respond to my requests for comment. When I reached Chapman by phone on May 24, he confirmed his new committee chairmanship but declined to speculate about the reasons, saying, “I don’t make those decisions.”

My first thought was that Dix punished Bertrand for throwing a bit of a tantrum (starting at the 6:12:20 mark of this video) during the final debate on Senate File 471, the bill banning almost all abortions after 20 weeks. But when senators first considered the same bill in March, Chapman had tried to suspend the rules to force a floor vote on “personhood” language. Johnson was among sixteen Republicans to support that breach of Senate protocol. Anyway, my initial hunch wouldn’t explain what Dix did to Anderson, who has never called out his GOP colleagues during a Senate floor speech, to my knowledge.

My best guess is that Bertrand and Anderson paid a price for missing too many votes this year. Follow me after the jump for details.

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Near-total support for medical cannabis bill in Iowa Senate

What a difference two years makes: the Iowa Senate approved a comprehensive medical cannabis bill today by 45 votes to five. Almost two years ago to the day, a similar bill covering fewer medical conditions barely passed the Senate with just one Republican (Brad Zaun) joining 25 of the 26 Democrats. State Senator Tod Bowman was the lone Democrat not to support the 2015 cannabis legislation, and he was the only Democrat to vote against Senate File 506 today, joined by Republicans Mike Breitbach, Dan Dawson, Julian Garrett, and Mark Costello. (Garrett had voted for the bill in the Senate Appropriations Committee last week.)

Bleeding Heartland covered the important provisions of Senate File 506 here. Whereas the current law allows the use of cannabis oil to treat a few seizure conditions but doesn’t provide for in-state production, the new bill would cover thousands more Iowans, permit licensed users to obtain cannabis in more forms (but not smokeable marijuana), and create conditions for manufacturing and selling medical cannabis in Iowa.

Before final passage, senators adopted two amendments by voice vote. Language introduced by Republican Tom Greene added polyarteritis nodosa to the list of covered conditions and reduced the maximum number of licensed medical cannabis manufacturers in Iowa from twelve to four. Republican Mark Chelgren’s amendment removed a passage that would have allowed patients to register for a nonresident card in Minnesota and obtain medical cannabis from a manufacturer in that state.

Iowa House Republican leaders may not allow a vote on this bill without amendments to limit its scope. However, they will face pressure to do something before adjournment, because the current law expires on July 1. During today’s floor debate, several senators urged colleagues in the lower chamber to send the legislation to Governor Terry Branstad, Steffi Lee reported for CBS-2 in Cedar Rapids.

Advocacy groups representing Iowans affected by various diseases or medical conditions are lobbying in favor of Senate File 506, while some organizations representing law enforcement or medical professionals are registered against it, including the Iowa Pharmacy Association. Ironically, the only two pharmacists serving in the legislature are strong supporters of the bill. Greene floor-managed Senate File 506, and Democratic State Representative John Forbes has been one of the lower chamber’s leading advocates for medical cannabis reform for years.

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Iowa Democrats, talk less about ALEC and more about people's lives

Thousands of Iowans will suffer brutal consequences from the two major bills Republican senators approved Monday. House File 295 blocks local governments from raising the minimum wage. Once Governor Terry Branstad signs the bill, thousands of people working in Linn, Johnson, and Wapello counties will get an immediate pay cut. Some 25,000 people in Polk County will be stuck earning $7.25 an hour, instead of getting a raise to $8.75, beginning next week. House File 518 will make it harder for employees to file workers’ compensation claims and will vastly reduce benefits for those who do qualify, especially anyone with a shoulder injury.

Both bills passed on party-line 29-21 votes after Republicans had rejected every effort to mitigate the harm done to working people.

As each Democratic amendment went down during hours of debate on the Senate floor, feelings of sadness, disgust and anger came through in the speeches of some Democrats and independent State Senator David Johnson. Why are you doing this, several asked their GOP colleagues. You don’t have to follow your floor manager, some pleaded. You can reject the “shameful” attempt to target poor people or those affected by life-altering workplace accidents.

Another dismal day in the Iowa legislature provoked an outpouring on social media, where progressive activists have mobilized this year in response to the Republican agenda. A measurable wave of “greater grassroots activism on the political left” is one of the few bright spots in the national landscape. In Iowa too, ordinary people are contacting their state lawmakers in record numbers and showing up to challenge them at district forums.

Watching these discussions unfold, I’ve noticed a reflexive tendency to blame one destructive Iowa GOP bill after another on the Koch brothers or the American Legislative Exchange Council. The more Democrats make the conversation about Koch money or ALEC, the easier it is for Republicans to avoid talking about the real-world consequences of their actions.

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Peter Cownie won't say who suggested worst workers' comp proposals

The Iowa House has already approved and the Senate will consider today the most sweeping changes to our workers’ compensation system in decades. The legislation would disadvantage injured workers in many ways. Three points in the initial Republican proposal have drawn the most intense criticism from employee advocates who spoke to journalists, published commentaries, testified at a public hearing, or reached out directly to state lawmakers:

• Shifting the burden of proof by forcing employees filing a claim to show workplace activity was the “predominant” factor in an injury;

• Cutting off benefits for most injuries at age 67, which would discriminate against older workers; and

• Classifying shoulder injuries as “scheduled member” rather than “body as a whole” injuries, language seen as a gift to meatpacking companies because it would “drastically” reduce benefits.

Those provisions were so widely acknowledged to be unjust that Republicans amended them before passing House File 518. GOP State Senator Charles Schneider has said he and other colleagues favor changing the same three sections of the Senate version.

How did such cruel ideas come before the legislature to begin with? Hoping to find out, I turned to State Representative Peter Cownie, who introduced the workers’ compensation bill in his capacity as House Commerce Committee chair.

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House Republicans approve workers' comp bill with major unfunded changes

Iowa workers lost again at the statehouse on Thursday, as 55 House Republicans approved a bill that would tilt the workers’ compensation system markedly toward employers. All 37 Democrats present voted against House File 518, joined by just one Republican, State Representative Rob Taylor. UPDATE: GOP Representative Clel Baudler was absent on March 16 but filed an “explanation of vote” in the House Journal on March 20 clarifying that he would have voted “nay” on this bill.

Lawmakers had received an enormous number of constituent contacts since the “dramatic” and “far-reaching” legislation first saw the light of day a little more than two weeks ago. In a rush to get this unpleasantness behind them before the weekend, GOP legislators insisted on a final vote before staff could analyze the cost of a “new career vocational training and education program,” conjured up in an amendment filed the previous evening.

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Four things I learned about the Iowa Republicans who just voted to defund Planned Parenthood

On Thursday Iowa Senate Republicans approved a bill that would end most state and federal funding for Planned Parenthood’s family planning services. All 29 Republicans and independent Senator David Johnson voted for Senate File 2, while all 20 Democrats voted against the measure. The Senate Judiciary Committee had approved the bill on a party-line vote the previous day.

Passage was a foregone conclusion, since the entire GOP caucus co-sponsored the bill, and statehouse Republicans have been trying to defund Planned Parenthood for years.

Although I already knew Republican lawmakers were willing to force the state to spend ten times more for family planning services, with no reliable funding stream, I still learned some new things watching Senate File 2 move through the upper chamber.

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Who's who in the Iowa Senate for 2017

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

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

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

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

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

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Twelve holes in the internal ISU Flight Service audit

The Iowa Board of Regents gave Iowa State University President Steven Leath a well-choreographed vote of confidence on Monday. First, Chief Audit Executive Todd Stewart took the board through highlights from his team’s review of ISU’s Flight Service, noting the “full cooperation” provided by ISU staff. Then a contrite yet defensive Leath took the floor. Still insisting he did not violate any policies or laws, the president admitted he could have shown “better judgment” and said he is “very sorry” about “things I should have done differently.” In particular, he “used the university planes more frequently than was absolutely necessary, and should have been more transparent about some of the use.” He promised to be “more thoughtful” and learn from this experience. The 12-page auditor’s report and full statement from Leath are enclosed at the end of this post.

Regent Larry McKibben was up next to thank Leath for his leadership and contribution to positive trends at ISU, adding that he hopes for more “great things” during the next five years. The chair of the Regents’ audit committee has never viewed what he called a “ding on an airplane wing” as grounds to change his opinion of Leath. His remarks before the regents went into closed session signaled that the overseers would neither fire nor severely sanction the ISU president.

After board members evaluated Leath’s performance, Board President Bruce Rastetter asserted that Leath had “eliminate[d] any questions about the personal benefit that he may have received by using the university aircraft,” having reimbursed the ISU Foundation for costs associated with some flights. He went on to say,

“Clearly, President Leath’s acknowledgment that he takes full responsibility for the issues identified in the audit and that he should have been more transparent about the use of the planes reassures this board, and I hope all Iowans, that the president deserves our continued trust and support,” Rastetter said. “Furthermore, the board believes the audit has put to rest any concerns about President Leath’s use of the aircraft.”

This Iowan is not reassured. The audit has big holes and failed to fully account for costs of Leath’s airplane habit.

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After campaigning on lies, Iowa Senate Republicans still won't lay out agenda

All but one of the 29 Republicans who will serve in the Iowa Senate for the next two years elected their leaders on Friday, changing little from the group that led the minority caucus during the last legislative session.

Bill Dix moves from Senate minority leader to majority leader.

Jack Whitver moves from minority whip to Senate president.

Jerry Behn, who preceded Dix as minority leader but hasn’t been in leadership since 2012, will become Senate president pro tem. He’s the longest-serving current Republican senator.

My own state senator, Charles Schneider, moves from an assistant minority leader position to majority whip.

Dan Zumbach and Randy Feenstra will be assistant majority leaders, having been assistant minority leaders during the last legislative session. The other two assistant majority leaders are new to leadership: Michael Breitbach and Amy Sinclair, the only woman in the 29-member incoming GOP caucus.

After the caucus meeting, Dix spoke only in general terms about the new majority’s plans.

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Republicans outspending Democrats in most Iowa Senate battlegrounds

Iowa House and Senate candidates were required to file their last pre-election campaign finance reports on Friday. In stark contrast to four years ago, Republicans are outspending Democrats in most of the contested state Senate districts. (I’ll address spending in the key Iowa House races in a different post.)

Currently, there are 25 Senate Democrats, 23 Republicans, and one independent. If former GOP Senator David Johnson makes good on his promise to remain an independent in 2017, and Democrats win the December special election to replace the late Senator Joe Seng, Republicans would need to pick up three seats to gain control of the upper chamber for the first time since 2004.

I enclose below in-kind contribution figures for the Senate districts expected to be in play next Tuesday. Candidates running elsewhere did not report large in-kind contributions from their respective parties.

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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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Ten Iowa legislative incumbents who raised surprisingly little for their re-election campaigns

Since the latest deadline for state legislative candidates to report to the Iowa Ethics and Campaign Disclosure Board passed on May 19, I’ve been going through the forms filed by incumbents or challengers in potentially competitive races.

Some of the contribution totals were much lower than I expected to see.

Follow me after the jump for ten Iowa House or Senate incumbents who haven’t been focused on fundraising, even though they could face tough re-election campaigns.

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Never let it be said that the 2016 Iowa legislature accomplished nothing

In four months of work this year, Iowa lawmakers made no progress on improving water quality or expanding conservation programs, funded K-12 schools and higher education below levels needed to keep up with inflation, failed to increase the minimum wage or address wage theft, let most criminal justice reform proposals die in committee, didn’t approve adequate oversight for the newly-privatized Medicaid program, opted against making medical cannabis more available to sick and suffering Iowans, and left unaddressed several other issues that affect thousands of constituents.

But let the record reflect that bipartisan majorities in the Iowa House and Senate acted decisively to solve a non-existent problem. At a bill-signing ceremony yesterday, Governor Terry Branstad and supporters celebrated preventing something that probably never would have happened.

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Iowa Democrats trying to add autism insurance coverage to budget bill

Earlier this month, Claire Celsi informed Bleeding Heartland readers about the demise of an autism insurance bill after State Representative Peter Cownie refused to bring the measure up for a vote in the Iowa House Commerce Committee, which he chairs.

As both Autism Awareness Month and the 2016 legislative session wind down, Democrats in the Iowa House and Senate have been working to add the same requirements to a must-pass budget bill. Follow me after the jump for background and where things stand in this fight.

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Medicaid oversight bill passes Iowa Senate with bipartisan support

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

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

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

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

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Who's who in the Iowa Senate for 2016

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

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

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

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

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Iowa AG Miller to GOP lawmakers: No authority to investigate fetal tissue transfers

Iowa Attorney General Tom Miller has informed 56 Republican state legislators that his office has neither “jurisdiction over transfers of fetal tissue” nor the “authority to investigate or demand information about the transfer of fetal tissue.” In a letter dated today, Miller noted that “Iowa does not have any state laws governing the transfer of fetal tissue,” which means that only offices of U.S. Attorneys are able to enforce federal laws in this area.

Last month, the GOP lawmakers asked Miller’s office “to investigate current and planned abortion operations within Iowa to ensure compliance with the law.” Their letter set out ten detailed questions regarding the disposal, donation, or possible sale of body parts following abortions. Miller directed the legislators to contact U.S. attorneys’ offices in Iowa if they “have reliable information that federal laws relating to fetal tissue are being violated.”

I enclose below the August 24 letter from Iowa House and Senate Republicans, today’s written response from Miller, and a two-page letter Planned Parenthood of the Heartland provided to the Attorney General’s Office regarding the lawmakers’ query. Planned Parenthood’s response noted that the organization “does not now, and has not in the past, participated in” any fetal tissue donation programs but adheres to “rigorous standards of care” and “compliance with all applicable laws and regulations” in every area of its work, including abortion services.

Many Iowa Republicans will be furious, not only because Miller will not act on their unfounded suspicions, but also because the Attorney General’s Office responded to their query in what appears to be a textbook late-afternoon, pre-holiday-weekend news dump.

Also worth noting: Iowa House Speaker-select Linda Upmeyer and incoming House Majority Leader Chris Hagenow did not sign the August 24 letter to Miller, but House Speaker Pro-Tem Matt Windschitl, incoming Majority Whip Joel Fry, and Assistant Majority Leaders Zach Nunn, Jarad Klein, and Walt Rogers did. Iowa Senate Minority Leader Bill Dix did not sign the letter, but Minority Whip Jack Whitver and Assistant Minority Leaders Rick Bertrand, Randy Fenestra, Charles Schneider, and David Johnson did.

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Branstad vetoes will stand: not enough support for Iowa legislative special session

Governor Terry Branstad’s vetoes of education and mental health funding will stand, as the two-thirds majority needed to call a special legislative session has failed to materialize in either the Iowa House or Senate.

A special session always looked like a long-shot, given that Iowa House Republican leaders didn’t want to spend extra money on education and only reluctantly agreed to extend funding for mental health institutions. In addition, 23 of the 24 Iowa Senate Republicans voted against the supplemental spending bill. They had no stake in the compromise the governor blew apart.

Still, the outcry over school funding (including dozens of normally non-political superintendents speaking out) created an opening for Republican lawmakers. Even if they didn’t believe in the substantive value of additional education or mental health funding, they could have taken a big issue off the table for next year’s statehouse elections. So far, very few Republicans seem worried about the political fallout from not overriding Branstad’s vetoes. Democrats appear ready to remind voters at every opportunity who created the holes local education leaders are scrambling to fill.  

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Iowa Senate, House approve gas tax increase

A bill that would raise Iowa’s gasoline tax by 10 cents a gallon is on its way to Governor Terry Branstad’s desk after approval today by both chambers in the Iowa legislature. The Iowa Senate passed Senate File 257 this morning by 28 votes to 21. Sixteen Democrats and twelve Republicans voted for the bill, while ten Democrats and eleven Republicans opposed it. Senate Majority Leader Mike Gronstal had reportedly insisted on at least half the GOP caucus supporting a gas tax increase as a condition for bringing the bill to the floor.

A few hours later, the Iowa House took up the Senate bill (rather than the bill that cleared two House committees last week). Thirty Republicans and 23 Democrats voted yes, while 26 Republicans and 20 Democrats voted no.

Only two state legislators missed today’s votes: Republican State Senator Mark Chelgren and Republican State Representative Chip Baltimore. Baltimore voted against the House version of this bill in committee last week, while Chelgren doesn’t serve on the committees that approved the bill in the Senate. Chelgren appears to have been absent for all of today’s votes, while Baltimore was at the Capitol but left the chamber when the gas tax bill came up. Speaking to reporters later, he tried to make a virtue out of his absence: “I refuse to legitimize either the bill or the process with a vote.” Weak sauce from a guy who is widely expected to seek higher office someday.

Conservative groups are urging Branstad to veto Senate File 257, but that seems unlikely, given the governor’s recent comments on road funding. Branstad’s spokesman said today that the governor will carefully review the final bill before deciding whether to sign it.  

After the jump I’ve enclosed the roll call votes in both chambers, as well as Senate Transportation Committee Chair Tod Bowman’s opening remarks this morning, which summarize key points in Senate File 257.

Final note: several of the “no” votes came from lawmakers who may face competitive re-election campaigns in 2016. Those include Democrats Chris Brase (Senate district 46), Steve Sodders (Senate district 36), and Mary Jo Wilhelm (Senate district 26), and Republicans Dennis Guth (Senate district 4) and Amy Sinclair (Senate district 14).

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Fewer Iowa Senate Republicans eager to ban same-sex marriage

Ever since I saw how few Iowa House Republicans are still co-sponsoring a state constitutional amendment on marriage, I’ve been watching and waiting for Republicans in the state Senate to introduce their version of the same legislation. Any effort to overturn marriage equality will be a dead letter in the Iowa Senate as long as Democrats maintain their majority. Nevertheless, I was curious to see how many (or few) Republican senators are still willing to stand up and be counted on this issue.

Late last week, State Senator Dennis Guth, one of the leading social conservatives in the chamber, finally introduced Senate Joint Resolution 6, “specifying marriage between one man and one woman as the only legal union that is valid or recognized in the state.” Just eleven of the 24 Republicans are co-sponsoring this amendment. That’s a significant drop from two years ago, when three-quarters of the Iowa Senate GOP caucus co-sponsored the marriage amendment.

Looking more closely at who is and is not “loud and proud” about taking rights away from LGBT couples, some patterns emerge.

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Iowa legislative state of play on raising the gas tax

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

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

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

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

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IA-01 Democratic candidate news roundup

Another Democrat is moving closer to a Congressional bid in Iowa’s first district. The Daily Iowan reported several days ago that Ravi Patel “is assembling campaign operatives and meeting with influential donors in Eastern Iowa in preparation for the run.” He is best known as principal and president of Hawkeye Hotels, a fast-growing company his parents established. Pat Rynard wrote on the Iowa Starting Line blog that Patel “has built connections from holding many fundraisers for Democratic candidates” and is “an entrepreneur involved in many startup businesses.”

If he runs for Congress, Patel told the Daily Iowan that his campaign “would be data-driven and heavy on social media.” His biggest potential weakness would probably be his youth (current age: 29). Iowans have nominated some young candidates who faced competitive primaries against more experienced rivals, most recently Ben Lange, the GOP’s 2012 nominee in IA-01. But despite a lot of excitement on social media, State Representative Anesa Kajtazovic didn’t make much headway with IA-01 Democratic voters, finishing fourth in the 2014 primary. Anecdotally, many Democrats liked Kajtazovic but questioned whether she had enough experience for the job she was seeking. Patel would also be competing against others who have more longstanding ties to the district. Although he owns a home in Cedar Rapids now, he has spent most of his life in either Burlington or Iowa City, which are located in the second Congressional district.

The front-runner in the Democratic primary remains Cedar Rapids City Council member Monica Vernon, who last week added her first labor union endorsement to the long list of sate legislators backing her second bid for Congress. After the jump I’ve posted the press release announcing the Teamsters Local 238 endorsement of Vernon. That local did not endorse in the 2014 primary to represent IA-01, but two other Teamsters locals backed the eventual winner Pat Murphy. Note: the press release mentions that Teamsters Local 238 has approximately 6,000 members. A representative for the union told me that between 2,000 and 2,500 of those members live in the IA-01 counties.

Other Democrats considering a bid in IA-01 include former Governor Chet Culver, former State Senator Swati Dandekar (who placed third in the 2014 primary), and former Saturday Night Live actor Gary Kroeger. His most recent blog post, which I’ve excerpted below, takes a quick look at the history of America’s major political parties with a view to reducing the “vitriol in our disagreements.” Kroeger posted today on Facebook that if elected to Congress, he would push for creating a national jobs program inspired by a non-profit foundation he profiled at his blog a couple of years ago.

Any comments about the IA-01 race are welcome in this thread. Republican blogger Craig Robinson pointed out recently that GOP incumbent Rod Blum will benefit tremendously from having U.S. Senator Chuck Grassley on the ballot in 2016.

It’s also worth noting that at least three and perhaps as many as six battleground Iowa Senate races will be located within IA-01 next year. State Senator Jeff Danielson will seek a fourth term in Senate district 30, covering parts of Waterloo and Cedar Falls; he faced well-funded challengers in his last two re-election campaigns. State Senator Mary Jo Wilhelm won by just 126 votes in Senate district 26 in 2012. I expect the GOP to target that district, half of which is in IA-01 and half in IA-04. Republicans are less likely to mount a serious challenge against either State Senator Liz Mathis in Senate district 34 or State Senator Brian Schoenjahn in Senate district 32, but a surprise retirement would instantly make either of those races competitive. Meanwhile, Democrats are likely to target Senate district 28, where GOP State Senator Mike Breitbach won by only 17 votes in 2012. First-term Senator Dan Zumbach could also face a serious challenger in Senate district 48. After the jump I’ve posted a map showing all the Iowa Senate district lines. UPDATE: Perhaps I should also have mentioned Democratic State Senator Steve Sodders (SD-36) and Republican Tim Kapucian (SD-38), who will be up for re-election in 2016 as well in counties that are part of IA-01. I haven’t heard of potentially strong challengers in either Iowa Senate district, but that could change before next spring.

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Who's who in the Iowa Senate for 2015

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

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

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

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

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

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

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Another baby step toward making medical cannabis available in Iowa

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.

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

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

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

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

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

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

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

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Iowa Senate approves cannabis oil bill

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.

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Bipartisan group pushing Iowa legislative study of medical marijuana

What a difference a month makes. Four weeks ago, State Senator Joe Bolkcom declared his bill to legalize the medical use of cannabis dead on the same day he introduced it. Now five Republican senators have joined Bolkcom and four other Iowa Senate Democrats seeking to advance the conversation about medical marijuana before next year’s legislative session.

Click here to read the full text of Senate Resolution 112, which requests the creation of an interim study committee “to make recommendations on the feasibility of establishing a medical cannabis program in this state allowing qualifying resident patients to purchase and possess cannabis for medical purposes, and to file a final report including recommendations with the general assembly by December 30, 2014.” If the Senate approves the resolution, the Iowa Legislative Council led by House Speaker Kraig Paulsen and Senate Majority Leader Mike Gronstal will likely approve a study committee to evaluate medical marijuana later this year.

Depending on the study committee’s conclusions, a medical marijuana bill might garner more bipartisan support during the 2015 legislative session. Kudos to Democrats Bolkcom, Matt McCoy, Bill Dotzler, Jack Hatch, and Tom Courtney, and Republicans Ken Rozenboom, Mike Breitbach, Brad Zaun, Amy Sinclair, and Charles Schneider for supporting this resolution. It’s worth noting that all five Republican co-sponsors were elected to the Iowa Senate in 2012 and therefore will not face re-election again until 2016. Consequently, all five will be serving in the Iowa Senate next year, regardless of which party controls the chamber after the 2014 elections.

Democratic gubernatorial candidate Hatch has long been on record supporting medical marijuana in Iowa. Earlier this month, Governor Terry Branstad warned of “unintended consequences” and said much more study of the issue is needed.

UPDATE: I should have mentioned that while Zaun isn’t up for re-election to the state Senate this year, he is one of six GOP candidates running in Iowa’s third Congressional district. I wonder whether any of his rivals in IA-03 will criticize this stance.

Last-minute Iowa legislative scramble is nothing to brag about

The Iowa Senate wrapped up its work for the year shortly after midnight on May 23, and Iowa House members adjourned about 11 hours later. Lawmakers in both parties have been congratulating themselves for compromising on some big issues that ended in stalemate the previous two years. Rod Boshart compiled an excellent list of what the legislature did and didn’t approve during 2013.

We all can appreciate the desire to finish a big project before a holiday weekend, and since legislators stopped receiving per diem payments weeks ago, they understandably wanted to get out of town as quickly as possible. However, I found it disturbing that votes were held before most lawmakers, let alone members of the public, had time to digest final conference committee deals on education reform, an alternative to Medicaid expansion, property taxes, and the health and human services budget. Transparency isn’t just a buzzword. Had journalists and advocacy groups been able to look over the last-minute compromises, people might have discovered problematic language or even simple drafting errors, which could produce unintended consequences after Governor Terry Branstad signs these bills into law.

I have a lot of questions about the final education reform bill and the plan to provide health insurance to low-income Iowans, particularly those earning between 101 percent and 138 percent of the poverty level. I also need more time to sort through the budget numbers and final changes to the standings bill. After the holiday weekend Bleeding Heartland will examine the important results of the legislative session in more detail. For now, I’ve posted after the jump details on who voted for and against the major bills approved this week.

UPDATE: In the May 24 edition of the On Iowa Politics podcast, statehouse reporters Mike Wiser and James Lynch discussed how the big issues came together “behind closed doors,” with no public scrutiny or oversight. Lynch commented that to his knowledge, the conference committee named to resolve the impasse over Medicaid expansion never formally met, except perhaps for one organizational meeting. Lynch recounted one occasion when Iowa House Republican Dave Heaton was briefing journalists about the health care talks, and the journalists asked when that happened, since there hadn’t been any public notices of conference committee meetings. According to Lynch, Heaton replied, “We’re not having meetings, but we’re meeting.” Senate President Pam Jochum said that negotiations between Democratic State Senator Amanda Ragan and House Majority Leader Linda Upmeyer produced the “key to Iowa’s health care compromise.” Notably, Upmeyer didn’t have a prominent role in passing the House health insurance plan, nor was she named to the conference committee assigned to merge the House and Senate proposals.

Speaking to journalists on May 22, Senate Majority Leader Mike Gronstal and Jochum weren’t able to answer a specific question about compromise wording reached regarding Medicaid coverage of abortions. That was no minor issue–it was the last sticking point holding up approval of the health and human services budget. In effect, Gronstal told journalists, you can see the wording after the final bill is published.

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Another Iowa legislative victory for Big Ag

Factory farm advocates failed in 2009 to circumvent the Iowa DNR’s rulemaking on applying manure over frozen and snow-covered ground. Then they failed in 2010 to win passage of a bill designed to weaken Iowa’s newly-adopted regulations on manure storage and application.

But this year, the Iowa Pork Producers Association succeeded in convincing state lawmakers to relax requirements for CAFO operators to be able to store their own manure properly. All they had to do was dress up their effort as an attempt to help families with aspiring young farmers.

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Iowa Senate approves Medicaid expansion along party lines

Last night the Iowa Senate approved Senate File 296, a bill to expand Medicaid, on a strictly party-line vote of 26 to 23. You can listen to the entire Senate debate (approximately 90 minutes) at Radio Iowa. I’ve posted highlights from the debate after the jump, along with the full list of 52 organizations that have registered their support for Senate File 296. Some corporations and organizations have have registered their lobbyists as undecided on Senate File 296, but at this writing, not a single organization is registered against the Medicaid expansion.

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Who's who in the Iowa Senate for 2013

The Iowa legislature’s 2013 session opened today. After the jump I’ve posted details on the Iowa Senate majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Senate committees. Where relevant, I’ve noted changes since last year. Click here for a similar post on the new Iowa House.

Democrats hold a 26 to 24 majority in the upper chamber. The huge experience gap between the Iowa Senate caucuses is striking. Only seven of the 24 Republicans have served as lawmakers in either the House or Senate for more than four years, whereas 19 of the 26 Democrats have more than four years of legislative service. Click here for details on the tenure of all 50 Iowa senators.

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Recounts finished in Iowa House and Senate races

Democratic candidate Susan Judkins halted the recount and conceded defeat in Iowa House district 43 today: “Questions about whether all absentee ballots were counted have been satisfactorily answered and I believe my narrow loss would likely stand even if all ballots were considered.” After the official canvass, Republican incumbent Chris Hagenow led by 22 votes out of nearly 17,500 cast.

A recount of the open-seat race in Iowa House district 63 concluded yesterday. Republican Sandy Salmon defeated Democrat Bill Heckroth by a little more than 100 votes out of nearly 16,500 cast.

And in a final disappointment for Iowa Democrats, Republican Mike Breitbach held onto a narrow lead over John Beard after a recount in the open Senate district 28. I’ve heard conflicting reports about the final margin, which is probably either 17 or 22 votes out of nearly 30,000 cast.

Both parties have won some close statehouse races in Iowa over the years, but this year Democrats lost most of the heartbreakers.

Republicans have a 53 to 46 Iowa House majority, with a special election in House district 52 coming up soon. Democrats have a 26 to 23 Iowa Senate majority, with a special election in Senate district 22 set for December 11.

Huge experience gap between Iowa Senate Democrats and Republicans

Democrats will hold a slim majority in the next Iowa Senate: most likely 26-24 or 27-23, depending on the outcome of one recount and one special election in December. But the experience gap between the two parties’ caucuses is wider than I’ve ever seen, and perhaps unprecedented.

Only five Republicans who will serve in the next Iowa Senate have more than four years experience in the legislature’s upper chamber. Most of the old hands aren’t on the GOP leadership team. By comparison, eighteen Senate Democrats have held that office for more than four years. Thirteen of those have served in the upper chamber for at least a decade.

Many newcomers to the Iowa Senate have helped oversee public-sector budgets and programs as county supervisors, mayors, or members of city councils and school boards. Nevertheless, new legislators have a steep learning curve because state government is more complex than local government, and Iowa House and Senate members consider a wider range of issues during a typical legislative session. Whereas eleven Senate Democrats previously served in the Iowa House, only three sitting Republicans came to the Senate with that background. If the GOP had gained control of the upper chamber in this year’s elections, they would have been forced to put quite a few rookies in charge of standing committees.

After the jump I’ve posted details on the tenure of all incoming Iowa Senate members, indicating members of each party’s leadership team and past service in the Iowa House.

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Democratic and Republican party spending in the Iowa Senate races

Candidates for the Iowa legislature were required to submit campaign finance disclosure reports on October 19 and November 2. The Schedule E forms on “In-Kind Contributions” contained the most interesting numbers, because they showed how Democratic and Republican party leaders are allocating resources across the battleground districts.

After the jump I’ve enclosed in-kind contribution figures for the Senate districts expected to be in play tomorrow. Candidates running in other Senate races did not report large in-kind contributions from their respective parties.

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Vander Plaats group on radio in two races, conspicuously absent in one

Three-time candidate for Iowa governor Bob Vander Plaats has made news this fall primarily on the “No Wiggins” campaign trail. However, the social conservative group he runs is supporting some Republican Iowa Senate candidates as well.

Last week the FAMiLY Leader launched radio advertising campaigns in two competitive Senate races–but notably, not in the district where Vander Plaats’ longtime right-hand man Matt Reisetter is running.  

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