# State Legislature



Iowa Senate district 16: Nate Boulton raised more money in four months than Dick Dearden did in seven years

When Nate Boulton announced his Iowa Senate campaign in September, he subtly indicated he would be a different kind of legislator than State Senator Dick Dearden, the longtime Democratic incumbent who is retiring this year. Boulton promised 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.”

Just a few months into his primary race against Pam Dearden Conner, the retiring senator’s daughter, Boulton sent a strong signal that he will be a more “active and engaged” candidate as well. Campaign finance disclosure forms show that Boulton raised $75,383 during the last four months of the year, a phenomenal total for a non-incumbent, first-time state legislative candidate in Iowa. Not only did Boulton out-raise his primary rival, he raised more than Dearden (a 22-year incumbent) has brought in cumulatively since 2008.

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Josh Byrnes not running for re-election in Iowa House district 51

Three-term GOP State Representative Josh Byrnes announced today that he will not seek re-election to the Iowa House. I enclose below the full statement he posted on Facebook, which expressed his “hope that the voters of House District 51 will continue to elect moderate candidates to represent them in Des Moines. The constituents of a district lose when we elect those who are hard line party people.”

Byrnes was occasionally out of step with his caucus, having supported marriage equality and voted with Democrats for expanding Medicaid. Rumors of his impending retirement proved wrong during the last election cycle but flared up again in recent months, following his unsuccessful bid to be House speaker and subsequent criticism of excessive partisanship and failure to approve school funding levels on time.

House GOP leaders have resisted compromise on education funding during the past several years, which likely contributed to decisions by three other Republicans not to run for re-election in 2016. Like Byrnes, State Representatives Brian Moore, Quentin Stanerson, and Ron Jorgensen all have worked in the education field.

With Byrnes retiring, House district 51 immediately moves to the top tier of Democratic pickup opportunities in the lower chamber, which the GOP controls with a 57 to 43 majority. President Barack Obama received 55.19 percent of the vote among its residents in 2012. Only two Iowa House districts currently held by Republicans voted to re-elect the president by a larger margin; one of them was House district 58, which Moore is vacating. According to the latest figures from the Iowa Secretary of State’s office, House district 51 contains 5,119 active registered Democrats, 6,074 Republicans, and 8,247 no-party voters. I enclose below a district map.

UPDATE: Tony Krebsbach announced on Facebook today that he will seek the GOP nomination in House district 51. He has served on the Republican Party of Iowa’s State Central Committee and chaired the Mitchell County GOP and is part of the “Liberty” faction, which supported Ron Paul for president.

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How Iowa political leaders could honor the legacy of Rev. Dr. Martin Luther King, Jr.

When Congress finally passed a bill establishing a federal holiday named after the Rev. Dr. Martin Luther King, Jr. in 1983, national public opinion was split down the middle on whether the civil rights leader should be honored in this way. The holiday is no longer controversial, and members of Congress who voted against it, such as Senator Chuck Grassley, are quick to explain that they admire King’s work. Bleeding Heartland has compiled links related to Dr. King’s legacy and the long slog to establish this national holiday here, here, here, here, here.

I’ve been predicting for months that this year’s legislative session would mostly be a giant waste of many people’s time. I hope Iowa lawmakers and Governor Terry Branstad will prove me wrong by enacting not only the criminal justice reforms Branstad advocated in his Condition of the State speech last week, but also legislation to reduce mandatory minimum sentences, and improve police identification and interrogation procedures as well as police use of body cameras. The NAACP is pushing for a bill to ban racial profiling by law enforcement, which should not be controversial but probably will be a very heavy lift at the Capitol.

Branstad could act unilaterally to reduce one of Iowa’s massive racial disparities by revoking his 2011 executive order that has disenfranchised thousands of people, disproportionately racial minorities. (The procedure the governor established for regaining voting rights is “just about impossible” for felons to navigate.)

Any relevant comments are welcome in this thread. All three Democratic presidential candidates mentioned Dr. King during their opening statements during last night’s debate in South Carolina, and I’ve enclosed the videos and transcript below. I also included the part of the transcript containing Hillary Clinton’s and Bernie Sanders’ remarks on criminal justice reform.

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Weekend open thread: "Making a Murderer" edition

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

The more I hear about “Making a Murderer,” the more tempted I am to become a Netflix subscriber so I can watch the ten-part documentary myself. The series follows the case of Steven Avery, released from prison after 18 years when DNA evidence showed he was innocent of the rape for which he had been convicted. A few years later, Avery and his teenage nephew Brendan Dassey were charged and convicted of murdering Teresa Halbach. The documentary suggests that Avery and Dassey, who are both serving life sentences, did not kill Halbach and did not receive fair trials.

Lee Rood has a front-page feature in today’s Des Moines Register about how problems highlighted in “Making a Murderer” point to the need for criminal justice reforms in Iowa, such as “uniform best practices for eyewitnesses and the mandatory recording of law enforcement interrogations.” I’ve enclosed excerpts after the jump, but I strongly recommend clicking through to read her whole story.

Avery’s wrongful conviction for rape rested primarily on eyewitness testimony. The latest edition of the New Yorker contains an excellent piece by Paul Kix on how a similar “travesty led to criminal-justice innovation in Texas.” Passages enclosed below cite Iowa State University Psychology Professor Gary Wells, who “has spent decades researching ways in which police lineups can be made more accurate.” Wells testified at a hearing seeking to exonerate a man who had died in prison, serving time for a rape he did not commit. Some of Wells’ recommendations for improving police identification practices were incorporated into a Texas law.

Those measures are different from the reforms an Iowa working group proposed and Governor Terry Branstad endorsed in his speech to state lawmakers this week. But with statehouse Republicans and Democrats deeply divided over education spending, Medicaid privatization, and Planned Parenthood funding, criminal justice reform may provide a rare opportunity for bipartisan cooperation this year. I hope members of the Iowa House and Senate who applauded Branstad’s call to reduce racial disparities will also consider some of the steps Texas has taken to prevent wrongful convictions.

Speaking recently to the Marshall Project, the rape survivor whose mistaken eyewitness testimony sent Avery to prison during the 1980s recounted how seeing a picture of her real attacker doesn’t stir up any emotion for her. In contrast, she says, “I still see Steven Avery as my assailant even though I understand he wasn’t.” I have read other accounts of traumatic memories being altered so that misremembered details evoke panic and terror. The way trauma affects the mind and body and the malleability of traumatic memories are major themes in Dr. Peter Levine’s latest book Trauma and Memory. I hadn’t heard of the book until I received a copy from a friend who found Levine’s approach to healing trauma life-changing.

A videotaped confession by Avery’s “low-functioning” nephew became a key part of the prosecution’s case in the trial that is the focus of “Making a Murderer.” Des Moines defense attorney Gary Dickey told Rood, “Set aside Avery’s innocence or guilt, the most striking thing of the whole series is the clearly coerced confession of Brendan Dassey.” It is surprisingly easy to manipulate a person to admit doing things that never happened, as shown by the New York Police Department’s ability to obtain false confessions from five teenagers accused of assaulting the “Central Park jogger” during the 1980s. Discussing that notorious crime, Saul Kassin, Psychology Professor at the John Jay College of Criminal Justice and Williams College, pointed out that “in some cases people accused of crimes, particularly kids and others who are limited intellectually, become so confused by the lies that they actually come to believe they have committed this crime they did not commit.”

A chapter in Trauma and Memory focuses on “the pitfall of false memory,” such as when therapists (either unscrupulous or well-meaning) induce patients to believe wrongly that they suffered ritual or sexual abuse as children. At the end of this post, I enclose a passage from Levine’s book addressing “malevolent police interrogation methods” used to implant inaccurate memories and thereby obtain false confessions or wrongful convictions.

Among other things, the final installment of “Making a Murderer” covers a post-script to the Avery case: the downfall of District Attorney Ken Kratz, who prosecuted Avery and Dassey. Ryan Foley, an Associated Press correspondent in Iowa, was working for the AP in Wisconsin when he reported that Kratz “sent repeated text messages trying to spark an affair with a domestic abuse victim while he was prosecuting her ex-boyfriend.” Kratz lost his job over that despicable abuse of power, which he later blamed on mental health conditions and prescription drug dependence. All journalism students should listen to Foley’s interview with Kratz before the story appeared, a fascinating example of a newsmaker trying to intimidate a reporter. In quite a show of interrogation techniques, the DA warned that a “hatchet story” on his inappropriate behavior would reveal the journalist to be a “tool” for someone else’s political agenda. Kratz modulated his voice frequently–lecturing, mocking, shouting, even whispering–hoping to throw Foley off balance and trick him into revealing his sources.

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Criminal justice reform is major theme of Branstad's Condition of the State address

Governor Terry Branstad delivered his annual Condition of the State address to members of the Iowa House and Senate and the Iowa Supreme Court justices yesterday. If you missed the speech, the full prepared text is here. Iowa Public Television posted the video and transcript here. The early part of the 30-minute address included one false or misleading assertion after another.

· “Sound budgeting practices and fiscal discipline now have us ranked as the 3rd best managed state in the nation.” Contrary to the idea that Branstad markedly improved Iowa’s operation, a major investors group also ranked Iowa the third best-managed state in 2010 under Governor Chet Culver, recognizing Iowa’s good fiscal position, high credit ratings from leading agencies, and low debt per capita compared to most other states.

· “The Iowa Economy has created 214,000 new jobs; surpassing our 2010 goal.” Sorry, no. That’s a fake statistic no economist would accept. It’s a shame the governor has instructed Iowa Workforce Development to keep cooking the books on employment.

· “If the state fails to implement managed care, the growth of Medicaid spending will consume virtually all of our revenue growth.” The Branstad administration has not been able to demonstrate that managed care will save the state money. Florida’s Medicaid privatization turned out to be more costly without improving patient care.

I was also disappointed not to hear more specifics about how Branstad envisions spending funds he would like to divert from school infrastructure to water programs. What kind of water quality programs would be prioritized, and who would administer them? Then again, details about this plan may be irrelevant, because Iowa House and Senate leaders don’t sound open to the idea.

For now, I want to focus on a much more promising part of Branstad’s address. To my surprise, the governor devoted a major section–roughly eight minutes of speaking time–to advocating for criminal justice reforms proposed by a working group he appointed in August. The group was charged with developing ideas to increase fairness and reduce racial disparities in Iowa’s criminal justice system. Click here to read the full recommendations released in November. Bleeding Heartland will discuss some of the proposals in more detail in future posts. Advocates for defendants’ rights and racial justice have generally welcomed the proposals.

Although some policies do not go far enough, and other important reforms are missing from the document, I’m encouraged to see the governor apply some political capital toward reducing systemic racism and inequities in the justice system. I enclose below the relevant portion of Branstad’s speech, with some annotations.

UPDATE: I can’t believe I forgot to mention one thing Branstad could do immediately to address a massive racial disparity in Iowa. His executive order making it extremely difficult for felons to regain their voting rights disenfranchises Iowans of all ethnic backgrounds but disproportionately affects racial minorities.

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Budget looms large, social issues largely absent on the Iowa legislature's opening day in 2016

Governor Terry Branstad wore a pink tie and many colleagues remarked on history made yesterday at the Capitol, as Linda Upmeyer became the first woman to preside over the Iowa House as speaker, as well as the first child of an Iowa legislative leader to rise to the same position. Erin Murphy’s take on the milestone is worth a read.

As in recent years, social issues were almost entirely absent from the leaders’ opening remarks to their Iowa House and Senate colleagues. State budget priorities dominated the comments relating to public policy, with Republicans emphasizing the importance of not spending too much and Democrats emphasizing the need to spend enough on education and other vital services. No one mentioned Branstad’s call to extend the penny sales tax for school infrastructure and divert part of the revenue stream to water programs.

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Who's who in the Iowa Senate for 2016

The Iowa legislature’s 2016 session began on Monday. For the sixth year in a row, the 50 state senators include 26 Democrats and 24 Republicans. Just seven senators are women (six Democrats and a Republican), down from a high of ten women serving in the chamber during 2013 and 2014. All current senators are white. To my knowledge, the only African-American ever to serve in the Iowa Senate was Tom Mann, elected to two terms during the 1980s. No Latino has ever served in the Iowa House or Senate; Nathan Blake fell 18 votes short of becoming the first in 2014. No Asian-American has served in the state Senate since Swati Dandekar resigned in 2011.

I enclose below details on the Iowa Senate majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Senate committees. Little has changed since last year, in contrast to the Iowa House, which saw some big changes in the majority Republican caucus since the legislature adjourned in June.

Term limits are a terrible idea generally but would be especially awful if applied to the Iowa Senate, as the longest-serving current senator bizarrely advocated last year. The experience gap between Democrats and Republicans is striking. As detailed below, only four of the 24 Senate Republicans have ten or more years of experience in the Iowa legislature, compared to seventeen of the 26 Democrats. No current Iowa Senate Republican has more than 20 years legislative experience, whereas six Democrats do.

Some non-political trivia: the 50 Iowa Senate members include three Marks, three Bills, three Richards (who go by Rich, Rick, and Dick), two Mikes, two Toms, two Joes, and two men named Charles (one goes by Chaz).

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Who's who in the Iowa House for 2016

The Iowa House opened its 2016 session today with 57 Republicans and 43 Democrats. The 100 state representatives include 27 women (21 Democrats and six Republicans) and 73 men. Five African-Americans (all Democrats) serve in the legislature’s lower chamber; the other 95 state representatives are white. No Latino has ever been elected to the Iowa House, and there has not been an Asian member since Swati Dandekar moved up to the Iowa Senate following the 2008 election.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted changes since last year. All are on the Republican side, mostly following from Kraig Paulsen’s decision to step down as speaker, Chuck Soderberg’s retirement, and the passing of Jack Drake.

Some non-political trivia: the Iowa House includes two Millers (one from each party), two Taylors (one from each party), and two Moores (both Republicans). As for first names, there are six Davids (four go by Dave), four Roberts (two Robs, one Bob, and a Bobby), four Marys (one goes by Mary Ann), four Johns, and three Brians. There are two Lindas, two Elizabeths (a Beth and a Liz), and two men each named Dan, Mark, Greg, Tom, Bruce, Todd, Chris, and Charles (one goes by Chuck).

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Republican Brian Moore retiring, opening up Iowa House district 58

One of the best pickup opportunities for Democrats in the Iowa House got better on Thursday, as three-term Republican State Representative Brian Moore told KMAQ Radio in Maquoketa that he will not run for re-election in House district 58. After an unsuccessful bid for the Democratic nomination in an Iowa Senate district, Moore switched parties, filed in a House seat where there was no Republican challenger, and pulled off one of the most shocking Iowa state legislative upsets in 2010. He won a re-match against Tom Schueller in the next election cycle and defeated challenger Kim Huckstadt by a comfortable margin in 2014.

House district 58 is among the most Democratic-leaning legislative seats currently held by a Republican. In 2012, Barack Obama received 55.6 percent of the vote here; only residents of House district 91 in the Muscatine area gave a higher percentage of their votes to the president while electing a Republican to the Iowa House. According to the latest figures from the Iowa Secretary of State’s office, House district 58 contains 6,968 active registered Democrats, 4,726 Republicans, and 9,151 no-party voters.

Moore has not always fallen in line with House Republican leaders. In late December, he told William Garbe of the Dubuque Telegraph-Herald that he may break with his caucus during this year’s session to support a larger funding increase for K-12 schools. Fellow GOP State Representatives Quentin Stanerson and Ron Jorgensen are also retiring this year and are known to have been dissatisfied with the final compromise on education funding last year. Moore’s announcement will increase speculation that State Representative Josh Byrnes may not seek a fourth term in House district 51. He challenged Linda Upmeyer for the speaker’s chair last summer. After losing that contest, Byrnes criticized excessive partisanship and the failure to meet deadlines for approving school funding. In 2013, Byrnes and Moore were the only two House Republicans to vote with Democrats to expand Medicaid as foreseen under the Affordable Care Act.

Democrat Peter Hird launched his campaign in House district 58 in October. I enclose below some background on Hird and a map of the district, which covers all of Jackson County, a large area in Jones County and two rural Dubuque County townships. Pat Rynard profiled Hird at Iowa Starting Line last month. I would not be surprised to see another Democrat file to run for this seat, since the winner of the primary will have a good chance of being elected in November.

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How the Governor Could Invest in Water without Raiding Other Priorities or Raising Taxes

Governor Branstad deserves credit for his proposal to provide significant resources to address water quality in Iowa. The proposal is an acknowledgment that water pollution is a serious, immediate problem that will take a major investment of resources to solve. It’s an acknowledgment that the drinking water in communities from Boone to Des Moines is at risk of being unsafe to drink because of high nitrate levels. It’s an acknowledgment that Iowans deserve better than a record number of public beach warnings caused by toxic algae and nutrient pollution. It’s an acknowledgment that while the voluntary Nutrient Reduction Strategy may provide a framework for solving our water quality problems, without the resources and urgency to implement it, the voluntary Nutrient Reduction Strategy won’t get us there.

Proposing a significant investment in water quality acknowledges the seriousness of our water quality problem and opens the door for serious discussions about how to find the resources to solve the problem. The Governor demonstrated leadership in starting the conversation, and it will take continued leadership to be open to input to improve the proposal and get buy in from legislators and the diverse constituencies that care about solving our water quality problem.

The leadership of an open mind is critical, because Governor Branstad’s proposal is not without its flaws.

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16 Iowa politics predictions for 2016

Hoping to improve on my percentages from last year, I offer sixteen Iowa politics predictions for 2016. Please spin your own scenarios in this thread.

I finally gave up on trying to predict whether Governor Terry Branstad will still be in office at the end of the year. Although his close adviser David Roederer “emphatically” says Branstad will serve out his sixth term, I am convinced the governor will resign early. But I can’t decide whether that will happen shortly after the November 2016 election or shortly after the Iowa legislature’s 2017 session.

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"The View from Nowhere" in Iowa legislative news coverage

When politicians lie, opponents often echo longtime Senator Daniel Patrick Moynihan’s famous words: You’re entitled to your opinion, but you’re not entitled to your own facts.

Politicians can get away with deception, however, when journalists present conflicting facts as opposing viewpoints in a “he said/she said” frame. So it was when Governor Terry Branstad recently touted phony job creation numbers, and reputable Iowa journalists hid behind “critics say” rather than acknowledging reality: no serious economist would recognize those statistics.

And so it was when the Des Moines Register again covered the Iowa Department of Revenue’s unprecedented attempt to rewrite tax code through the rule-making process. Statehouse reporter Brianne Pfannenstiel’s attention to the topic is welcome. The rule change has been an under-reported Iowa politics story this fall, even though it could have a huge impact on the state budget in coming years. Unfortunately, as was the case in earlier articles for the Register on the same controversy, Pfannenstiel avoided stating some important truths about the Branstad administration’s efforts, attributing such observations to “others” including “Democratic lawmakers.”

The journalist’s reflex to appear impartial by presenting factual statements as partisan opinions is part of what media critic Jay Rosen has called the View from Nowhere.

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Des Moines Water Works ran nitrate removal system for nearly half of 2015

graph of nitrates in the Des Moines River exceeding safe levels, taken by Steven Witmer using data from the U.S. Geological Survey

The Des Moines Water Works announced yesterday that it spent some $1.5 million during 2015 to operate its nitrate removal system “for a record 177 days, eclipsing the previous record of 106 days set in 1999.” The utility provides drinking water to about 500,000 residents of central Iowa, roughly one-sixth of the state’s population. The U.S. Environmental Protection Agency considers 10 mg/l the maximum safe level for nitrates in drinking water. The Des Moines Water Works switches the nitrate removal system on when nitrates exceed 9 mg/l in both of its sources, the Raccoon River and the Des Moines River. I enclose below the full press release from the Water Works, as well as charts from the U.S. Geological Survey’s website showing recent nitrate levels in the Raccoon and Des Moines rivers.

Runoff from agricultural land is the primary source of nitrates in Iowa waterways. As David Osterberg wrote yesterday, “so little land in Iowa is devoted to urban uses (lawns or golf courses) that even if urban application rates of Nitrogen and Phosphorous fertilizer were much higher than that on farms, only 2 percent of the pollution from land application of fertilizer comes from lawns and golf courses.” This “nutrient pollution” not only incurs extra costs for providing safe drinking water but also creates toxic algae blooms, which caused a record number of beach advisory warnings during the summer of 2015.

Last January, the Des Moines Water Works filed a lawsuit against drainage districts in northwest Iowa’s Sac, Calhoun and Buena Vista Counties. Drake University Law Professor Neil Hamilton wrote an excellent backgrounder on this unprecedented litigation: Sixteen Things to Know About the Des Moines Water Works Proposed Lawsuit. In a guest column for the Des Moines Register last May, Hamilton debunked the “strenuous effort” to convince Iowans that “the lawsuit is unfair and unhelpful.”

Governor Terry Branstad has depicted the lawsuit as a sign that “Des Moines has declared war on rural Iowa” and repeatedly criticized the Water Works last year. Iowa Secretary of Agriculture Bill Northey claims the water utility “has attempted to stand in the way of these collaborative efforts” to reduce nutrient pollution. A front group funded by the Iowa Farm Bureau and other agribusiness interests and led by Cedar Rapids Mayor Ron Corbett, among others, has also tried to turn public opinion against the lawsuit. In recent weeks, that group with the Orwellian name of Iowa Partnership for Clean Water has been running television commercials seeking to demonize Water Works CEO Bill Stowe.

Northey, Corbett, and Lieutenant Governor Kim Reynolds may soon become bitter rivals for the 2018 GOP nomination for governor. But those three will stand together opposing any mandatory regulations to reduce agricultural runoff. All support Iowa’s voluntary nutrient reduction strategy, shaped substantially by Big Ag and lacking numeric criteria strongly recommended by the U.S. EPA.

William Petroski and Brianne Pfannenstiel report in today’s Des Moines Register that Branstad “is exploring a legislative proposal that would provide money for water quality projects by using projected revenue growth from an existing statewide sales tax for schools.” Apparently “superintendents have been getting called to the state Capitol to discuss the proposal” with Branstad and Reynolds. Fortunately, that cynical attempt to pit clean water against school funding appears to have zero chance of becoming law. Of the ten state lawmakers or representatives of education or environmental advocacy groups quoted by Petroski and Pfannenstiel, none endorsed the half-baked idea. Their reactions ranged from noncommittal to negative. Speaking to Rod Boshart of the Cedar Rapids Gazette, Iowa Senate Majority Leader Mike Gronstal said of a possible Branstad proposal on water quality funding, “We certainly would be willing to look at that but we’re not going to cannibalize education or the basic social safety net so that he can put a fig leaf on his record on the environment.”

UPDATE: Erin Murphy reported more details about Branstad’s proposal: extend the 1 percent sales tax for school infrastructure, dedicate the first $10 million in annual growth to schools and allocate the rest to water programs.

SECOND UPDATE: Added below excerpts from Murphy’s report for the Cedar Rapids Gazette on Branstad’s plan. I’m disappointed to see U.S. Secretary of Agriculture Tom Vilsack endorse this ill-conceived proposal. Of course we “need to work on [water quality] now,” but why does the money have to come out of school funds? Remember, the Branstad administration is already pushing a corporate tax break that will cost public school districts millions of dollars a year for infrastructure on top of tens of millions of dollars in lost state revenue.

THIRD UPDATE: Branstad told reporters today he does not believe there is support in the legislature to raise the sales tax. Under a constitutional amendment adopted in 2010, 3/8 of a cent of the next Iowa sales tax increase would flow into the natural resources trust fund. He also indicated that he would not support extending the penny sales tax for school infrastructure beyond 2029, when it is scheduled to expire, without lawmakers agreeing to divert some of the funding to water programs. According to incoming Iowa House Speaker Linda Upmeyer, “House Republicans have been divided on whether to extend the school infrastructure sales tax beyond 2029.”

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Weekend open thread: Gratitude and accountability edition

Happy new year, Bleeding Heartland readers! Here’s an open thread: all topics welcome.

I am grateful to everyone who contributed guest posts during 2015: Dave Swenson, Jon Muller, fladem, 2laneIA, ahawby, Julie Stauch, Susan Staed, Mike Owen, natewithglasses, sarased, frankly, Jane Kersch, aleand67, Matt Hauge, ModerateIADem, Leland Searles, Eileen Miller, Tracy Leone, Pari Kasotia, Roger Pedactor, Stacey Walker, Mike Draper, cocinero, AbramsMom, mrtyryn, desmoinesiowa15, moderatepachy, Joe Stutler, Zach Wahls, and State Representative Chuck Isenhart.

Guest authors can write about any political topic of state, local, or national importance. Pieces can be short or long, funny or serious. You do not need to contact me ahead of time with your story idea. Just register for a user account, log in, write a post, edit as needed, and hit publish when you are ready. The piece will be “pending” until I approve it for publication, to prevent spammers from using the site to sell their wares.

I also want to thank everyone who participates here by commenting on posts. If you’ve never done so, feel free to register for a user account and share your views. If you used to comment occasionally but have not done so since this blog relaunched on a different software platform in October, you will need to reset your password. E-mail me with any problems registering for an account, logging in, or changing a password; my address is near the lower right-hand corner of this page.

I wish everyone success in sticking to your new year’s resolutions. Keep in mind that new habits typically take a few months to establish. I’m still working on my list of Iowa politics predictions for 2016, but now seems like the right time to hold myself accountable for last year’s effort. Follow me after the jump to see how I did.

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The 15 Bleeding Heartland posts I worked hardest on in 2015

As I mentioned on Tuesday, writing is a labor of love for me. Some posts are much more labor-intensive than others.

All of the pieces linked below took at least a couple of days to put together. Some were in progress for weeks before I was ready to hit the publish button. (No editor, deadlines, or word limits can be a dangerous combination.) A few of the particularly time-consuming posts required additional research or interviews. More often, the challenge was figuring out the best way to present the material.

Several pieces that would have qualified for this list are not included, because they are still unfinished. Assuming I can get those posts where they need to be, I plan to publish them during the first quarter of 2016.

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The 15 Bleeding Heartland posts that were most fun to write in 2015

While working on another piece about Iowa politics highlights from the year, I decided to start a new Bleeding Heartland tradition. Writing is a labor of love for me, as for many bloggers, but let’s face it: not all posts are equally lovable.

The most important political events can be frustrating or maddening to write up, especially when there is so much ground to cover.

Any blogger will confirm that posts attracting the most readers are not necessarily the author’s favorites. The highest-traffic Bleeding Heartland post of 2015–in fact, the highest-traffic post in this blog’s history–was just another detailed account of a message-testing opinion poll, like many that came before. Word to the wise: if you want a link from the Drudge Report, it helps to type up a bunch of negative statements about Hillary Clinton.

Sometimes, committing to a topic leads to a long, hard slog. I spent more time on this critique of political coverage at the Des Moines Register than on any other piece of writing I’ve done in the last decade. But honestly, the task was more depressing than enjoyable.

Other pieces were pure pleasure. Follow me after the jump for my top fifteen from 2015.

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Improving prospects for an early Iowa legislative deal on school funding?

The Iowa legislature’s 2016 session opens two weeks from today. Last year’s session extended more than a month past the scheduled date for adjournment, largely because House Republican leaders refused to compromise on education spending. Lawmakers finally approved a budget deal in early June, only to watch Governor Terry Branstad strike out the key concessions to Democrats on funding for K-12 schools, state universities, and community colleges.

Legislators from both parties sound determined not to let history repeat itself.

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Feds say Iowa not ready, must delay Medicaid privatization until March 1

For months, Governor Terry Branstad has dismissed warnings from patients, advocates, doctors, hospitals, editorial boards, and lawmakers that the state’s rush to privatize Medicaid would disrupt health care for some 560,000 Iowans. Today the governor finally got the message in a form he can’t ignore. Director Vikki Wachino of the federal government’s Centers for Medicare and Medicaid Services wrote to Iowa Medicaid Director Mikki Stier,

Based on our review last week of Iowa’s progress, as well as the information you have provided, CMS expects that we will ultimately be able to approve Iowa’s managed care waivers. However, we do not believe that Iowa is ready to make this transition Jan. 1. CMS previously outlined the requirements to provide high quality, accessible care to Medicaid beneficiaries, and Iowa has not yet met those requirements, meaning that a transition on January 1 would risk serious disruptions in care for Medicaid beneficiaries. While you have made progress in some areas of readiness, our review also identified significant gaps that need to be addressed before CMS can authorize your waiver requests. For that reason, CMS will work with you toward approval of your request effective March 1, 2016, provided that the state demonstrates progress toward readiness consistent with the actions in the attachment to this letter.

Click through to read the full four-page letter and four-page attachment from Wachino to Stier, which the Des Moines Register posted online. CMS officials found that “significant areas of the state did not have many provider types within a reasonable distance,” and that “Relying too heavily on out-of-network providers is likely to create confusion among beneficiaries and providers, result in access issues for beneficiaries, and disrupt continuity of care for beneficiaries.” Many of the points raised echo concerns three Democratic state senators expressed during meetings with CMS officials in Washington last month.

The CMS readiness review also showed that nearly half of Medicaid recipients who tried to call the state’s call centers earlier this month could not get through. Many Iowans who did reach a staffer on the phone were not able to find out whether any of their current doctors had signed contracts with the four managed care providers approved to run Medicaid. The CMS findings are consistent with what I’ve been hearing from acquaintances: the enrollment packets sent to Medicaid recipients did not include basic details they would need to make an informed choice of managed care provider (such as where their family’s current doctors will be in-network).

I enclose below reaction to today’s news from Branstad, who struck an upbeat tone, and key Democratic lawmakers, who vowed to keep fighting to improve legislative oversight of the Medicaid privatization. The Democratic-controlled Iowa Senate approved such a bill during the 2015 session, but the Republican-controlled Iowa House declined to take it up. Oversight is the very least state lawmakers could do to prevent the transition to managed care from becoming a pretext for denying services to vulnerable Iowans.

David Pitt noted in his report for the Associated Press,

Two legal challenges continue including one from the Iowa Hospital Association, a trade group for the state’s hospitals. It sued the state claiming the privatization plan is illegal because it takes millions of dollars from a dedicated hospital trust fund and gives it to the four managed care companies.

Any relevant comments are welcome in this thread. I am grateful that so many Iowans took the time to contact federal officials about Branstad’s disastrous policy. Bleeding Heartland reader Rhonda Shouse has been one of the superstar organizers in that fight.

UPDATE: Added below reaction from Representative Dave Loebsack (D, IA-02). I expect that during next year’s re-election campaign, Loebsack will highlight his efforts to shield constituents from the negative consequences of shifting Medicaid to managed care. His only declared Republican opponent is State Senator Mark Chelgren, who like his GOP colleagues in the upper chamber has done nothing to slow down the privatization or strengthen legislative oversight of the process.

SECOND UPDATE: Added more news and commentary related to this issue.

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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.

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