# State Legislature



Iowa budget disaster likely to force special legislative session

Governor Kim Reynolds appears unlikely to be able to balance Iowa’s budget for the fiscal year that just ended without calling a special legislative session. The last time Iowa lawmakers needed to come back after adjournment to fix the budget was in 2002, when the country was in a recession that had begun the previous year.

This year’s huge revenue shortfalls are happening during a time of economic expansion, the result of overly optimistic planning and business tax breaks that turned out to be much more costly than officials predicted.

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July 4 thread: Legalized fireworks in Iowa

During the action-packed legislative session, I never got around to writing about the bill making fireworks sales legal in Iowa for the first time in 79 years. Even if you hadn’t heard about the change in state law, you’ve probably noticed more fireworks going off in your neighborhood at all hours of the night lately, or seen complaints about the phenomenon on your social media feeds. Although numerous local ordinances restrict the use of fireworks to a short window on or close to the 4th of July, many enthusiasts either don’t know or don’t care. I haven’t heard of many people being fined for ignoring those rules.

I’m no fan of do-it-yourself fireworks, which can be triggering for veterans with post-traumatic stress disorder. Many veterans say unexpected or “random” explosions near their homes are more upsetting than large municipal fireworks displays, which happen at predictable times.

Amateur fireworks also cause many preventable injuries. So far this year, a Davenport teenager lost a hand, and a woman in Shueyville has third-degree burns after “a multi-shot box misfired sending a projectile” into her lap. Her four-week-old infant was lucky to escape with only cuts and a broken leg after the quick-thinking mom “tossed the baby aside before the firework exploded.”

Iowa’s long ban on fireworks sales was inspired by major fires, in particular the 1931 blaze that destroyed downtown Spencer. When House members debated Senate File 489 in April, Democratic State Representative Tim Kacena warned about incidents he had seen as a firefighter in Sioux City. Already this year, amateur fireworks have caused several serious fires, one burning down an abandoned farm house near a friend’s residence in Wayne County.

Support for the fireworks bill didn’t fall strictly along party lines. After the jump I’ve posted the Iowa House and Senate roll calls, so you can find out whom to credit or blame, depending on your perspective. This is an open thread: all topics welcome.

For those interested in the events that made July 4 a day worth celebrating, I recommend a trip Philadelphia, where the Declaration of Independence was drafted, approved, and signed in 1776. My family recently traveled there for the first time. The highlight was the phenomenal Museum of the American Revolution, possibly the best historical museum I’ve ever seen. Plan to spend at least three or four hours there to make the most of the exhibits.

The National Constitution Center is also worth at least a half-day. My favorite parts were the temporary exhibit on the rise and fall of Prohibition, a permanent display featuring books that inspired the founding fathers, and an interactive feature (accessible on the center’s website) showing the influences on each amendment in the Bill of Rights. My kids’ favorite part of the Constitution Center was an area where you can vote for past presidents after reading genuine campaign statements about ten issues, not attached to either candidate’s name.

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Democrat Dan Nieland challenging Zach Nunn in Iowa House district 30

“Our state has been hijacked by a group of people who have absolutely no interest in making the state better. If you’re not like them, they don’t care about you.” With those words, Dan Nieland officially launched his Democratic campaign for Iowa House district 30 this week.

Although rising Republican star Zach Nunn won re-election here comfortably last year, this seat encompassing much of eastern Polk County could become a competitive race in 2018.

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Highlights from a campaign literacy seminar in Cedar Rapids

Molly Donahue reports on a recent candidate training event in Cedar Rapids. Donahue was the 2016 Democratic nominee in Iowa House district 68 and is seeking the nomination for the same seat next year. -promoted by desmoinesdem

On Wednesday, June 7 in Cedar Rapids, former two-term State Senator Steve Sodders held a campaign literacy workshop at the Cherry building in Newbo, hosted by Bex Hurns. Sodders is spending much of his free time helping out candidates or potential candidates with pertinent information on how to run a campaign. The small group of fifteen people who were permitted to attend the Cedar Rapids event included those who are thinking about running for an office, as well as others like myself, who are already running.

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The importance of direct action and organizing the Roast and Ride protest

Elizabeth Dinschel, state leader of Action Iowa, makes the case for public protests and for good communication between activists and law enforcement. -promoted by desmoinesdem
 
Passive resistance is not the “high road.”  The world never changed because of a Facebook post or a counter event.  The world has, however, changed because of the brave, nonviolent direct actions taken by leaders such as John Lewis, Malcolm X, the Dalai Lama, Marsha P. Jackson, the organizers of the Arab Spring, the Orange Revolution, and many more nonviolent revolutions in Central and South America.

In America, however, we are being conditioned to believe that direct action is somehow rude or impedes on the free speech of other Americans. This is patently false and is a direct result of people enjoying their privilege. If a person cannot understand how civil disobedience could change the narrative of history or politics it is because they are treated with respect in public or can afford things such as food, healthcare, or housing. Are you uncomfortable?  Good, because that is what direct action is.

Direct action forces politicians to hear the messaging of people and groups they do not typically communicate with or, maybe, do not even care about.

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Who's Ready to Run?

Heather Ryan continues the series of posts by Iowa women who helped make 2017 a record-breaking year for political training programs. Ryan is the chair of the East Des Moines Area Democrats and a host of the Facebook Political Series “Fight Like a Girl.” -promoted by desmoinesdem

It’s fair to say that I was most likely not the target demographic for the “Ready to Run” program hosted in Ames, Iowa on April 28. While I am indeed female, I am far from a political novice. In fact, I consume politics almost as voraciously as I consume a bag of Taki’s. I majored in Political Science at Drake, worked in Washington DC and have participated in countless campaigns. That being said, I constantly seek out knowledge, and the Ready to Run program was an excellent means for such.

As of late, I have attended Precinct Leader Training, Wellstone University, Ready to Run and even teamed up with Representative Ruth Ann Gaines to teach Politics in a Reality TV world. Each of these courses offered their own unique educational experience. The Precinct Leader Training, run by the Iowa Democratic Party, expands on grassroots, neighborhood activism. Wellstone University is a three day intensive where we worked on our stump speeches, fundraising technique and internet presence (among a slew of other things). Representative Gaines and I teach public speaking and presentation skills in a time when the populous is more interested in seeing a rumble than a debate. But unlike any of those training seminars, Ready to Run focuses solely on encouraging and preparing women to run for office. This is the primary strength of this day-long crash course.

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Are women better candidates than men? (And other curiosities from the 2016 Iowa House elections)

After taking a closer look at the 2016 Iowa House election results, Kent R. Kroeger believes Iowa Democrats have reasons to worry but also reasons to be optimistic about their chances of taking back the chamber. You can contact the author at kentkroeger3@gmail.com.

The dataset used for the following analysis of 2016 Iowa House races with Democratic challengers or candidates for open seats can be found here: DATASET

When former U.S. Undersecretary of State for Public Diplomacy and Public Affairs Tara Sonenshine asked in her July 2016 Huffington Post essay, “Is 2016 the year of the woman?”, she can be forgiven if her underlying assumption was that the U.S. would be electing its first female president four months later.

We know how that turned out. Yet, her question had a broader vision and was not dependent on the outcome of one presidential race in one country. The question springs from an emerging body of evidence that women may make for better politicians than men. Given that only 19 percent of U.S. congressional seats are currently held by women, it may seem ridiculous to ask such a question. And since 2000, the percentage of women in state legislatures has plateaued (see graph below). Nonetheless, looking across a longer time span, there is no question more and more women are running and winning elective office in this country.

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Iowa Senate leader stripped two Republicans of committee chairmanships

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

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

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

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

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

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What do you have to do to get fired from the Waterloo Police Department?

When I learned last summer that several Waterloo police officers who had used excessive force against black residents had not been disciplined, even after one officer threw a 17-year-old boy to the ground and filed a false report about the incident, and other officers kept their jobs despite making racist remarks at a murder scene or hitting a handcuffed, immobilized suspect on the back of the head, I wondered: what does someone have to do to get fired from the Waterloo Police Department?

Last week the answer became apparent: a lot more than I would have imagined.

One officer remains on the Waterloo force even though Chief Dan Trelka determined he had abused his authority and “displayed poor judgement, unprofessionalism, a lack of competency, a lack of knowledge, a failure to conform to work standards, [and] a failure to take appropriate action”–without showing any remorse.

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Weekend open thread: Iowans remember Don Avenson

A an Iowa political legend passed away suddenly this week. Former House Speaker Don Avenson had a heart attack on May 19 while on the way home from vacation. He told Iowa Public Television in 1984, “A speaker of the House, if he wants to, can change the course of the state, can change the face of a great deal of legislation, a great deal of law.” As speaker from 1983 through 1990, “nearly twice as long as any other Speaker in Iowa history,” Avenson helped craft many laws that still affect state government and education. He left the House to run for governor in 1990, winning the Democratic nomination but losing to Terry Branstad. For more than 25 years, he remained an influential force at the statehouse, representing many clients through the Avenson, Oakley & Cope lobbying firm.

Dozens of people who have been involved in Iowa legislative politics reflected on Avenson’s legacy as news spread of his death. I compiled some of those recollections after the jump.

The Vilsack family suffered a devastating loss this week as Ella Vilsack, daughter of Jess and Kate Vilsack and granddaughter of Tom and Christie Vilsack, died at the age of six of complications related to influenza. Condolences to all who are bereaved. This kind of tragedy is every parent’s worst nightmare.

Speaking of untimely passings, Nina Martin of ProPublica and Renee Montagne of NPR published a terrifying article this month about maternal mortality, which “is rising in the U.S. as it declines elsewhere” in the developed world. Because “the American medical system has focused more on fetal and infant safety and survival than on the mother’s health and well-being,” new mothers are rarely monitored closely in hospitals, and doctors and nurses often miss symptoms of potentially life-threatening complications. The central figure in this article is Lauren Bloomstein, a neonatal intensive care nurse who died of preeclampsia the day after giving birth. It’s important to be aware of the signs; I know healthy women who had close calls with this condition during pregnancy or shortly after delivery.

The scenarios Martin and Montagne describe are among the reasons peer-reviewed research has shown the “risk of death associated with childbirth is approximately 14 times higher than that with abortion.” But in their infinite wisdom, Branstad and Iowa’s Republican lawmakers enacted new requirements this year for doctors to warn women seeking to terminate pregnancies about “possible detrimental physical and psychological effects of abortion.” Naturally, the state does not require obstetricians to give patients information about the risks of continuing a pregnancy.

This is an open thread: all topics welcome.

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Iowa Democrats face incredibly difficult path back to legislative majorities (part 1)

Many Iowa Democrats expect to have the wind at their backs for the 2018 elections, due to surging progressive activism, an unpopular Republican president, and backlash against GOP lawmakers who used their power this year to take rights away from hundreds of thousands of workers, lower wages for tens of thousands more, and undermine protections for those who suffer workplace injuries.

It’s too early to predict the political climate next fall, but Democrats need to hope for favorable external conditions as well as strong recruits and well-run campaigns. New calculations of last year’s presidential election results by state legislative district point to a very steep climb back to 51 seats in the Iowa House and 26 seats in the Senate. This post will survey the terrain in the upper chamber.

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Special election coming on June 27 in Iowa House district 22

Voters in Iowa House district 22 will choose a successor to the late State Representative Greg Forristall on Tuesday, June 27, in accordance with a proclamation Governor Terry Branstad issued today. The district covers a small portion of Council Bluffs and most of Pottawattamie County outside that city (see map above).

Special district conventions, tentatively scheduled for May 30, will determine the Democratic and Republican candidates for House district 22. Forristall’s widow and longtime clerk, Carol Forristall, will seek the GOP nomination, but others are expected to compete at the Republican district convention as well. (The late State Senator Pat Ward’s widower did not win the 2012 nominating convention in Senate district 2012.) The conservative blog Iowa Statesman reported that some locals recruited Naomi Corrie to run for the seat. Corrie was heavily involved as a volunteer for former Iowa Secretary of State Matt Schultz and new State Senator Dan Dawson, and has “been a Council Bluffs organizer for Senator [Joni] Ernst and Lt. Gov [Kim] Reynolds.” However, Corrie ruled herself out of this race today.

The GOP will be heavily favored to hold House district 22, where more than twice as many voters are registered Republicans as Democrats. However, an activist reported on Facebook this evening that as many as a dozen people have already contacted Pottawattamie County Democratic Chair Linda Nelson to express interest in the race. Anything can happen in a low-turnout special election.

Forristall had a Democratic opponent for his first election in 2006 but did not face a Democratic challenger in his 2008, 2010, 2012, 2014, or 2016 re-election bids.

Interest in running for office surging among Iowa women

Iowa has historically not been a friendly environment for female candidates. The number of women in our state legislature is stagnant and below the national average. But Iowa is no exception to a trend observed across the country: since Donald Trump was elected president, record numbers of women are considering running for office and signing up for candidate training programs.

Participants in the latest set of Ready to Run® workshops at the the Carrie Chapman Catt Center for Women and Politics at Iowa State University more than doubled the previous record in the program’s ten-year history.

Bleeding Heartland will soon begin publishing an occasional series of commentaries by Iowa women who recently decided to run for state or local offices, or who have become more deeply involved in political or issue advocacy campaigns. I reached out to Dr. Dianne Bystrom, director of the Carrie Chapman Catt Center, for more details on this year’s Ready to Run® workshops and participants.

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Jethro's: "We support our employees and a minimum wage hike." Then why did Mike Holms lobby for House File 295?

Matt Chapman closely followed and participated in the Iowa legislative debate over blocking county-level minimum wage increases. -promoted by desmoinesdem

I came across a Des Moines Register article in my Facebook feed that was 856 words long. It was a rebuttal to a letter to the editor about Jethro’s BBQ planning to open a restaurant in Ames.

The rebuttal is authored by Bruce Gerleman, Iowa view contributor and owner of all the Jethro’s BBQ.

I took offense at this response, and I’ll tell you why. And I hope that since I am just a low wage worker, if my response is 856 words long, the Register will publish my view as well.

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IA-Gov: Ron Corbett to decide soon, previews case on taxes and education

Outgoing Cedar Rapids Mayor Ron Corbett will decide “in the next 45 days or so” whether to seek the Republican nomination for governor, he told WHO-TV’s Dave Price on May 8. After months of laying the groundwork for a possible gubernatorial campaign, Corbett launched a tour this week promoting his new political memoir, Beyond Promises. He will use those speaking engagements to see “if people can feel a connection to Ron Corbett.”

Asked how he could compete financially against Kim Reynolds, who will be the incumbent governor, Corbett responded,

Yeah, people have asked me that, “You know, you’re going to have a big uphill battle ahead of you, a big challenge ahead of you.” But you know, what in life isn’t, you know, sometimes a big climb? And I’ve taken on big challenges. Again, when–and I talk about this in the book, when I take on an incumbent speaker of the House or an incumbent state representative, I don’t do it because I want to take on that particular person. I just have ideas that I want to talk about and get implemented.

Assuming Corbett does run for governor, tax and education policy will be central to his message, so let’s take a closer look at his ideas.

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One last chance to save the Leopold Center for Sustainable Agriculture

Republicans in the Iowa House and Senate approved the death warrant for the Leopold Center for Sustainable Agriculture at Iowa State University only a week after news of the planned ambush became public. Three weeks later, Governor Terry Branstad still has not signed the agriculture budget bill, which eliminates both major funding sources for the world-renowned center.

Under Iowa law, the governor can item-veto provisions in appropriations bills. Branstad told reporters on May 5, “We have heard from a lot of people that are concerned about the Leopold Center […] And that is one of the items that we’ll be giving close scrutiny to.”

Those who want to save the center can send a message through the governor’s website or call Branstad’s office at (515) 281-5211–the sooner the better. After the jump I’ve posted a few talking points that may be helpful.

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Read Planned Parenthood's lawsuit against Iowa's new anti-abortion law

Iowa’s proposed 72-hour waiting period for all abortions represents an “unwarranted intrusion into women’s personal privacy and autonomy” that “will threaten women’s health” and create “an undue burden” with “an improper purpose,” according to a lawsuit Planned Parenthood of the Heartland filed yesterday in Polk County.

Governor Terry Branstad plans to sign Senate File 471, which would be one of the country’s most restrictive anti-abortion laws, first thing in the morning May 5. Originally conceived as a ban on most abortions after 20 weeks of pregnancy, the bill became much broader when Iowa House Republicans added the no-exceptions 72-hour waiting period, new ultrasound rules and a requirement that doctors inform women about other options and “indicators, contra-indicators, and risk factors including any physical, psychological, or situational factors related to the abortion.”

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Kathy Shelton's voice needs to be heard

Sexual Assault Awareness Month ended today with no sign our political leaders are committed to addressing a problem affecting millions of Americans.

Republicans in the Iowa legislature just approved a 25 percent cut to victims assistance grants that support a wide range of programs, from crisis counseling and court advocates for assault survivors to sexual violence prevention education. The federal government may also reduce funding for victim services during the next fiscal year.

The long-term effects of rape and sexual assault are well-documented but mostly invisible.

Six months ago, Kathy Shelton offered a rare window onto the severe trauma many victims still experience years or decades after an attack. Her cries of pain and anger should be a call to action for everyone.

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Where did the Iowa I love go? A student's perspective

TJ Foley is a senior at Valley High School in West Des Moines. He will pursue a degree in international relations next fall. -promoted by desmoinesdem

To be quite honest, I thought I was done writing about politics in Iowa. As a high school senior, son of a teacher, and lifelong Iowan I am increasingly disillusioned with the direction of this state. This year the Iowa GOP and their special interest friends steamrolled over ordinary Iowans, gutting collective bargaining for public employees, eviscerating workers’ compensation protections, and slashing the wages of thousands of Iowan families, to name a few. Due to their actions, I no longer recognize my home of nearly 18 years. The Iowa I love values workers and teachers more than the narrow priorities of elite special interests like the American Legislative Exchange Council (ALEC) and the Koch Brothers. But the Iowa I love and the Iowa we all currently have are no longer the same.

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KWWL won't correct error-filled story on Stand Your Ground

Generally accepted journalism guidelines call for acknowledging mistakes in news reports, setting the record straight quickly, and doing so “in a way that encourages people who consumed the faulty information to know the truth.” The Online News Association’s “Build Your Own Ethics Code” project lists “promptly correct errors” among a short list of “fundamentals” that “should apply to all journalists.” The Radio Television Digital News Association’s code of ethics states, “Ethical journalism requires owning errors, correcting them promptly and giving corrections as much prominence as the error itself had.”

KWWL, the NBC affiliate in Waterloo, doesn’t hold its reporters to that standard.

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Education appropriations bill makes significant policy changes

Randy Richardson, a former teacher and retired associate executive director of the Iowa State Education Association, provides his personal assessment of important language in the education appropriations bill, which Republicans will likely approve this week. -desmoinesdem

With the end of the legislative session drawing near, much of the work left for lawmakers is agreeing to a final budget. Last week the Iowa House introduced a number of appropriations bills. Included among them was House File 642, the education appropriations bill.

For fiscal year 2018-2019 the bill appropriates monies from the general fund of the State to the Department for the Blind, the College Student Aid Commission, the Department of Education, and the State Board of Regents and the institutions it governs, at generally 50 percent of the amounts appropriated for the same purposes for the prior fiscal year. In addition to establishing budget numbers the bill also contains quite a bit of language that modifies Iowa Code.

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Courts will have the final say over Iowa's voter ID law

New restrictions on voting in Iowa are headed to Governor Terry Branstad after one last party-line vote in the state Senate on Thursday. The final version of House File 516 contains voter ID and signature verification requirements that will surely prevent some eligible voters from having their ballots counted. For more on those barriers, read Johnson County Auditor Travis Weipert’s statement enclosed below, testimony from the public hearing in the Iowa House last month, Bleeding Heartland guest posts by representatives of One Iowa and the American Civil Liberties Union, John Deeth’s “deep dig,” and the position paper from Iowa’s Commission on Asian and Pacific Islander Affairs. That commission took its first-ever stand on pending legislation out of concern House File 516 will “impede access to the voting booth.”

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Iowa Republicans slash funds for sexual violence and domestic abuse survivors

Times won’t be equally tough all over when Republican cuts take effect in the justice systems budget.

The Attorney General’s Office receives only about 3 percent of state funding in this area (totaling some $559 million for the next fiscal year) but will absorb about 84 percent of the $2.9 million in cuts Republican lawmakers agreed on behind closed doors. The Department of Corrections, which consumes about three-quarters of justice systems spending, will face a net reduction only $1.6 million, and the Department of Public Safety, which costs six times more to run than the Attorney General’s Office, will see a small increase despite the bleak revenue forecast for the state as a whole.

Justice Systems Appropriations Subcommittee Chairman Gary Worthan commented on April 12, “We would have liked to have done better with a lot of areas, but we’re forced to work with the realities of the budget.”

Fiscal constraints didn’t force anyone to inflict the deepest cuts on Iowans who have already experienced some of this world’s harshest realities. Republicans who put together this bill chose to spend 25 percent less next year on grants supporting survivors of sexual violence and domestic abuse.

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Journalists, stop validating Republican spin on voter ID

Later today, Iowa Senate Republicans will give final approval to a bill that could prevent thousands of eligible voters from casting ballots. A broad coalition of groups oppose House File 516, because common sense and research on similar laws in other states overwhelmingly point to one conclusion: voter ID and signature verification requirements will create barriers to the exercise of a fundamental constitutional right, disproportionately affecting students, the poor, the elderly, and people of color.

Republicans don’t acknowledge any of the expert testimony. They pay no attention to the conservative judge who regrets his ruling on Indiana’s voter ID law, having concluded that such laws are “a means of voter suppression.” They keep insisting their so-called “election integrity” bill won’t block a single citizen from voting.

They offer up false equivalencies, saying in their newsletters and on the Senate floor that Iowa Democrats also passed a voter ID law when they controlled both legislative chambers.

These tactics can be effective because most news reports on contentious issues give equal weight to both sides, even if one side is not credible. The “he said/she said” frame with no effort to evaluate competing claims is one of my major journalism pet peeves.

But I realized last Friday that when a politician stretches the truth, a reporter’s incompetent fact-check is worse than no fact-checking at all.

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Top Iowa Senate appropriator: No Water Works language in my spending bills

Iowa Senate Appropriations Committee Chair Charles Schneider has pledged not to include language dismantling the Des Moines Water Works in any spending bill this year.

Legislative action to transfer authority over the Des Moines Water Works from an independent board of trustees to area city councils was once seen as nearly a sure thing, thanks to strong support from the Iowa Farm Bureau. But Republican leaders never brought House File 484 up for debate before a legislative deadline in late March. The bill now sits on the “unfinished business” calendar, fueling speculation that it may rise from near-death before lawmakers adjourn for the year.

Governor Terry Branstad has been an outspoken critic of Des Moines Water Works leaders since the utility sued three northwest Iowa counties in 2015, demanding better enforcement of the Clean Water Act to reduce agricultural runoff. At the Waukee legislative forum on April 8, I asked Schneider about a rumor that Branstad has told House and Senate leaders to get the Water Works bill on his desk, and that such language may be attached to the “standings” bill in order to accomplish that end. The standings bill is typically among the last pieces of legislation considered each year and can become a grab bag of provisions power-brokers demand. Would Schneider commit not to add Water Works language to the standings bill or any other appropriations bill coming out of his committee?

Schneider: That’s the first I’ve heard of the standings rumor. It’s not going to go in my standings bill, and I’m not going to support a Water Works bill unless the Des Moines Water Works, West Des Moines Water Works, and Urbandale Water Works themselves–the utilities, not the cities, the utilities–tell me they would like to see some language in there to give them the ability to regionalize on their own.

Bleeding Heartland: So, you won’t put that in any appropriations bill.

Schneider: I’m not putting it in my standings bill.

Republican State Representative Rob Taylor responded to my question as well:

And I also sit on Appropriations on the House side now. I’m not the chair, but I wouldn’t support putting it in that standings bill either. I think that a bill with that kind of substance–although I will say, that the original bill, and the House version with the amendments from Representative [Jarad] Klein have changed substantially from the original bill–I think that’s a, that’s a critical enough bill for or against that it needs to stand on its own. And putting it on an appropriation is not appropriate, and I would fight tooth and nail to prevent it.

I enclose below the official video from yesterday’s Waukee forum. The relevant response from Schneider begins at 1:20:00.

Here’s hoping Schneider has the clout to keep Water Works language out of any final spending bills. He also serves as majority whip, the third-ranking Senate GOP leadership position. The three independent utilities Schneider mentioned oppose the Water Works bill. The city of Des Moines is still registered in favor of House File 484, but the city of West Des Moines changed its stance last month from “for” to “undecided.”

To my knowledge, most of the Republicans on the House Appropriations Committee have taken no public position on this legislation. I’m wary because Appropriations Chair Pat Grassley formerly chaired the Agriculture Committee, where the Water Works bill originated. Assisting the Farm Bureau’s revenge mission could bring political benefits to Grassley, who is widely expected to run for Iowa secretary of agriculture if Bill Northey does not seek re-election in 2018. A front group for the Farm Bureau called the Iowa Partnership for Clean Water ran radio ads supporting the Water Works legislation.

UPDATE: On Iowa Public Television’s “Iowa Press” program this weekend, O.Kay Henderson asked Senate President Jack Whitver, “Will the Iowa legislature dismantle the Des Moines Water Works?” After hesitating for a moment, Whitver answered simply, “No.”

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Republican strategy and divisive bills in the Iowa legislature

Matt Chapman wades into what is sure to be an intense debate over how Democrats should communicate with Iowans about this disastrous legislative session. -promoted by desmoinesdem

It’s no surprise that bills to regulate women’s rights and the gun omnibus were passed in the first week of April, right before the budget and when the end of session is looming.

These are very divisive laws, supported by the majority of the Republican base. The same folks who many of whom were hurt by laws stripping workers of bargaining rights, mandatory wage raises and even watering down workers’ compensation.

It will be interesting to see if this strategy works. My advice to anyone outraged by this session (and I acknowledge that it is too soon to do this now) would be to try to avoid the divisive issues. We have common ground with all workers in Iowa, and if we spend a lot of energy on guns or women’s rights, we will have a hard time trying to get change in our state.

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Read the teachers union lawsuit against Iowa's collective bargaining law

The largest labor union representing Iowa teachers and its Davenport affiliate filed a lawsuit yesterday challenging the constitutionality of House File 291, which eliminated almost all collective bargaining rights for teachers.

I enclose below the full text of the initial Polk County District Court filing. Scroll down to read comments Iowa State Education Association President Tammy Wawro delivered at a press conference, which you can watch here.

Like the lawsuit Iowa’s AFSCME chapter filed in February, the new lawsuit targets the unequal treatment of two classes of workers under the revised Chapter 20, which governed collective bargaining here for more than four decades. “Public safety” workers will be able to keep bargaining over a larger range of subjects, while other public employees can negotiate only about a handful of subjects, primarily base pay. ISEA maintains that this division violates Article I, Section 6 of the state constitution, which stipulates, “All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.”

In addition, the ISEA is challenging the law’s two biggest union-busting provisions: a ban on automatic payroll deduction for union membership and political contributions, and procedures that will make it harder for public unions to stay certified. ISEA holds that the payroll deduction ban also violates the uniformity clause of Article I, Section 6, because such deductions will be allowed for other professional associations or organizations. In addition, the lawsuit charges that by creating “an undemocratic election system” for unions representing public workers, which “counts votes based on population instead of number of votes cast,” the law violates the substantive due process guarantee of Article I, Section 9.

Attorney General Tom Miller is not defending the collective bargaining law, to “avoid any questions about a potential conflict.” The state retained the Belin McCormick law firm to handle legal challenges. At the end of this post, I enclose the motion filed to dismiss ASFCME’s lawsuit; the defense against ISEA’s suit will make the same arguments.

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Iowa water quality and confirmation bias

Thanks to Democratic activist Paul Deaton, “a low wage worker, husband, father and gardener trying to sustain a life in a turbulent world,” for cross-posting these ideas from his blog. -promoted by desmoinesdem

Progressives, farmers and environmentalists heard there is movement in the Iowa legislature to fund water quality and ears perked up — a natural impulse to interpret new events as supporting something we already believe or are working on, also known as confirmation bias.

56 percent of Iowans support increasing the state sales tax three-eighths of a cent to pay for water quality projects and outdoor recreation, according to a Selzer and Company poll reported by the Des Moines Register on Feb 12.

On March 14, State Representative Bobby Kaufmann (R-Wilton) introduced such a bill: the WISE (Water, Infrastructure and Soil for our Economy) bill, House File 597.

After a three year implementation the tax would generate $180 million to fund Iowa’s Natural Resources and Outdoor Recreation Trust Fund, which was created by a 2010 amendment to Iowa’s constitution. It sounds pretty good. However, we shouldn’t let our confirmation bias help Republican efforts to tax the poor, cut the general fund, and support the failed Nutrient Reduction Strategy.

Representative Chip Baltimore (R-Boone) and House Agriculture Committee Chair Lee Hein (R-Monticello) had previously introduced a water quality bill (House Study bill 135) addressing structural issues related to the use of water quality funds. Baltimore favored spending funds on watershed programs such as the governor’s Nutrient Reduction Strategy. Kaufmann’s bill mandates 60 percent of funding be directed to “a research-based water quality initiative (that) includes but not limited to a practice described in the Iowa nutrient reduction strategy.”

When Governor Terry Branstad created the Nutrient Reduction Strategy, in response to a federal requirement to address water quality, it was the least he could do. It was a way of tinkering around the edges of a water quality program, leveraging wide-spread concern about the need to act without changing the underlying structure of the system that creates excessive nitrate and phosphate loads in our water.

Branstad’s approach sucked up media attention and political will while doing little to address the root cause of the water quality problem.

“I welcome any legislative effort regardless of party that looks to protect the environment,” a progressive voter posted on Facebook. “While I agree that it is not fair that we have to take on the burden of trying to clean up after the farmers, I also know that they are a stubborn lot that hold great political power in Iowa. Therefore we need to be pragmatic and take whatever we can get while the Republicans are in charge.”

A lot of people would agree with this sentiment.

It’s clear solutions proposed in the Nutrient Reduction Strategy could work. They won’t work until either the strategy is compulsory, or there is funding to support broad participation.

“Republicans sometimes get accused of not being pro-environment, of not being pro-water quality,” Kaufmann said. “Well, this is our way of taking that bull by the horns and putting forth a good, tax-neutral water quality bill that puts guarantees in it that we can make sure dollars go to water quality.”

Despite Kaufmann’s work on the bill there are issues with the WISE approach to water quality.

Sales tax is regressive, which means it would be applied uniformly to all situations, regardless of the payer. Some might argue that everyone uses water so why shouldn’t everyone pay through sales tax? It is a straw man argument. A sales tax takes a larger percentage of income from low-income earners than from people causing this problem.

What’s worse than the regressive nature of sales tax is the Republican position any new tax must be revenue neutral. That means cutting the state budget. Where will the legislature find an additional $180 million in budget cuts after a year with three successive revenue shortfalls?

“Kaufmann admits there (are) still some questions about how the bill would affect other state programs,” Rob Swoboda reported in Wallaces Farmer. “But, he says, the only way the Republican-led legislature will pass a water-quality funding plan would be if the plan is revenue-neutral.”

Proposed budget cuts should be defined before advocating for the WISE bill.

There is no need to hold the agricultural community harmless in the pursuit of clean water. In 2013, when developing the Iowa Fertilizer Plant (a.k.a. Orascom) in Wever, Governor Branstad said, “the plant would create 2,500 temporary construction jobs and 165 permanent jobs and save farmers $740 million annually by cutting the price of fertilizer.” Whether or not there was a windfall in fertilizer savings farmers can afford to put skin in the water quality game.

“Where public money is needed (to fund water quality initiatives), consider an obvious source: the sale of farm fertilizer,” former state senator David Osterberg wrote in a May 25, 2016 column in the Des Moines Register. “If an urban person buys fertilizer for the lawn, there is a sales tax on the purchase. Farmers are exempt from the normal sales tax on fertilizer and a lot of other things. There is no reason for this exemption. Put the sales tax on fertilizer, earmark it to water-quality strategies and you have, conservatively, about $130 million a year to work with.”

While a majority of voters agree something must be done to improve water quality, political capital shouldn’t be diverted to supporting failed Republican policies just because they sound good or appear to support what we all believe.

Top image: Century farm in Johnson County. Photo by Paul Deaton.

Using Iowa's property taxes to solve a non-existent problem

Johnson County Supervisor Kurt Friese weighs in on how the Republican voter ID bill, House File 516, will affect county budgets, and by extension property taxpayers. The bill is pending in the state House, after GOP senators passed a different version from the bill approved earlier in the lower chamber. -promoted by desmoinesdem

Voter fraud in Iowa, and more specifically voter impersonation, is so statistically insignificant that it is essentially non-existent. It has zero impact on the outcome of our elections. None. Nada. Zip. Bupkis.

Requiring voters to show ID at their polling place accomplishes exactly nothing to protect the integrity of the election. There is one thing it does accomplish, however: lower voter turnout, especially among minorities and the elderly. That is among the reasons why the Supreme Court blocked North Carolina’s version of the law ahead of last fall’s general election, and why it would likely do so with the Iowa proposal.

Before it comes to that, though, House File 516 will raise your property taxes in order to solve a non-existent problem.

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Weekend open thread: Iowa legislative news roundup

The Iowa legislature’s second “funnel” deadline passed on March 31. In theory, aside from appropriations bills, any legislation that hasn’t yet cleared one chamber and at least one committee in the other chamber is no longer eligible for consideration for this year. However, leaders can resurrect “dead” bills late in the session or include their provisions in appropriations bills. The Des Moines Register’s William Petroski and Brianne Pfannenstiel reviewed important bills that did or did not make it through the funnel. James Q. Lynch and Rod Boshart published a longer list in the Cedar Rapids Gazette.

This paragraph caught my eye from the Register’s story.

Senate Majority Leader Bill Dix, R-Shell Rock, said everything that lawmakers are doing is a reflection of learning from states where prosperity is occurring as a result of business-friendly policies. That formula includes low-cost government, innovative public services, and easing regulatory burdens on businesses to spur job creation and to allow Iowa companies to compete in a global marketplace, he added.

Not so much: Republicans following a similar playbook drove Kansas and Louisiana into the ground. Wisconsin has performed poorly in employment growth, poverty reduction, household income, and wages compared to neighboring Minnesota, where corporate interests didn’t capture state government.

This is an open thread: all topics welcome. I enclose below links and clips about bills I haven’t had time to write about yet. Two are “business-friendly” policies that will hurt Iowans suffering because of exposure to asbestos or medical malpractice. One would make local governments and first responders less accountable by excluding all “audio, video and transcripts of 911 calls involving injured victims of crimes or accidents” from Iowa’s open records law.

Quick update on House File 484, the bill to dismantle the Des Moines Water Works: once seen as almost a sure thing due to covert support from the Iowa Farm Bureau, the bill was on the House debate calendar for many days in March but never brought to the floor. Majority Leader Chris Hagenow put House File 484 on the “unfinished business” calendar on March 30, after House Republicans voted down a Democratic motion to exclude it from that list.

Opponents of the Water Works bill have become more confident lately, as several GOP representatives and senators have said privately they oppose the legislation. In addition, a Harper Polling survey commissioned by the Water Works showed that 68 percent of respondents oppose disbanding independent water works boards in Des Moines, West Des Moines, and Urbandale in order to give city councils control over the water utility. The same poll indicated that by a 55 percent to 23 percent margin, respondents said an independent board of trustees rather than the city council is “best qualified to manage your local water utility.” By an 88 percent to 5 percent margin, respondents said “people who live in the community” and not the state legislature should have “the final say” on municipal utilities. No one should be complacent, because powerful forces are behind this legislation. Republican leaders could attach Water Works language to must-pass budget bills.

P.S.- The legislature is supposed to wrap up its business this month and adjourn for the year before the end of April. I suspect that even with unified Republican control, the session will go into overtime. Lawmakers haven’t finalized budget targets for the 2018 fiscal year yet. With less money to go around following the recent downgrade in revenue forecasts, and legislators of both parties calling for a review of increasingly expensive tax credits and exemptions, I expect several more weeks of behind the scenes negotiations before the House and Senate are ready to approve appropriations bills.

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Kim Reynolds applauds Terry Branstad's latest steps to hurt Iowa workers

On Thursday Governor Terry Branstad signed two of the most mean-spirited bills to come out of the Republican-controlled legislature this year. House File 295 prevents local governments from raising the minimum wage, potentially affecting an estimated 85,000 people working in five Iowa counties. (Lee County supervisors voted this week to raise the minimum wage, following the example set by leaders in Johnson, Linn, Polk, and Wapello.) House File 518 overhauls the workers’ compensation system in ways that guarantee fewer Iowans will qualify for benefits, and those who do will receive less money, especially for shoulder injuries.

Amid several false or misleading statements in the news release on the latest bill signings, one true fact emerges: Lieutenant Governor Kim Reynolds enthusiastically endorses these new laws. She will own their every harmful consequence.

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A closeted marijuana smoker's view of prejudice in the Iowa Code

As Iowa lawmakers consider proposals to allow the use of cannabis derivatives for some medical conditions, Matt Chapman makes the case for going further to legalize smokeable marijuana. -promoted by desmoinesdem

I illegally used marijuana for pain for years and it would be disingenuous to say I didn’t enjoy the side effects. It would also be disingenuous to say I don’t like the effect of hydrocodone or don’t like the effect of a large dose of ethanol as well. But to use ethanol every evening to take the edge off of pain and to get some good sleep would be a disaster.

And while it is under prohibition and illegal to use, it gave me a lot of relief and helped stave off the point where I could not take the pain any longer. I would use it in the evening. And before I went to bed I would use some along with amitriptyline and would sleep well. And I have no problem publicly discussing this as I had to choose which medication I would use and hydrocodone was the winner.

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Senate education omnibus bill awaits House vote

Randy Richardson, a former teacher and retired associate executive director of the Iowa State Education Association, provides his personal assessment of a bill that has flown below the radar. -desmoinesdem

It’s a jab, a right cross, a left hook followed by a right uppercut. That’s how it seems for educators in Iowa since the General Assembly convened in January. The most recent blow came almost one month ago when Senator Amy Sinclair introduced Senate Study Bill 1137 in an education subcommittee meeting. That bill eventually became Senate File 475, the Education Omnibus Bill. The bill has passed the Senate with limited support from Democrats and now sits in the House awaiting debate and a vote.

The thirteen page bill, carefully divided into seven divisions, contains a lot of items that educators hate and very little that would be considered redeeming.

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Why Mike Carberry may run for Iowa governor

Johnson County Supervisor Mike Carberry has confirmed rumors that he is thinking about running for governor in 2018. A longtime environmental activist and current member of the Iowa Democratic Party’s State Central Committee, Carberry was the most prominent elected official in our state to endorse Bernie Sanders for president. He spoke to Bleeding Heartland this week about why he is considering a bid for higher office, even though running for governor was never part of his life plan.

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

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

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

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

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

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

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

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

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

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

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

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

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

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Josh Mandelbaum taking on Des Moines City Council member Christine Hensley

Promising to be a “voice for strong neighborhoods and strong schools,” defending local interests and fighting harmful state policies, Josh Mandelbaum confirmed Thursday night that he will run for Des Moines City Council against 24-year incumbent Christine Hensley. I enclose below the audio and full transcript of Mandelbaum’s first campaign speech, along with background on the candidate and a map of Ward 3, which covers west-side neighborhoods south of University Avenue and much of the south side.

I’ve been acquainted with Mandelbaum since before he was a policy advisor for Governor Tom Vilsack and Lieutenant Governor Sally Pederson. More recently, I’ve closely observed his work on renewable energy and clean water issues through our mutual involvement in Iowa environmental circles. I’m an active supporter of the non-profit Environmental Law & Policy Center, where Mandelbaum is a staff attorney. Last year Midwest Energy News named Mandelbaum to its “40 Under 40” list of list of “emerging leaders” working on “America’s transition to a clean energy economy.” He was one of only two Iowans to receive that recognition.

Even if I couldn’t personally vouch for Mandelbaum’s talent and work ethic, I would be excited to see a progressive willing to take on this incumbent. Hensley’s 2015 vote to extend a tax abatement program was indirectly a vote to benefit her employer. Timothy Meinch reported for the Des Moines Register at the time that the city attorney “warned of an ‘appearance of impropriety’ and ‘potential of a conflict of interest’” before Hensley “cast a pivotal vote in favor of developers.” Des Moines Cityview’s Civic Skinny column explained here how Hensley’s deciding vote benefited Midwest Housing Equity Group, “an Omaha-based firm that syndicates and sells tax credits from developers” where she “is a director and paid consultant.”

Hensley has given Des Moines residents plenty of other reasons to look for new representation. Mandelbaum covered several of them in the remarks I transcribed below. Her most egregious act was joining the small board of directors of the Orwellian-named Iowa Partnership for Clean Water. This advocacy organization grew out of the Iowa Farm Bureau’s desire to discredit the Des Moines Water Works, which delivers drinking water to half a million central Iowans, including all of Hensley’s constituents. My theory is that Hensley hitched her wagon to this cause in the hope of becoming Cedar Rapids Mayor Ron Corbett’s running mate in the 2018 race for governor. Whatever her motives, she chose to stand with Big Ag against her own city’s utility, despite evidence connecting farm runoff with high nitrate levels and toxic algae blooms that threaten the local water supply.

This year Hensley urged the city council to support legislation that would disband the Des Moines Water Works. The bill is widely understood to be retribution for the Water Works lawsuit against drainage districts in northwest Iowa (see the first part of this post). Mandelbaum spoke against House File 484 at a public hearing earlier this month; scroll down to view the video.

Taking on an entrenched incumbent is always an uphill battle, especially for a first-time candidate. Hensley will raise a ton of money. Even so, this race is winnable for Mandelbaum. City council elections are low-turnout affairs. Hensley didn’t have a challenger in 2005 or in 2009 and defeated Cal Woods by 3,536 votes to 2,248 four years ago.

Ward 3 “has an overwhelming Democratic registration advantage and has a D+20 performance index,” Pat Rynard noted last month. The Water Works issue alone is highly salient for Des Moines residents. A large number of teachers and public workers live on the west and south sides of Des Moines, as do many progressives interested in economic and social justice. If Mandelbaum can tap into outrage over statehouse Republicans destroying collective bargaining rights and lowering the minimum wage in Polk County, don’t bet against him turning out a few thousand Democrats who have never voted in a local election before. He won’t be able to match Hensley’s fundraising, but with Pederson and former Attorney General Bonnie Campbell co-chairing his campaign, he should raise enough money to get his message out to Ward 3 residents.

This race will be one of the most important local elections in central Iowa this November. Please spread the word.

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Branstad's office withholds invitation list for collective bargaining bill signing

Governor Terry Branstad’s staff have rebuffed repeated efforts to obtain a list of those invited to watch the governor sign sweeping changes to Iowa’s collective bargaining law last month.

Going against longtime standard practice for high-profile legislation, Branstad excluded reporters from attending what staff called a “private” event. Drew Klein, state director for Americans for Prosperity, later posted a picture of himself shaking the governor’s hand at the bill signing. The large number of pens on the governor’s desk suggest that many others celebrated the historic move to take rights away from an estimated 180,000 public workers.

Jodie Butler was determined to find out who else was in that room.

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Fixed it for ya: An update and correction to Bobby Kaufmann's newsletter about Iowa's voter ID bill

Local activist Lauren Whitehead wasn’t fooled by an Iowa House Republican’s spin on House File 516, the voter suppression bill. See also John Deeth’s take on Kaufmann’s “worse than cynical” newsletter. -promoted by desmoinesdem

State Representative Bobby Kaufmann has made it clear that he is swamped with emails and other duties, so in the interest of participatory government, I’ve taken it upon myself to help him by correcting a few errors that appeared in his recent Your Capitol Voice newsletter, which focuses on the voter ID bill that is making its way through the Iowa legislature, because integrity is very important to him.

Please see below for the corrected version, and the text of the original at the bottom.

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