# State Legislature



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.

A smoke-free Cedar Rapids casino is not a public health initiative

The Iowa Racing and Gaming Commission sent a strong message last week to backers of a casino project in Cedar Rapids: don’t bother trying to get a license for at least the next three years.

Rational actors would have started working on Plan B for prime downtown real estate as soon as commissioners voted down the application for a Cedar Rapids casino in April. But Mayor Ron Corbett and some other movers and shakers are determined to chase the gambling dream, through legislative or judicial means. Instead of taking the hint from the Racing and Gaming commissioners, Corbett is ratcheting up his strategy for gaining legislative approval for a new casino. He’s smart and experienced enough to know that state lawmakers need a better excuse for acting than “we don’t like what the commission did.” So, he’s now dressing the casino project up as a public health initiative. Lawmakers shouldn’t fall for or hide behind this ruse.

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

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

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

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

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

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

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Republicans nominate Jonathan Lochman in Iowa Senate district 17

After fielding candidates in every Iowa Senate district in 2012, Republicans left a bunch of low-probability seats uncontested this year. One of those districts now has a GOP candidate, however: a special convention on July 24 selected Jonathan Lochman to run in Iowa Senate district 17. I don’t see a website for his campaign, but Lochman’s on Facebook here. During 13 years of active duty in the U.S. Army, he served wartime tours in both Afghanistan and Iraq. He’s now the Iowa coordinator for Team Rubicon (the Iowa chapter is on Facebook here).

Iowa Senate district 17 is open because State Senator Jack Hatch is running for governor. Tony Bisignano narrowly won a contentious three-way primary in this heavily Democratic seat covering parts of downtown Des Moines and the south side. In a press release, Lochman asserted that Bisignano would “be a rubber stamp for the radical, obstructionist agenda of Mike Gronstal,” whereas the Republican would “be an independent voice for my community.” Iowa Senate Minority Leader Bill Dix asserted, “Des Moines voters deserve a candidate​ like Jonathan Lochman, who has​ the integrity, honor and passion to effectively represent their interests at the State Capitol​.” Judging from that comment and various Republican posts on social media, the plan is for Lochman to win by playing up Bisignano’s drunk driving arrests and scandals from his previous term of service in the Iowa Senate during the 1990s.

It would be a historic upset for a Republican to win a state legislative seat here. The latest official figures show that Senate district 17 contains 16,388 active registered Democrats, 6,559 Republicans, and 9,792 no-party voters. Bisignano should have help from the Iowa Democratic Party’s coordinated campaign, because other Democratic candidates (notably Hatch, U.S. Senate nominee Braley, and IA-03 nominee Staci Appel) are counting on good GOTV in strongholds like the south side of Des Moines.

Also on July 24, Polk County Republicans held a special convention to nominate Army veteran Tom Hess in Iowa House district 34, covering half of Senate district 17. Hess will challenge longtime Democratic State Representative Bruce Hunter and has about the same chance of winning as Lochman (slim to none). As of July 1, House district 34 contained 8,404 active registered Democrats, 3,497 Republicans, and 5,114 no-party voters.

P.S. – I would have posted the full press release on Lochman’s campaign launch, but the “latest news” on the Iowa Senate Republicans website is a press release from mid-May.

UPDATE: Cityview’s Civic Skinny published a detailed account of Tony Bisignano’s drunk driving arrest and how the case unfolded from there. Many details were new to me, and I suspect that if they had been more widely known, Nathan Blake might have won the Senate district 17 Democratic primary.

The most surprising fact recounted by Civic Skinny is that Jennifer Jacobs apparently e-mailed her draft Des Moines Register story on the OWI to Bisignano before publishing. Double-checking quoted remarks is one thing, but I am not aware of any newspaper where it is standard practice to run a full draft by the public figure who is the subject of the article.

Martin O'Malley: Presidential candidate? Maybe. Clinton rival? No way.

It makes perfect sense for potential Democratic presidential candidates to visit Iowa, meeting activists and keeping their options open. That doesn’t mean any of them would run against former Secretary of State Hillary Clinton.

Case in point: Maryland Governor Martin O’Malley. Having keynoted the Iowa Democratic Party’s state convention last month, he’s coming here again this weekend, headlining events for State Senator Rita Hart and state Senate candidate Kevin Kinney on Saturday, then Council Bluffs and Sioux City events for gubernatorial nominee Jack Hatch on Sunday. Politico’s Maggie Halberman notes that O’Malley “has said he’s exploring a 2016 presidential run.” A Des Moines Register headline writer termed him a “possible rival” to Clinton. Chris Cillizza of The Washington Post speculated, “O’Malley is term limited out as governor at the end of this year and undoubtedly thinks a credible run for president might bolster his chances of a spot in a Clinton Administration.”

I just don’t see it. Laying the groundwork for a potential campaign is not the same thing as preparing to embark on a suicide mission. O’Malley doesn’t come across as a guy like Senator Bernie Sanders, who knows he will never be president but might run to shine a light on issues important to him. O’Malley goes way back with Bill and Hillary Clinton. He stuck with Hillary for president even after Barack Obama dominated the 2008 Maryland primary. From where I’m sitting, CNN’s Dan Merica had it exactly right when he described O’Malley as an “understudy,” “angling to be the person who could step in” if Clinton does not run for president for whatever reason. Maryland’s term limits for governors make 2016 an ideal time for O’Malley to run for president, but he’s only 51 years old–young enough to wait until 2020 or 2024 if necessary.

Meanwhile, I hope all of this weekend’s events are successful, because Hatch, Hart, and Kinney are very worth supporting.

Any relevant comments are welcome in this thread.

P.S. – Hart’s re-election bid in Senate district 49 is a must-hold for Democrats. Kinney’s running in the open Senate district 39, and if he wins, it would virtually guarantee a Democratic majority in the state legislature’s upper chamber for the next two years.

Weekend open thread: Walking the talk edition

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

State Representative Chuck Isenhart, the ranking Democrat on the Iowa House Environmental Protection Committee, has installed solar panels on his Dubuque home as a personal step to address climate change. Details are after the jump. Solar power has a reputation for being expensive to install, but technological advances and policy changes have reduced the payback time for many home and business owners. Isenhart expects to save money in the long-term. A bill approved during this year’s legislative session improved Iowa’s tax incentives for solar in several ways.

The Register’s Annual Great Bike Ride Across Iowa, begins its northern route in Rock Valley today. Good luck to everyone in the Bleeding Heartland community planning to do all or part of RAGBRAI. Last week’s weather would have been absolutely perfect; I hope the high temperatures will mostly stay below 90 this week. In its recent feature on “33 useful tips for newbies” to the experience, I found it strange that the Register focused so much on the drinking culture. Carl Voss, a Des Moines bicycling advocate and veteran of 36 RAGBRAIs, unloaded on what he called “sophomoric drivel” in an angry letter to the editor. Excerpt:

Granted, alcohol attracts some riders and non-riders among the more than 10,000 RAGBRAI participants. It happens. But trust me, that isn’t the way most participants enjoy RAGBRAI, Iowa and our communities.

Now, flip to the RAGBRAI website, where RAGBRAI (and therefore the Register) includes among the “Top 10 Recommendations for Rider Safety“: Do NOT drink alcohol and ride. […]

Publishing crap like this in your news columns will turn me off to RAGBRAI and the Register.

Another letter to the editor, which I’ve posted after the jump, focused on the large number of puppy mills near this year’s RAGBRAI route. The Iowa legislature passed a bill in 2010 that was designed to reduce abuses at puppy mills, but unfortunately Iowa still has some bad actors in the industry. Adopting a pet from a shelter such as the Animal Rescue League has so many advantages. If your heart is set on a purebred animal, at least visit the breeder’s facility before buying a pet.

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Change in Iowa Medicaid policy hasn't reduced abortion access

A year after Iowa law changed to require the governor to approve all Medicaid reimbursements for abortions, the new policy does not appear to have limited low-income women’s access to abortions in cases of rape, incest, threat to the mother’s life or severe fetal abnormality.

On the other hand, the policy has in effect ended Medicaid coverage of abortion in Iowa, which was already among the most restrictive states in this area.  

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Weekend open thread, with Iowa medical marijuana links

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

Among the new Iowa laws that took effect at the beginning of the current fiscal year on July 1, the act legalizing the use of cannabis oil for certain seizure disorders drew the most media attention. Senate File 2360 (full text) passed the Iowa House and Senate during the final hours of the 2014 legislative session. This week the Iowa Department of Public Health released draft rules on how Iowans can gain legal access to this drug derivative for medical purposes. This page on the Iowa DPH website contains details on how to obtain a “Cannabidiol Registration Card.” Eligible Iowans will be able to pick up cards through their county’s Iowa Department of Transportation office, because DOT offices are more accessible for many people.

During negotiations with Iowa House Republican leaders and staff from Governor Terry Branstad’s office, the scope of Senate File 2360 was narrowed to cover only the use of cannabis oil (not marijuana in any smokeable form), and only for seizure disorders, meaning that roughly a few hundred Iowa families will benefit from the new law. But a criminal trial verdict that made headlines this week may spur future efforts to help the thousands of Iowans who seek to use marijuana to treat chronic or terminal health conditions. A Scott County jury convicted Benton Mackenzie, along with his wife and son, of drug charges for growing marijuana plants. Mackenzie’s elderly parents are due to stand trial soon for allowing the plants to be grown on their property. The presiding judge didn’t allow Mackenzie’s attorneys to tell jurors he was growing the drugs to treat a rare cancer, because medical marijuana is not legal in Iowa.

Quad-City Times reporter Brian Wellner covered the Mackenzie case and discussed it on Iowa Public Radio this week. After the jump I’ve posted excerpts from a few news reports on the verdict. I agree completely with State Senator Joe Bolkcom, the leading advocate for medical marijuana in Iowa, who called the decision to prosecute Mackenzie and his family members a “waste of taxpayer money.”  

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July 4 weekend open thread: Iowa fireworks debate

Happy Independence Day to the Bleeding Heartland community. We’re heading out to the Windsor Heights parade soon. Holiday parades and summer festivals are great outreach opportunities for candidates and their campaigns. Please share any favorite parade stories in this thread.

Last weekend Democratic State Senator Jeff Danielson and Republican State Senator Jake Chapman co-authored an editorial promising to work together next year to legalize fireworks in Iowa.

Senate File 2294 had several provisions that would allow fireworks to be safely regulated. Those stipulations would include prohibiting minors from purchasing fireworks, giving local municipalities the ability to restrict fireworks and the fire marshal the ability to regulate fireworks in the case of droughts.

The fireworks ban originally was a result of a Depression-era fire created by a sparkler in the middle of a drought when temperatures were nearing 100 degrees.

There also are misnomers and myths surrounding the fireworks-related injuries. In fact, the number of fireworks-related injuries in the U.S. has decreased drastically – nearly 61 percent – from 1994 to 2011, according to the U.S. Consumer Product Safety Commission. This decrease in reported injuries is noteworthy considering the use of fireworks increased nearly 100 percent during the same time period.

We remind Iowans that as we near the celebration of our independence, fireworks remain illegal in Iowa. About 42 states have legalized some form of fireworks. We encourage all those who wish to have the same freedom to display fireworks, to please contact your legislators and let them know it is time for Iowa to join America in celebrating our Independence Day with fireworks.

Here’s some background on “The Great Spencer Fire” of 1931.

I’m a bit surprised to see Danielson taking the lead on this issue, as he is not only a firefighter but also a veteran. Amateur fireworks can prompt anxiety or panic attacks for veterans with post-traumatic stress disorder.

Playing with sparklers, which are legal, as well as fireworks purchased from neighboring states, contributes to a surge in eye injuries around July 4. Interest groups representing doctors have lobbied strongly against lifting the ban on most fireworks because of the risk of burns.

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Ronda Bern will face John Forbes in Iowa House district 40

Republicans held a special convention in Iowa House district 40 yesterday to nominate a candidate against first-term State Representative John Forbes. Remarkably, no Republican filed to run in this district before the March filing deadline. Two candidates attempted to win the nomination through write-in votes on the June 3 primary, but neither reached the required threshold.

Kevin Hall reported for The Iowa Republican that establishment candidate Ronda Bern won the nominating convention by 4.5 to 3.5 over college student Jeremy Freeman. (GOP Polk County Central Committee members from the various precincts in the House district cast weighted votes based on how many Republican votes came from each precinct in the last general election.) I’m surprised Bern didn’t defeat Freeman more decisively. The nominating convention could have gone the other way if Freeman had a few more friends on the central committee.  

Click here for background on Bern. After the jump I’ve posted a map of House district 40 and the latest voter registration numbers. This will likely be a targeted seat in the general election. Republicans currently hold a 53 to 47 Iowa House majority.

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Branstad vetoed funds for Iowa civil rights history project

I was so focused on the environmental impacts of Governor Terry Branstad’s recent vetoes, I failed to look closely at other appropriations in a supplemental spending bill he axed. Today I learned from Democratic State Senator Rob Hogg,

Saturday is the 50th anniversary of the start of Freedom Summer and the murder of Schwerner, Goodman and Chaney – it is too bad Governor Branstad vetoed the $300,000 the Legislature appropriated on a bipartisan basis to help the African-American Museum of Iowa collect Iowa’s civil rights history and educate the public about these historic events.

There it is on page 4 of Senate File 2363: $300,000 for “an oral history of civil rights” at the African-American Museum of Iowa in Cedar Rapids.

It’s maddening that Governor Branstad has no problem with tens of millions of dollars in tax giveaways to wealthy corporations, yet he pleads fiscal prudence when vetoing spending like this, which serves the public interest without major impact to the state budget. Many of the 1950s and 1960s civil rights activists have already passed away, and those who haven’t are senior citizens. “Freedom Summer” was a major event in 20th century American history. Some Freedom Summer veterans with connections to Iowa City or the University of Iowa have already told their stories to historians or recorded their memories on paper or film. The Historical Iowa Civil Rights Network are doing their part too, and you can follow their work here. I’m disappointed that the African-American Museum of Iowa won’t have the funding to collect and archive these stories on a larger scale.  

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Prospects for increasing diversity in the Iowa legislature

Forty men and ten women currently serve in the Iowa Senate. No senators are African-American, Latino, or Asian-American.

Seventy-five men and 25 women currently serve in the Iowa House. Five state representatives are African-American and none are Latino or Asian-American.

Time for a look at how those numbers might change after the November election, now that primaries have determined the major-party nominees in all state legislative districts. Click here for the June 3 unofficial election results and here for the full list of candidates who filed to run in the primaries.

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Republicans likely to nominate Ronda Bern in Iowa House district 40

Last week Bleeding Heartland mentioned that two Republicans were actively seeking write-in votes in Iowa House district 40, the Iowa GOP’s most spectacular recruiting failure in a statehouse district this year. Normally, major parties rectify such problems by nominating a candidate during the summer at a special district convention. However, little-known conservative activist Jeremy Freeman started aggressively door-knocking last month to obtain write-in votes (at first using a cowboy card that misspelled Governor Terry Branstad’s name). Due to a little-known feature of Iowa election law and low turnout in Urbandale during the 2012 Republican primary, a write-in candidate could have taken the House district 40 nomination outright with 149 or more votes on June 3.

Local establishment Republicans swung into action behind Ronda Bern. An alert Bleeding Heartland reader shared with me a copy of her direct mail piece, which reached voters shortly before the primary. I got a kick out the fib on the front side: “In order to have a candidate on the ballot in November in HD 40, you must follow the write-in instructions on the back of this card.” Not true, as we’re going to find out during the next couple of months. I’ve posted the mailer after the jump, along with an excerpt from the May 23 press release announcing Bern’s candidacy.

On election night, I saw on the Polk County Auditor’s website that 254 write-in votes were recorded in House district 40, and thought perhaps Bern or Freeman made it over the line. But Bern received just 110 write-in votes, Freeman 103. The rest of the write-ins were for people who received either one or two votes apiece, according to the Polk County elections office. Since no one won the nomination through write-ins, Republicans can schedule a district convention anytime to nominate their candidate. All signs point to Bern. I couldn’t find any record of her donating to Iowa House or Senate candidates in the past, but she and her husband maxed out to Matt Whitaker’s unsuccessful U.S. Senate campaign. In 2010, she gave $2,000 to Jim Gibbons’ campaign in Iowa’s third Congressional district.

House district 40 is likely to be a battleground race this fall. It’s among a handful of Democratic-held Iowa House districts that Mitt Romney carried in the last presidential election. The latest figures from the Secretary of State’s Office indicate that the district contains 6,385 active registered Democrats, 7,405 Republicans, and 6,037 no-party voters. Both parties ran television commercials here during the open-seat race in 2012, which Forbes won by 1,069 votes. Many local Republicans supported the Democrat, a local pharmacist, business owner, and longtime Urbandale City Council member. The latest financial reports show that in mid-May, Forbes’ campaign had a little more than $19,000 cash on hand.

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Branstad slashes conservation and clean water funding

It’s one of the oldest tricks in any governor’s playbook: schedule media events for bill signing ceremonies you want the public to hear about, while burying bad news late on a Friday, after reporters have filed their stories. I was worried Governor Terry Branstad would make big cuts to environmental funding just before Memorial Day weekend, as he had cut food bank money two years ago.

Instead, Branstad’s office released the news about this year’s spending vetoes after dinnertime on Friday, May 30. Hours earlier, the governor had welcomed reporters, lawmakers, and members of the public to watch him sign a bill legalizing the possession of cannabis oil to treat seizure disorders, as well as a bill altering Iowa’s HIV transmission law.

Follow me after the jump for the gory details. I no longer consider 2014 a good year for Iowa environmental funding.

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At least two Republicans now seeking nomination in Iowa House district 40

Up to now, the lack of a Republican candidate in Iowa House district 40 has represented one of the most spectacular recruiting failures in Iowa politics this year. Democratic State Representative John Forbes is a first-term incumbent in a wealthy suburban district where registered Republicans outnumber Democrats, and Mitt Romney outpolled Barack Obama in 2012. I’ve posted a map of House district 40 after the jump. The latest figures from the Iowa Secretary of State’s office indicate that the district contains 6,405 active registered Democrats, 7,385 Republicans, and 6,060 no-party voters. On paper, it’s the most promising GOP pickup among the House seats where no Republican filed candidacy papers in time to be on the primary ballot.

I had assumed that Republicans would convene a special district convention this summer to nominate a challenger against Forbes. But I forgot about an obscure provision of Iowa law, which holds that

if there is no candidate on the official primary ballot of a political party for nomination to a particular office, a write-in candidate may obtain the party’s nomination to that office in the primary if the candidate receives a number of votes equal to at least thirty-five percent of the total vote cast for all of that party’s candidates for that office in the last preceding primary election for which the party had candidates on the ballot for that office.

Just 423 votes were cast in the 2012 Republican primary in Iowa House district 40, which means that a write-in candidate might need just 149 write-in votes on June 3 to receive the GOP nomination. Although few write-in candidates receive that many votes in Iowa legislative races, that is not an insurmountable hurdle. A well-organized write-in candidate for Windsor Heights City Council received more than 200 votes one year. Lots of Urbandale Republicans are presumably planning to vote on June 3, given the five-way primary for U.S. Senate and the six-way primary for the third Congressional district.

Late last week, a young guy named Jeremy Freeman announced his candidacy for the GOP nomination. I hear he has been knocking on doors in Urbandale, but I don’t know much about him. His Facebook page contains little information, other than saying he is a “Bold New Conservative Leader.” It appears that the Republican establishment quickly found an alternative write-in candidate, Ronda Bern. Her press release mentions that as well as being a homemaker and co-owner of Vannguard Utility Partners, “a multi-state underground locating business,” Bern volunteers at the Lutheran Church of Hope. That’s one of the largest congregations in the Des Moines metro area; hundreds of its members probably live in House district 40.

UPDATE: In response to Bleeding Heartland user rockm’s question below, I confirmed with the Polk County Auditor’s Office that if both Freeman and Bern receive more than 149 write-in votes, the GOP nomination will go to the person who received the larger number of votes.

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Branstad will sign cannabis oil, e-cigarette bills; undecided on dog racing

Governor Terry Branstad plans to sign a bill that would allow possession of cannabis oil for the treatment of some seizure disorders, he announced while taping Iowa Public Television‘s “Iowa Press” program today. He noted the bill will help some children with epilepsy, and he’s satisfied its “limited” scope will not increase abuse of marijuana in smokeable form.  

The governor also said he will sign a bill banning the sale of e-cigarettes to children, adding that his wife is a “militant” anti-smoker. Trouble is, that bill was backed by tobacco industry lobbyists. Many public health groups lobbied against the bill.

Branstad has not decided whether to sign the dog racing bill, which would end greyhound racing at one casino in Council Bluffs and get a non-profit casino in Dubuque off the hook for subsidizing the races. His concern isn’t the massive giveaway to dog breeders and kennel owners, which makes no sense to me. Rather, he is worried that lobbyists for horse racing interests didn’t get their cut from the bailout. O.Kay Henderson reports for Radio Iowa,

“I understand the benefits that the people in Council Bluffs and Dubuque see from this, and the greyhound industry,” Branstad says. “My concern is the horse industry was left out of this.” […]

However, the governor’s concern is over provisions in the bill that would give the greyhound industry authority to strike deals to simulcast dog and horse races at any of the state’s casinos and get all of the profit from it. Today simulcasting deals are only allowed at the casinos in Altoona, Council Bluffs and Dubuque and Iowa’s horse industry gets the financial take.

“There is some concern that I’m hearing from my friends in the horse industry. I’ve always been close with them,” Branstad says. “We have a very big and significant horse industry in the state of Iowa.”

Branstad has ’til June 2 to decide whether to sign or veto the bill.

“I’m trying to weigh all those things,” Branstad says. “I want to do something that’s fair to all the communities involved and fair to all the parties and the one group that seems to be, because of the simulcasting provisions of that bill, having some concerns is the horse industry and so I’m carefully reviewing that,” Branstad says. “I have not made a final decision.”

Environmental activists in Iowa are nervously awaiting the governor’s decision on a bill to expand solar tax credits and several spending bills that include record-high funding for the Resource Enhancement and Protection (REAP) conservation program. The governor recently said he is concerned about various parts of a supplemental spending bill that contained $5 million of the REAP funding. In 2012, Branstad line-item vetoed half a million dollars for Iowa food banks on the Friday before Memorial Day.

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Cedar Rapids mayor won't give up casino dream

Talk about opportunity costs: Cedar Rapids Mayor Ron Corbett will not pursue any alternative development plans for a downtown parcel of land where backers hope to build a casino. Rather, he will continue to pursue the casino project despite last month’s 4 to 1 vote by the Iowa Racing and Gaming Commission to reject a gambling license for Cedar Rapids.

Speaking to Rick Smith of the Cedar Rapids Gazette, onetime Iowa House Speaker Corbett said he hopes the Iowa legislature will approve a bill granting a license for a smoke-free casino to Iowa’s second-largest city. Democratic State Senator Wally Horn already tried to add such language to a bill limiting greyhound racing, but his amendment was ruled not germane.

Independent research has repeatedly shown that the hidden economic costs of casinos “far exceed their benefits and that [casinos] are a poor use of precious downtown land.” But even if that were not true, why waste years trying to persuade the Iowa legislature to pass this kind of bill? What are the chances lawmakers will go along with a special deal for Cedar Rapids, when many of them represent districts with casinos that stand to lose market share? Furthermore, current Iowa House Speaker Kraig Paulsen, who represents a suburban Cedar Rapids district, screwed up Iowa’s chance to get passenger rail to Iowa City (and possibly later to Des Moines and Council Bluffs).

Corbett seems to hope Jack Hatch will win the governor’s race; Hatch has expressed support for a Cedar Rapids casino. If elected, he might sign a bill for this purpose, or might appoint like-minded people to the Racing and Gaming Commission. But that process would take years. Why not pursue plan B or plan C for Cedar Rapids? There are many other approaches to economic development that do not hurt other local businesses the way casinos do.

The spin about a smoke-free casino being a “healthy” option for a “Blue Zone” community like Cedar Rapids is a sick joke. Casinos are no benefit to public health. On the contrary, problem gambling increases with accessibility and incurs major hidden health costs.  

IA-03: A brilliant pander by Brad Zaun

I don’t see State Senator Brad Zaun winning the GOP nomination in Iowa’s third Congressional district. From the numbers I’ve seen, Republican donors and voters are looking elsewhere. But give credit where credit is due: Zaun made the most of his interview with Des Moines Register editors this week. GOP activists will eat up news that Zaun “sometimes carries a 9 mm handgun while working in the Senate chamber” or appearing at public events. Never mind that the rules are clear, and legislators are not exempt from the ban on carrying firearms or other dangerous weapons in the capitol complex. The GOP base will love Zaun’s explanation of why the rules shouldn’t apply to him: “I went through all the lawful procedures that were required of me [to carry a concealed weapon]. I am going to defend myself if someone attacks me, and I have a right to do that.”

Click here for other highlights from Zaun’s sit-down with Register staff. Explaining why he is “smarter and wiser” than during his 2010 Congressional bid, Zaun explained that he now supports government subsidies for the biofuels industry. I took issue with this whining, though:

On another note, Zaun said he doesn’t think it’s fair for news organizations to keep bringing up a 2001 West Des Moines police report that surfaced during the 2010 campaign. The police report detailed his conflict with a former girlfriend at a time when he was divorced. No charges were filed. Zaun has since remarried.

Zaun pointed out that the woman provided a statement to The Des Moines Register just days before the 2010 election in which she said she remained friends with Zaun and she planned to vote for him. “It is something that we have just both moved on from, and I think it is unfortunate that this keeps getting brought up,” he said.

No, what’s unfair is that the mayor of Urbandale was able to keep this incident covered up for so long, including during his first campaign for the Iowa Senate in 2004. When a person’s harassment of someone else becomes intense enough for police to be involved, that’s a red flag voters should know about. I’m glad Zaun and his onetime girlfriend have reconciled, but that “unfortunate” part of his record was newsworthy and should have been public knowledge way before he ran for Congress in 2010.

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Highlights from this year's Iowa Senate votes on Branstad nominees

During the 2014 legislative session, the Iowa Senate confirmed all but a handful of Governor Terry Branstad’s more than 200 nominees for state boards and commissions. It’s not unusual for senators to vote down one or two appointees, but this year the Senate confirmed everyone who came up for a vote on the floor.

The only close call was former Iowa House Republican Nick Wagner, confirmed to the Iowa Utilities Board last month with just one vote to spare. Branstad originally named Wagner to the three-member utilities board in 2013 but pulled his nomination when it became clear that senators would not confirm him. Branstad named Wagner to that board anyway, right after the Senate adjourned for the year in 2013. By the time his nomination came up for consideration this year, a couple of factors that worked against him were no longer relevant. Former State Senator Swati Dandekar had resigned from the board to run for Congress, so there would no longer be two of three members from Marion (a Cedar Rapids suburb). Furthermore, Branstad named attorney Sheila Tipton to replace Dandekar, so senators could no longer object to the lack of a lawyer on the Iowa Utilities Board.

Still, most of the Democratic caucus opposed Wagner’s nomination. State Senator Rob Hogg cited the nominee’s support for a bad nuclear power bill that the legislature considered a few years back. Meanwhile, State Senator Matt McCoy (who incidentally wanted to pass the nuclear bill) noted that as a key Iowa House Republican on budget matters, Wagner “was not willing to listen” and “took very difficult and very hard-line positions.” After the jump I’ve posted the roll call on the Wagner nomination; 11 Democrats joined all 24 Republicans to confirm him.

As in recent years, the governor withdrew a handful of nominees who were not likely to gain at least 34 votes (a two-thirds majority) in the upper chamber. A few nominees for low-profile boards had to go because of party imbalance issues. Chet Hollingshead, one of seven Branstad appointees to the Mental Health and Disability Services Commission, never came up for a vote, presumably because of a theft incident Bleeding Heartland user Iowa_native described here.

I am not sure why Senate Majority Leader Mike Gronstal informed Branstad that Jason Carlstrom was unlikely to be confirmed as chair of the Iowa Board of Parole. The governor first appointed Carlstrom to that position in the summer of 2012, to fill out the remainder of someone else’s term. The Iowa Senate unanimously confirmed him during the 2013 legislative session. When Branstad reappointed Carlstrom to the parole board this year, I didn’t expect him to run into any trouble. I will update this post if I learn more details.

The highest-profile nominee withdrawn by Branstad was former Iowa House Republican Jamie Van Fossen, whom the governor wanted to chair the Public Employment Relations Board. Cityview’s Civic Skinny described the backstory well; I’ve posted excerpts after the jump. Van Fossen still serves on that board, having been confirmed to a full term in 2012. But the new chair will be Mike Cormack, a Republican who served four terms in the Iowa House and later worked for the State Department of Education. Senators unanimously confirmed Cormack last month. The outgoing Public Employment Relations Board chair, Jim Riordan, has alleged that the board faced political pressure from Branstad staffers to hire an employer-friendly administrative law judge.

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Iowa legislature not serious yet about preserving soil and clean water

The Iowa House and Senate wrapped up the 2014 session during “Soil and Water Conservation Week.” While certain environmental programs did well in the budget for fiscal year 2015, the legislature did not adequately address some of the biggest problems affecting Iowa’s soil and water.

The Iowa Environmental Council blog linked to several recent articles by “top experts on Iowa soil conservation,” who “expressed alarm about the state of our soil” and in particular the rapid rate of erosion. Along with other kinds of agricultural runoff, soil erosion contributes to toxic algae blooms in rivers and lakes, not only in Iowa and neighboring states but also across much of the U.S. Nutrient pollution is a major reason that more than half of the country’s rivers and streams are “in poor condition for aquatic life.”At the end of this post, I’ve enclosed an infographic explaining how toxic algae blooms form and how to prevent them.

Iowa lawmakers continue to throw money at the state’s Nutrient Reduction Strategy, without insisting on numeric criteria for nitrogen and phosphorous levels in water and without the goals, timelines and monitoring needed to assure Iowans that waterways are becoming cleaner. In fact, the fiscal year 2015 appropriation for the Iowa Department of Agriculture and Land Stewardship removed wording requiring that money for watershed projects be used to reduce nutrients. Follow me after the jump for the disturbing details.

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