# Rick Bertrand



IA-04, IA-Gov?: Bill Northey endorses Steve King for Congress

The Republican National Convention delegate elections grabbed most of the attention from today’s Iowa GOP district conventions, but Secretary of Agriculture Bill Northey made some news at the fourth district gathering in Fort Dodge. Kathie Obradovich reported for the Des Moines Register,

“When I think of somebody I want in the room talking with conservative congressmen and senators, a potential president, on ethanol issues, I want Steve King,” [Northey] said.

King, in turn, suggested a promotion for Northey — but not to governor, a job for which he is often mentioned as a potential candidate. He noted there will be a new U.S. Agriculture secretary next year. “We’ll no longer have Secretary (Tom) Vilsack. I think maybe Secretary Northey sounds pretty good to me.”

King touted the quadrupling of ag land values during the first 12 years he was in Congress. “We should not forget, those are the best 12 years that agriculture has ever had in the history of this state during that period of time,” he said.

You don’t have to be an economist to know the rise in Iowa farmland values since 2003 has very little connection to who represented our state in Congress. But let’s leave that aside for now. Northey and King have long had a friendly political relationship. The ag secretary cut a radio ad King aired near the end of his toughest re-election campaign, the 2012 race against Christie Vilsack in a substantially redrawn district. Click through to read the transcript of that commercial, in which Northey touted King’s record on agriculture issues and support from farm groups. I would not be surprised to see a similar testimonial hit the airwaves before King’s June 7 primary against State Senator Rick Bertrand. People linked to the ethanol industry are among Bertrand’s heavy-hitter supporters, largely because King endorsed Senator Ted Cruz for president, despite Cruz’s stand on the Renewable Fuel Standard.

Speaking of the presidential race, King discussed possible brokered convention scenarios on this weekend’s edition of Iowa Public Television’s “Iowa Press” program. He predicted that “neither Trump nor Cruz delegates are going to tolerate anyone coming in from the outside that hasn’t been a candidate,” such as U.S. House Speaker Paul Ryan. The full video and transcript are here; I’ve enclosed relevant excerpts below.

Northey is widely considered likely to run for governor in 2018 rather than for a fourth term as secretary of agriculture. King’s support could be helpful in a primary that will almost certainly include at least two other candidates: Lieutenant Governor Kim Reynolds and Cedar Rapids Mayor Ron Corbett. Neither has a strong base in rural Iowa, although Corbett has tried to bolster his credentials with the farm community by touting all-voluntary efforts to reduce agricultural runoff and bashing some efforts to regulate farm-based pollution.

Any relevant comments are welcome in this thread.

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IA-04: Bruce Rastetter confirms support for Rick Bertrand

You didn’t need to be Sherlock Holmes to work this one out, but Bruce Rastetter helpfully confirmed today that he will support State Senator Rick Bertrand’s GOP primary challenge to Representative Steve King in Iowa’s fourth Congressional district.

Assuming Rastetter puts his money where his mouth is–and years of disclosed and undisclosed political contributions suggest that he will–he may become a major donor to Nick Ryan’s effort to take out seven-term incumbent King.

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This is why they raise taxes in non-election years

Early in last year’s legislative session, state lawmakers voted to raise Iowa’s gasoline tax for the first time in more than two decades. Unlike many controversial policy questions, this issue did not split the public or elected officials along party lines. The Des Moines Register’s February 2015 statewide poll showed Iowans generally and subgroups of Democrats, Republicans, and independents were all divided on whether to raise the tax by 10 cents a gallon to pay for road and bridge repairs. In the Iowa House and Senate, lawmakers from both parties voted for and against the tax increase. Senate Majority Leader Mike Gronstal had reportedly refused to bring the bill to the floor without a guarantee that at least half of the 24 GOP senators would vote for it.

The immediate backlash against the gas tax hike came mostly from Republican circles. Former Iowa GOP Chair A.J. Spiker and former state party co-chair David Fischer were among the vocal critics. Conservative WHO Radio host Simon Conway urged Republicans to “send a message” by changing their party registration.

Governor Terry Branstad signed the gas tax hike into law within 24 hours of its passage. The following day, conservative activist Eric Durbin announced on Conway’s show that he would challenge nine-term incumbent State Representative Clel Baudler in the 2016 GOP primary to represent Iowa House district 20.

Yet a year later, there is little sign of political fallout for the 28 state senators and 53 state representatives who voted to make Iowans pay a little more at the pump.

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IA-04: GOP State Senator Rick Bertrand will challenge Steve King

Bret Hayworth had the scoop this morning for the Sioux City Journal, and State Senator Rick Bertrand told the rest of the world at a press conference this afternoon:

“I’m Rick Bertrand, I’m real, and I’m running!” Bertrand said in announcing his candidacy [in the fourth Congressional district]. He added, “I am a viable and credible candidate, and will pose the greatest challenge Mr. King has faced in 14 years.”

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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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Will any elected Iowa Republicans vow to #NeverTrump?

In an effort to halt Donald Trump’s momentum and also to preserve some self-respect, a growing number of Republicans are vowing never to vote for Trump, even if he becomes the GOP presidential nominee. As Megan McArdle reported for Bloomberg, the #NeverTrump faction represents “all segments of the party — urban professionals, yes, but also stalwart evangelicals, neoconservatives, libertarians, Tea Partiers, the whole patchwork of ideological groups of which the Republican coalition is made.”

Former New Jersey Governor Christine Todd Whitman said she would consider voting for Hillary Clinton over Trump. At a funeral in Des Moines this past weekend, the daughter of the deceased (like Whitman a moderate Republican) struck a chord with some of the mourners when she joked during her eulogy that she was a little envious her mother would not have to vote in the presidential election now.

At the other end of the GOP ideological spectrum, staunch conservative U.S. Senator Ben Sasse of Nebraska became the first member of Congress to take the #NeverTrump pledge, laying out his reasoning in a long Facebook post.

So far, the most prominent Iowa Republican to join the #NeverTrump camp is right-wing talk radio host Steve Deace, who explained his stance in a column for the Conservative Review website. Deace worked hard to persuade fellow Iowans to caucus for Ted Cruz. Meanwhile, Marco Rubio endorser and former Waukee City Council member Isaiah McGee described himself to me as a “founding member” of #NeverTrump.

Early signs suggest that few, if any, elected GOP officials in Iowa will join the club.

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Mixed feelings on State Senator Rick Bertrand's possible campaign in IA-04

Bret Hayworth had a great scoop in the Sioux City Journal this weekend: Republican State Senator Rick Bertrand is “strongly, strongly considering” a primary challenge to seven-term Representative Steve King in Iowa’s fourth Congressional district.

Part of me wants him to go for it. Part of me hopes Bertrand will put his ambition for higher office on hold until 2018.

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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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Weekend open thread: Hall of Fame and Family Leadership Summit edition

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

All five Democratic presidential candidates appeared at the Iowa Democratic Party’s Hall of Fame dinner in Cedar Rapids on Friday night. I’ve posted below my impressions from the speeches; you can watch the videos on C-SPAN. It’s a shame the venue couldn’t accommodate more people, because lots of interested Iowa Democrats were unable to get tickets for the event.

Before the Hall of Fame dinner, I spent some time with an old friend who’s a huge Hillary Clinton supporter. Huge, as in, she didn’t take down her Hillary yard sign until the grass was long enough to need mowing in the spring of 2008. She mentioned to me that she’s relieved to see Clinton working hard this year instead of “ignoring” Iowa like last time. When I told my friend that Hillary visited Iowa more than 30 times in 2007, spending all or part of 70 days in the state, she was surprised. I’m amazed by how many Iowans have bought into the media-constructed narrative that Clinton “bombed” in the caucuses because she took the state for granted.

Ten Republican presidential candidates came to Ames on Saturday for the Family Leadership Summit organized by Bob Vander Plaats’ FAMiLY Leader organization. C-SPAN posted all of those speeches here. As usual, Donald Trump sucked up most of the oxygen in the room by questioning whether Senator John McCain had been a hero during the Vietnam War. O.Kay Henderson posted the audio at Radio Iowa. Rival presidential candidates with the exception of Ted Cruz rushed to condemn Trump’s remarks. Some of the Family Leadership Summit attendees may have been more upset by Trump’s comments about his three marriages and his admission that when he’s done something wrong, “I don’t bring God into that picture.”

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Iowa Senate approves bills on wage theft, minimum wage increase

While the gasoline tax increase grabbed most of the attention, the Iowa Senate approved two other significant bills on Tuesday. Senate File 270 would combat Iowa’s wage theft problem, estimated to cost workers about $600 million annually. After the jump I’ve enclosed State Senator Bill Dotzler’s opening remarks on the bill, which cover its key provisions. Victims of wage theft testified at an Iowa Senate hearing in late January, and when you hear their stories, it’s hard to understand why this remains a partisan issue.

It makes sense when you read the lobbyist declarations on the bill, showing various labor groups in favor and business groups opposed (including the Iowa Association of Business and Industry, the National Federation of Independent Business, the Iowa Retail Federation, the Iowa Grocery Association, and the Iowa Propane Gas Association). During the Senate Labor and Business Committee’s hearing on wage theft, GOP Senator Rick Bertrand had criticized the idea of forcing more “paperwork” on all Iowa businesses because a minority are stealing wages from workers. Democrats later incorporated some amendments suggested by Bertrand. Nevertheless, the final vote on Senate File 270 was strictly partisan, with 26 Democrats in favor and 23 Republicans against. Senators approved a similar bill last year, also along party lines. It died in the Iowa House.

Senate File 269, which would raise Iowa’s minimum wage from $7.25 to $8.00 this year and to $8.75 next year, cleared the Iowa Senate on February 24 as well. This time Bertrand joined the 26 Democrats in voting for the bill; the other 22 Republicans who were present opposed it. For the last couple of years, many Democrats nationally and in Iowa have endorsed a minimum wage of $10.10.  I assume Senate File 269 set a lower goal in the hope of attracting bipartisan support, but I would have stuck with $10.10. Not only is that closer to a living wage, it’s closer to the purchasing power of Iowa’s minimum wage the last time it was raised in early 2007.

Incidentally, only three of the current Iowa Senate Republicans were in the legislature when Iowa last raised the minimum wage in 2007. Of those, David Johnson voted for raising the minimum wage to $7.25, while Brad Zaun and Jerry Behn voted against it.

Republican statehouse leaders have no interest in raising the minimum wage now, but when a minimum wage increase came to a vote in 2007, it passed with huge bipartisan majorities in both chambers. At that time, supporters included nine current Iowa House Republicans: Kraig Paulsen (now Iowa House Speaker), Linda Upmeyer (now Iowa House Majority Leader), Clel Baudler, Dave Deyoe, Cecil Dolecheck, Jack Drake, Dan Huseman, Linda Miller and Dawn Pettengill (she was a House Democrat at that time but switched to the Republican Party later in 2007). Seven of the current Iowa House Republicans voted against raising the minimum wage to $7.25 in 2007: Greg Forristall, Pat Grassley, Tom Sands, Chuck Soderberg, Ralph Watts, Matt Windschitl, and Gary Worthan.  

Any relevant comments are welcome in this thread.

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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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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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U.S. Supreme Court rejects appeal of defamation case based on Iowa political ad

Hot off the press: the U.S. Supreme Court has declined to hear Republican State Senator Rick Bertrand’s appeal of a Iowa Supreme Court ruling rejecting his defamation case. Bertrand’s lawsuit stemmed from a negative ad the Iowa Democratic Party ran against him during his 2010 campaign against Rick Mullin. To my surprise, Bertrand won significant damages in a jury trial, and a partial victory at the Iowa District Court level. The district court judge reduced the damages awarded to Bertrand but determined that the controversial television spot constituted “implied libel.”

Both Bertrand and the defendants in the defamation case (Mullin and the Iowa Democratic Party) appealed to the Iowa Supreme Court, which heard the case in January. In May, justices unanimously dismissed the case. Bleeding Heartland posted key excerpts from that unanimous ruling here. You can read the full decision here (pdf).

Bertrand’s only option left was a U.S. Supreme Court appeal. I never thought he would get far with this lawsuit, because of extensive case law supporting strong protections for political campaign speech, as well as a high bar for any public figure claiming defamation (libel or slander).

Today, Bertrand v. Mullin et al appeared on a long list of cases in which the U.S. Supreme Court denied certiorari.

UPDATE: Bertrand reacted to today’s news on his twitter feed. I’ve added those comments below. He still doesn’t have a grasp of the First Amendment issues.

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Republicans left Iowa House seats uncontested in nearly every battleground Iowa Senate district

The filing period for general-election candidates closed on August 15. You can view the full candidate list for federal and state offices on the Iowa Secretary of State’s website. John Deeth briefly reviews all 100 House races here. Next month, I’ll be posting on the most competitive Iowa House races.

For today, I’m interested in what appears to be a pattern of Republicans letting Iowa House seats go in battleground Iowa Senate districts. I suspect a strategy is in play to depress GOTV in the more Democratic halves of these districts.  

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Third-party and independent candidates in Iowa's 2014 elections

The filing period for general election candidates in Iowa closed last Friday, so it’s a good time to review where candidates not representing either the Democratic or Republican Party are running for office. The full candidate list is on the Iowa Secretary of State’s website (pdf(. After the jump I discuss all the federal, statewide, and state legislative races including at least one independent or minor-party candidate. Where possible, I’ve linked to campaign websites, so you can learn more about the candidates and their priorities.

Rarely has any Iowa election been affected by an independent or third-party candidate on the ballot. Arguably, the most recent case may have been the 2010 election in Iowa’s first Congressional district. Final results showed that Democratic incumbent Bruce Braley defeated Republican challenger Ben Lange by 4,209 votes, while conservative candidates Rob Petsche and Jason Faulkner drew 4,087 votes and 2,092 votes, respectively.

Any comments about Iowa’s 2014 elections are welcome in this thread.

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Iowa Senate district 7: "Sore loser" Maria Rundquist gives Bertrand breathing room

Iowa’s status as one of only three states to allow losers of major-party primaries to seek the same office as independents is good news for Republicans hoping to hold Iowa Senate district 7. First-term Senator Rick Bertrand is seeking re-election in the Sioux City-based seat, where President Barack Obama performed better than in any other Iowa Senate district now held by a Republican. Although midterm electorates sometimes favor GOP candidates, and Iowans tend to re-elect their statehouse incumbents, the voter registration totals here lean toward Democrats. Both parties are targeting Senate district 7, and a victory for challenger Jim France would virtually assure continued Democratic control of the Iowa Senate.

Enter Maria Rundquist, who lost the Democratic primary to France in June, but filed this week to run in Senate district 7 as an independent. Her campaign website provides a short bio and background on her civic involvement in the Sioux City area. I sought comment from Rundquist about why she is running as an independent, and how she would answer critics who say she can only help re-elect Bertrand. She responded, “I am running because, I can provide the leadership, integrity and ethics so needed in our government. I believe the people in the Iowa Senate District 7, deserve an honest and smart choice.”

Following up, I asked Rundquist whether she was aware that a third-party candidate has not won an Iowa legislative election in several decades, if ever, and whether she would have any regrets if Bertrand were re-elected with fewer votes than she and France received combined. She answered,

Yes, I am aware about  third-party never won an Iowa legislation seat. So let make history and pass the word to elect Maria Rundquist to change the system. I don’t have regrets to Rick Bertrand or any candidate. We leave in a Nation of Democracy and the voters have the right to chose the right person to represent them. So stop questioning me and get to work and campaign for Maria Rundquist.

Sorry, that’s not going to happen. I’ve voted for lots of Democrats who didn’t win their primary. None of them became what is known in political science as a “sore loser.” One can argue that voters should be able to select any candidate they choose, but upholding state sore loser laws during the 1970s, the U.S. Supreme Court held that there is no constitutional right to continue an intra-party struggle during the general election. I’m with John Deeth: candidates who seek a party’s nomination should abide by the primary voters’ verdict. Rundquist must know that she won’t “change the system” through this campaign. I hope she doesn’t become a spoiler, but there’s no question that her candidacy will hinder France’s effort to unseat a Republican incumbent.

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Iowa Supreme Court dismisses defamation case based on 2010 political ad

Today the Iowa Supreme Court unanimously dismissed a defamation case filed by Republican State Senator Rick Bertrand over a 2010 negative television ad. You can read the full ruling here (pdf). I’ve posted a few excerpts below.

The Iowa Democratic Party ran the ad on behalf of Democratic candidate Rick Mullin shortly before the 2010 general election. Bertrand immediately filed a defamation lawsuit, in what I assumed was a stunt to change the media narrative. However, he pursued the case after winning the Iowa Senate race. In 2012, a jury decided in favor of Bertrand and awarded him $231,000 in damages. Later, a district court judge reduced the damages to $50,000 but determined that the tv ad constituted “implied libel.” The judge concluded that several statements in the commercial, though technically accurate, created a misleading impression about Bertrand. Both sides appealed to the Iowa Supreme Court. Mullin and the Iowa Democratic Party asked the justices to overturn the original verdict, while Bertrand defended his libel claim and objected to the damages being reduced.

I always expected the verdict to be overturned on appeal, because of extensive case law supporting strong protections for political campaign speech, as well as a high bar for any public figure claiming defamation (libel or slander).

Chief Justice Mark Cady cited many judicial opinions in his ruling, joined by Justices Thomas Waterman, Daryl Hecht, Bruce Zager, and David Wiggins. Justices Edward Mansfield and Brent Appel recused themselves from this case for reasons Bleeding Heartland discussed here. During the oral arguments in January, some observers thought Waterman sounded sympathetic to Bertrand’s attorney–which goes to show comments made during oral arguments don’t necessarily reflect the way a judge will decide a case.

This morning, Bertrand told the Des Moines Register, “The Iowa Supreme Court failed the people of Iowa and they failed the nation today. They did not show the courage to really say no to lies and corruption in politics.” Iowa Senate Majority Leader Mike Gronstal released the following statement: “We are pleased with the decision by the Iowa Supreme Court. The decision affirms our original position: the communication in question was factually accurate and protected free speech.”

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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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Education budget passes, ensuring tuition freeze at state universities

Iowa lawmakers are finally getting the hang of divided control–or maybe they just want to get out of town early in an election year. During the 2011 legislative session, Iowa House Republicans and Senate Democrats were still arguing about state budget targets well into June and didn’t approve final spending bills until the very last day of the fiscal year.

In contrast, legislative leaders agreed on fiscal year 2015 spending targets seven weeks ago. On April 23, both the Iowa House and Senate approved the conference committee report for the education appropriations bill. Details on the education budget debate, final funding levels and roll calls are after the jump.

Amazingly, the legislature may be ready to adjourn for the year by the end of next week.

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Iowa Senate district 7 preview: Rick Bertrand vs. Jim France

Three days before the deadline to file as a major-party candidate for the state legislature, a Democrat finally stepped up to run against first-term State Senator Rick Bertrand in Iowa Senate district 7. Likely to be among the most competitive statehouse races this year, Senate district 7 is a must-hold for Republicans trying to win a majority in a chamber Democrats have controlled by 26 votes to 24 since 2011. Leading Democrats view the district as a pick-up opportunity, in part because of a voter registration advantage and strong performance by Democratic candidates there in 2012.

Follow me after the jump for a first look at this race. I’ve included a district map and the latest voter registration numbers as well as background on Bertrand and his Democratic challenger, Jim France.  

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State Senator Rick Bertrand recovering from stroke

Republican State Senator Rick Bertrand was admitted to a Sioux City hospital on Saturday after suffering a “mild stroke.” A statement released by the Iowa Senate Republicans said Bertrand’s doctors expect him to make a “full recovery, with no lasting effects.” His friend and fellow Senator Bill Anderson told the Sioux City Journal that Bertrand drove himself to the hospital and plans to be back in the Senate by next Monday.

A business owner and first-term lawmaker, Bertrand was Iowa Senate minority whip during last year’s legislative session but recently stepped down from that position in order to focus on his re-election campaign. Senate district 7, covering much of Sioux City and parts of Woodbury County, will probably be among this year’s most competitive Iowa Senate contests. So far no Democrat has announced plans to run against Bertrand. The filing deadline is March 14.

Iowa Supreme Court considering defamation case over 2010 political ad

The Iowa Supreme Court heard oral arguments yesterday in an appeal of Republican State Senator Rick Bertrand’s defamation lawsuit against his 2010 opponent, Rick Mullin, and the Iowa Democratic Party. Des Moines attorney and law blogger Ryan Koopmans live-tweeted the hearing, and Mike Wiser and Grant Rodgers published summaries.

We’ll know the verdict within a few months, but I’ve posted some thoughts and predictions below.

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Mike Gronstal sees eight competitive Iowa Senate races

Iowa Senate Majority Leader Mike Gronstal is “fairly confident” going into this year’s state legislative elections, he told Mike Glover in a recent interview. He cited a “pretty good message” to take to voters as well as a “a slight advantage on the map” that will allow Democrats to play “a little less defense and a little more offense,” compared to 2012.

I agree with Gronstal that Democrats are better positioned now to hold their 26 to 24 majority in the upper chamber than they were at the same point two years ago. Follow me after the jump for a quick look at the eight districts the Senate majority leader expects to be targeted this fall.

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Five Iowa Senate races to watch in 2014

It’s the time of year for blog posts about notable candidates and upcoming elections. Every politically engaged Iowan knows already that 2014 will be an unusually exciting year. We haven’t seen an open U.S. Senate race since 1974. The last time Iowa’s first Congressional district was open was in 2006. The last time Iowa’s third Congressional district was open was in 2002, but it wasn’t a wide open seat, since incumbent Representative Leonard Boswell moved into Polk County to run. Amazingly, 1940 was the “last time there was a Congressional race in Polk County without an incumbent seeking re-election.” All of Iowa’s statewide elected officials are up for re-election as well this year, and the secretary of state’s position may become open if Matt Schultz decides to go for the Republican nomination in IA-03.

Since Bleeding Heartland readers already know about the big Iowa races to watch, I want to focus today and tomorrow on the elections that are likely to determine control of the Iowa House and Senate in 2015 and 2016.  

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Analysis of the Obama-Romney vote in the Iowa Senate districts

The Daily Kos Elections team has been compiling 2012 presidential election results by state legislative district as well as by Congressional district. Yesterday the Iowa numbers were added to the database. You can view Google documents with raw vote totals and percentages for Barack Obama and Mitt Romney by Iowa Congressional district here, by Iowa Senate district here, and by Iowa House district here.

Looking closely at the presidential vote in the legislative districts provides some insight about where the competitive Iowa statehouse races might be next year. After the jump I’ve highlighted some key data points related to the Iowa Senate races. Later I will post a separate diary with first thoughts about the Iowa House districts.

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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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Sixteen Iowa lawmakers issue dumbest ultimatum ever

The FAMiLY Leader’s strange obsession with the Iowa Governor’s Conference on LGBTQ Youth is well-established. Last year, the socially conservative organization led by Bob Vander Plaats was so focused on getting Governor Terry Branstad to drop his affiliation with this conference that they were too “busy” to protest as the governor wined and dined the future Communist ruler of China (world leader in coerced abortions).

The FAMiLY Leader was at it again last week, throwing a fit over the 8th Annual Governor’s Conference on LGBTQ Youth scheduled for April 3. For this post, I don’t want to focus on the “ludicrous” concerns raised by people like Chuck Hurley (“Stop coming after my kids and other people’s kids with evil propaganda”). I don’t want to focus on how Branstad “ducked rather than draw fire from name-callers” with this weak response to the controversy.

Today I’m more interested in sixteen Republican lawmakers who showed their solidarity with the FAMiLY Leader by making an idiotic promise they can’t possibly keep.

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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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Democrats have failed to convey the importance of the Iowa Senate

On one level, yesterday’s special election in Iowa Senate district 22 was no surprise. One would expect a Republican victory in a district with a large GOP voter registration advantage, where Republicans spent far more money and only the Republican candidate ran television commercials.

On the other hand, the special election loss is a big red flag that Iowa Democrats have failed to communicate how crucial it is to hold their narrow Senate majority.

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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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Department of long-shot lawsuits (updated)

JANUARY 2013 UPDATE: Boswell dropped this lawsuit.

I don’t know whether anyone connected to Representative Leonard Boswell dangled a job in front of Ed Fallon in early 2008. But I’m confident that the defamation lawsuit Boswell filed against Fallon won’t end in a courtroom victory for the man who won the contentious 2008 Democratic primary in Iowa’s third Congressional district.  

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