# State Legislature



Quentin Stanerson retiring, creating open seat in Iowa House district 95

Republican State Representative Quentin Stanerson will not seek a third term in Iowa House district 95, he announced on Facebook today (hat tip to Iowa Public Radio’s Clay Masters). Rumors of Stanerson’s plans to retire have circulated for some time. The high school teacher was reportedly unhappy with Iowa House leaders’ hard line on education spending and was one of only two House Republicans to support Democratic efforts to override Governor Terry Branstad’s education funding vetoes this summer.

House district 95 covers a large area in Linn County outside the Cedar Rapids metro, as well as some rural precincts in Buchanan County. I enclose below a district map and the press release announcing Stanerson’s decision.

This seat should be a top target for Democrats, who currently hold only 43 of the 100 Iowa House seats. As of December 2015, House district 95 contained 5,906 active registered Democrats, 6,082 Republicans, and 8,300 no-party voters according to the Iowa Secretary of State’s office. The last time this district was open, Stanerson defeated Kristin Keast by just 200 votes in the sixth-closest result of the 2012 Iowa House races. Stanerson won a second term by a more comfortable margin in his rematch with Keast, thanks to the smaller midterm electorate and the Republican wave year. I am not aware of any declared Democratic candidate here for next year’s election.

Voters in House district 95 favored Barack Obama over Mitt Romney by 52.01 percent to 46.69 percent in 2012, very close to Obama’s statewide margin of victory. Joni Ernst outpolled Bruce Braley in last year’s U.S. Senate election by 52.47 percent to 43.73 percent in the House district 95 precincts.

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Iowa House district 21 special election preview: Tom Moore vs. Tim Ennis

Voters will elect a new state representative tomorrow in Iowa House district 21, which covers all of Union and Adams counties, most of Cass County, and some rural areas in Pottawattamie County (see enclosed map). The winner will succeed longtime Iowa House Republican Jack Drake, who passed away in October.

Tom Moore is the GOP candidate here, having won a six-way contest at a special nominating convention easily on the first ballot. I have been unable to find a detailed bio on Moore, but Ian Richardson reported for the Creston News Advertiser that Moore lives in Griswold (Cass County) and is a “retired teacher and former assistant manager for Southwest Iowa Ag in Massena.”

Moore will face Democrat Tim Ennis, a longtime resident of Corning (Adams County) who has held various jobs in the agriculture sector, particularly grain marketing. More background on Ennis is below. He was the 2014 Democratic challenger to Drake.

Although anything can happen in a low-turnout special election, Moore should hold Drake’s seat with little trouble. House district 21 contains more than twice as many registered Republicans as Democrats, according to the latest figures from the Iowa Secretary of State’s office. Mitt Romney outpolled Barack Obama here by 53.64 percent to 45.01 percent in 2012; Joni Ernst crushed Bruce Braley here by a 2:1 margin in the 2014 U.S. Senate race. Also last November, Drake defeated Ennis in the Iowa House race by more than 3,000 votes.

I enclose below a district map and more background on Ennis. UPDATE: Added more information about Moore.

SECOND UPDATE: Moore won the election by 1,409 votes to 853 according to unofficial results. I had to laugh at the comment from Republican State Leadership Committee President Matt Walter: “His victory allows House Republicans to strengthen their majority—proving yet again that Republicans win by running qualified and experienced candidates who connect with voters, even in states twice carried by President Obama.” No, Moore’s victory allows the GOP to maintain the same Iowa House majority (57 to 43 seats), and he won because this is a strongly Republican district.

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Jon Neiderbach ends campaign in Iowa House district 43

Jon Neiderbach announced on Facebook today that he has decided not to run in Iowa House district 43: “We desperately need to fight hard to fix Iowa government, but I came to the conclusion that this wasn’t the best way for me to help make that happen.” He added that he “strongly” endorses fellow Democrat Jennifer Konfrst, “a wonderful candidate with strong connections to HD 43,” and will volunteer for her campaign. Neiderbach was the Democratic candidate for state auditor in 2014 and launched his bid for the Iowa House this September.

Incoming Iowa House Majority Leader Hagenow will be favored to win a fifth term here. His campaign will have virtually unlimited financial resources, and for decades, voters in this part of the Des Moines suburbs have elected Republicans to the state legislature. However, Hagenow is far more conservative than most of those predecessors. In addition, as Bleeding Heartland has noted before, Hagenow won re-election by fewer than two dozen votes in the last presidential election cycle, after Republicans spent heavily on negative tv ads that Democrats left unanswered. He won by fewer than 100 votes in 2008.

House district 43 leans slightly to the GOP on paper, with 6,673 active registered Democrats, 7,416 Republicans, and 5,981 no-party voters, according to the latest figures from the Iowa Secretary of State’s office. President Barack Obama outpolled Mitt Romney in these precincts by 50.6 percent to 48.3 percent, smaller than his statewide winning margin. Then again, Joni Ernst beat Bruce Braley by only 2 percent in HD-43, a lot less than her 8-point victory in the 2014 U.S. Senate race.

Any comments about potentially competitive Iowa House races are welcome in this thread. I enclose below a map of House district 43. Click here for background on Konfrst, who is on the web at JenniferKonfrst.com as well as on Facebook and Twitter.

Final note: few Iowans in either party know more about the inner workings of state government than Neiderbach, who worked in the non-partisan Legislative Fiscal Bureau for fourteen years and as a management analyst for the Iowa Department of Human Services for fifteen years after that. He would be a valuable asset to any Democrat’s efforts to improve state budgeting and operations.

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Iowa House district 67 preview: Ashley Hinson vs. Mark Seidl

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Television reporter and former KCRG morning show anchor Ashley Hinson emerged today as the likely Republican nominee in the Iowa House district that outgoing Speaker Kraig Paulsen is vacating. Paulsen announced in August that he would not seek another term in House district 67. Instead, he will take up a newly-created senior position at Iowa State University next year.

Hinson is on Twitter here and has a campaign website and Facebook page. At this writing, HinsonforHouse.com says little about political priorities; there’s no issues page or even a full bio of the candidate. The blurb on the front page offers a vague call to “stand up” against “politics as usual” and a promise to “make sure that everyone feels heard and is heard in Des Moines.” Hinson’s working campaign slogan appears to be “Trusted. Proven. Leader.”

Democrat Mark Seidl made his campaign in House district 67 official earlier this month. He unsuccessfully challenged Republican State Representative Renee Schulte in 2010 and ran against Paulsen in 2012. I am not aware of a Seidl campaign presence on Twitter or Facebook, but the candidate’s website is here. The issues page consists of bullet points on improving the business climate in Iowa, creating well-paid jobs, supporting education, balancing the budget, and maintaining “Iowa’s leadership in renewable energy.”

I enclose below a map of House district 67, details about the district’s political make-up and recent voting history, and background on Hinson and Seidl.

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Iowa Senate district 30 preview: Jeff Danielson vs. Bonnie Sadler

A Republican challenger to three-term State Senator Jeff Danielson in Iowa Senate district 30 emerged last week. Bonnie Sadler is on Facebook here and on Twitter here. Danielson has a campaign website as well as a Facebook page and Twitter feed.

Danielson was the Iowa legislative incumbent re-elected by the narrowest margin in 2008, beating Walt Rogers by just 22 votes out of more than 32,000 cast. Although Danielson won his third term by a somewhat larger margin in 2012, Republicans are still likely to target this race as one of their top two or three pickup opportunities. The Republican State Leadership Committee has committed to play for the Iowa Senate majority in 2016. Democrats currently control the chamber by 26 votes to 24.

I enclose below a map of Senate district 30, a review of its voter registration numbers and recent voting history, background on both candidates, and first thoughts on what should be a central issue during next year’s campaign.

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Incoming Iowa House Speaker promises to fund education "early," not fund Planned Parenthood

Incoming Iowa House Speaker Linda Upmeyer says the majority House Republican caucus will handle education spending early during the 2016 legislative session, and will likely not approve funding for Planned Parenthood clinics in Iowa. I recommend reading Erin Murphy’s whole interview with Upmeyer, which appeared in the Quad-City Times on Sunday. Follow me after the jump for more thoughts on Upmeyer’s comments and how state support for public school districts and Planned Parenthood’s family planning programs may play out next year.

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Preview of an Iowa House district 7 rematch: Tedd Gassman vs Dave Grussing

Democrat Dave Grussing announced earlier this month that he will challenge two-term Republican State Representative Tedd Gassman again in Iowa House district 7, which covers Emmet and Winnebago counties plus half of Kossuth County on Iowa’s northern border. A detailed district map is below, along with background on both candidates. Grussing’s campaign is on the web at Grussing for Iowa House and on Facebook here. His key campaign issues include job creation for rural Iowa, more funding for K-12 schools and community colleges, “encouraging veterans and military retirees to locate in Iowa,” and raising the minimum wage. Grussing has also expressed concern about Governor Terry Branstad’s unilateral decision to close two in-patient mental health institutions and privatize Medicaid.

House district 7 has been one of the most competitive state legislative districts in recent election cycles. Democrat John Wittneben defeated Republican Lannie Miller in an open-seat race by just 32 votes in 2010. That campaign likely would have ended differently if Iowa Republican leaders and key GOP-leaning interest groups such as the Iowa Farm Bureau Federation and the Iowa Association of Business and Industry had not left Miller behind. Redistricting following the 2010 census made House district less friendly territory for a Democrat, and Wittneben lost his 2012 re-election bid to Gassman by just 44 votes.

House district 7 leans Republican, with 5,269 active registered Democrats, 6,323 Republicans, and 8,307 no-party voters, according to the latest figures from the Iowa Secretary of State’s office. Voters living in the district supported Mitt Romney over Barack Obama by 51.82 percent to 46.97 percent in 2012 and favored Joni Ernst over Bruce Braley in last year’s U.S. Senate race by 55.71 percent to 38.56 percent, nearly double Ernst’s statewide margin of victory. Grussing’s challenge to Gassman was one of seven Iowa House races the progressive group Democracy for America targeted last cycle, probably because of Gassman’s narrow win in 2012. But Gassman easily won by more than 1,700 votes.

Even in a presidential election year, when more Democrats turn out to vote, Grussing will need to outperform the incumbent substantially among independents and win some crossover Republican votes. That’s not an insurmountable task for a hard-working candidate, though. Especially since Gassman promised during the 2014 campaign to “support education at all levels,” saying “his first priority would be to approve a supplemental state aid bill for K-12 education.” Although Gassman served as vice chair of the House Education Committee during the 2015 legislative session, to my knowledge he did not speak out for investing more in education as Republican House leaders refused for months to compromise on school funding. Nor did I hear of him criticizing Branstad’s decision to strike nearly $65 million in K-12, community college, and state university funding from the supplemental spending bill lawmakers approved. Gassman certainly didn’t try to override Branstad’s vetoes. Grussing should remind voters frequently that their elected representative stood by while the governor blew a hole in the budgets of K-12 school districts and Iowa Lakes Community College in Emmetsburg.

In addition, for lack of a more tactful way to say this, Gassman is kind of weird. He has often put himself way outside the mainstream, even in his own party. For instance, during an Iowa House subcommittee hearing to consider his 2013 bill to end no-fault divorce for couples with children under age 18, Gassman speculated that his daughter and son-in-law’s divorce put his 16-year-old granddaughter at risk of becoming “more promiscuous.” Only six of his fellow Iowa House Republicans co-sponsored that no-fault divorce bill. The same year, Gassman was among just ten GOP state representatives to co-sponsor a bill that would have banned county recorders from issuing marriage licenses to same-sex couples “until such time as an amendment to the Constitution of the State of Iowa defining marriage as the legal union of one man and one woman is submitted to the electorate for ratification.” The bill was clearly unconstitutional and would have created a circus like what Kentucky experienced this summer, thanks to rogue county clerk Kim Davis.

Gassman’s not a strong fundraiser, although his campaign disclosure reports for 2013 and 2014 (see here, here, and here) show that he receives a fair amount of “free money” from political action committees that give the same amount to dozens of state lawmakers. During the 2014 campaign, Grussing benefited from a number of labor union PAC donations, which will likely come through again if he can demonstrate he is running an active campaign.

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Iowa Utilities Board Chair Geri Huser's disturbing power play

In an unprecedented and “perhaps illegal” step, Iowa Utilities Board Chair Geri Huser is “withholding funding from the state’s renewable energy research center until its leaders satisfy her questions about its programs and finances,” Ryan Foley reported today for the Associated Press.

Huser’s overreach reflects a serious misunderstanding of her role as a member of the Iowa Energy Center’s advisory council. Her power play also raises questions about why Huser would go to such extraordinary lengths to disrupt activities at a center that has been promoting energy efficiency, conservation, and renewable technologies for nearly 25 years.

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New poll is testing messages and attitudes about the University of Iowa

A poll in the field this week is measuring Iowans’ views of the University of Iowa and whether certain changes would increase the perceived value of a degree from the university. The phrases enclosed below reflect what one respondent was able to recall from the survey, which lasted approximately 15 minutes.

I hope to update this post with much more detail about the question wording. If you receive this call (or any message-testing poll), please take notes and send them to the e-mail address at the bottom right of the Bleeding Heartland front page.

The survey included at least one question about the performance of the University of Iowa’s new president, Bruce Harreld. In interviews with Iowa Public Television and Iowa Public Radio today, Harreld said he has been “building trust” by meeting with as many stakeholders on campus as possible. He also endorsed a plan to seek more state funding for the university next year. Jeff Charis-Carlson reported for the Iowa City Press-Citizen on November 6 that the “faculty vitality” proposal would provide $4.5 million for recruiting new faculty and increasing salaries of tenure-track faculty during the 2017 fiscal year. Iowa Board of Regents President Bruce Rastetter orchestrated adding $4.5 million to the budget request for the University of Iowa a few days after the regents hired Harreld. The move was widely perceived as an effort to placate those who disapproved of the hiring before a scheduled meeting of the Faculty Senate. Iowa Public Television’s “Iowa Press” program will broadcast the full episode with Harreld this Friday and Sunday.

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Ray Zirkelbach becomes fourth Democrat to run for U.S. Senate--but why?

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Former State Representative Ray Zirkelbach is officially exploring a candidacy for U.S. Senate in 2016, James Q. Lynch reported for the Cedar Rapids Gazette on November 7.

Although the field is getting crowded — former legislators Bob Krause of Fairfield and Tom Fiegen of Clarence, and State Sen. Rob Hogg of Cedar Rapids have all entered the race — Zirkelbach, 37, believes he’ll be the Democratic Party’s best candidate to defeat [Senator Chuck] Grassley. His ideas will set him apart from the others, Zirkelbach said. […]

“It’s about progress,” he said.

First elected to the Iowa House in 2004, Zirkelbach served three terms before losing his 2010 re-election bid. He missed the 2006 and 2007 legislative sessions, because his Iowa Army National Guard unit had been called up to serve in Iraq.

I have not seen a website or Facebook page for Zirkelbach’s U.S. Senate exploratory committee yet, but will update this post as needed. In lieu of an up to date official bio, I have posted the “member profile” that appeared on the Iowa House Democrats website during Zirkelbach’s third term. Zirkelbach’s Twitter account hasn’t been active since 2009; his personal Facebook feed is here.

I struggle to understand why Zirkelbach would run for Senate when we already have three progressive Democrats in the field, including one (Hogg) with a much stronger background of legislative accomplishments.

Meanwhile, to my knowledge, Democrats have no declared candidate against GOP State Representative Lee Hein in Iowa House district 96, where Zirkelbach lives (a map is at the end of this post). Hein defeated Zirkelbach in the 2010 wave election, and Democrats didn’t field a challenger against him in 2012 or 2014. Taking on the incoming House Agriculture Committee chair would be a long-shot race; House district 96 leans to the GOP with 4,386 active registered Democrats, 5,761 Republicans, and 8,483 no-party voters according to the latest figures from the Iowa Secretary of State’s office. But Zirkelbach would be much better positioned to defeat Hein than Grassley.

UPDATE: Pat Rynard spoke to Zirkelbach about his Senate bid. Added excerpts to that post below.

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Claire Celsi challenging Peter Cownie in Iowa House district 42

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Claire Celsi announced on Monday that she is running against Republican State Representative Peter Cownie in Iowa House district 42, which covers most of West Des Moines in Polk County. A detailed district map is below, along with background on both candidates. Celsi’s campaign is on the web at Claire4Iowa.com and on Facebook here. Celsi is also on Twitter. Her key campaign promises are to “fight for strong public education, protecting our environment and for sensible economic development that includes the district’s small business owners in the mix.”

House district 42 is relatively balanced politically, with 6,242 active registered Democrats, 7,097 Republicans, and 6,676 no-party voters, according to the latest figures from the Iowa Secretary of State’s office. The HD-42 precincts voted slightly more Republican than Iowa did as a whole in the 2012 presidential election, giving Barack Obama 49.85 percent of the vote while Mitt Romney won 48.83 percent. On the other hand, Joni Ernst outpolled Bruce Braley here in the 2014 U.S. Senate race by a little less than her winning margin statewide: 51.55 percent to 45.51 percent.

Cownie outperformed the top of the Republican ticket in the last two general elections, winning 56.61 percent of the vote in 2012 and 60.17 percent of the vote last year. He comes from a well-connected family in Polk County, which helped him raise far more money than a typical Iowa House incumbent for his 2012 and 2014 re-election campaigns. Cownie spent very little of those funds on his own race, kicking most of the cash over to the Republican Party of Iowa and its Eisenhower Club for use in other statehouse contests.

First elected in 2008 to replace retiring Republican lawmaker Libby Jacobs, Cownie has chaired the House Commerce Committee since 2013 and led the State Government Committee for two years before that. He is not what you’d call a workhorse at the Capitol. He has co-sponsored various bills and resolutions, but I’m not aware of any particular legislative achievements or causes he has tried to advance. Although many moderate Republicans live in West Des Moines, I can’t think of a time Cownie voted independently from his caucus or stuck his neck out to advocate a less conservative stance on a high-profile issue. For instance, even though he represents an LGBT-friendly district and is of a generation that mostly supports marriage equality, Cownie voted just like everyone else in the GOP caucus for a constitutional amendment to ban same-sex marriage in 2011. (He opted not to co-sponsor the marriage amendment in subsequent legislatures, but to my knowledge he has never spoken out for equal marriage rights.) Nor did Cownie criticize, let alone try to over-ride, Governor Terry Branstad’s education funding vetoes this summer, which blew a $1 million hole in the West Des Moines school district’s budget after the start of the current fiscal year.

Cownie was rumored to be interested in the House speaker’s chair in 2013, but when the position became available this summer, he did not put his name in as an alternative to Linda Upmeyer.

Iowa House Democratic leaders have not made this district a top target in the past. However, Celsi has been involved with enough Democratic campaigns to understand what successful candidates need to do. If she can raise enough money to run a credible effort, HD-42 could become a targeted race. At the very least, Cownie will need to spend more of his energy and money on his own turf. I consider Celsi a friend and will make time to volunteer for her campaign next year, when I’m not knocking doors for the Democratic nominee in my own House district. (Jennifer Konfrst and Jon Neiderbach are competing for the chance to take on House Majority Leader Chris Hagenow in HD-43.)

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Iowa Senate district 26 preview: Mary Jo Wilhelm vs. Waylon Brown

After several months of recruiting efforts, Republicans finally have a candidate willing to run against two-term State Senator Mary Jo Wilhelm in Iowa Senate district 26. This race is among a half-dozen or so contests that will determine control of the upper chamber after the 2016 elections. Since Iowans elected Governor Terry Branstad and a GOP-controlled state House in 2010, the 26 to 24 Democratic majority in the state Senate has spared Iowa from various disastrous policies adopted in states like Kansas, Wisconsin, Michigan, Ohio, and Pennsylvania. Of the senators who make up that one-seat majority caucus, Wilhelm was re-elected by the narrowest margin: 126 votes out of nearly 31,000 cast in 2012.

I enclose below a map of Senate district 26, a review of its voter registration numbers and recent voting history, and background on Wilhelm and challenger Waylon Brown. Cautionary note: although Brown is the establishment’s pick here, he is not guaranteed to win the nomination. “Tea party” candidates won some upset victories in the 2012 Iowa Senate Republican primaries, notably Jane Jech against former State Senator Larry McKibben in Senate district 36 and Dennis Guth against former State Senator James Black in Senate district 4.

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A better use of Jim Webb's time than running for president as an independent

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Former U.S. Senator Jim Webb ended his campaign for the Democratic presidential nomination today. Warning that “The very nature of our democracy is under siege due to the power structure and the money that finances both political parties,” Webb said he will spend the next few weeks deciding whether to run for president as an independent. He still believes he “can provide the best leadership” to meet the country’s challenges and intends “to remain fully engaged in the debates that are facing us.”

Former New Mexico Governor Gary Johnson, who was the Libertarian Party’s presidential nominee in 2012, recently estimated that getting on the ballot in all 50 states would cost about $8 million and would require a lot of organizational work. Webb asserted today, “I have no doubt that if I ran as an independent we would have significant financial help.” But his presidential campaign raised less than $700,000 during the entire third quarter. Nor did Webb build much of an organization, even in the early-nominating states.

Webb could devote the next year to seeking ballot access and public attention, winning a few percent of the vote in the best-case scenario. Or, he could influence a salient public policy debate that is close to his heart with a much smaller investment of his time and other people’s money.

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Weekend open thread: Strange courtroom pronouncements edition

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

Former State Senator Kent Sorenson testified this week in the trial of two former Ron Paul presidential campaign aides. (A judge dismissed charges against a third man who had been indicted in the same case.) After initially claiming to be the victim of a “straight-up political witch hunt,” Sorenson eventually pled guilty to federal charges related to accepting hidden payments. He had been negotiating with Paul’s operatives for months on a price for changing his allegiance from presidential candidate Michele Bachmann to Paul less than a week before the Iowa caucuses.

Russ Choma wrote up Sorenson’s testimony for Mother Jones, and Grant Rodgers has been covering the trial for the Des Moines Register. On Thursday, Sorenson testified that he was upset when some staffers for Michele Bachmann’s campaign treated him “like a leper,” after he revealed that he had considered switching to Paul and was offered money to do so. Dude, what did you expect? Asking to be paid for a presidential endorsement should get a person shunned from polite society. People with leprosy should take offense at being compared to a guy like you.

Sorenson said in court the next day that going into politics was “a waste of my life, and I wish I had not done it.” I would guess a large number of Iowans in both parties also wish he had never gotten involved with politics.

Ten days ago, Polk County District Court Judge Douglas Staskal heard arguments in a case challenging Governor Terry Branstad’s veto of funding for two in-patient mental health facilities his administration decided to close earlier this year. In one exchange, Deputy Attorney General Jeffrey Thompson asserted that the governor could theoretically shut down the state’s court system by exercising his veto power to reject all appropriated funds for the judiciary. He noted that the constitution gives state lawmakers power to override a governor’s veto (through a two-thirds majority vote in both the Iowa House and Senate), and courts should not take on that role if legislators decline to do so.

I would like to hear attorneys’ opinions on whether the governor’s veto power extends so far. Can the governor eliminate virtually any part of state government by blocking appropriations for it, as long as at least one-third plus one member of one chamber of the legislature will back up his political agenda?

I’ve posted excerpts from these reports after the jump.

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Special election in Iowa House district 21 will be on December 8

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Today Governor Terry Branstad scheduled a special election in Iowa House district 21 for Tuesday, December 8. Voters will elect a successor to longtime State Representative Jack Drake, who passed away last weekend.

Iowa House district 21 covers all of Union and Adams counties, most of Cass County, and some rural areas of Pottawattamie County. A detailed map is after the jump. Like most of southwest Iowa, it leans heavily Republican. The latest figures from the Iowa Secretary of State’s office indicate that House district 21 contains 3,720 active registered Democrats, 8,256 Republicans, and 7,401 no-party voters. Mitt Romney carried 53.64 percent of the vote here in the 2012 presidential election, and Joni Ernst (who is from nearby Montgomery County) won 63.75 percent of the votes in House district 21 in last year’s U.S. Senate race.

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Throwback Thursday: The road not taken on Iowa's "Ag Gag" law

A U.S. District Court ruling in August inspired today’s edition of Throwback Thursday. That ruling struck down an Idaho law making it a crime to lie to obtain employment at an agricultural facility, among other things. Iowa was the first state to adopt what critics call an “ag gag” law, aimed at making it harder for animal rights or food safety activists to obtain undercover recordings at farms or slaughterhouses. Idaho’s law went further than the bill Governor Terry Branstad signed in 2012; for instance, the Idaho statute also banned unauthorized audio or video recordings at a livestock farm or processing facility. Still, to this non-lawyer, some passages of federal Judge Lyn Winmill’s ruling (pdf) suggested that Iowa’s prohibition on “agricultural production facility fraud” might also violate the U.S. Constitution, specifically the First Amendment’s free speech clause and the Fourteenth Amendment’s equal protection clause.

Bleeding Heartland posted relevant excerpts from the Idaho ruling here, along with a brief legislative history of House File 589.

I sought Governor Terry Branstad’s comment on the court ruling and whether Iowa lawmakers should amend or rescind the language in Iowa Code about “agricultural production facility fraud.” In response, the governor’s communications director Jimmy Centers provided this statement on August 6:

House File 589 passed with bipartisan support and under the advice and counsel of the Attorney General’s office. The governor has not had the opportunity to review the ruling from the federal court in Idaho and, as such, does not have a comment on the case.

“Under the advice and counsel of the Attorney General’s office” didn’t sound right to me. When I looked further into the story, I learned that the Iowa Attorney General’s office neither recommended passage of this law nor signed off on its contents.

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Republicans not giving up efforts to defund Planned Parenthood in Iowa

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Iowa’s social conservatives have suffered several setbacks lately in their crusade against Planned Parenthood. The Iowa Supreme Court unanimously struck down an administrative rule that would have banned the use of telemedicine for medical abortions in several Planned Parenthood clinics. Iowa Attorney General Tom Miller informed a large group of Republican lawmakers 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.” (Not that it mattered, since Planned Parenthood clinics in Iowa have never participated in fetal tissue donation programs.)

Governor Terry Branstad, who has always opposed abortion rights, acknowledged two weeks ago that “we cannot defund Planned Parenthood,” because a review of Planned Parenthood’s contracts with the state revealed that the health care provider has not “violated their responsibilities under the grants that they have received” for family planning services. An official review also confirmed no taxpayer money goes toward abortion services at Planned Parenthood clinics in Iowa.

During this year’s legislative session, Republicans successfully pushed for ultrasound requirements for women seeking abortions, but the final adopted language on ultrasounds did not add any new roadblocks or delays to the process of getting an abortion in Iowa.

Advocacy groups like Bob Vander Plaats’ FAMiLY Leader organization continue to pressure Branstad to keep his 2010 campaign promise to end Planned Parenthood’s state funding. Last week, Iowa House Republicans indicated that they plan to continue their “deliberate and unwavering battle” for the “pro-life” agenda.

Here’s how efforts to defund Planned Parenthood are likely to play out during next year’s Iowa legislative session. What happens after that depends mostly on whether the 2016 general election changes the balance of power at the statehouse.

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Iowa Republican lawmakers not eager to block Branstad's latest power grab

Among the many examples of corporate cronyism Governor Terry Branstad’s administration has provided these past five years, getting the Iowa Department of Revenue and Finance to rewrite tax code without legislative approval “on behalf of the Iowa Taxpayers Association” is among the most brazen.

Not only does this unprecedented use of the rule making process usurp legislative authority, it may end up being more expensive than “the worst economic development deal in state history.” At least tax incentives benefiting Orascom (for a fertilizer plant the company would have built anyway) have an end point. The Iowa Department of Revenue’s proposed sales tax cut for manufacturers will cost the state of Iowa tens of millions of dollars in revenue every year, indefinitely.

Democratic state lawmakers weren’t happy that the Branstad administration unilaterally decided to let private insurance companies manage the state’s Medicaid program, especially since some corporate representatives were briefed on that managed care plan long before state officials informed lawmakers or the general public. But state lawmakers didn’t have a way to block the Medicaid privatization.

In contrast, the Iowa House and Senate could stop the Iowa Department of Revenue’s proposed rule and thereby assert the authority of the legislative branch to approve tax code changes. Alas, signs from Tuesday’s meeting of the legislature’s Administrative Rules Review Committee (ARRC) point to House Republicans going along with the Branstad administration’s ”serious overreach of executive power.”

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Governor Cuts Taxes Without Legislative Approval After Vetoing Iowa School Funds

(Many thanks for this analysis of the latest abuse of executive power by the Branstad administration. The author is a partner at Iowa School Finance Information Services and a former staffer for the non-partisan Legislative Services Agency. - promoted by desmoinesdem)

The Iowa Department of Revenue and Finance (IDORF) has proposed new administrative rules, effectively providing a tax cut worth tens of millions of dollars for Iowa manufacturers.  Absent a legislative response, the rule goes into effect January 1, 2016.

https://rules.iowa.gov/Notice/…

This is a serious overreach of executive power. The complexity of the issue, coupled with the unquenchable desire by the party in power to reduce taxes on business, provide the perfect climate to give a tax cut to manufacturers of some amount between $35 million to $80 million, perhaps more. This is an ongoing tax cut of increasing value. This action should be weighed against the Governor’s veto of $55.6 million of education funding….one-time education funding….because the State of Iowa ostensibly could not afford it.

And what is the stated purpose of this rule change? According to the notice, the rules are the “subject of a substantial confusion and controversy.” Furthermore, the change will eliminate “administratively burdensome distinctions…”

Periodically, a taxpayer will contest a ruling and win in court. When that happens, the Department provides a rule change that brings its practices in harmony with current law. That is not what is happening here. The Department is not losing cases in defense of the law. It simply finds the effort administratively burdensome.

How burdensome? The Department has identified 1,500 hours costing $85,000 that is required to enforce the Code of Iowa. That represents 0.24% of the revenue the Department claims to collect from this tax, and probably a lower percentage than that, for reasons discussed below. Interestingly, the Department’s budget is $17.8 million. They collect $8.4 billion in taxes. Their entire budget is 0.21% of each dollar collected. The Department should be commended for the efficiency with which it collects these complicated sales taxes owed by businesses to the State of Iowa.

A little historical context is in order. Generally speaking, manufacturers do not pay sales tax on machinery and equipment, supplies, and replacement parts that are part of the “value-added” process. Machinery and equipment was removed from the property tax roles in the late 1990s, a tax benefit of over $200 million, primarily to manufacturers. Most of this equipment is already exempt from sales tax. This latest administrative action continues the drip drip drip of the erosion of the tax base.

Normally, when the Governor wants to provide a tax cut to businesses or individuals, he makes a recommendation to the Legislature. The Senate and the House work out the details, and send a bill to the Governor to sign. That’s how it worked when they cut property taxes for commercial property owners by $200 million two years ago. That’s how it worked when they cut $200 million in property taxes for business in the late 1990s. That’s how it worked when they cut the sales tax on bailing twine, computers purchased by insurance companies with more than 50 employees, supplies purchased by greenhouses, or my personal favorite, the tax on sales of “tangible personal property sold to a nonprofit organization which was organized for the purpose of lending the tangible personal property to the general public for use by them for nonprofit purpose.”

The issues related to the tax itself are complicated. And the roles of the three branches of government in the execution of the sales tax are complicated as well. This combination makes it difficult to engage in a widespread public policy debate with anything beyond the soundbites. Soundbites, which in this case, are true. Namely, the Governor’s actions demonstrate that the State has enough money to give business a $365 million tax cut over the next ten years, but doesn’t have $55.6 million for schools, one time.

For those requiring a little more Inside Baseball, three factors need to be explored. First, do we really know how much this exemption will cost? Second, an explanation of why this rule is beyond the scope of the Department’s administrative authority. Third, a discussion of the process by which this rule will be implemented or overturned.

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Rest in peace, Jack Drake

State Representative Jack Drake passed away this weekend at the age of 81. He had been the longest-serving Iowa House Republican, representing parts of southwest Iowa since his first election in 1992. His current district (House district 21) covers all of Union and Adams Counties and parts of Cass and Pottawattamie Counties. Since the Republicans regained the Iowa House majority in the 2010 elections, Drake had chaired the Agriculture and Natural Resources Appropriations Subcommittee. Iowa House Speaker-Select Linda Upmeyer said in a statement today, “Iowa lost a dedicated public servant with the passing of Rep. Jack Drake. […] During his time in the Iowa House, Jack was a leader and trusted resource on agricultural issues which are so important to the State of Iowa. As the most senior member of the House Republican Caucus, his expertise and guidance will be sorely missed.”

I have never met Drake, but by all accounts he was a wonderful person to work with. The word “kind” came up again and again today in my conversations with people who interacted with him, either as fellow lawmakers or as advocates.

Former State Representative Frank Wood, who was the ranking Democrat on Drake’s appropriations subcommittee in 2013 and 2014, told me he was “shocked” by the news and said Drake would be “sorely missed.” Wood “thought very highly of him when I worked with him. He always kept me in the know of what was going on and what his limitations were” in terms of the budget targets. Democrats often requested additional funding for various programs, and according to Wood, Drake “understood and flat-out told me, if I had more money, I would definitely put it in those areas.” During the 2014 legislative session, when environmental advocates and a bipartisan group of lawmakers fought for extra funds for the Resource Enhancement and Protection (REAP) program, Drake was generally supportive. (The legislature approved record funding for REAP that year, but Governor Terry Branstad vetoed part of the money.) Wood also described Drake as “a gentle giant” and “a very non-partisan individual.” He toted the Republican line, but was “very pleasant to work with. I don’t think he had a mean bone in his body.”

State Representative Scott Ourth, the ranking Democrat on the Agriculture and Natural Resources Appropriations Subcommittee during this year’s legislative session, told me, “What a sad day it is. Jack and I struck up a fast friendship right from the get go. He was very fair, an honest guy to work with, willing to compromise where his leadership would allow him to.” He “never stood in the way” of Ourth advocating for REAP funding or other Democratic priorities. Echoing Wood’s sentiments, Ourth described Drake as “a loving, kind, and generous man” and an elected official out of “the old school” with “no partisan divisiveness.” He was willing to work “with anyone and everyone” at the statehouse. Ourth summed up that he had “nothing but good things to say about that man” and would “miss him terribly.”  

Ourth also mentioned that since June, he has been working long hours in Drake’s district for a subcontractor on a large MidAmerican Energy wind farm project. (64 wind turbines are going up between Corning and Lennox in Adams County.) During these months, Ourth has talked with many of Drake’s constituents, who invariably said “what a great guy they thought he was” and how well he represented their district.

State Representative Chuck Isenhart, who also served on Drake’s subcommittee and is the ranking Democrat on the House Environmental Protection Committee, told me today, “Jack Drake was a kind and soft-spoken man.” He added that Drake “offered crucial, public bipartisan leadership to the establishment of Iowa’s local farms and food initiative in 2010, and has been a reliable supporter of the program ever since.”

With Drake’s passing, the most senior members of the Iowa House Republican caucus are Health and Human Services Appropriations Subcommittee Chair Dave Heaton and Transportation, Infrastructure and Capitals Appropriations Subcommittee Chair Dan Huseman, both of whom were first elected in 1994.

Two Iowa metros on list of ten "worst cities for black Americans"

The Des Moines metro area has made plenty of “best places” lists during the last five years, but Chamber of Commerce types won’t be bragging about the top ten ranking that appeared last week. After examining “the disparities between white and black Americans in several economic and social measures” across the country, Thomas C. Frohlich and Sam Stebbins of the 24/7 Wall St. website “identified the 10 worst cities for black Americans.” The authors noted, “Four of the cities with the worst racial inequality are in Illinois, two are in Iowa, and all are in the Midwest.”

Follow me after the jump to learn why the Des Moines metro area ranked ninth and the Waterloo/Cedar Falls metro area tenth on this list.

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Iowa House Speaker Upmeyer plans to deal with education funding "quickly"

During this year’s legislative session, Iowa House Republicans refused for months to budge from their initial position on education funding, forcing public school districts to approve budgets for the coming year without knowing how much state aid to expect. Then House Speaker Kraig Paulsen and Democratic Iowa Senate Majority Leader Mike Gronstal finally rolled out a deal on education spending and other state budget issues more than a month past the Iowa legislature’s scheduled adjournment date.

Incoming House Speaker Linda Upmeyer plans to handle things differently, Cristinia Crippes reported for the Waterloo-Cedar Falls Courier, after hearing Upmeyer’s remarks to a group of Republican women in Cedar Falls.  

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Linda Miller retiring, opening up Iowa House district 94

Five-term State Representative Linda Miller will not seek re-election in 2016, Ed Tibbetts reported for the Quad-City Times on October 1. Since Republicans regained an Iowa House majority in 2010, Miller has chaired the Human Resources Committee. She told Tibbetts she wants to retire in order to spend more time with her grandchildren.

Miller represents Iowa House district 94, covering part of the Quad Cities area in Scott County. I’ve enclosed a district map after the jump. The seat leans strongly to the GOP, with 5,520 active registered Democrats, 8,403 Republicans, and 9,608 no-party voters, according to the latest figures from the Iowa Secretary of State’s office. Mitt Romney won nearly 54 percent of the vote in the district in 2012, and Joni Ernst won nearly 58 percent here in last year’s U.S. Senate race. So while Democrats should always contest an open state legislative district, Republicans will be favored to hold Miller’s seat.

The GOP primary to replace Miller bears watching. Tibbetts reported that Bettendorf alderman Gary Mohr will run for this seat, but I doubt he will get a free pass. Scott County Republicans don’t shy away from competitive primaries. Miller knocked off State Representative Joe Hutter here in the 2006 GOP primary, the same year Dave Hartsuch beat sitting State Senator Maggie Tinsman in the Iowa Senate district that covers this area. Hartsuch served a term but lost the 2010 GOP primary to Roby Smith.

I give Miller credit for announcing her plans so early. One of my pet peeves–too common in Iowa on both sides of the aisle–is when entrenched state legislative incumbents keep their retirement plans secret until a day or two before the March filing deadline. In that scenario, only a hand-picked successor or tipped-off party insider has time to reflect on a possible candidacy. Other politically active, talented people in the district might be able to scramble for 50 signatures in a day to submit the necessary paperwork, but they would lack the ability to talk over such a big decision with friends and family.  

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What's the end game for conservation funding in Iowa?

(Thanks to Matt Hauge for flagging this little-noticed but significant shift by the Iowa Corn Growers.   - promoted by desmoinesdem)

(Author note: Thanks to DesMoines Dem for permitting this cross-post originally published on Medium.) 

At its annual policy conference in August, the Iowa Corn Growers Association joined the Iowa Soybean Association in supporting Iowa’s Water and Land Legacy (IWLL), a sales tax increase that would provide in excess of $150 million annually to environmental protection and natural resources in Iowa.

Official support for IWLL from both the corn and soybean organizations is significant because a bill in this year’s legislative session to enact the tax increase, SSB1272 (succeeded by SF504), drew opposition from the Iowa Farm Bureau Federation, the state’s agribusiness lobbying powerhouse.

While it received very little attention in the media, this action by the Corn Growers — just maybe — is a sign that something is changing in a good way for clean water in Iowa.

Even if not, at least the Corn Growers’ decision presents a good opportunity to look at what’s going on as Iowa struggles for better conservation performance of its globally significant soil and water resources.

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Iowa Senate district 16 primary preview: Pam Dearden Conner vs. Nate Boulton

A generational battle is shaping up in the Democratic primary to replace State Senator Dick Dearden, who has represented parts of Des Moines in the legislature since 1995. Dearden recently disclosed plans to retire in 2016. Like last year’s campaign to replace Jack Hatch in Iowa Senate district 17 on the south side of Des Moines, the June primary will determine Dearden’s successor.

Senate district 16 covers heavily Democratic neighborhoods on the east side of Des Moines, and also the growing suburb of Pleasant Hill. A detailed map is after the jump. The latest figures from the Iowa Secretary of State’s Office indicate that the district contains 14,624 active registered Democrats, 6,978 Republicans, and 10,106 no-party voters. Dearden was unopposed in 2004 and defeated his Republican challengers by wide margins in 2008 and in 2012.

More candidates may enter the race later, but for now the primary will pit the incumbent’s daughter Pam Dearden Conner against labor attorney Nate Boulton. Iowa Labor Commissioner and former Secretary of State Michael Mauro endorsed Conner on Facebook this past weekend. She is his administrative assistant and also worked for him in the Polk County Election Office and the Secretary of State’s Office. Many other longtime friends and backers of Senator Dearden have expressed their support for Conner’s campaign on social media.

Nate Boulton is a partner in a law firm that has represented Iowa’s largest pubic employee union (AFSCME) in several high-profile cases against Governor Terry Branstad’s administration. Since last Friday, many Democratic activists in their 20s and 30s have promoted his candidacy on social media. Bouton’s on Twitter here, and his campaign is on Facebook here.

I enclose below press releases from each candidate, containing short biographies and statements of values. Both Conner and Boulton have strong pro-labor credentials and are pledging to support consensus Democratic priorities like education. Boulton’s statement hints at the case he will make in the primary, promising to “be an active and engaged representative of district interests” and to “bring bold progressive ideas and a fresh, energetic style of leadership to the Iowa Senate.” Such phrases allude to the fact that Dearden, while a solid vote in the legislature, has never been at the forefront of progressive fights. In fact, I’m hard-pressed to think of a cause he has led on, besides bringing back dove hunting, which isn’t a partisan issue. Dearden didn’t accomplish that longstanding goal until Governor Terry Branstad was back in office.

Two (or perhaps more) committed candidates working hard to identify and turn out supporters next June can only help Democratic GOTV in the general election. Here’s hoping for a competitive race that doesn’t turn bitter and negative, as happened in Senate district 17 last spring.

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Charles Holz set to replace Chuck Soderberg in Iowa House district 5

Charles Holz won a special nominating convention last night in Iowa House district 5, where former House Appropriations Committee Chair Chuck Soderberg resigned his seat last month. Two Republicans sought the nomination for the November 3 special election. Holz is retired after a long career as a large animal veterinarian in Le Mars; he has also published work in his field. Citing a press release from the Plymouth County GOP, the Sioux City Journal reported earlier this month that Holz “served on the Le Mars school board for 18 years, including two years as board president.” UPDATE: Added below a Republican Party of Iowa statement containing more biographical information.

According to The Iowa Statesman blog, Holz “defeated rural Woodbury County small business owner and homeschool parent Brad Hopp on the first ballot” at the nominating convention.

To my knowledge, no Democrat has announced plans to run for House district 5, which covers all of Plymouth County and some rural areas of Woodbury County. Click here to view a district map. Ideally, Democrats would compete for every state legislative district, but House district 5 is one of the safest for Republicans. Mitt Romney carried 65.9 percent of the presidential vote here in 2012, and Joni Ernst won 71.2 percent of the 2014 votes for U.S. Senate. The district contains 3,819 active registered Democrats, 9,015 Republicans, and 6,697 no-party voters, according to the latest figures from the Iowa Secretary of State’s Office.

Five-term State Representative Pat Grassley is set to replace Soderberg as chair of the Iowa House Appropriations Committee for the 2016 legislative session. Although that’s a plum committee assignment, working out a deal with Iowa Senate Democrats on the state budget will likely be more difficult than usual next year, because of the fallout from Governor Terry Branstad’s latest line-item vetoes. The key Republicans involved in this year’s budget deal-making quit their jobs this summer.

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Dear U of I, backroom dealings are nothing new.

(Many thanks for this detailed analysis of machinations behind the scenes to orchestrate and sell the public on closing the Malcolm Price Laboratory School at the University of Northern Iowa. - promoted by desmoinesdem)

BACKGROUND FOR THE BLEEDING HEARTLAND READER

Malcolm Price Laboratory School was a small K-12 school attached to and operated by the University of Northern Iowa.  MPLS was primarily used by the teacher education program to train teachers.  It was a critical part of UNI, “the teacher’s college”.  Year after year, however, with mounting budget pressures at UNI, talk would take place about closing MPLS.  Tired of this annual worry, supporters of MPLS through the help of their local legislatures, pushed for and obtained legislation creating the Iowa Research & Development School at MPLS.  This group thought the days of threats of closure were over since their existence was now statutory.  In 2012 they found out they were wrong.

In light of the recent events at the University of Iowa regarding the president selection process, I think it appropriate to share a narrative I drafted back in 2012 when UNI closed MPLS and other programs.  It was the fruit of an open records request for email.  The intended audience was the parents and supporters of MPLS.  

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Judge denies motion to dismiss lawsuit over Branstad closing mental health facilities

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

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

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

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

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

Pat Grassley will chair the Iowa House Appropriations Committee

Five-term State Representative Pat Grassley announced on Twitter this morning that he will chair the Iowa House Appropriations Committee. The previous chair, Chuck Soderberg, retired from the legislature last month. I don’t know who else lobbied Speaker-Select Linda Upmeyer for this prize committee assignment, but I will update this post if I learn more.

The grandson of U.S. Senator Chuck Grassley, Pat Grassley was first elected to the Iowa House in 2006. He chaired the House Economic Growth and Rebuild Iowa committee in 2011 and 2012 and has chaired the House Agriculture Committee since the 2013 legislative session. He represents a safe Republican district covering Grundy County and parts of Hardin and Butler counties. Grassley’s most competitive re-election bid was the 2012 Republican primary in House district 50, after redistricting pitted him against then-colleague, State Representative Annette Sweeney.

Many Iowa politics watchers expect Grassley to run for secretary of agriculture in 2018, assuming the current incumbent Bill Northey seeks the Republican nomination for governor.

OCTOBER UPDATE: Upmeyer selected three-term State Representative Lee Hein to chair the House Agriculture Committee for the 2016 legislative session. Hein had previously been one of four assistant majority leaders.  

Jon Neiderbach is second Democrat to challenge Chris Hagenow in Iowa House district 43

This morning Jon Neiderbach officially launched his candidacy in Iowa House district 43. The former Iowa legislative fiscal analyst, Des Moines School Board president, and Democratic nominee for state auditor in 2014 said he is running

because the current Representative from District 43 is financed by special interests and is more interested in advancing his political career than fighting inefficient and ineffective government. Residential property taxes have soared since he has been in office, and education funding has been inadequate.

My experience with the Iowa Legislature and in state and local government allow me to understand how bureaucracy and special interests resist change. I am a fiscal conservative committed to open and transparent government, and I will not be sidetracked by campaign money, other politicians, or building a political career.

Neiderbach’s key issues will be limits on campaign contributions, “accountable government” with no more tax increases or “corporate welfare,” investing more in K-12 education, and reducing student debt. His campaign is on the web here as well as on Facebook and on Twitter @neiderbach2016.

The full news release from Neiderbach is after the jump, along with a detailed map of the district covering Windsor Heights, Clive, and parts of West Des Moines. According to the latest figures from the Iowa Secretary of State’s Office, House district 43 contains 6,678 active registered Democrats, 7,454 Republicans, and 5,954 no-party voters.

Four-term Republican incumbent Chris Hagenow was recently chosen to be the new Iowa House majority leader. Challenging him will be an uphill battle, as Republicans will spare no expense to hold this seat. On the other hand, as Bleeding Heartland discussed here, this once-heavily Republican suburban district has been trending toward swing status. President Barack Obama won 50.6 percent of the vote in 2012 in the HD-43 precincts, while Mitt Romney won 48.3 percent. Joni Ernst beat Bruce Braley by only 2 percent in HD-43–a lot less than her statewide winning margin in the 2014 U.S. Senate race.

Hagenow narrowly won this House seat in 2008, by 93 votes. He had an easy re-election in 2010 but had to spend money on push-polls and negative tv ads to eke out a 23-vote margin over Susan Judkins in the last presidential election cycle.

Last month, Jennifer Konfrst became the first Democrat to launch a campaign in House district 43. The party establishment seems to favor Konfrst, who already has the official support of State Senator Janet Petersen and State Representative Jo Oldson. I’m happy to see two qualified, dedicated people ready to take on Hagenow. May Konfrst and Neiderbach work hard and fight fair as they seek Democratic votes across the district. Bleeding Heartland is unlikely to endorse in this primary.  

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Regents' gesture on funding won't stop backlash against new University of Iowa president

Contradicting official documents released less than a week ago, Iowa Board of Regents President Bruce Rastetter announced yesterday that “he will seek $4.5 million in additional funding for the University of Iowa” during the 2017 fiscal year after all.

The three-sentence news release is intriguing on several levels:

1. The way it conflates Rastetter’s personal opinion with a shift in Board of Regents policy.

2. The unusual timing of a state government body announcing a policy change on a public holiday.

3. The unconvincing attempt to give newly-appointed University of Iowa President Bruce Harreld some credit for the conciliatory move.

4. The effort to spin a relatively small funding increase as a significant investment in the university’s “strengths” and “core mission.”

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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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Insurance company insiders knew about Iowa's Medicaid privatization plans long before public

Governor Terry Branstad didn’t run for re-election last year on a plan to let private insurance companies manage health care for some 560,000 Iowans on Medicaid. He didn’t work with key state legislators to draw up his administration’s “Medicaid Modernization” plans. The governor’s draft budget, submitted in January, projected some $51 million in savings on Medicaid for the 2016 fiscal year. But key lawmakers like the chair of the Iowa Senate Health and Human Resources Appropriations subcommittee didn’t learn that four private companies would be selected to handle almost all Medicaid services until the Iowa Department of Human Services made its request for proposals public in February.

Recent accusations of bias and conflicts of interest, as well as allegedly inaccurate scoring of insurers’ proposals, have raised many questions about how the Iowa DHS selected the four companies now negotiating contracts to manage Medicaid for one-sixth of Iowans. Reports of campaign contributions by lobbyists and political action committees representing firms that sought Iowa’s Medicaid business prompted one watchdog to decry “pay to play” politics.

Those news stories point to a conclusion that isn’t getting enough attention: various insurance companies and their paid representatives knew what was coming down the pike long before the Branstad administration disclosed its plans to privatize Medicaid.

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Jennifer Konfrst running against Chris Hagenow in Iowa House district 43

Jennifer Konfrst announced this morning that she will challenge four-term GOP incumbent Chris Hagenow in Iowa House district 43. The swing district covers Windsor Heights, Clive, and part of West Des Moines. A detailed map is after the jump, along with Konfrst’s press release and official bio. Her campaign is on the web here as well as on Facebook and Twitter.

As the newly-elected House majority leader, Hagenow will have virtually unlimited financial resources backing his re-election bid. On the other hand, this part of the Des Moines suburbs, solidly Republican for decades, has been trending toward Democrats for some time. President Barack Obama won 50.6 percent of the vote in 2012 in the HD-43 precincts, while Mitt Romney won 48.3 percent. Although Joni Ernst carried the district in the 2014 U.S. Senate race, she beat Bruce Braley by only 2 percent in HD-43–a lot less than her winning margin statewide. The latest figures from the Iowa Secretary of State’s office indicate that 6,682 active registered Democrats, 7,493 Republicans, and 5,897 no-party voters live in the district.

Hagenow won his first election to the House in 2008 by 93 votes against then Windsor Heights Mayor Jerry Sullivan. After being re-elected comfortably in the 2010 midterm, Hagenow got a scare in the last presidential year. Despite paying for push-polls and negative tv ads against a challenger who was massively outspent, the incumbent defeated Susan Judkins by only 23 votes in 2012.

Judkins now serves on the Clive City Council. Last week she confirmed to Bleeding Heartland that she will not run for the Iowa House in 2016.

Konfrst may face a competitive primary anyway, because Jon Neiderbach is seriously considering a campaign against Hagenow. He was the Democratic nominee for state auditor in 2014. I think highly of both Konfrst and Neiderbach. The Iowa Democratic establishment sometimes hyperventilates about contested primaries, but assuming the candidates fight fair, I see little downside to two people pounding the pavement to get out the vote in my home district before next June’s primary.

Any relevant comments are welcome in this thread.

Bonus political trivia: To my knowledge, HD-43 is one of just two Iowa House seats where voters registered with each major party currently outnumber independents. The other is Democratic State Representative John Forbes’ territory in House district 40 (part of Urbandale).

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Throwback Thursday: How Iowa women almost got the right to vote, years before the 19th Amendment

Yesterday was Women’s Equality Day, marking the anniversary of American women gaining the right to vote in 1920 under the 19th Amendment to the U.S. Constitution.

Iowa nearly adopted a state-level woman-suffrage amendment on two occasions before that time. Inspired to learn more about those close calls, this week I read part of Louise Noun’s 1969 book Strong-Minded Women: The Emergence of the Woman-Suffrage Movement in Iowa. The short version of what I learned is after the jump.

Spoiler alert: Republicans in the Bleeding Heartland community may enjoy this post more than Democrats.  

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Key Iowa Republican budget negotiators eager to leave Capitol

In the span of a few weeks, four Republicans who were heavily involved in shaping this year’s state budget have made sure they won’t be at the negotiating table during the Iowa legislature’s 2016 session. First, Matt Hinch quit as Governor Terry Branstad’s chief of staff. The weekly Business Record reported yesterday that Hinch “joined the Des Moines office of government affairs and lobbying group Cornerstone Government Affairs as a vice president.”

Days after the Branstad administration announced Hinch’s departure, Kraig Paulsen resigned as Iowa House speaker. He plans to be a back-bencher next year and will not seek re-election to the Iowa House in 2016. It’s not yet clear whether he will remain an attorney for the Cedar Rapids-based trucking firm CRST International, or whether he will seek a different private-sector job.

Last Friday, Branstad’s office announced that Jake Ketzner was leaving as the governor’s legislative liaison. I’ve enclosed the full statement on the staff changes after the jump. Yesterday, the marketing and lobbying firm LS2group revealed that Ketzner will be their newest vice president, specializing in “campaign management, government affairs, and public affairs.”

Finally, House Appropriations Committee Chair Chuck Soderberg told journalists yesterday that he will resign to take a leadership role in the Iowa Association of Electric Cooperatives, a powerful interest group.

I can’t blame these Republicans for not wanting to spin their wheels at the Capitol during next year’s legislative session. Election years are not conducive to bipartisan deal-making in the best of times. Last month, possibly influenced by Hinch and Ketzner, Branstad poisoned the well with vetoes that erased most of the House GOP’s budget concessions to Senate Democrats. Although Paulsen insisted he had negotiated in good faith, he and his top lieutenant Linda Upmeyer (the incoming House speaker) didn’t lift a finger to override the governor’s vetoes.

Newly-elected House Majority Leader Chris Hagenow told a conservative audience in Urbandale today, “I’m not as skeptical about next year as maybe some are. I think there’s a lot of good things that we can get done [in the legislature],” Rod Boshart reported.

That makes one of us. Seeing Hinch, Paulsen, Ketzner, and Soderberg vote with their feet reinforces my belief that next year’s legislative session will mostly be a waste of many people’s time and energy.

P.S.- Some grade A political framing was on display in the governor’s press release enclosed below: “During the 2015 session, Ketzner worked across party lines to secure bipartisan support for historic infrastructure investment that an economic development study called a prerequisite for economic development in Iowa.” In other words, he helped persuade lawmakers to increase the gasoline tax. Ketzner’s official bio at LS2goup likewise speaks of his work “across party lines to secure bipartisan support for significant transportation and broadband infrastructure investments.”

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Chuck Soderberg's retirement creates opportunities for upwardly-mobile Republicans

Bret Hayworth reported for the Sioux City Journal today that State Representative Chuck Soderberg will soon resign in order to become general manager for the Iowa Association of Electric Cooperatives in Des Moines. He has worked for the Northwest Iowa Power Cooperative in Le Mars for more than 35 years.

First elected to the statehouse in 2004, Soderberg chaired the House Commerce Committee for two years beginning in 2011 and has led the powerful Appropriations Committee since January 2013. No doubt quite a few members of the Iowa House GOP caucus would love to take on that role next year. Given the atmosphere of distrust that Governor Terry Branstad exacerbated by blowing apart this year’s spending compromises, I expect little constructive work to happen during the 2016 legislative session. But passing a budget is one thing lawmakers can’t leave town without doing, so the next person to do Soderberg’s job will exert considerable influence.

Surely Speaker Linda Upmeyer will give the Appropriations chair to someone with more experience than current vice chair Ken Rizer, who is in the middle of his first legislative term.

Soderberg’s retirement also opens up Iowa House district 5, covering all of Plymouth County and some rural areas of Woodbury County. I enclose a detailed map after the jump. This seat isn’t realistically within reach for Democrats; Mitt Romney carried 65.9 percent of the presidential vote here in 2012, and Joni Ernst won 71.2 percent of the 2014 votes for U.S. Senate. The latest figures from the Iowa Secretary of State’s Office show that House district 5 contains 3,820 active registered Democrats, 8,988 Republicans, and 6,659 no-party voters.

A safe legislative seat will be tempting for many ambitious Republicans in Plymouth or Woodbury County. The GOP district nominating convention, likely to happen sometime in September, should be highly competitive.

This thread is for any speculation about Soderberg’s successor on the House Appropriations Committee or as the lawmaker representing House district 5.

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Solution to Planned Parenthood Video Thing

(A modest proposal to apply the probably unconstitutional logic behind Iowa's "ag gag" law to undercover videos targeting a leading provider of affordable health care to women. - promoted by desmoinesdem)

Can we please treat women’s health like industrial agriculture?

The latest attack on Planned Parenthood came in the form of an edited video, secretly taped, claiming to “expose” the practice of selling “baby parts.” But if Planned Parenthood had been a factory farm, that video wouldn’t have happened, because that video would have been illegal to make!

Since that video, Iowa governor Terry Branstad, like the internet, has been shocked! Outraged! He joined the “Truth Exposed” rally and called for an investigation into Planned Parenthood. Though no federal or state money goes to abortions, Branstad wanted to look into all money going to Planned Parenthood because he wants “to protect the interest of the taxpayers.”

Ironically, Branstad applauds an undercover video from a state that was an early “Ag Gag” law adopter, a law that essentially prevents videotaping industrial agriculture facilities in America. Violators could be charged with a Class D Felony, “Animal Facility Interference.”  

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Linda Upmeyer will be first woman Iowa House speaker; Chris Hagenow to be majority leader

Iowa House Republicans chose Linda Upmeyer to replace Kraig Paulsen as House speaker today. First elected to the legislature in 2002, Upmeyer has served as majority leader since 2011. House leaders did not release details on today’s vote. State Representative Josh Byrnes was the only other candidate to seek the speaker’s post, despite rumors that one or more other Republicans were sounding out colleagues about the race. All credit to Byrnes for putting himself out there against the party establishment favorite. That takes guts.

O.Kay Henderson posted highlights from Upmeyer’s remarks to reporters today, as well as the audio clip. Not known for showing a lot of emotions in public, Upmeyer’s voice broke as she talked about her late father, Del Stromer, who served as House speaker during the 1980s. She doesn’t sound inclined to change much about how Paulsen was running the lower chamber, but joked, “I use more words than Speaker Paulsen, and I will try to curb that temptation going forward.”

Chris Hagenow will move up from majority whip to replace Upmeyer as majority leader, and Joel Fry will move from an assistant majority leader position to majority whip. Matt Windschitl will continue to serve as House speaker pro-tem. Hagenow told reporters that no one else sought the majority leader post. Bobby Kaufmann ran for majority whip.

Henderson quoted Byrnes as saying,

“I feel like I’m in that movie, Groundhog Day….It’s the same leadership in the House, the same leadership in the Senate. It’s the same governor and the parameters just feel like they’re just set and we can’t move from them. We need new ideas. We need new energy, we need to be able to accept other people’s concepts and infuse those in and I hope that, you know, she can do that.”

According to Byrnes, rank-and-file legislators are upset with missed deadlines, as the legislature has failed to set state school aid levels on time and met for weeks past its scheduled adjournment date. Byrnes also said Iowans are soured by the hyper-partisanship they see from statehouse politicians. […]

Upmeyer told reporters she’ll address the concerns Brynes raised.

“We never should be comfortable with where we’re at,” Upmeyer said. “We always should be striving for innovation and to do things smarter and better and so I absolutely applaud that.”

No need for a lot of innovation here, Madam Speaker: just accept reasonable compromises instead of refusing to budge from your initial negotiating position, and approve school funding bills on time, as happened for a decade and a half before Iowa House Republicans decided to stop following state law a few years back.

After the jump I’ve enclosed official comments on the House leadership election from the Republican Party of Iowa and House Minority Leader Mark Smith, as well as a Facebook status update Byrnes posted after today’s vote.

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