Iowans will elect 25 state senators today. Those races have attracted far less attention than this year’s Iowa House races, because Republicans have a lopsided 32-18 majority in the upper chamber and only a 53-47 advantage in the House.

Nevertheless, it’s important to keep an eye on the Senate races, because this year’s outcome will influence Democratic prospects under the new map coming in 2021.

This overview covers five districts where both parties are spending six-figure amounts, seven districts where Republicans spent a significant amount, and four more districts where the results could shed light on political trends in various parts of the state, even though neither Democrats nor Republicans targeted the race.

Carl Olsen, the founder of Iowans for Medical Marijuana, brings us up to date on his efforts to reconcile state and federal drug laws. -promoted by Laura Belin

Retail sales of medical cannabis products began in Iowa on December 1, 2018, implementing Iowa House File 524, which lawmakers passed on the final day of the 2017 legislative session.

Iowans for Medical Marijuana submitted an application to the U.S. Drug Enforcement Administration in January 2019, seeking to exempt Iowa’s Medical Cannabis Program from federal drug laws. That application used the process in Title 21, Code of Federal Regulations, Chapter 1307, 21 C.F.R. §1307.03. I then began to lobby the state legislature and the Iowa Department of Public Health to support the application.

It took them long enough.

After federal courts blocked two laws designed to suppress unauthorized access to livestock production facilities, Iowa lawmakers approved and Governor Kim Reynolds signed a third attempt to keep animal rights activists from filming or photographing conditions inside farm buildings or slaughterhouses. This time, the legislature finally took the path state attorneys recommended way back in 2011: beef up the trespassing law as applied to agriculture, without reference to speech or expression.

The new law has a realistic chance to survive a court challenge.

The Iowa Senate convened for its 2020 session on January 13 with 32 Republicans and 18 Democrats. Eleven senators are women (six Democrats and five Republicans), up from six women in the chamber before the 2018 elections.

I enclose below details on the majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Iowa Senate committees. Where relevant, I’ve mentioned changes since last year’s legislative session. A few committees have new Republican leaders. On the Democratic side, Eric Giddens now represents the Senate district where Jeff Danielson resigned last year.

A few words about demographics: all current state senators are white. To my knowledge, the only African American ever to serve in the Iowa Senate was Tom Mann, elected to two terms during the 1980s. No Latino has ever served in the Iowa legislature; in 2014, Nathan Blake fell 18 votes short of becoming the first. No Asian American has served in the Iowa Senate since Swati Dandekar resigned in 2011.

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

I’ve always enjoyed writing about legislative happenings and campaigns, since my first year on the job as an analyst covering Russian domestic politics during a parliamentary election year.

While most political reporters were understandably assigned to follow the many presidential candidates visiting Iowa in 2019, I made it a priority to keep an eye on down-ballot races. The 2020 Iowa House and Senate elections may affect our daily lives more than whether Donald Trump or the Democratic nominee wins our state’s electoral votes. For one thing, breaking the GOP trifecta is the only way to guarantee that Iowa preserves nonpartisan redistricting for the coming decade.

I’m proud that Bleeding Heartland provided more in-depth coverage of potentially competitive state legislative races than any other Iowa news source this year. All of those stories are linked below.

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

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

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

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

On the first day of the Iowa legislature’s 2019 session, Secretary of State Paul Pate formally notified lawmakers that a “procedural oversight” by his office had wiped away progress toward adopting two constitutional amendments.

On the session’s final day, lawmakers took steps to ensure that neither Pate nor any future secretary of state can repeat the error.

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

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

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

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

I enclose below details on the majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Iowa Senate committees. Where relevant, I’ve mentioned changes since last year’s legislative session. Note that Democratic Senator Nate Boulton will serve on committees after all. Minority Leader Janet Petersen had declined to assign him to any committees last month.

A few words about demographics: all current state senators are white. To my knowledge, the only African American ever to serve in the Iowa Senate was Tom Mann, elected to two terms during the 1980s. No Latino has ever served in the Iowa legislature; in 2014, Nathan Blake fell 18 votes short of becoming the first. No Asian American has served in the Iowa Senate since Swati Dandekar resigned in 2011.

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

Three-term State Representative Todd Prichard became the new Iowa House minority leader today. Despite suffering a net loss of seats in the upper chamber, Senate Democrats opted last weekend not to change their leadership team.

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

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

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

The Iowa Senate confirmed Jerry Foxhoven as director of the Iowa Department of Human Services in an unusually close vote on March 21.

Most of Governor Kim Reynolds’ appointees have won unanimous confirmation, as has typically been the case in Iowa for many years. Foxhoven’s nomination was controversial because of how privatized Medicaid has been managed, along with several tragedies involving abused children. Senate Democrats asked to defer consideration on the DHS director last month “until we can fully assess his leadership.”

Matt Chapman reports on the lengthy Iowa Senate debate over a bill that is terrible on many levels. You can watch the proceedings on video here, beginning around 9:07:30. -promoted by desmoinesdem

Republicans approved Senate File 2311, the omnibus energy bill, on March 6 after yet another late-into-the-evening debate this session. I guess the logic is the later it gets, the worse the legislation seems to be.

Fifty-three years after a Democratic-controlled legislature and Democratic governor abolished the death penalty in Iowa, Republicans lack the support to bring back capital punishment, despite large majorities in both chambers.

Republican State Representative Steve Holt has described a bill seeking to ban “sanctuary cities” in Iowa as a “common-sense issue for a lot of people.” At an Iowa House Public Safety subcommittee meeting on January 30, Holt and fellow Republican Greg Heartsill voted to advance this poorly thought-out and possibly unconstitutional legislation, even though supporters couldn’t recruit a single person to speak in favor of it.

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).

No matter how closely you were following the horror show that was the Iowa legislature’s 2017 session, chances are you didn’t notice every Republican favor to moneyed interests at the expense of working people, especially public sector employees.

So it was that I learned just this week about a new law that could cost some Iowa educators part of their retirement savings.

State Senator Nate Boulton and Fred Hubbell have locked up more support among state lawmakers than the five other Democrats running for governor combined.

Whether legislative endorsements will matter in the 2018 gubernatorial race is an open question. The overwhelming majority of state lawmakers backed Mike Blouin before the 2006 gubernatorial primary, which Chet Culver won. Last year, former Lieutenant Governor Patty Judge won the nomination for U.S. Senate, even though about 60 current and 30 former Democratic lawmakers had endorsed State Senator Rob Hogg.

Nevertheless, prominent supporters can provide a clue to activists or journalists about which primary contenders are well-positioned. Where things stand:

Legislation to make sweeping changes to Iowa’s gun laws is headed back to the state House, after the Senate approved an amended version of House File 517 on Tuesday.

All 29 Senate Republicans voted for the bill, joined by Democrats Chaz Allen, Tod Bowman, Rich Taylor, and Wally Horn. The other sixteen Democratic senators and independent David Johnson voted against it. (Taylor and fellow Democrat Kevin Kinney had backed the bill in the Senate Judiciary Committee, but Kinney voted against final passage on the floor.)

Follow me after the jump for details on what changed and stayed the same in the omnibus gun bill, as well as highlights from the Senate debate.

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).

Polls just closed in Iowa. Considered a heavy favorite to win the electoral college, Hillary Clinton is in serious danger of losing the presidency. Results from swing states to the east suggest that Donald Trump is outperforming Mitt Romney in heavily white working-class and rural areas. That doesn’t bode well for our state, even if early vote numbers suggested Clinton might have a chance.

Most of the battleground state House and Senate districts are overwhelmingly white. Republicans have been able to outspend Democrats in almost all of the targeted races. We could be looking at a GOP trifecta in Iowa for the first time since 1998.

I’ll be updating this post regularly as Iowa results come in. The Secretary of State will post results here.

No surprise: the U.S. Senate race was called for Chuck Grassley immediately. He led all the late opinion polls by comfortable double-digit margins.

The rest of the updates are after the jump.

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.

Iowa is blessed with an unusually large number of competitive state legislative districts, thanks to our non-partisan redistricting process. Most election years, at least half a dozen Iowa Senate seats and twice as many House seats are in play. Campaign finance reports showing where candidates and party leaders are spending the most money provide the best clue on which legislative races are worth watching.

That said, most years at least one little-noticed candidate pulls off a big upset in an Iowa House or Senate district neither party was targeting. Now-disgraced Kent Sorenson won his first race in 2008, taking a House seat that had been considered safe for Democrats. Two years later, Kim Pearson got no help from GOP leaders en route to winning a House seat where the Democratic incumbent had been unopposed the previous election. Republican Mark Chelgren won an Ottumwa-based Senate district for the first time by ten votes. That seat had been considered so safe that the Democratic incumbent was knocking doors for a colleague in another district during the final weekend. I learned later that internal GOP polling had Chelgren almost 20 points down a couple of seeks before the election.

I can’t shake the feeling that in this strange campaign with two unpopular presidential nominees, something weird will happen in a down-ballot race no one is watching. So before I get back to Bleeding Heartland’s last few battleground Senate and House race profiles, a few words on why I feel a race in Iowa’s southeast corner could produce a shocking result.

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.

For six years running, the Democratic-controlled Iowa Senate has confirmed almost all of Republican Governor Terry Branstad’s nominees unanimously or nearly so. But every year, one or two Branstad nominees don’t get through. On Thursday Dr. Mariannette Miller-Meeks became the first (and probably the only) nominee to fail an Iowa Senate confirmation vote this year.

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.

The Des Moines Register’s Jason Noble snagged a surprising scoop yesterday: former Lieutenant Governor and Iowa Secretary of Agriculture Patty Judge is considering running for the U.S. Senate this year. Referring to Grassley’s approach to the U.S. Supreme Court vacancy, Judge told Noble,

“Iowans have always been straight shooters, and up until the recent time I would have said the same thing about Chuck,” Judge said. […]

“I don’t like this double-speak,” Judge said. “I don’t like this deliberate obstruction of the process. I think Chuck Grassley owes us better. He’s been with us a long time. Maybe he’s been with us too long.”

To qualify for the Democratic primary ballot, Judge would need to submit nominating papers with the Secretary of State’s Office by March 18, three weeks from today. That doesn’t leave much time to collect at least 2,104 signatures, including minimum amounts in at least ten Iowa counties. But Judge could pull together a campaign quickly, having won three statewide elections–for secretary of agriculture in 1998 and 2002 and on the ticket with Chet Culver in 2006.

Three other Democrats are seeking the nomination to run against Grassley: State Senator Rob Hogg, former State Senator Tom Fiegen, and former State Representative Bob Krause. Former State Representative Ray Zirkelbach launched a U.S. Senate campaign in November but ended his campaign last month, Zirkelbach confirmed by phone this morning.

Dozens of Democratic state lawmakers endorsed Hogg in January. I enclose the full list below. Any comments about the Senate race are welcome in this thread.

UPDATE: Rebecca Tuetken notes, “Patty Judge does meet one apparent Iowa requirement: she told @SenatorHarkin ’08 steak fry that she can castrate a calf.” Truly a classic moment for Judge, when Joni Ernst was still the little-known Montgomery County auditor.

This morning the Iowa Senate passed Senate File 2125, which would terminate contracts the state has signed with insurance companies picked to manage care for Iowans on Medicaid. Governor Terry Branstad announced his administration’s “modernization” plans early last year and selected four managed care providers in August, with a view to fully privatizing Medicaid by January 1, 2016. The state later terminated a contract with one of those four companies, and the federal government refused to grant the necessary waivers, saying Iowa would not be ready to shift to managed care until March 1 at the earliest.

Iowa Senate leaders made clear on day one of this year’s legislative session that Medicaid privatization would be a pressing concern. Senate President Pam Jochum has been sounding the alarm since last year, worried about how privatization would affect her developmentally disabled adult daughter and other Iowans with special needs. Jochum gave the opening and closing remarks in support of Senate File 2125 today. She repeatedly warned that the Branstad administration has tried to do too much, too fast, without input from state lawmakers or other stakeholders with expertise in the area. Fellow Democrats Chris Brase, Liz Mathis, Mary Jo Wilhelm, Rich Taylor, and Amanda Ragan echoed many of those concerns in their speeches.

During the floor debate, Republican State Senator David Johnson explained why he would vote for the bill. He read e-mails from numerous constituents expressing concern about access to health services for their loved ones on Medicaid. He pointed out that Minnesota took 20 years to transition to managed care, while Iowa is trying to implement the same changes over just one year. “It’s moving too fast. That’s the issue here. We need to put a dagger in this.”

Last week Johnson became the first GOP lawmaker to come out in favor of terminating the privatization program; I enclose below excerpts from Jason Clayworth’s report for the Des Moines Register. Johnson’s fears about “children at risk of losing services” stem from the failure of the managed care companies to sign contracts with thousands of providers who have been treating Iowans on Medicaid, including children on HAWK-I (Iowa’s version of the State Children’s Health Insurance Program). Scroll to the end of this post for more details on that access problem, based on data from the Iowa Department of Human Services.

Republicans who spoke against the bill today included Senators Jason Schultz and Mark Chelgren. Schultz claimed Democrats took “ownership” of managed care by putting assumptions about Medicaid savings into the health and human services budget for the current fiscal year. During her concluding remarks, Jochum pushed back hard against the idea that a vote for last year’s health and human services budget was a vote for managed care. Rarely do I ever agree with Schultz, but I think Senate Democrats walked into a trap there. The Branstad administration’s estimates on reduced Medicaid costs after privatization were never grounded in reality, but Democrats accepted those assumptions in the budget they passed–not because they supported the Branstad effort, but likely because doing so gave them an extra $51 million to spend on other health-related priorities.

Chelgren argued that lawmakers should keep their word after voting for a budget that assumed Medicaid would shift to managed care. He likened the situation to Congressional Republicans voting to repeal the 2010 Affordable Care Act without having a plan ready to replace “Obamacare.” The analogy fails because terminating Medicaid privatization that hasn’t been fully implemented would not be like repealing Obamacare after several years of operation. The status quo is an available and less disruptive alternative to serving the 560,000 Iowans on Medicaid. Chelgren claimed that halting Medicaid privatization and starting the process over would “betray” those who signed up as providers under the new system. That argument made no sense; public comments from Iowans on Medicaid and health care stakeholders have overwhelmingly opposed the Branstad policy.

During her concluding remarks, Jochum refuted claims that 39 other states have put Medicaid in managed care. In reality, only four states have fully privatized the system, as the governor is doing.

Shortly after the floor debate, senators voted 29 to 19 to approve SF 2125. Republicans Jake Chapman and Tom Shipley joined Johnson and all 26 Senate Democrats. Notably, those three Republicans all represent strongly GOP districts, not marginal seats.

The bill now goes to the Iowa House, where Speaker Linda Upmeyer has indicated she does not plan to bring the measure up for debate. For a nurse practitioner by training, Upmeyer is remarkably insensitive to ordinary people’s health care needs–not only those on Medicaid, but also chronically ill Iowans who could benefit from medical cannabis. A post in progress will catch up on the state of play for medical marijuana in the Iowa legislature.

UPDATE: Added more links and comments on the Medicaid debate below. According to Erin Murphy, Upmeyer confirmed today that the House will not take up SF 2125, because the governor would certainly veto it. Given how unpopular Medicaid privatization is, the public would likely support a legislative override of that veto. But at least five more Republican senators would have to change their stands to override a veto in the upper chamber. In the House, at least 24 GOP state representatives would need to support an override, assuming all 43 House Democrats voted in favor.

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).

Polk County District Court Judge Douglas Staskal has dismissed a lawsuit challenging Governor Terry Branstad’s authority to veto funding intended to keep two in-patient mental health facilities open. Twenty Democratic state lawmakers and the president of Iowa’s largest public-employee union filed the lawsuit in July, arguing that the governor’s line-item vetoes violated Iowa Code provisions requiring that the state “shall operate” mental health institutes in Mount Pleasant and Clarinda. But Judge Staskal found that “Existing statutes cannot limit the Governor’s item veto authority,” which “is of constitutional magnitude. The only limitations that have been placed on that authority have been derived from the language of the constitution itself. […] And, there is no language in the item veto provision which suggests a statutory limitation on the power it creates. It is elementary that, to the extent there is conflict between a constitutional provision and a statute, the constitution prevails.”

I enclose below longer excerpts from the court ruling, which can be read in full here. Mark Hedberg, the lead attorney representing the plaintiffs, told Bleeding Heartland they “are preparing an appeal” to the Iowa Supreme Court “and will ask that it be expedited.”

Polk County District Court Judge Douglas Staskal ruled yesterday that a lawsuit challenging Governor Terry Branstad’s line-item vetoes of mental health facility funding can move forward.

A group of Democratic state legislators and AFSCME, Iowa’s largest public employee union, filed the lawsuit in July. Last month, attorneys for the state filed a motion to dismiss the lawsuit or force the plaintiffs to “recast” (revise and resubmit) their court filing.

But in a thirteen-page ruling, Judge Staskal rejected the state’s arguments that “the plaintiffs lack standing, have failed to state a claim upon which relief could be granted and that the case presents a nonjusticiable political question.” He found that AFSCME Iowa Council 61 President Danny Homan has standing because he represents the interests of state workers who were laid off when the state government closed in-patient mental health facilities in Clarinda and Mount Pleasant. The judge also noted that state legislators “have standing to challenge the propriety of the Governor’s exercise of his veto authority.” Judge Staskal found plaintiffs had stated a claim: “a challenge to the Governor’s exercise of his line-item veto authority.” As for the political question, the ruling noted, “Whether to close Clarinda and Mount Pleasant is a policy matter for the other branches of government. Whether the Governor’s particular use of his line-item veto power is constitutional is a matter for the courts.”

Judge Staskal did find in favor of one argument advanced by state attorneys, releasing Iowa Department of Human Services Director Chuck Palmer as a co-defendant: “The Director [Palmer] plainly has no authority to veto legislation and there is no allegation that he did veto legislation. Therefore, there is no conceivable set of facts upon which relief could be granted on the claim that the Director exercised an improper veto.”    

The legislators who joined this lawsuit are State Senators Rich Taylor, Tom Courtney, Janet Petersen, Tony Bisignano, Herman Quirmbach, and Dick Dearden, and State Representatives Bruce Hunter, Curt Hanson, Jerry Kearns, Mark Smith, Art Staed, Ako Abdul-Samad, Jo Oldson, Ruth Ann Gaines, Sharon Steckman, Todd Taylor, Mary Gaskill, Kirsten Running-Marquardt, Timi Brown-Powers, and Dave Jacoby.

Former Iowa House Speaker Pat Murphy made his second Congressional campaign official this morning. In the shortest YouTube candidate announcement video I’ve ever seen (just fourteen seconds long), Murphy declared, “The truck’s up and running…and so am I.” A press release announced, “Middle Class Fighter to Take on [GOP incumbent Rod] Blum,” and a e-mail to supporters fleshed out Murphy’s case. Excerpt:

Teri and I discussed this race long and hard and the bottom line is that middle class Iowans deserve to have a voice in Congress, somebody who knows the struggles they face, and will fight for them.  I’ve done that my whole life, because that’s who I am.  And there’s no other candidate running – from either party – who has been on the right side of these fights from day one.

From raising the minimum wage and teacher pay, passing equal pay for women, to protecting women’s health care and all Iowan’s civil rights.  That’s my record.  Fighting for progressive Iowa values is in my blood, with your help, it’s exactly what I’ll do in Congress.

Murphy’s campaign is on the web at Pat Murphy for Congress, on Facebook here, and Twitter here. (His old campaign website is no longer functional.)

I enclose below the candidate’s full e-mail to supporters, as well as excerpts from the press release. It points to Murphy’s lead in a recent internal poll of Democrats in IA-01 and recalls his outright victory in the 2014 primary, despite being outspent by some of his four opponents. The press release also notes that in the general election, Murphy outperformed both U.S. Senate nominee Bruce Braley and the gubernatorial ticket of Jack Hatch and Monica Vernon. Vernon has been considered the front-runner for the 2016 primary in IA-01, on the strength of early fundraising and endorsements from Iowa-based and Washington Democrats. Gary Kroeger is also seeking the Democratic nomination.

Former U.S. Representative Dave Nagle is backing Murphy for Congress again, as is the Blue America PAC, which supports progressive candidates in Democratic primaries as well as against Republicans in general elections. Murphy dominated the labor union endorsements before the 2014 primary. I’ll be interested to see whether Vernon picks up more labor support this cycle. So far, she has the backing of Teamsters Local 238, the “largest Teamster Local headquartered in the state of Iowa,” and the  Cedar Rapids/Iowa City Building Trades Council, which supported her during the 2014 primary. UPDATE: Added below a Vernon campaign press release “welcoming” Murphy to the race and listing her key endorsers. They include several Iowa House Democrats who served in the legislature while Murphy was speaker from 2007 through 2010. SECOND UPDATE: Added Kroeger’s statement below.

Iowa’s largest public employee union and 20 Democratic state legislators filed a lawsuit today challenging the closure of mental health institutes in Mount Pleasant and Clarinda. I enclose below a press release from AFSCME Council 61, which lists the six state senators and fourteen state representatives who joined the lawsuit naming Governor Terry Branstad and Department of Human Services Director Chuck Palmer.

The Branstad administration announced plans in January to close two of Iowa’s four in-patient mental health facilities. State legislators were neither consulted nor notified in advance. The Department of Human Services started winding down operations well before the end of the 2015 fiscal year. Democrats fought to include funding for the Clarinda and Mount Pleasant institutes in the budget for the current fiscal year, but Branstad item-vetoed the appropriation. The lawsuit contends that closing the facilities violates Iowa Code, which holds that the state “shall operate” mental health institutes in Mount Pleasant and Clarinda. The governor’s communications director told KCCI that AFSCME’s leader in Iowa “is resistant to change” and that the closed “centers were not suited to offer modern mental health care.”

The Iowa legislature’s decision next year on whether to fund the Clarinda and Mount Pleasant facilities will be critically important. The Iowa Supreme Court recently dismissed the lawsuit challenging the closure of the Iowa Juvenile Home in 2014, without considering the merits of that case, on the grounds that the legislature made the issue “moot” by no longer appropriating state money to operate that facility. By refusing to include funding for the two closed mental health institutes in the budget for fiscal year 2017, Iowa House Republicans could bolster the Branstad administration’s efforts to defeat the lawsuit filed today.

UPDATE: Added more speculation about this lawsuit’s prospects below.

The Iowa legislature’s 2015 session drags on amid unresolved conflict over various budget issues, especially K-12 school funding. But one aspect of the lawmakers’ work is complete for this year. The Democratic-controlled Iowa Senate has confirmed all but one of Governor Terry Branstad’s more than 200 nominees. The overwhelming majority of those votes were unanimous or nearly so.

In recent years, senators have voted against confirming one or two Branstad nominees. This year no nomination failed on the Iowa Senate floor, and only one department head was ever in real danger of not being confirmed to do his job: Department of Human Services Director Chuck Palmer.

Branstad has occasionally withdrawn nominees who didn’t have support from the necessary two-thirds majority in the Iowa Senate. This year the governor didn’t need to exercise that power, although he sidestepped a near-certain rejection by accepting Teresa Wahlert’s resignation in January, rather than reappointing her to run Iowa Workforce Development. In addition, Iowa Law Enforcement Academy Director Arlen Ciechanowski recently announced plans to retire, tacitly acknowledging the votes weren’t there to confirm him.

Follow me after the jump for background on the controversies surrounding Palmer and Ciechanowski and details on Palmer’s confirmation vote–the closest call by far for any Branstad appointee this year.

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).

Some of the most prominent Democratic legislators living in Iowa’s first Congressional district have endorsed Cedar Rapids City Council member Monica Vernon, a day after she announced she will run for Congress again in 2016. The group includes lawmakers from the three largest metro areas in IA-01:

Cedar Rapids (State Senators Liz Mathis and Rob Hogg, State Representatives Art Staed, Kirsten Running-Marquardt and Liz Bennett)

Waterloo/Cedar Falls (State Senator Bill Dotzler and State Representative Timi Brown-Powers)

Dubuque (Iowa Senate President Pam Jochum)

Support from Mathis is particularly noteworthy, because many Iowa Democrats encouraged her to run for Congress in 2014. Mathis endorsed Vernon shortly before last year’s five-way primary.

Former State Senator Jack Hatch and several current lawmakers who live outside IA-01 also endorsed Vernon today: State Senators Joe Bolkcom, Bob Dvorsky, and Rich Taylor, and State Representatives Vicki Lensing, Mary Mascher, and Sally Stutsman. All besides Taylor represent parts of Johnson County, which is part of the Cedar Rapids/Iowa City corridor.

The full press release from Vernon’s campaign is after the jump. It sends a strong signal to any other Democrats who may be considering this race, including former State Senator Swati Dandekar and Ravi Patel, the president of Hawkeye Hotels.

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).  

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.

State Senator Jack Hatch’s campaign released a list of prominent Iowa endorsers today, including eight-term U.S. Representative Leonard Boswell, eight Iowa Senate Democrats (Dennis Black, Joe Bolkcom, Tom Courtney, Dick Dearden, Matt McCoy, Steve Sodders, Joe Seng, and Rich Taylor), and six Iowa House Democrats (Ako Abdul-Samad, Marti Anderson, John Forbes, Ruth Ann Gaines, Bruce Hunger, and Frank Wood). Several of those lawmakers stood with Hatch during his statewide tour last month to announce his candidacy. Others had not taken a public stand in the governor’s race before today, to my knowledge.

I’ve posted the Hatch campaign’s press release after the jump. Boswell and several of the endorsers cited Hatch’s experience and record of legislative accomplishments, themes I expect to hear repeatedly during the next eight months. Hatch’s main Democratic primary competition, State Representative Tyler Olson, has support from more than two dozen state lawmakers but doesn’t have nearly as much legislative experience. Nor is he known for doing the heavy lifting on many bills that have become law.

This comment from Senator Tom Courtney jumped out at me from today’s press release: “Anyone can floor manage a bill passed out of another chamber or sign on as a co-sponsor to an existing bill, but Jack has shown real leadership throughout his time in public service – creating new ideas, finding allies, drafting legislation, and fighting to see it succeed in the legislative process.” I read that as a subtle swipe at Olson, because his major legislative accomplishment was floor-managing the public smoking ban in 2008–a cause initially pushed by other legislators, including Janet Petersen and Staci Appel. Highlighting Hatch’s “new ideas” is also an implicit rebuttal to Olson’s promise to provide “fresh leadership” for the next 30 years.

Any comments about the governor’s race are welcome in this thread. UPDATE: Added details below on the Hatch campaign’s steering committee.

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.