# State Legislature



Why did Debi Durham sack one of Iowa's leading clean energy experts? (updated)

Iowa is already one of the top states for wind power and could become one of the country’s solar power leaders as well. Unfortunately, Governor Terry Branstad has a mixed record on promoting alternative energy. On the plus side, Branstad has praised “tremendous potential for growth in solar energy.” He has signed bipartisan legislation to provide state income tax credits for renewable energy, including a bill last spring that tripled the annual amount of solar tax credits in Iowa.

On the other hand, last year the Branstad administration “surrendered a $1 million grant designed to make Iowa a nationwide leader in solar energy after electric utilities lobbied for major changes,” Ryan Foley reported for the Associated Press. You can view what that grant might have accomplished here. After the jump I’ve enclosed excerpts from Foley’s report on the e-mail correspondence.

Now we find out that last month the Iowa Economic Development Authority quietly sacked Paritosh Kasotia as leader of the state energy office. The Associated Press reported that Kasotia was “informed of her ouster Dec. 8 and stopped working the same day.”

Colleagues said Kasotia was not given an explanation for the termination, which came days after she returned from a national conference. An expert on alternative energy and energy efficiency, Kasotia oversaw tens of millions of dollars in funding for state and federal programs during her five-year state tenure. […]

Kasotia, 32, also became active in the National Association of State Energy Officials and served on the advisory council of the Iowa Energy Center at Iowa State University.

Gary Steinke, who served with Kasotia on the advisory council, called her a “national leader in alternative energy.”

“My reaction is that I’m shocked and disappointed,” said Steinke, president of the Iowa Association of Independent Colleges and Universities. “She brought a wealth of knowledge and information to the advisory council and she will be sorely missed.”

Last year, Kasotia helped land a competitive $1 million grant from the U.S. Department of Energy to make Iowa a leader in solar energy. Environmentalists said the grant would cut costs and regulations to speed solar adoption. Branstad had written a letter in support. But state officials ended up giving up the grant after utility lobbyists complained they had not been consulted and objected to the grant’s scope.

The move was seen as an embarrassment to the energy office, which started meeting routinely with representatives from utilities such as Alliant Energy and MidAmerican to get input on grant applications.

I sought comment from the governor’s office on why Kasotia was fired. Governor Branstad’s spokesman Jimmy Centers responded, “Iowa law prevents our office from commenting on personnel matters. It’s important to note that state agencies, not the governor’s office, handle personnel matters within their departments.”

Raise your hand if you think Iowa Economic Development Authority Director Debi Durham would fire a senior official in her department without running it by the governor’s office.

Incidentally, Kasotia was a merit employee in the Office of Energy Independence under Governor Chet Culver. But when the Branstad administration restructured the office and assigned it to Durham’s agency, Kasotia’s job as team leader became an “at will” position. Democrats have criticized the governor’s policy of making some 350 state employees at will, because those people can be fired for any reason or no reason. In addition, at will employees may be replaced without advertising the job. Senior officials in the Iowa Department of Inspections and Appeals have challenged their change in job status, and the U.S. Department of Labor had to intervene to block the Iowa Workforce Development director’s attempt to make that agency’s chief administrative law judge an at will employee.

Someone with as much knowledge and expertise as Kasotia should not be shown the door without a valid reason. Branstad may be be a huge cheerleader for Durham, but when Iowa state senators consider whether to confirm her for another term as Iowa’s top economic development official, they should question her about Kasotia’s firing.

P.S.- Durham’s confirmation hearing could be one of the most contentious during the upcoming legislative session. Democratic lawmakers will also challenge Durham on why she committed Iowa to more than $100 million in unnecessary state tax incentives for one foreign-owned corporation. They may also ask why she has taken several annual bonuses to put her total compensation well above the salary cap defined by state law.

P.P.S.- Kasotia’s ouster makes me more concerned that the Iowa Utilities Board (now run entirely by Branstad appointees) will take administrative steps to overturn a recent Iowa Supreme Court ruling, which went against utility companies’ interests.

UPDATE: Added portions of the Des Moines Register’s January 6 editorial after the jump.

SECOND UPDATE: Des Moines Cityview’s Civic Skinny column discussed the firing as well. Scroll down for excerpts.

THIRD UPDATE: Added Governor Branstad’s latest comments below.

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Mark Costello will represent Iowa Senate district 12

Republican State Representative Mark Costello easily won yesterday’s special election to represent Iowa Senate district 12. The seat became vacant after Joni Ernst’s victory in the U.S. Senate race. According to unofficial results posted on the Iowa Secretary of State’s website, Costello received 3,068 votes, to 924 votes for Democrat Steve Adams and 131 votes for Libertarian Don Brantz. Adams deserves credit for stepping up to give voters a choice in the second- or third-most Republican Iowa Senate district. Although the Libertarians were smart to nominate a candidate here, they didn’t have anything like the Iowa GOP’s resources for voter turnout, and their nominee got the worst kind of publicity a candidate can have when he was charged with several crimes earlier this month.

Democrats retain a 26 to 24 majority in the Iowa Senate, but Costello told Radio Iowa he’s optimistic and hopeful Republicans will win a majority after the 2016 elections. They certainly will have better opportunities to gain Iowa Senate seats in the coming cycle than they did in 2014. Blowing the chance to defeat GOP State Senator Mark Chelgren this year could prove costly for Iowa Democrats.

Costello’s victory will force a special election in Iowa House district 23, which he has represented for the last two years. Like Senate district 12, the House district should be safe for Republicans, allowing them to maintain a 57 to 43 majority in the Iowa House next year.

I expect another crowded GOP nominating convention when House district 23 delegates meet to choose a new candidate. Several people who sought the GOP nomination in Senate district 12 live in communities Costello has represented. Republicans would do well to nominate a woman. It’s embarrassing that Amy Sinclair is the only woman left in their Iowa Senate caucus, and the Iowa House GOP caucus includes 51 men (including Costello) to just six women.

Mike Gronstal staying on as head of DLCC

Iowa Senate Majority Leader Mike Gronstal is staying on as board chairman of the Democratic Legislative Campaign Committee, the group announced today. I’ve enclosed the full statement after the jump.

The DLCC focuses on state legislative elections around the country. The group has its work cut out, because Republicans made huge gains in state legislatures in November. In fact, “The GOP now controls 68 out of 98 partisan state legislative chambers — the highest number in the history of the party.” Holding the 26-24 Iowa Senate majority was one of the few bright spots for Democrats, along with maintaining a majority in the Kentucky House of Representatives (which complicates life for potential presidential candidate Rand Paul).

The Iowa GOP will have more state Senate pickup opportunities in 2016 than they did this year. Twelve Iowa Senate races saw significant spending by one or both parties in 2012, whereas only a half-dozen or so Senate seats looked competitive going into 2014. By October of this year, most of the spending by Iowa Democrats and Republicans was concentrated in four state Senate races. Depending on retirements and candidate recruitment, at least ten Iowa Senate districts will be potentially competitive during the 2016 cycle.

Incidentally, the only other Iowan on the DLCC’s board of directors is Senator Wally Horn of Cedar Rapids. Just re-elected to another four-year term in Senate district 35, Horn has served in the Iowa legislature for 42 years (10 in the state House and 32 in the Senate), longer than any other sitting lawmaker.

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Who's who in the Iowa House for 2015

The Iowa House will begin its 2015 session on January 12 with 57 Republicans and 43 Democrats (assuming a Republican wins the January 6 special election in House district 4). Depending on who wins that special election, the 100 state representatives will include either 27 or 28 women, and either 72 or 73 men.

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 the previous legislative session.

Some non-political trivia: two of the three state representatives with the surname Olson retired this year, as did one of the two Iowa House members named Smith. There are still two Millers and two Taylors in the legislature’s lower chamber, one from each party. As for first names, the new cohort contains five six Davids (four go by Dave), four Roberts (two Robs, one Bob, and a Bobby), four Marys (one goes by Mary Ann), three four Johns, and three Brians. There are two Lindas, two Elizabeths (a Beth and a Liz), and two men each named Dan, Mark, Greg, Chuck, Bruce, Todd, and Chris.

2015 UPDATE: Added below information for John Kooiker, who won the House district 4 special election, and David Sieck, who won the House district 23 special election.  

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Iowa House district 4 special election coming on January 6

Governor Terry Branstad has set the special election in Iowa House district 4 for January 6, 2015. The vacancy arose when State Representative Dwayne Alons passed away last weekend. Of the 100 Iowa House districts, this is the most Republican, with only 1,498 active registered Democrats, 13,279 Republicans, and 3,555 no-party voters according to the latest figures from the Iowa Secretary of State’s office. Democrats have not nominated a candidate in this district since James Van Bruggen won less than 20 percent of the vote against Alons in 2008.

Although the Republican special nominating convention will likely determine Alons’ successor, a competitive special election is still possible. It only takes 50 signatures on a nominating petition to file as an independent or third-party candidate, and the filing period is open until December 23. Anything can happen in a low-turnout special election, so I wouldn’t be too surprised to see some other conservative file papers here, perhaps running as an independent or a Libertarian.

Chutzpah alert: Branstad as defender of the separation of powers

In the busy days before Thanksgiving, I missed this unintentional comedy from Governor Terry Branstad’s weekly press conference (hat tip to Todd Dorman):

“There’s also a constitutional question about whether the president of the United States has the authority to act unilaterally on issues like this [immigration policy],” Branstad said. “So I expect there’s going to be a lot of unanswered questions that I need to get information about and what the impact would have on our state.”

Asked if he would take executive action on state immigration policy, Branstad responded, “We don’t operate that way in Iowa.”

“That’s the difference between Washington, D.C., and Iowa,” Branstad said. “In Iowa, I’m very careful to recognize the separation of powers and to work with the Legislature.”

Where to begin?

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At least five Republicans seeking to represent Iowa Senate district 12

At least five people are openly seeking the GOP nomination in Iowa Senate district 12, where a special election will be held on December 30 to replace U.S. Senator-elect Joni Ernst. In addition to State Representative Mark Costello and Fremont County Supervisor Cara Morgan, Clarinda School Board member Seth Watkins, Montgomery County GOP Chair Margaret Stoldorf, and Ringgold County GOP activist Tracee Knapp have all announced their candidacies. Watkins is a grain and livestock farmer as well as a 14-year incumbent on the school board. Stoldorf is a former Montgomery County supervisor and has managed a family farm as well. Knapp works for Children and Families of Iowa and operates a cattle farm, along with her husband.

KMA Radio 99.1 has invited all the candidates to take part in a one-hour radio forum at 7 pm on Monday, December 8.  Other candidates may declare before the GOP special nominating convention on December 11. I have not yet heard of any Democratic candidate in this overwhelmingly Republican district. Ernst ran unopposed in 2012.

Special election in Iowa Senate district 12 coming on December 30

Late last week, U.S. Senator-elect Joni Ernst finally sent Governor Terry Branstad a letter resigning her seat in the Iowa Senate. The governor announced today that the special election to replace Ernst in Iowa Senate district 12 will take place on December 30. The district covers six southwest Iowa counties; a detailed map is after the jump.

From a voter turnout perspective, it’s not ideal to hold an election between Christmas and New Year’s, when many people are out of town. However, the real competition in Iowa Senate district 12 will be at the GOP special nominating convention. Even in a low-turnout environment, there is almost no conceivable way Democrats could win a district containing more than twice as many registered Republicans. Just one state Senate district has fewer registered Democrats than Senate district 12, and only three contain more registered Republicans.

At least two Republicans will seek the nomination for the coming special election: State Representative Mark Costello, who was first elected to the Iowa House in 2012, and Fremont County Supervisor Cara Morgan. I expect more people to throw their hats in. A few years ago, a special election in an Ankeny-based Iowa Senate district drew six GOP candidates.

Any relevant comments are welcome in this thread. I was surprised it took Ernst so long to resign her state senate seat. Her predecessor Kim Reynolds resigned more quickly after being elected lieutenant governor in 2010.  

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New Big 10 Rivalry? Iowa can compete with Maryland on clean water

(Thanks to State Representative Chuck Isenhart for the guest commentary. He is ranking member on the Iowa House Environmental Protection Committee and liaison to the state Watershed Planning Advisory Council. - promoted by desmoinesdem)

Iowans want clean water, but that has not motivated Iowa policymakers to tackle water pollution.

Rather, the driving fear is stronger regulation by the Environmental Protection Agency (EPA) because of the “dead zone.” That 5,000-square-mile area in the Gulf of Mexico has become toxic to life because of nitrogen and phosphorus, mostly from farm runoff. Iowa and Illinois are the top culprits.

The state’s “nutrient reduction strategy” is a narrow approach designed not to clean up Iowa’s water in our lifetimes, but to forestall specific federal limits on polluted water. The plan is focused on how to manage fertilizer. That piece is good as far as it goes, but does not go far enough. Iowa needs a broader strategy.

The Gulf of Mexico is not the only water body with a “dead zone.” For example, Maryland depends on  the Chesapeake Bay as a $1 trillion economic driver, including tourism, recreation, seafood and other industries. Maryland has been fouling its own nest for decades.

Imagine the Gulf of Mexico in Iowa. No doubt dealing with our 489 impaired lakes and streams suffering death by a thousand drips would become more urgent, undeserving of the 80 percent budget cut inflicted by Governor Branstad this year.

As both perpetrators and victims, Maryland citizens made clean water a top public priority. In leaner economic times, a 2012 poll showed that 91 percent of Maryland residents said cleaner water was important and nearly two-thirds supported increasing a statewide household tax to do it. Eighty percent wanted the state to be active in managing growth.

I spent a day on a recent trip to Maryland learning about the Chesapeake Bay. Governor Martin O’Malley put his staff at my disposal after I met him on his summer visit to Iowa. What lessons can be learned from the Chesapeake initiative that might be helpful to us?

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Analysis shows Medicaid expansion is working in Iowa

The Iowa Hospital Association was one of many health care organizations that advocated strongly for Medicaid expansion. A new analysis of care provided by Iowa hospitals shows why.

Scott McIntyre highlighted the key findings on the Iowa Hospital Association’s blog yesterday.

During the first six months of this year, the number of people hospitalized in Iowa without insurance fell by 45.7 percent compared with the same period last year, an IHA analysis has found.  The analysis is based on data collected from 101 Iowa hospitals from January through June.

According to the study, out of about 159,000 hospital discharges from January to June in 2014 and 2013, 4,445 patients were uninsured this year compared with 8,181 in 2013.

[…] Because of Medicaid expansion, in a six-month span, Iowa hospitals cared for fewer uninsured patients in all settings, including patients admitted for inpatient care as well as those seeking care at hospital emergency rooms and at outpatient clinics.  Similar results are being seen in other states that expanded Medicaid under the Affordable Care Act. […]

For the period January 1-June 30, overall inpatient admissions at Iowa hospitals declined 4.4 percent compared with the same period in 2013.  Within that decline, the number of uninsured hospitalized patients with no source of payment for their health care fell by 45.7 percent in 2014.

Additionally, fears that expanding coverage would make care so easily accessible that use of hospital emergency rooms would rise to unprecedented levels have not materialized, the IHA analysis found.  Total visits to emergency rooms increased less than 1 percent when comparing the six-month spans in 2013 and 2014, despite approximately 30,000 patients with new policies purchased through the Health Insurance Marketplace.

With more Iowans now insured, hospitals’ charity care losses fell 18.5 percent, yielding a total six-month improvement of $32.5 million.

During the state legislature’s 2013 session, Iowa House Republicans and Governor Terry Branstad refused to expand Medicaid, but agreed to create an “Iowa Health and Wellness Plan” as a compromise. The arrangement was more complicated and more expensive than simply expanding Medicaid as foreseen under the 2010 federal health care reform law. Nevertheless, the deal was well worth it and is benefiting tens of thousands of Iowans.  

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Now he tells us: Branstad will support gas tax hike

Two days after being re-elected to a sixth four-year term, Governor Terry Branstad finally came out for raising the gasoline tax as part of a plan to increase transportation funding. He told journalists on November 6, “The timing is good because gas prices have dropped significantly. That makes it a little more palatable to the public.”

For years, a bipartisan group of legislators have been working on a bill to increase Iowa’s gas tax for the first time since 1989. The governor has left them hanging again and again and again. The issue is politically charged, since gas taxes disproportionately hit lower-income drivers and residents of rural Iowa. Joni Ernst switched from supporting an increase to opposing it as soon as she started preparing to run for the U.S. Senate. Legislative leaders have long made clear that a bill raising the tax would move forward only if at least half the members of Democratic and Republican caucuses in the Iowa House and Senate were ready to vote for it.

Iowa House Republican Brian Moore believes “this is the year” a gas tax increase will happen, because the issue will be on the “front burner” when lawmakers reconvene in January. Moore was vice chair of the House Transportation Committee. He and committee Chair Josh Byrnes have worked closely on this issue with Iowa Senate Democrat Tod Bowman, who leads the transportation committee in the upper chamber.

Arguably, 2015 will be a good opportunity for bipartisan cooperation, since it’s not an election year. However, I am inclined to think the gas tax increase will fail to gain broad support in either chamber. Many Iowa House Republicans are hostile to any tax increase, and what’s in it for House Democrats to stick their necks out on the issue? Meanwhile, several Iowa Senate Democrats will face tough re-election bids in 2016, and Senate minority leader Bill Dix has long been close with leaders of anti-tax interest groups. Gasoline prices have dropped to relatively low levels now, but they could bounce back up by the time lawmakers would be considering a gas tax bill in February or March.

If Branstad had campaigned on this issue, he could have claimed a popular mandate for raising the gas tax. But he didn’t, even when pressed on the issue during debates with challenger Jack Hatch.

Any relevant comments are welcome in this thread. Although the road use tax fund clearly needs more money, I would hesitate to raise the gasoline tax without strong “fix-it first” language in the bill. The lion’s share of additional revenue should go toward fixing roads and bridges that are in bad shape, not toward building new roads (or new lanes on existing roads) that we won’t be able to maintain adequately.

Three silver linings from Iowa's 2014 elections

November 4 was a devastating day for Iowa Democrats, but let’s look on the bright side for a moment.

1. Democrats held the Iowa Senate majority.

Since 2011, the Iowa Senate has kept us off the disastrous path followed by Kansas, Wisconsin, Ohio, and other states where Republicans control the trifecta. I’m disappointed that with a favorable map, Democrats weren’t able to expand their Iowa Senate contingent to 27 or 28. State Senator Daryl Beall was one of the good ones and will be missed by many. But a wave like that could have done a lot more damage.

For at least two more years, the Iowa Senate will continue to be a firewall against all kinds of horrible legislation that Iowa House Republicans will pass and Governor Terry Branstad would sign.

2. Iowa is no longer in a club with Mississippi.

All week, I’ve been reflecting on the many thoughtful and capable women who have been involved in Iowa politics during my lifetime. Not only Democrats, but also Republicans from Mary Louise Smith to Joy Corning to Mary Lundby and most recently, Mariannette Miller-Meeks. These women cared about public policy and ran for office to get things done. They weren’t recruited by strategists who thought they would be a marketable package. For this place in history to go to someone as ignorant and stage-managed as Joni Ernst feels very wrong.

That said, at least my children will not grow up believing that Iowans are too narrow-minded to elect a woman to Congress.

3. The Iowa Supreme Court is more likely to expand voting rights for thousands of non-violent ex-felons.

I had hoped Staci Appel would become Iowa’s first woman in Congress, but this wasn’t the year to be running against a guy who projects as a generic Republican.

The good news is that Iowa Supreme Court Justice Brent Appel will almost certainly be able to hear a lawsuit expected to be filed soon, which would challenge Iowa’s current law on voting rights. In April, a divided Iowa Supreme Court allowed Tony Bisignano to appear on the ballot despite a aggravated misdemeanor conviction. Three of the seven justices indicated that they were prepared to strike down a 1994 law defining all felonies as “infamous crimes,” which under the Iowa Constitution lead to the loss of a citizen’s voting rights. Three other justices disagreed with that opinion for various reasons and would uphold current law.

Justice Appel recused himself from the Bisignano case, but in other non-unanimous rulings he has usually joined the justices who believe not all felonies should disqualify Iowans from voting (Chief Justice Mark Cady and Justices Daryl Hecht and Bruce Zager).

Iowa Supreme Court justices tend to err on the side of recusing themselves, rather than hearing cases where there could be any appearance of a conflict of interest. Had Staci Appel won on Tuesday, I suspect Brent Appel would not have weighed in on any case affecting who might be able to vote to re-elect his wife. His participation could make the difference between a 3-3 split and a 4-3 majority ruling rendering the legislative definition of an “infamous crime” as unconstitutional. Thousands of Iowans with non-violent felony convictions might then be able to vote, as felons can do in most other states upon completion of their sentences.

UPDATE: When I wrote this post, I didn’t know the American Civil Liberties Union of Iowa was planning to file a lawsuit today challenging Iowa’s restriction on felon voting rights. The ACLU of Iowa is acting on behalf of Kelli Jo Griffin, who was tried and acquitted for voter fraud earlier this year. After the jump I’ve enclosed the announcement, with more background and detail on the lawsuit.  

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Fewer women will serve in the Iowa Senate, more in Iowa House

For the past two years, ten women have served in the Iowa Senate (20 percent of the chamber’s membership). That number will fall to seven or eight by the time the newly-elected legislature begins its 2015 session.

However, the number of women who will serve in the Iowa House will grow from 25 to 27 for the next two years. Follow me after the jump for details and a full list of Democratic and Republican women who will serve in the newly-elected Iowa legislature.

Following up on prospects for increasing racial and ethnic diversity in the Iowa legislature, all five African-American state representatives were re-elected to the Iowa House this week: Helen Miller (House district 9), Ruth Ann Gaines (House district 32), Ako Abdul-Samad (House district 35), Deborah Berry (House district 62), and Phyllis Thede (House district 93). Neither party nominated any African-American candidates for the Iowa Senate, which remains all-white.  

Iowans have yet to elect a Latino candidate to the state legislature. Democrats nominated Karyn Finn in House district 60 and Maria Bribriesco in Senate district 47, but both lost to Republican incumbents on Tuesday.

As has been the case since Swati Dandekar left the Iowa Senate in 2011, the Iowa legislature includes no Asian-American lawmakers. Neither party nominated any Asian-American candidates in 2014.

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The morning after an election

(Amen to that. - promoted by desmoinesdem)

Yes, I am sad this morning. And frustrated. And mad. It's inevitable when you spend the better part of two years campaigning for candidates and ideas you strongly believe it. But I won't spend time bashing the winners or criticizing the campaigns for what they supposedly should or should not have done, although we should most definitely learn from any mistakes. And here is why:

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The case for Jim Mowrer to run in Iowa Senate district 24

A lot of talented, hard-working Democrats lost last night. I can only imagine how exhausted and disappointed they feel. Among others, I’m thinking of Jim Mowrer. He fought the good fight against Representative Steve King, arguably better than King’s previous challengers, but the fourth Congressional district is too conservative for any Democrat to have a chance–especially in a Republican wave election.

Mowrer is so bright and capable, many Democrats will want him to stay involved in public service. Even Tom Harkin needed two tries to get elected the first time.

It occurred to me recently that Iowa Senate district 24 will be on the ballot in 2016. The district includes Boone, Greene and Hamilton counties, plus some areas in Webster and Story counties. A detailed map is after the jump. Boone County, where Mowrer grew up and now lives with his wife and children, contains more registered voters than Hamilton and Greene counties combined. Republicans outnumber Democrats in Senate district 24, but no-party voters outnumber both groups, and a lot more of them show up in a presidential year. Both Barack Obama and Christie Vilsack carried Boone County in 2012. Mowrer fell just short of matching King’s vote total in Boone yesterday, but he outperformed the top of the ticket by a lot in his home county. He also outpolled Bruce Braley in Hamilton and Greene counties.

Jerry Behn currently represents Iowa Senate district 24. Nancy Boettger’s retirement this year leaves Behn as the longest-serving Republican in the Iowa Senate, having won his first race in 1996. For about a year, he was minority leader, but he stepped aside shortly after failing to lead Republicans back into the majority in 2012. Stuck in the minority and locked out of caucus leadership for the foreseeable future, Behn may retire in 2016. His former right-hand man, Brad Zaun, has reportedly been telling people he won’t run for re-election again. Even if Behn seeks another term, Mowrer’s skill set and background would make him a stronger challenger than anyone Democrats have fielded against Behn lately. I’ve enclose Mowrer’s official bio below.

Any relevant comments are welcome in this thread.

P.S. – I know it’s “too early” to be talking about 2016, but you wouldn’t be here if you weren’t a political junkie.

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20 Iowa House races to watch tonight

Thanks to Iowa’s non-partisan redistricting process, we have an unusually large number of competitive state legislative districts. In any given general election, depending on candidate recruitment, between one dozen and two dozen of the 100 Iowa House districts could be up for grabs. Democrats and Republicans spend big money on a much smaller number of districts; this year, only seven Iowa House races involved a large amount of television advertising. But the parties and candidates invest in direct mail and/or radio commercials in many more places than that.

Republicans go into election day favored to hold their Iowa House majority, which now stands at 53 seats to 47. Carolyn Fiddler has pegged seven “districts to watch” at her Statehouse Action blog, and in September, the Des Moines Register’s Jason Noble discussed five districts he viewed as “key to Iowa House chamber control.” I see the playing field as much larger.

Follow me after the jump to review 20 Iowa House seats that will determine control of the chamber for the next two years.

Caveat: most years, there’s at least one shocking result in an Iowa House district neither party had their eye on. I’m thinking about Tami Weincek defeating a longtime Democratic incumbent in Waterloo in 2006, Kent Sorenson defeating a Democratic incumbent in Warren County in 2008, three Democratic state representatives who had run unopposed in 2008 losing in 2010, and Democrat Daniel Lundby taking out the seemingly safe Republican Nick Wagner in the Linn County suburbs in 2012. Wagner had run unopposed in the previous election.

So, while I don’t expect any of the “favored” seats discussed below to change hands, I would not rule out a surprise or two. That would be excellent news for the stealth challenger’s party.

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Enter Bleeding Heartland's 2014 general election prediction contest

Time for another Bleeding Heartland election prediction contest. To enter, post your guesses as comments in this thread before 7 am on Tuesday, November 4. Predictions submitted by e-mail or social media will not be considered. It’s ok to change your mind, as long as you post your revised predictions as an additional comment in this thread before the deadline.

No money’s at stake here, just bragging rights like those enjoyed by Bleeding Heartland users ModerateIADem (twice), American007, Johannes, and tietack. This isn’t “The Price is Right”; the winning answers will be closest to the final results, whether they were a little high or low.

Even if you have no idea, please try to take a stab at answering every question. We had no clear winner in this year’s primary election prediction contest; the best guessers on some races were way off on other races.

Minor-party or independent candidates are on the ballot for some races, so the percentages of the vote for Democratic and Republican nominees need not add up to 100. You can view the complete list of candidates for federal and state offices in Iowa here (pdf).

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New thread on competitive Iowa Senate races

It’s been a while since Bleeding Heartland posted a thread dedicated to the Iowa Senate races. Democrats go into the election with a 26 to 24 majority in the upper chamber, where 25 of the 50 districts are on the ballot this year. Only a handful of those races appear to be competitive.

Carolyn Fiddler, who blogs about state legislative races here, has rated the Iowa Senate as a “Tossup/Tilt D” chamber on her list of state legislative chambers most likely to flip. In those terms, I consider the Iowa Senate a “lean D” chamber, as a lot has to break for Republicans to get them to 26 seats.

In theory, Democrats are defending six seats: five incumbents have challengers, and one Democratic-held seat is open. In reality, Republicans have failed to mount strong challengers against Amanda Ragan in Senate district 27 or Tod Bowman in Senate district 29. Moreover, the Iowa GOP is not putting significant money behind Jeremy Davis, its challenger in Senate district 23. Davis has just started running some positive radio ads in the Des Moines area, whereas radio commercials were launched more than a month ago in the targeted races.

The Democratic incumbent who appears to be most at risk is Daryl Beall in Senate district 5. His territory changed quite a bit with redistricting, and Mitt Romney carried it in the 2012 presidential election. Republicans are also making a strong play for the open Senate district 15. Both parties have been running radio ads since late September, but as of last week only Democrats were on television in Senate district 15, with a positive spot about Chaz Allen. To a lesser extent, Republicans have put money behind Brian Schmidt’s campaign in Senate district 49, but the demographics of that district favor incumbent Senator Rita Hart.

Republicans could win two of the Democratic-held Iowa Senate seats, but that won’t get them to the magic 26 unless they hold all of their current seats. Two of those are heavily targeted. In the open Senate district 39, both parties have been advertising on the radio for more than a month. Democrats have invested far more in television ads (all positive for Kevin Kinney) than Republicans have for Mike Moore.

The other Republican-held Senate seat most at risk appears to be Senate district 41. By voter registration and top of the ticket performance, this should be a Democratic seat. The best thing going for State Senator Mark Chelgren is that Mariannette Miller-Meeks is the Republican nominee in Iowa’s second Congressional district. She’s an underdog against Representative Dave Loebsack, but a strong turnout for her in the Ottumwa area would benefit Chelgren, as it did in 2010.

Carolyn Fiddler encouraged readers to keep an eye on Senate district 47, but even though Barack Obama carried that district in 2012, it would be an upset for Maria Bribriesco to defeat incumbent Roby Smith. That said, Democrats have hit SD-47 with quite a bit of direct mail.

Any relevant comments are welcome in this thread.

UPDATE: Forgot to mention that surrogates have gotten involved with many of these races. Senator Tom Harkin headlined an October 27 rally in Fort Dodge for Beall. Maryland Governor Martin O’Malley did an event earlier this month for Steve Siegel in Senate district 41. On the Republican side, Governor Terry Branstad has been in Ottumwa recently to help Chelgren and plans events for the GOP candidates in Senate districts 15 and 39 soon.

SECOND UPDATE: Tim Kraayenbrink, the GOP challenger to Beall in Senate district 5, has just started running a positive television commercial in the Des Moines market. The gist is that he’s a small business owner, unlike “career politicians in Des Moines.” I haven’t caught it on tape yet but am fairly certain he did not mention Beall by name.

Iowa House Republican candidate James Butler has history of abuse, misconduct

Yesterday the Iowa Democratic Party published online several disturbing documents about James Butler, the Republican nominee in Iowa House district 26. Butler narrowly won a GOP primary and faces first-term Democratic State Representative Scott Ourth. The seat covers most of Warren County, including the cities of Indianola and Carlisle (a detailed map is after the jump). House district 26 is one of central Iowa’s most politically balanced state legislative districts. As of October 2014, it contained 6,421 active registered Democrats, 6,802 Republicans, and 7,046 no-party voters.

Before the primary, I didn’t hear much about Butler beyond the information in his official bio, which highlighted his career with the Des Moines Police Department. This summer, the Republican Butler defeated in the primary, Eric Durbin, flirted with running for House district 26 as an independent, and I saw some grumbling on social media about Butler’s past. I dismissed that chatter as likely to be sour grapes coming from Durbin’s supporters.

The official documents uploaded yesterday by the Iowa Democratic Party shocked me. First, a court order of protection that Butler’s ex-girlfriend received in 2005 details physical abuse and threats by the police officer. Second, a lawsuit filed by apparently the same woman against Butler, which details further abuse, harassment, and threats, including violation of the no-contact order. Butler allegedly told the woman there was no point in calling law enforcement because he was a police officer. Third, Civil Service Commission and Polk County District Court documents related to Butler’s brief suspension from the Des Moines police over an incident in 1997, when he was working as an off-duty police officer at a convenience store. The Civil Service Commission and later the district court judge validated Butler’s suspension over severe misconduct.

As far as I’m concerned, that kind of record should be disqualifying in a candidate for political office. How is it possible the public is only now hearing about Butler’s background, two weeks before the election and nearly a month after early voting began? The Des Moines Register ran a brief story about Butler’s candidacy in March, based on his press release. Just this week, the paper ran a short profile of Butler as part of its “meet the candidate” series, again using information supplied by the candidate. Maybe I’m naive, but I would have thought the Register would be checking court records and public documents for mentions of state legislative candidates. I also would have expected Butler’s GOP primary opponent to have brought some of this information to light.

UPDATE: I forgot to raise another question: why was Butler able to remain a police officer with this kind of record?

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Who would joke about feeding people into farm machinery?

Besides a sociopath, that is. The answer is Iowa Governor Terry Branstad, speaking at a campaign event yesterday.

“Do you know how many lawyers it takes to grease a combine? Only one but you gotta feed him in real slow.”

According to Kathie Obradovich, the crowd of about 50 people in Boone found this quip funny, along with State Representative Chip Baltimore’s follow-up crack about seeing trial lawyers on combines in the countryside. Obradovich added that in her view, the governor’s joke was “a groaner, not to mention in poor taste.” That’s putting it mildly. Democratic gubernatorial candidate Jack Hatch was more in the ballpark when he called Branstad’s comments “offensive and sickening.”

In a statement Hatch said “a governor should be focused on promoting farm safety during harvest and not making offensive jokes that play on the tragedies all too common with farm machinery.”

I’m sure Branstad wouldn’t laugh at any tragedy happening to a “real Iowan.” He just enjoys portraying attorneys as lower life forms.

This lawyer’s daughter is mortified that any public official, let alone the most senior person in state government, would think it’s funny to joke about grinding up people you don’t like. I get it: half the Iowa GOP campaign strategy this year is stirring up cultural resentment against “elitist trial lawyer” Bruce Braley. He supposedly doesn’t represent “Iowa values,” unlike Joni Ernst, the “farm girl” and Sunday school teacher whose husband cracked a joke about trying to murder his ex-wife.

If any Iowa Democratic official or candidate made a self-styled humorous appeal for violence, I’d be the first to call them out. Don’t hold your breath waiting for some Republican to condemn our governor’s sick sense of humor.  

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Latest ads for Chaz Allen in Iowa Senate district 15

To gain control of the Iowa Senate, which has had a 26-24 Democratic majority for the last four years, Republicans have to win two Democratic-held seats and retain control over all seats they currently hold. The top two targets for the GOP now appear to be Senate district 5, held by three-term Democratic incumbent Daryl Beall, and Iowa Senate district 15, covering most of Jasper County and eastern Polk County. This seat is open because longtime Democratic incumbent Dennis Black is retiring. Both Democratic candidate Chaz Allen and Republican Crystal Bruntz started running positive radio commercials the same week early voting began. Last week, Republicans started running a negative ad on Allen that is still playing on Des Moines area radio stations.

Allen now has a positive television commercial running in the Des Moines market as well as a comparative radio spot. I’ve enclosed my transcripts of both ads after the jump.

Any comments about competitive state legislative races are welcome in this thread. I’ve been listening to live-streams of radio stations in other targeted Iowa Senate districts (in the Fort Dodge, Ottumwa, and Washington areas) but haven’t caught many political commercials.  

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Fired Iowa Senate Republican staffer files sexual harassment lawsuit

Former Iowa Senate Republican staffer Kirsten Anderson filed a lawsuit in Polk County District Court yesterday, claiming she was subjected to “sex discrimination, sexual harassment, and retaliation in violation of the Iowa Civil Rights Act.” Anderson served as communications director for the Iowa Senate GOP caucus from February 2008 to the middle of May 2013. Bleeding Heartland covered the circumstances surrounding her firing here and here. Anderson filed a complaint with the Iowa Civil Rights Commission last year. She is suing the State of Iowa, the Iowa Senate, the Iowa Senate Republican caucus, Iowa Senate Minority Leader Bill Dix, Iowa Senate Republican senior staffer Eric Johansen, and Ed Failor, Jr., the primary advisor to Dix since shortly after Dix was chosen to lead the GOP caucus in late 2012.

William Petroski’s report for the Des Moines Register includes a link to the 20-page court filing, which can be downloaded as a pdf file. Pages 3 through 7 list many incidents supporting Anderson’s claims about a hostile work environment and sexual harassment, starting in 2010. Several current and former lawmakers are named. The lawsuit paraphrases inappropriate comments by former GOP Senators Shawn Hamerlinck and Merlin Bartz. Senator Tim Kapucian is said to have laughed at an unnamed senior analyst’s inappropriate comments about a “loose” female Democratic senator. Senators Joni Ernst and Sandy Greiner allegedly “did and said nothing” after witnessing “sexual innuendo and inappropriate behavior exhibited by their male colleagues.” Ernst denied that charge in a written statement, which I’ve enclosed after the jump. She suggested Anderson was perhaps “being exploited ahead of the election.”

Speaking to the Des Moines Register, Anderson’s attorney Mike Carroll

denied any political motivation behind the timing of the lawsuit. He said that before a lawsuit could be filed, his client had to file a complaint with the Iowa Civil Rights Commission. The complaint was filed last year. The commission issued a letter in July giving Anderson 90 days to file a lawsuit, and the filing deadline was set to expire Oct. 29, he said.

In her own statement, Anderson said, “As to the suggestions that I am a pawn in a political drama, that is not the case. I am standing up for my rights as an employee; a right to work in a place without inappropriate and discriminatory conduct.”

Pages 12 through 17 of the court filing include a memo Anderson handed to Johansen on the morning of May 17, 2013, suggesting that her work was being criticized because she had complained about a “sexually hostile work environment” that “no private sector workplace would tolerate.” Later the same day, in Dix’s presence, Johansen gave Anderson a choice of resigning or being fired. Pages 17 and 18 list six causes of action under the Iowa Civil Rights Act. Anderson is seeking back pay and benefits, compensatory damages, a ruling that her termination was unfair and/or discriminatory, and injunctive relief requiring (among other things) new training procedures for Iowa Senate staffers.

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Republicans running negative radio ads in key Iowa Senate and House races

Radio commercials appeared in several competitive Iowa Senate districts during the last week of September, coinciding with the start of early voting. This week, the Republican Party of Iowa has launched the first negative radio spots I’ve heard in state legislative races this year. After the jump I’ve enclosed the transcript of the ad attacking Chaz Allen, the Democratic candidate in the open Iowa Senate district 15. Allen’s own positive ad, which Bleeding Heartland transcribed here, is still in rotation and promotes the former Newton mayor’s record of recruiting businesses. The new Republican spot blames Allen for high property taxes that allegedly discouraged companies from coming to Newtown after “Maytag pulled out on Chaz Allen’s watch.” The ad also plays up Governor Terry Branstad’s support for Crystal Bruntz, the Republican candidate in Senate district 15. While the ad asserts that Bruntz “understands job creation,” it fails to mention anything substantive she has ever done to create jobs.

In Iowa Senate district 41, a leading pickup opportunity for Democrats, Republican State Senator Mark Chelgren’s new radio spot highlights flippant and sarcastic responses Siegel mailed in response to a survey Chelgren circulated in 2010. More details on that commercial are after the jump.

In the open Senate district 39, another seat targeted by both parties, a Bleeding Heartland reader tells me that the new Republican radio spot attacks Democratic nominee Kevin Kinney over his support for “Common Core” educational standards. I have not heard the ad yet and would appreciate any further details. It seems like an odd angle for an attack, but I guess Kinney’s background as a deputy sheriff and family farmer didn’t give them easy targets. Politics-watchers generally believe that education is a campaign issue favoring Democrats. As far as I can tell, fear-mongering over Common Core only resonates with social conservatives who would already be voting for Kinney’s opponent, Michael Moore.

I have not yet heard details on radio spots attacking State Senators Daryl Beall or Rita Hart, the Democratic incumbents in Senate districts 5 and 49, respectively. Nor have I heard of any attack ads against three-term Democratic incumbent Amanda Ragan in Senate district 27, although anecdotally, Republicans have supposedly given up on taking back that seat. I always appreciate tips from Bleeding Heartland readers, so please let me know if you’ve heard radio ads in the Fort Dodge, Clinton, or Mason City area.

In the open Iowa House district 55 (northeast Iowa), Republican Daniel Branhagen started running a commercial this week calling his Democratic opponent Rick Edwards a big spender. I haven’t heard attack ads against any Iowa House Democrats yet on Des Moines area radio stations.

Any comments about the state legislative races are welcome in this thread.

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Democracy for America getting involved in seven Iowa House races

The progressive political action committee Democracy for America announced this morning that it has endorsed seven Democratic candidates for the Iowa House: three incumbents, three challengers to Republican state representatives, and one candidate running in an open seat. Winning those seven races could flip the chamber to Democratic control–but only if Democrats do not lose any other Iowa House districts they currently hold. Republicans take a 53-47 Iowa House majority into next month’s election, meaning Democrats need a net gain of four seats.

I’ve posted Democracy for America’s full statement after the jump. The PAC will offer financial and organizational support to the following Iowa House candidates:

• Scott Ourth, a first-term incumbent seeking re-election in Iowa House district 26 (most of Warren County, including the Indianola area)

• Joe Riding, a first-term incumbent seeking re-election in Iowa House district 30 (most of eastern Polk County)

• Curt Hanson, an incumbent seeking re-election in Iowa House district 82 (most of Jefferson County including Fairfield, plus Van Buren and Davis counties)

• Charlie McConkey, first-time candidate in Iowa House district 15 (western half of Council Bluffs plus Carter Lake in Pottawattamie County, open because Republican State Representative Mark Brandeburg retired)

• Dave Grussing, challenger to first-term GOP State Representative Tedd Gassman in Iowa House district 7 (Emmet and Winnebago counties, plus part of Kossuth County)

• Teresa Meyer, challenger to first-term GOP State Representative Sandy Salmon in Iowa House district 63 (Bremer County and parts of northern Black Hawk County)

• Kristi Keast, challenger to first-term GOP State Representative Quentin Stanerson in Iowa House district 95 (much of Linn County outside the Cedar Rapids metro area, plus part of Buchanan County)

Gassman, Salmon, and Stanerson won their 2012 Iowa House races by margins of 44 votes, 115 votes, and 200 votes, respectively.

Extra help for Riding and Hanson could have collateral benefits for Democrats hoping to maintain their Iowa Senate majority. Riding’s seat makes up half of the open Senate district 15, a Democratic-held seat that Republicans are targeting. Hanson’s seat makes up half of Senate district 41, a Democratic-leaning district now held by Republican Mark Chelgren (the biggest surprise winner of 2010).

In an upcoming series of posts, Bleeding Heartland will review these and other Iowa House districts targeted by one or both parties. Thanks to Iowa’s non-partisan redistricting process, in any given election year more than a dozen of the 100 Iowa House races are competitive. The Democratic Legislative Campaign Committee considers the Iowa House one of its top opportunities in the country to flip a state legislative chamber. GOP Iowa House Speaker Kraig Paulsen has expressed confidence that his party will hold and possibly expand its majority.

UPDATE: The Democratic Legislative Campaign Committee put two Iowa House districts and two Iowa Senate districts on its list of “2014 Races to Watch.” I’ve added that announcement to the end of this post.

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Both parties targeting Iowa Senate district 15 race between Chaz Allen, Crystal Bruntz

In recent weeks, I’ve heard from various sources that Republicans were shifting resources toward the race in Iowa Senate district 15. The longtime Democratic seat covering most of Jasper County and eastern Polk County is open because of Senator Dennis Black’s retirement. A district map is after the jump.

Confirming that Senate district 15 is a priority for both parties, positive ads for both candidates are now running on Des Moines area radio stations. Forty days before the election is relatively early for paid advertising to begin in an Iowa state legislative campaign, but with more Iowans voting by absentee ballot, candidates can’t afford to wait.

After the jump I’ve posted the transcript of the radio spot promoting Republican Crystal Bruntz and what I could remember from the Democratic ad promoting Chaz Allen. I’ll update this post with a full transcript if I can catch it on tape. UPDATE: Added the transcript below.

Allen’s commercial sounds more effective to me. For part of the time, the candidate speaks in his own voice, and the script connects him to economic development in the Newton area, where he was mayor and now heads the Jasper County Economic Development Corporation. The Republican ad for Bruntz wraps biographical information around a more generic “she’ll help grow the economy for our children” message. It does not give listeners any clue where the candidate is running for state Senate. The pro-Bruntz spot has one good feature: it doesn’t start out sounding like a political ad, which probably keeps some listeners from instantly changing the station.

I will be surprised if Bruntz pulls out a victory here. My sense is that Republicans are targeting Senate district 15 for lack of a better idea. Having failed to recruit a top-tier candidate in Senate district 27, they seem to recognize that beating three-term State Senator Amanda Ragan of Mason City isn’t in the cards. But Republicans need at least two pickups to gain an Iowa Senate majority (assuming they hold all their current seats, no easy task). Aside from Ragan’s seat, the only other Democratic-held district on the ballot where Republicans have a voter registration advantage is Senate district 5, now held by Daryl Beall of Fort Dodge. They will go all-out for Beall’s seat, but they need at least one more gain.

Not only is Senate district 15 an open seat, it looks fairly competitive on paper with 13,869 active Democrats, 12,632 Republicans, and 13,542 no-party voters according to the latest figures from the Iowa Secretary of State’s Office. That’s more promising for the GOP than other seats they could shoot for. I can’t see a Steve King staffer winning Ames-based Senate district 23. The Republican nominee in Senate district 29 is an amateur who had $50 in the bank four months before the election. While Republicans have an experienced office-holder running in Senate district 49, the voter registration numbers favor Democrats more there, and Senator Rita Hart is a hard-working incumbent.

Any comments about the Iowa Senate races are welcome in this thread. I appreciate tips from Bleeding Heartland readers on any direct mail, radio or television advertising for or against state legislative candidates. You can either post a comment on this site or send a confidential message to desmoinesdem AT yahoo.com.

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Latest Iowa absentee ballot numbers (as of September 23)

Based on the latest data from the Iowa Secretary of State’s Office, I’ve updated after the jump tables showing how many absentee ballots Iowans have requested and returned, statewide and in the four Congressional districts.

Tables from previous days can be viewed here. Note that the number of ballots returned is still quite low, because most of the 99 county auditors are starting to mail ballots this week. In-person early voting begins tomorrow, 40 days before the general election.

Among the four Congressional districts, IA-02 has both the largest number of ballot requests so far and the largest difference between the Democratic and Republican numbers. That’s bad news for Mariannette Miller-Meeks in her third attempt to unseat Representative Dave Loebsack, an uphill battle in my opinion. It may also be good news for Democrats hoping to maintain or expand their Iowa Senate majority, because several of the most competitive Iowa Senate districts are located within the second Congressional district (namely, Senate district 39, Senate district 41, Senate district 15, and to a lesser extent Senate district 49).

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Polling . . House District 71?

(For the past week or so, telephone polls have been in the field in many Iowa House districts, but this is the first I've heard about someone getting polled for the wrong statehouse race. Anyone else had the same experience? - promoted by desmoinesdem)

 . . but it's debateable how good the polling of House 71 is.

I got a call last evening on my cell which is issued to a number (I thought) in the Story County phone exchange.  It's from 801-685-8913, Murray, Utah, from “National Polling”. Basic demographical data is asked, and then they ask me if I know these two names: Mark Smith & Jane Jech. Hell, no, I say. 

Okay, moving on, whom do you support for Governor, Senate . . etc. Operator specifically names *all* the names on ballot for each race, with party affliation. How likely am I to vote; what am I registered as? 

Getting back to Smith and Jech, do you like/dislike either? Whom will you vote for, Mr. Smith, the Democrat, or Ms. Jech, the Republican?

Thank you, end of call. 

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Another baby step toward making medical cannabis available in Iowa

The Iowa legislature’s Cannabidiol Implementation Study Committee met Thursday to discuss problems related to the implementation of the new law intended to allow Iowans to use cannabis oil to treat seizure disorders. Although the law went into effect on July 1, families who lobbied for measure are not yet able to purchase the oil derived from marijuana plants, because of various legal hurdles. Ten lawmakers (five from each chamber and five from each political party) serve on the study committee: State Senators Joe Bolkcom (D), Bill Dotzler (D), Steve Sodders (D), Charles Schneider (R), and Mike Brietbach (R), and State Representatives Walt Rogers (R), Clel Baudler (R), Linda Miller (R), John Forbes (D), and Bob Kressig (D).

Tony Leys reported for the Des Moines Register that the committee voted 9-1 to recommend that the state reschedule marijuana from “a Schedule I drug, meaning its use for any reason is illegal,” to “a Schedule II drug, which could be used for medical purposes.” Rogers was the dissenting vote. The committee voted 6-4 for “a motion to recommend allowing the closely regulated production and distribution of medical marijuana for approved patients. The motion did not specify what type of marijuana, but it did say the state should not tax the products.” Baudler, at one time Iowa’s most vocal opponent of medical marijuana, joined the five Democrats on the committee to approve that motion. However, Leys noted that Baudler “strenuously opposes expanding the law to let people possess marijuana to treat other conditions, such as cancer or Crohn’s disease. The committee rejected a motion to recommend such an expansion.”

The committee’s recommendations are not binding on the Iowa House and Senate, which will go back into session next January.

Not to take anything away from the suffering of Iowans with seizure disorders, but I don’t understand why lawmakers would want to approve medical cannabis for those conditions only and not for a range of other chronic or life-threatening diseases, which affect thousands of people here. Other states have created workable programs limiting access to those with genuine medical needs, and a majority of Iowans support legalizing the medical use of marijuana. Oncologists have been quietly recommending cannabis to cancer patients for at least four decades.

Iowa judge sentences medical marijuana user to probation

In a case being watched by medical marijuana advocates across the country, cancer patient Benton Mackenzie received three years of probation rather than a prison term for his conviction in July on drug charges. Mackenzie had grown marijuana plants on his parents’ property in order to extract cannabis oil, and his wife and son also faced drug charges. At the trial, District Court Judge Henry Latham did not allow Mackenzie’s attorney to tell the jury that the defendant was trying to treat his angiosarcoma. Yesterday, the same judge sentenced both Mackenzie and his wife Loretta Mackenzie to probation, in line with the prosecutor’s recommendation in the case. After the jump I’ve posted excerpts from Brian Wellner’s report for the Quad-City Times and Grant Rodgers’ report for the Des Moines Register. Libertarian candidate for governor Lee Hieb, a medical doctor, attended yesterday’s hearing and afterward called for a change in public policy to give people “the right to choose our own cancer care.” Mackenzie expressed hope that he will be the “last person” to be prosecuted under similar circumstances.

The Mackenzie family wants to move to Oregon, where a doctor has approved Benton Mackenzie for participation in that state’s medical marijuana program. Probation officers in Iowa would have to sign off on the move before the family could leave the state. Mackenzie also plans to appeal “in an effort to get the Iowa Supreme Court to reconsider its decision in a 2005 case that bars Iowans from using claims of medical necessity as a defense to growing marijuana.”

I still think it was a waste of taxpayer money to prosecute a critically ill person for growing marijuana intended for personal use. Iowa lawmakers should make cannabis more accessible to people who can demonstrate a medical need for it.

LATE UPDATE: Judge Latham sentenced Benton Mackenzie’s close friend Stephen Bloomer to five years in prison for helping the cancer patient buy materials for growing marijuana. Bloomer is free on bond pending consideration of his appeal. Scroll to the end of this post for more details on that case. What a travesty.

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Three reasons it's too soon for Iowa Democrats to celebrate an early voting lead

Part of a series on GOTV in Iowa this year

Less than two weeks remain before county auditors start mailing absentee ballots to Iowa voters. On September 22, the Iowa Secretary of State’s Office will start releasing updates on absentee ballots requested and returned statewide and by Congressional district. As in 2012, Bleeding Heartland will post those totals daily.

Data from a few of the larger counties indicate that the Iowa Democratic Party’s head start on canvassing this summer has produced a clear advantage on absentee ballots requested. Iowa Republican blogger Craig Robinson is fretting about the GOP “getting out worked when it comes to early voting.” Former Iowa Senate GOP staffer Don McDowell is upset with conservatives who refuse to vote before election day. He has seen more than a few statehouse races lost narrowly after Republican candidates were crushed in the early vote.

However, it’s way too soon for Democrats to be over-confident about this year’s early vote lead, for three reasons.

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The 2014 Iowa ground game: 12 Canvassing dos and don'ts

First in a series of posts on GOTV in Iowa this year

Air time for television advertising has become the most expensive line-item in many election campaigns. Outside groups have spent millions of dollars already on Iowa commercials targeting U.S. Senate candidates Bruce Braley and Joni Ernst, with millions more to be spent over the next 60 days. Nevertheless, I don’t know many people who believe attack ads will determine the outcome of close races like Iowa’s U.S. Senate battle. Barring some extraordinary campaign event (such as a meltdown in the debates), the winner will be the candidate whose side does a better job of identifying its supporters and turning them out to vote.

The number of Iowans who voted in each of the last two midterm elections was about a third lower than the number who had voted in the most recent presidential election. If that trend holds, approximately 1.1 million Iowans will cast ballots in the 2014 general election. Braley and other Democrats can’t afford to have turnout resemble 2010, when only 56.5 percent of registered Iowa Democrats voted, as opposed to 69 percent of registered Republicans.

The Iowa Democratic Party has been crowing about its bigger and better “coordinated campaign,” an effort to build on the successful 2012 early voting program here. No question, Democrats got a big jump on the ground game while the Iowa GOP was mired in poor fundraising and a messy leadership transition. Democrats have had canvassers out every weekend for months, and so far have generated many more absentee ballot requests than Republicans. The Iowa GOP has stepped up its door-knocking over the past several weeks, and Governor Terry Branstad will spend part of his war chest to assist the early voting efforts.

Knocking on doors is one of the most valuable ways to volunteer for a campaign. For those willing to spend a few hours on a weeknight or a weekend afternoon, I’ve enclosed my best advice for canvassing after the jump. Please feel free to share your own experiences with canvassing (on either side of the door) in this thread. Six years ago, a guest diarist posted his top tips here.

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Iowa's medical marijuana law too limited, unworkable

On the last day of this year’s legislative session, Iowa lawmakers took a baby step toward legalizing the medical use of marijuana in this state. I found it regrettable that the only compromise acceptable to Governor Terry Branstad and key Iowa House Republicans limited access to cannabis oil suitable for treating seizure disorders. Thousands of other Iowans suffer from debilitating chronic and/or life-threatening conditions, which could be alleviated with medical marijuana in other forms.

Turns out, the new law isn’t even helping the few hundred people who could theoretically benefit from cannabis oil. Although the law went into effect on July 1, parents who lobbied for it told the Des Moines Register’s Tony Leys this week that access to the medicine is “still light years away.”

[T]he law included no legal method for growing or selling the product. State administrators are still working out the details of how to issue ID cards allowing residents to possess marijuana extract bought in other states.

[Sally] Gaer and other parents believe their children’s seizures could be significantly dampened with a form of marijuana oil that has low levels of THC, the chemical that makes marijuana users high. But they remain unable to legally obtain the oil, which is said to have worked well in other states. […] Colorado law only allows sales of the medication to Colorado residents, they said. They’ve heard that once they have their Iowa-issued cards, they might be allowed to purchase the extract in Oregon. “What are we all going to do, get in a wagon train and go over the mountains?” Gaer said with a wry laugh.

The women said they were disappointed by how long it’s taking Iowa officials to implement the law, which technically took effect July 1. […]

The women said they have found Iowa-licensed neurologists willing to sign a form recommending the marijuana extract for their children, as the Iowa law requires. However, the form has not been created yet by state officials. If the families can find an out-of-state supplier willing to sell the oil to them, they would face a cost of several hundred to more than a thousand dollars per month – plus the cost of travel. They also could risk arrest for carrying the oil through states that don’t allow it.

Why are we putting families through this ordeal when more than a dozen states have already led the way toward making medical marijuana available to people who need it? After the jump I’ve posted a video of Dr. Steven Jenison talking about New Mexico’s medical cannabis program, which he helped to implement in 2007.

State Senator Joe Bolkcom has promised he will work to expand the new law during the 2015 legislative session. Here’s hoping the Iowa House and Senate will listen.

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

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

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

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Weekend open thread: Cost of doing nothing edition

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

Sunday’s Des Moines Register includes a good feature by Lauren Mills of IowaWatch.org and the Iowa Center for Public Affairs Journalism. She lays out how payday lenders are “burying Iowans” in debt. Iowa Senate Ways and Means Committee Chair Joe Bolkcom pointed out that the payday lending business model depends on “locking people into this cycle of debt.” Previous research has indicated that payday lenders cost Iowa consumers about $36 million per year. Mills reports that this industry spends heavily on campaign contributions and lobbying the Iowa legislature. Lobbyists talk a good game about jobs and helping people who need cash for emergency expenses. But think how many more jobs could be created if Iowans living paycheck to paycheck had $36 million more to spend on goods and services, rather than on outlandish “loan shark rates.”

Mills reports that legislation to regulate interest rates charged by payday lenders has been stalled. Bolkcom said Senate Majority Leader Mike Gronstal won’t bring up the bill unless it can pass the Republican-controlled Iowa House. House Majority Leader Linda Upmeyer called that a “convenient excuse” for the Senate not to act. I haven’t noticed her or any other House Republicans acknowledging this problem, though.

The best chance for Iowa lawmakers to address payday lending was during the period when Democrats controlled “the trifecta.” In 2007, the Iowa House and Senate approved, and Governor Chet Culver signed, a bill capping interest rates on car title loans. (Such legislation had been stalled for years when Republicans controlled the Iowa House, although it attracted bipartisan support in both chambers in 2007.) Three years later, Bolkcom and then Iowa House Democrat Janet Petersen made a major push to pass a similar interest rate cap on payday lenders. However, industry lobbyists warned that such a law would put payday lenders out of business, as had happened with car title lenders. A wide range of organizations supported the payday lending reform, including the Iowa Attorney General’s office, the Iowa Catholic Conference, the Child and Family Policy Center, and Iowa Citizens for Community Improvement. But ultimately, the House version of that bill died when conservadem State Representative Mike Reasoner sided with two Republicans to kill it in subcommittee.

Some Iowa local governments, most recently in Waterloo, have passed zoning rules to try to prevent payday lenders from targeting low-income neighborhoods. But state regulations are the only realistic way to stop the cycle of debt perpetuated by lenders who keep borrowers coming back for more high-interest loans and cash advances. Iowans on the edge are paying the price for the legislature’s failure to act years ago.

New data bolster supporters of raising Iowa's gas tax

The average cost of owning a car is lower in Iowa than in any other state, the Cedar Rapids Gazette’s B.A. Morelli reported on August 16, citing an analysis by Bankrate.com. Car insurance costs an average of $630 per year in Iowa, the lowest in the 50 states. Vehicle repairs cost Iowa drivers an average of $315 per year, also the lowest number for any state. The average cost of gasoline for Iowa drivers worked out to $998 a year, taking into account not only the price of gas but also vehicle miles traveled and fuel efficiency rates. That’s “middle of the pack,” Morelli noted.

Iowa’s gasoline tax has not been increased since 1989, reaching a historic low in real terms. Meanwhile, Iowa road and bridge conditions continue to deteriorate. Three years ago, our state ranked third-worst in the country for structurally deficient bridges. The latest data indicate we are second-worst in that category, with more than 20 percent of the state’s bridges in need of repairs or replacement.

Democratic gubernatorial candidate Jack Hatch supports raising the gas tax, while Governor Terry Branstad has said he favors other ways to finance road and bridge work. The candidates clashed over that issue during last week’s debate. Branstad has left himself some wiggle room by not pledging to veto a gas tax increase.

The current leaders of the Iowa House and Senate Transportation Committees strongly support raising the gas tax to pay for road work. Bills to increase the tax by a total of 10 cents per gallon over several years passed committees in both chambers in recent years, but advocates were unable to recruit enough bipartisan support to pass them in the full Iowa House or Senate in either of the past two legislative sessions. Iowa House Transportation Committee Chair Josh Byrnes has promised to keep working on this issue, and State Representative Brian Moore, the vice chair of that committee, said this spring that a gas tax hike is “in the works” for 2015. He has emphasized that weight limits on structurally deficient bridges are bad for businesses like the livestock transportation company he owns.

Republicans Byrnes and Moore both represent Iowa House districts that may be targeted this fall, as does Iowa Senate Transportation Committee Chair Tod Bowman, a Democrat. Prospects for raising the gas tax will depend in part on whether key advocates are re-elected in November. Regardless of which parties control the Iowa House and Senate after the midterm elections, a gas tax increase would have to be a bipartisan effort.

Democratic and Republican critics of increasing the gasoline tax have pointed out that consumption taxes tend to be regressive, hitting lower-income people harder. A gas tax hike would also disproportionately affect rural residents, who may need to travel further to work or shop. The Washington-based Institute on Taxation and Economic Policy has recommended reforms to address those concerns. I’ve posted the short summary after the jump; you can read more in depth on their ideas for “building a better gas tax” here. I would add that any increase to Iowa’s gas tax should be accompanied by “fix-it first” language, so that new road construction doesn’t swallow the most of the revenue that should be earmarked for repairs. Fixing roads and bridges gives taxpayers more bang for their buck and creates more jobs than building new roads or putting new lanes on existing roads, which (while sometimes needed) increase future maintenance costs.

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State Representative Henry Rayhons charged with abusing his incapacitated wife

When I criticized State Representative Henry Rayhons for announcing his retirement so late in an election year, I had no idea this was coming down the pike:

Today, 78 year old Henry Rayhons of Garner, Iowa was arrested after charges were filed against him for 3rd Degree Sexual Abuse, a class C Felony. […]

The criminal complaint states that on or about May 23, 2014, Rayhons committed sexual abuse upon the victim [Donna Rayhons] by performing a sex act upon her as a person suffering from mental defect or incapacity, after he had been told that the victim did not have the cognitive ability to give consent to any sexual activity.

You can view the complaint and affidavit here (pdf). After the jump I’ve posted the full text of the Iowa Department of Public Safety press release, a statement released by Henry Rayhons’ attorney, and excerpts from relevant news coverage. Henry Rayhons has been released from jail after posting bail. Donna Rayhons passed away on August 8.

It appears that the prosecution’s case against Rayhons will rely on testimony from Donna Rayhons’ roommate at the nursing home, surveillance camera footage from the nursing home, and statements the state lawmaker made while being interviewed by a Department of Criminal Investigations agent on June 12. Judging from comments made yesterday by Rayhons’ son and by his attorney, the defense will argue that Rayhons is the victim of a “witch hunt,” that he loved his wife, and that the “sexual contact” he admitted to “could be anything from a hug or a kiss.”

Rayhons’ late retirement makes a lot more sense now. By the way, on August 14 local Republicans held a special election to nominate Terry Baxter in Iowa House district 8, the seat Rayhons will vacate. Baxter will face Democrat Nancy Huisinga in a district that strongly favors Republicans in voter registrations and presidential voting in 2012.

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How not to retire from the Iowa legislature (revisited)

A few months ago, Bleeding Heartland criticized the practice of longtime Iowa legislators announcing their retirements within a day or two of the filing deadline for primary candidates. Too many incumbents in both parties have pulled that stunt over the years. Respect for one’s constituents demands giving people outside a small circle of party activists a few weeks, or ideally a few months, to consider running for the Iowa House or Senate.

Yesterday, State Representative Henry Rayhons demonstrated an even worse way to retire from the Iowa legislature. Just eleven days before the deadline for getting a candidate on the general election ballot, the nine-term Iowa House Republican announced that he would not seek re-election, citing “ongoing family and health matters.” Rae Yost reported for the Mason City Globe-Gazette that the Rayhons family “has been dealing with issues regarding appointment of a guardian and conservator” for the 78-year-old lawmaker’s wife.

Rayhons should have announced his retirement earlier this year, anticipating that he would be unable to serve another two-year term. Then other Republicans could have competed in a primary to represent Iowa House district 8, covering part of Kossuth County and all of Hancock and Wright counties. Now only a handful of GOP activists will have a say in choosing Rayhons’ successor. They need to convene a nominating convention in the middle of vacation season and the Iowa State Fair. The GOP nominee will face Democrat Nancy Huisinga in a district that strongly favors Republicans in voter registrations and presidential voting in 2012.

Arguably, Rayhons should have stepped aside gracefully three years ago, after Iowa’s new map of political boundaries threw him and two House GOP colleagues into House district 8. Instead, House Majority Leader Linda Upmeyer moved to the Clear Lake area to run in House district 52. It made no sense for Upmeyer to defer to an eight-term backbencher like Rayhons when doing so meant bigfooting Gabe Haugland, the ambitious young Republican who was already planning to run in HD-52. Everyone could see that Rayhons didn’t have a long political career ahead of him and wasn’t a key member of the House GOP caucus. We haven’t seen the last of Haugland, who was elected to the Iowa GOP’s State Central Committee earlier this year. But he could be seeking a second term in a safe Iowa House seat by now if Rayhons had allowed Upmeyer to stay in HD-08.

I’m glad there is no mandatory retirement age for Iowa legislators, but sometimes our older incumbents are too reluctant to step aside for a younger generation.

UPDATE: I was sorry to hear that Donna Lou Young Rayhons passed away on August 8.

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