The ACLU of Iowa and Planned Parenthood North Central States announced on August 5 that they will not pursue litigation challenging Iowa’s mandatory 24-hour waiting period before all abortions. The Iowa Supreme Court allowed that 2020 law to go into effect in June, when a 5-2 majority reversed the court’s abortion rights precedent and sent Planned Parenthood’s case back to District Court.

In a written statement, ACLU of Iowa legal director Rita Bettis Austen described the decision to dismiss the case as “extremely difficult.”

But the move was wise in light of Iowa’s current legal landscape. Dropping this challenge could push back by years any ruling by the conservative-dominated Iowa Supreme Court to establish a new legal standard for reviewing abortion restrictions. That could strengthen the position of Planned Parenthood and the ACLU as they fight grave threats to Iowans’ bodily autonomy.

The Iowa Ethics and Campaign Disclosure Board may soon clarify whether state laws on attribution statements apply to some kinds of political text messages, the board’s executive director Zach Goodrich told Bleeding Heartland.

Goodrich plans to draft an advisory opinion that would confirm when text messages are “electronic general public political advertising” subject to Iowa’s law requiring disclosure of who is responsible for express campaign advocacy.

In a huge victory for bodily autonomy, Kansas voters on August 2 overwhelmingly rejected a proposed constitutional amendment that would have cleared a path for Republican lawmakers to ban abortion. With about 95 percent of votes counted, the “no” vote (against removing abortion protections from the Kansas constitution) led the “yes” vote by 58.8 percent to 41.2 percent.

Iowa Democrats and Republicans should pay attention to the results.

Seventeen academics, farmland owners, and environmental advocates have urged the Iowa Utilities Board to reject permit applications for a carbon dioxide pipeline that would run across Iowa. A July 29 letter to the board laid out four science-based objections to the projects proposed by Summit Carbon Solutions, Navigator CO2 Ventures, and Archer Daniels Midland partnered with Wolf Carbon Solutions.

Matt Liebman, Iowa State University professor emeritus of agronomy, took the lead in writing the document. Citing “relevant scientific and engineering studies,” the letter explained how the pipelines would damage soil and crop yields without significantly reducing greenhouse gas emissions. Allowing the use of eminent domain for this project would be “a betrayal of public trust and a corruption of the ideal of private sacrifice for public good,” the letter argued.

Those who wrote to the Iowa Utilities Board include six retired professors from Iowa colleges or universities and several Iowans with professional conservation experience at the federal or county level. I also signed, having been an environmental advocate for the past 20 years. I did not draft the letter or make editorial changes to it.

For a second straight year, Governor Kim Reynolds has reappointed Erik Helland to Iowa’s Public Employment Relations Board (PERB) after Helland failed to win Iowa Senate confirmation. In an apparent effort to circumvent the legally required confirmation process, Reynolds appointed Helland to a different position on the three-member board, which adjudicates labor disputes within state and local government or school districts.

She used the same maneuver last summer to name Helland as PERB chair after the Iowa Senate did not confirm him during the 2021 legislative session.

The governor has not filled the now-vacant position of PERB chair, saying in a recent letter to the top Iowa Senate staffer that her administration “has initiated, but has not yet completed, the selection process.” That leaves the board with no quorum; Reynolds has kept one position unfilled since August 2020.

The long-running vacancy allows the governor’s preferred nominees to remain on the board, even if they don’t receive a two-thirds confirmation vote in the state Senate. Asked for comment on Helland’s reappointment, the Democratic senators who reviewed the PERB nominees accused the governor of “a partisan power grab” and “rigging the appointment process so she can get her way.”

Reynolds’ spokesperson Alex Murphy did not respond to eight inquiries about the PERB appointments between late May and July 28.

U.S. Senator Joni Ernst has blocked a Democratic bill that would provide a federal guarantee of contraception rights.

Democrats sought to pass the bill, which cleared the U.S. House mostly along party lines, via unanimous consent during Senate floor debate on July 27.

Ernst rose to object and advocated for a measure that would speed up an over-the-counter designation for oral contraception pills. The bill is a companion to a bill that U.S. Representative Ashley Hinson introduced in the House last week. Representative Mariannette Miller-Meeks and Senator Chuck Grassley are co-sponsoring the measure.

John Morrissey, a freelance writer in Des Moines, follows up on his coverage of a fatal accident last year.

More than nine months after the crash that killed on-duty Iowa State Trooper Ted Benda, the Iowa Department of Public Safety has nothing more to say about the cause of his death, or its implications. The department’s technical investigation is classified as confidential.

The initial public incident report seems to attribute the accident to the trooper’s driving behavior. That was likely a contributing factor, but was it the sole cause?

The five-month technical investigation into this crash may or may not have considered a poor headlight rating, or higher than average driver death rates for the vehicle involved, as contributing factors. It’s unclear because the technical investigation report will remain secret unless it is sought as part of several exceptions to state law, none of which allow public review.

In response to Bleeding Heartland’s inquiries, the department offered no explanation of steps it might have taken since Benda’s death to reduce future risks, such as testing the headlight aim of its Dodge Chargers, or reviewing the crash statistics for its workhorse patrol vehicle, or even providing a “don’t veer for deer” reminder to troopers.

All three U.S. House Republicans from Iowa voted this week against a bill that would provide a federal guarantee of access to contraception.

But if Iowans encounter any mainstream news coverage of the issue, they may come away with the mistaken impression that GOP Representatives Ashley Hinson and Mariannette Miller-Meeks took a stand for contraception access.

The episode illustrates an ongoing problem in the Iowa media landscape: members of Congress have great influence over how their work is covered.

UPDATE: The Iowa Public Information Board voted on August 18 not to proceed with these draft rules. They may look at open records rules again in the future but did not schedule a date for beginning the process. Original post follows.

The Iowa Public Information Board will not move forward with proposed administrative rules regarding open records requests, the board’s executive director Margaret Johnson told members of the Iowa legislature’s Administrative Rules Review Committee on July 19. Instead, the board’s rules committee will consider feedback next month and put the matter on the agenda for the full board’s September meeting.

Board members have not yet determined whether to let the proposed rule die by taking no action, or whether to post a formal notice of termination. Nor have they decided whether to draft a new version of open records rules after scrapping their first effort.

Johnson said the board had heard from eight speakers at a public hearing on July 11 and received nineteen written comments on the draft rule. (Board staff provided copies of those comments to Bleeding Heartland.)

When summarizing for state lawmakers the criticism the information board received, Johnson did not mention transparency advocates’ concerns about language that would create new excuses for officials wanting to delay providing records. Rather, she highlighted three objections offered by those representing government bodies.

Three of Iowa’s four U.S. House members were part of the bipartisan majority that voted to guarantee same-sex marriage rights across the country.

Every House Democrat, including Iowa’s Representative Cindy Axne (IA-03), voted for the Respect for Marriage Act, which passed on July 19 by 267 votes to 157 (roll call). So did 47 Republicans, including Representatives Ashley Hinson (IA-01) and Mariannette Miller-Meeks (IA-02). Representative Randy Feenstra (IA-04) joined the majority of House Republicans in opposing the legislation.

The bill repeals the federal Defense of Marriage Act, enacted in 1996 to protect states from having to recognize same-sex marriages, and to define marriage in federal laws and regulations as between a husband and wife. The Respect for Marriage Act also prohibits states from refusing to recognize any marriage due to the “sex, race, ethnicity, or national origin” of the individuals involved.

House leaders brought the bill to the floor in response to U.S. Supreme Court Justice Clarence Thomas, who wrote in a concurring opinion to the Dobbs case that having overturned Roe v. Wade, the court should reverse other precedents. Among other cases, Thomas mentioned the 1965 Griswold opinion establishing a right to contraception and the 2015 Obergefell ruling on marriage equality. Like the Roe and Griswold decisions, the Obergefell majority relied on a legal analysis that recognizes some liberty interests (like privacy and the right to marry), even though the Constitution does not specifically mention those rights.

Top Iowa Republicans crowed this month when the state’s official figures showed the GOP had expanded its voter registration lead over Democrats. At this point in the 2018 election cycle, registered Republicans outnumbered Democrats in Iowa by around 24,000. The current disparity is more than three times as large. According to the latest numbers released by the Secretary of State’s office, Iowa has 681,871 active registered Republicans, 597,120 Democrats, and 555,988 no-party voters.

The voter registration totals should concern Democrats, but two other trends facing the party’s candidates in this midterm election should worry them more.

Dan Guild is a lawyer and project manager who lives in New Hampshire. In addition to writing for Bleeding Heartland, he has written for CNN and Sabato’s Crystal Ball. He also contributed to the Washington Post’s 2020 primary simulations. Follow him on Twitter @dcg1114.

Asking if Senator Chuck Grassley could lose seems absurd. He has received more than 60 percent of the vote every time he has been up for re-election, beginning in 1986. He represents the opposition party at a time when President Joe Biden’s approval rating is below 40 percent.

The Des Moines Register has not released Biden’s approval numbers for their latest Iowa Poll by Selzer & Co, but in March they found Biden’s approval in Iowa was 35 percent, with 59 percent of respondents disapproving. Given the national trends, it is unlikely that the president’s numbers have improved in Iowa since then. Moreover, Republicans have made big gains in Iowa since President Barack Obama carried the state in 2012.

Longtime advocates for access to public records in Iowa expressed concern this week about new administrative rules proposed by the Iowa Public Information Board.

The draft rules would spell out requirements for acknowledging and responding “promptly” to public records requests, but would also create a new excuse for government bodies that fail to provide timely access to records. Nothing in Iowa’s open records statute, known as Chapter 22, authorizes the board’s proposed language on “unforeseen circumstances,” nor is that concept consistent with Iowa Supreme Court precedent.

If you listen to leading national forecasters, U.S. Senator Chuck Grassley and Governor Kim Reynolds are in no danger of losing this November. Inside Elections, the Cook Political Report, and Sabato’s Crystal Ball all put Iowa’s elections for Senate and governor in the “solid” or “safe” Republican category.

But last week, Mike Franken’s Senate campaign released partial results from an internal poll showing the Democrat within striking distance of Grassley. And the only poll of the governor’s race released this year showed Reynolds ahead of Democrat Deidre DeJear by just 8 points.

In past election cycles, media organizations commissioned more frequent political surveys. For instance, Survey USA tracked approval ratings for Iowa’s senators and governor on a monthly basis during the 2000s.

Unfortunately, polling has been another casualty of newsroom budget cuts. While campaign coverage should not focus excessively on the horse race, occasional independent snapshots of public opinion are important. Otherwise conventional wisdom can lead to genuinely competitive races being overlooked.

The Iowa Supreme Court has rejected Governor Kim Reynolds’ request that it quickly green-light any and all abortion restrictions the state might enact.

The action means that it could be years before the high court determines whether the state constitution guarantees any level of bodily autonomy for pregnant Iowans.

Dan Guild: Seven of eight nationwide polls taken since the Dobbs opinion was released showed higher support for Democrats since the prior survey from the same pollster.

I hope to write more about generic ballot polling in detail, but for now I want to write about the U.S. Supreme Court overturning Roe v. Wade and the 2022 election. To date, eight nationwide polls have been completed since the court released the Dobbs opinion on June 24.

When analyzing how an event affected public opinion, it is important to compare surveys from the same pollster over time. This table summarizes each and highlights the change.

New restrictions on absentee voting prevented hundreds of Iowans from having their ballots counted in the June 7 primary election, Bleeding Heartland’s review of data from county auditors shows.

About 150 ballots that would have been valid under previous Iowa law were not counted due to a bill Republican legislators and Governor Kim Reynolds enacted in 2021, which required all absentee ballots to arrive at county auditors’ offices by 8:00 pm on election day. The majority of Iowans whose ballots arrived too late (despite being mailed before the election) were trying to vote in the Republican primary.

Hundreds more Iowans would have been able to vote by mail prior to the 2021 changes, but missed the new deadline for submitting an absentee ballot request form. More than half of them did not manage to cast a ballot another way in the June 7 election.

The new deadlines will trip up many more Iowans for the November election, when turnout will likely be about three times the level seen in this year’s primary, and more “snowbirds” attempt to vote by mail in Iowa from other states.

In the immediate aftermath of the January 6, 2021 coup attempt, Governor Kim Reynolds condemned the attack on the U.S. Capitol and called for prosecuting those who incited violence “to the full extent.”

But as a U.S. House Select Committee uncovers more evidence of former President Donald Trump’s apparent criminal conspiracy to subvert the peaceful transfer of power, Reynolds is “not paying any attention” to the investigation, she told reporters this week.

The worst-case scenario for bodily autonomy in Iowa played out over the past ten days. First, the Iowa Supreme Court on June 17 overturned its own 2018 precedent that established a fundamental right to abortion, protected by the state constitution. Then, the U.S. Supreme Court on June 24 overturned the 1973 Roe v Wade decision that established a federal constitutional right to an abortion, and the related Casey decision of 1992.

Top Iowa Republicans immediately promised further action to restrict abortion, which is now legal in Iowa up to 20 weeks of pregnancy. It’s not yet clear when they will try to pass a new law, which exceptions (if any) may be on the table, or whether a ban modeled on other state laws could survive an Iowa court challenge.

Senator Chuck Grassley has not been following the work of the House Select Committee investigating the events of January 6, 2021, he told Dr. Bob Leonard of KNIA-KRLS Radio this week.

He should have watched the televised hearings on June 23. The focus was how President Donald Trump tried to use the U.S. Department of Justice to help him subvert the peaceful transfer of power after the 2020 election. The key elements of that conspiracy have been known since the Senate Judiciary Committee investigated that angle last year. But witnesses and exhibits provided many new details.

The testimony from former administration officials and Trump attorneys obliterated the alternate reality Grassley promoted last year, in which the president “did not exert improper influence on the Justice Department.”

U.S. Senator Joni Ernst was among fifteen Republicans who joined the entire Democratic caucus on June 23 to advance a package designed to reduce gun violence.

Senator Chuck Grassley and 33 other GOP senators opposed the cloture motion to end debate (roll call), which under Senate rules needed 60 votes to pass.

Neither Ernst nor Grassley has released a statement on today’s vote or mentioned it on their social media feeds.

The bill includes:

The State Judicial Nominating Commission will interview an unusually small number of applicants for the Iowa Supreme Court vacancy to be created when Justice Brent Appel reaches the mandatory retirement age next month.

Only five people—three judges and two attorneys in private practice—applied for the position, the Iowa Judicial Branch announced on June 20. The commission will interview Third Judicial District Chief Judge Patrick Tott, Ames attorney Timothy Gartin, Des Moines attorney William Miller, District Court Judge Alan Heavens, and Iowa Court of Appeals Judge David May on June 27. The commissioners will send three names to Governor Kim Reynolds, who will have 30 days to appoint the next justice from that short list.

Five Iowa Supreme Court justices allowed a 24-hour waiting period for all abortions to go into effect and opened the door to more sweeping restrictions on June 17, when justices overturned the court’s 2018 precedent that had found the Iowa Constitution protects a fundamental right to seek an abortion.

The outcome is precisely what Republican legislators were seeking two years ago, when (buoyed by unusually rapid turnover on Iowa’s highest court) they passed a law nearly identical to the one struck down in the 2018 case.

Two dissenting justices warned that the latest decision injects “instability” and “confusion” into Iowa’s legal landscape, because the court’s majority did not establish a new standard for evaluating the constitutionality of abortion restrictions. Two justices signaled they would allow almost any limits on the procedure. Three justices indicated they might be open to a similar approach, or might strike a different balance that recognizes some bodily autonomy for Iowans wanting to terminate a pregnancy.

In the words of Justice Brent Appel, the majority set forth “a jurisprudence of doubt about a liberty interest of the highest possible importance to every Iowa woman of reproductive age.”

The ruling may also undermine public confidence that Iowa Supreme Court rulings are grounded in legal analysis, rather than politics.

C.J. Petersen chairs the Iowa Democratic Party’s Stonewall Caucus. This column first appeared in the Carroll Times Herald.

Politics ain’t beanbag. If Deidre DeJear is our prize fighter, then Eric Van Lancker is her corner man. 

By selecting Van Lancker to serve as the lieutenant governor nominee, DeJear acknowledged the tough fight Democrats are in to reclaim Terrace Hill this November. 

Ryan Melton is the Democratic nominee in Iowa’s fourth Congressional district.

Here is the speech I delivered at the Iowa Democratic Party’s state convention on June 18. (You can listen to the audio here.)

“My brother posted a reflection on his life journey on Facebook yesterday, that was really compelling to me, so I wanted to focus on this today. He is 26, one of my best friends, and he’s trans.

Efforts by Donald Trump and his allies to pressure Vice President Mike Pence were the focus of televised hearings the House Select Committee investigating the insurrection held on June 16. Witness after witness testified about the illegal and unconstitutional plot to subvert the electoral college count on January 6, 2021.

Several documents laying out the plan to keep Trump in office foresaw a possible role for U.S. Senator Chuck Grassley, who (as the Senate president pro-tem) would have presided over Senate proceedings that day in Pence’s absence.

In a June 16 news release and social media posts, Democratic Senate nominee Mike Franken called on Grassley to “come clean” and answer four questions related to the January 6 events.

Grassley and his staff have repeatedly said the senator was not recruited to derail the electoral college count and was unaware of memos or PowerPoints mapping out the coup. When Bleeding Heartland asked about Franken’s questions on June 16, the senator’s campaign spokesperson bashed the Democrat for supposedly spreading a “conspiracy theory.”

The reality is that no one has done more than Grassley to make people wonder whether he was recruited to help Trump stay in power.

The Wapello County Republican Party is proceeding with a July raffle at which the winner will walk away with an AR-15 style rifle.

Tickets for a chance to win a Ruger AR-556 and 300 rounds of ammunition cost $10 apiece or three for $25, according to Facebook posts advertising the event. The drawing will take place on July 16 at a licensed firearms dealer in Ottumwa, the largest city in the southeastern Iowa county.

The Linn County Board of Supervisors voted on June 13 to “prohibit any efforts by service providers to change sexual orientation and/or gender identity of minors, including conversion and reparative therapy,” in unincorporated areas of the county.

“Conversion therapy” refers to efforts to change a person’s sexual orientation or gender identity and has been widely discredited as ineffective and traumatizing for youth. Associations representing medical professionals, counselors, and therapists have denounced the practice for many years.

Supervisor Stacey Walker led efforts to pass the ordinance, and Supervisor Ben Rogers (also a Democrat) provided the second vote in favor. When the board considered the third and final reading, Walker said the policy “will save lives” and described it as “a moral imperative for all policymakers who take seriously their job of protecting the health and welfare of the people.”

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.

Ten Democratic and ten Republican U.S. senators have agreed to a framework for bipartisan legislation on gun violence, they announced in a June 12 news release.

Iowa’s Senators Chuck Grassley and Joni Ernst are not part of the negotiating group.

Democrats living in Iowa’s ten most populous counties delivered more than two-thirds of the votes in the June 7 primary election, a larger share than in other recent primaries, according to Bleeding Heartland’s analysis of initial election results.

Hotly contested races for legislative or county offices pushed turnout particularly high in Iowa’s three largest Democratic vote-producing counties, relative to the state as a whole.

The share of the primary votes cast in Iowa’s mid-sized counties dipped slightly, compared to the previous three Democratic primaries, reflecting less competition for down-ballot offices in those communities.

Secretary of State Paul Pate often uses the #BeAVoter hashtag and has repeatedly claimed that he works to make it “easy to vote and hard to cheat” in Iowa.

Since the June 7 primary election, Pate has spun the numbers as if they reflected a trend toward greater participation. In reality, this year’s primary turnout was way down compared to 2020, when Pate genuinely tried to make it easier for Iowans to vote during a pandemic.

People of color and Iowans who identify as part of the LGBTQ community are on track to hold more seats in the state House and Senate next year, based on results from the June 7 primary elections.

The Democratic nominees include candidates who would add to the legislature’s diversity in other ways as well.

The establishment candidate should have focused more on the Iowa Republican primary for state auditor.

Unofficial returns from the June 7 election show Mary Ann Hanusa received 79,875 votes (48.8 percent) to 83,843 votes (51.2 percent) for Todd Halbur. The result shocked me, since Hanusa had the public backing of the governor, most of Iowa’s Congressional delegation, and many state legislators, whereas Halbur was virtually unknown when he filed nominating papers in March.

But Hanusa did little to reach Republicans who turned out in large numbers this week, due to the many competitive legislative primaries around the state.

Retired Admiral Mike Franken decisively won the Democratic primary for U.S. Senate on June 7, taking about 55 percent of the vote to 40 percent for former U.S. Representative Abby Finkenauer and just under 5 percent for Dr. Glenn Hurst.

The nominee will face Senator Chuck Grassley, who defeated GOP challenger Jim Carlin by 73.5 percent to 26.5 percent.

While Franken appeared to have momentum in recent weeks, Iowa politics watchers weren’t expecting this margin of victory in the Senate race. Several factors were working in the winner’s favor and against Finkenauer as the primary approached.

Former President Donald Trump announced on June 5 that four Iowa Republican incumbents who are up for re-election in 2022 have his “Complete and Total Endorsement!”

U.S. Representative Mariannette Miller-Meeks was missing from the list.

UPDATE: I’ve added unofficial results for each race.

Iowa Democrats have more competitive state legislative primaries in 2022 than in a typical election cycle. That’s partly because quite a few House and Senate members are retiring, and partly because the redistricting plan adopted in 2021 created some legislative districts with no incumbents.

In most of the races discussed below, the winner of the primary is very likely to prevail in November. However, a few of the districts could be targeted by one or both parties in the general election.

All data on past election performance in these districts comes from the Iowa House and Senate maps Josh Hughes created in Dave’s Redistricting App. Fundraising numbers are taken from the Iowa Ethics and Campaign Disclosure Board’s database.

This post is not an exhaustive account of all contested Democratic primaries for state legislative offices. You can find the full primary candidate list here.

Staff for U.S. Senator Chuck Grassley have again denied the senator was recruited to derail the electoral college count on January 6, 2021.

Politico was first to report on the memo released last week by the House Select Committee investigating the January 6 coup attempt. The December 13, 2020 email from Kenneth Chesebro to Rudy Giuliani shows Republicans plotting to keep Donald Trump in power wanted “Chuck Grassley or another senior Republican” to preside over counting the electoral college votes. The plan envisioned that the presiding official would refuse to count votes from Arizona, citing supposed “irregularities” and two slates of electors.

The vice president typically presides over the electoral college count in the Senate. But as Senate president pro tempore, Grassley would have been the default choice to lead the session if Vice President Mike Pence had been absent or recused himself.

Dominica Borg is perpetually enamored with the Midwest’s landscapes, people, and wind driven weather. Their interests are food, farming, conservation, small business, and equal rights.

Supporters of Fairfield’s second annual Pride Month gathered at City Hall an hour before the May 23 city council meeting. By the time Mayor Connie Boyer arrived, a large circle had formed. The mayor greeted the group and stepped in with a smile, confirming she had the proclamation and would read it.

Once City Hall was unlocked, the meeting room filled quickly. All available chairs were brought out until the room was at maximum capacity.

Carl Olsen is the founder of Iowans for Medical Marijuana.

If you have travel plans this summer, you might want to consider a route that avoids Iowa.  Last week, the Iowa Supreme Court denied protection for an out-of-state medical marijuana patient.

William Morris covered the ruling for the Des Moines Register, and Paul Brennan wrote about it at Little Village.

After reading the 4-3 majority opinion in State v. Middlekauff, I felt something seemed amiss.