Many Iowa GOP activists are upset that dozens of House and Senate Republicans voted to increase the gasoline tax this week. WHO drive-time radio host Simon Conway has been bashing some legislators who voted for the gas tax hike. He’s also urging listeners to “ditch the GOP” by changing their party registration.

Such symbolic acts mean little to compared to what Eric Durbin did yesterday. Appearing on Conway’s Thursday afternoon broadcast, he announced that he will challenge nine-term incumbent GOP State Representative Clel Baudler in Iowa House district 20. Durbin narrowly lost the GOP primary in House district 26 last year, but he recently moved his family from Indianola to a farm in Baudler’s district. His campaign is on Facebook here; at this writing, the website still lists House district 26, which covers most of Warren County. I assume that will be changed soon. Durbin’s core issues hit many of the top priorities for conservatives.

House district 20 covers Guthrie and Adair counties, plus parts of Dallas and Cass counties. A detailed map is after the jump. According to the latest figures from the Iowa Secretary of State’s office, House district 20 contains 4,629 active registered Democrats, 6,471 Republicans, and 7,490 no-party voters. Although Mitt Romney just barely carried this district in the 2012 presidential election, Baudler was re-elected by more than a 2,000 vote margin that year and last November. For those reasons, Baudler is probably at more risk from a primary challenger than from a Democrat in the next general election.

Among the longest-serving Iowa House Republicans, Baudler was first been elected in 1998. He has chaired the House Public Safety Committee since 2011. Although he’s a longtime member of the National Rifle Association’s board of directors, Baudler drew the ire of some Iowa gun rights activists by not advancing a gun bill during the 2012 legislative session. Nevertheless, he didn’t face a primary challenger either that year or in 2014. The Iowa Gun Owners group will likely get behind Durbin’s primary challenge. I wonder whether anti-tax groups like Iowans for Tax Relief and Americans for Prosperity will do much to punish the incumbents who went against them on the gas tax issue.

Any relevant comments are welcome in this thread.

When I am not a moderatepachy, I am a lawyer.  The majority of my practice is as defense counsel in civil litigation.  Sometimes, the job is rewarding, especially when you win in lawsuits initiated by lawyers who advertise like this (disclosure: I have never opposed them, but I hope to one day, and win).  Other times, the job causes headaches, because my job is to to be a skeptic.

Recently, I went to the Iowa State Senate to talk about this proposed legislation.  SF107 extends the Statute of Limitations for filing civil (and criminal) actions relating to sex abuse of a child.  You can read an 80% accurate depiction of the Senate Subcommitte hearing here.  Believe this moderatepachy, the testimony from the survivors was passionate.  Petrovsky omitted that another survivor of abuse, John, gave compelling testimony.

What Petroski also missed is that the bill would allow suits within 25 years of the “discovery” of abuse by the alleged victim.   In other words, the 60+ year old senior partner at my firm could “discover” tomorrow that he had been abused as a child, and he would have 25 years to file suit… imagine a lawsuit filed in 2039 for something that allegedly occurred during the LBJ administration.   (No doubt Hillary Clinton's granddaughter and Ted Cruz's son will yell at one another about the lawsuit one day on Fox News' “Hannity & Son”).

The sensitive and difficult nature about these types of suits is touched on here by the Iowa Catholic Conference; the Catholic church has a dog in this fight for obvious reasons I need not explain.

Besides those, the reality is that most abusers do not have any money; but insurance policyholders do.   The gimmick, then, is that one sues the abuser… but also wherever the abuser taught, worked, and preached, under a theory that supervisors are liable for whatever their subordinates do.  Imagine the changes that occur in 4 years (the Statute of Limitations right now) in a business, school, or church.  Records, witnesses, memories… gone.  Just like plaintiffs, defendants have a right to a fair trial.  How can one defend against an alleged wrong that occured 30, 50, or 70 years ago?

After the victims testified, it was clear that Senator Petersen (D, SD-18) urgently wanted to move the bill forward.  The defense bar hopes that cooler heads might prevail in the House.  Last year, similar legislation died in a Senate subcommittee.  To oppose this bill is tricky; to be seen as “against” abuse victims is to be seen as tacitly “supporting” abusers.    

What is interesting is that the lobbyist declarations have not been very active; certainly there are other things that keep our legislators busy, and in same cases, motivate our legislative leaders to cave to Farm Bureau pull members of their own caucus off of committees to get things done.

I urge any other Bleeding Heartland readers, if you hear about legislation you might not like, figure out a way to find it, found out who supports it, and share your view with your legislators.    

This moderatepachy may have further updates and hopes to give readers more insights in the legislative sausage being made.  Moderatepachy would also like to salute the work of desmoinesdem, for creating an incredible local resource on Iowa politics.  It smarts that the analysis and writing in this blog and another (D)'s usually has more context, statewide scope, and humour (say it with a British or French accent to justify my misspelling), than the flagship for my party.   

A bill that would raise Iowa’s gasoline tax by 10 cents a gallon is on its way to Governor Terry Branstad’s desk after approval today by both chambers in the Iowa legislature. The Iowa Senate passed Senate File 257 this morning by 28 votes to 21. Sixteen Democrats and twelve Republicans voted for the bill, while ten Democrats and eleven Republicans opposed it. Senate Majority Leader Mike Gronstal had reportedly insisted on at least half the GOP caucus supporting a gas tax increase as a condition for bringing the bill to the floor.

A few hours later, the Iowa House took up the Senate bill (rather than the bill that cleared two House committees last week). Thirty Republicans and 23 Democrats voted yes, while 26 Republicans and 20 Democrats voted no.

Only two state legislators missed today’s votes: Republican State Senator Mark Chelgren and Republican State Representative Chip Baltimore. Baltimore voted against the House version of this bill in committee last week, while Chelgren doesn’t serve on the committees that approved the bill in the Senate. Chelgren appears to have been absent for all of today’s votes, while Baltimore was at the Capitol but left the chamber when the gas tax bill came up. Speaking to reporters later, he tried to make a virtue out of his absence: “I refuse to legitimize either the bill or the process with a vote.” Weak sauce from a guy who is widely expected to seek higher office someday.

Conservative groups are urging Branstad to veto Senate File 257, but that seems unlikely, given the governor’s recent comments on road funding. Branstad’s spokesman said today that the governor will carefully review the final bill before deciding whether to sign it.  

After the jump I’ve enclosed the roll call votes in both chambers, as well as Senate Transportation Committee Chair Tod Bowman’s opening remarks this morning, which summarize key points in Senate File 257.

Final note: several of the “no” votes came from lawmakers who may face competitive re-election campaigns in 2016. Those include Democrats Chris Brase (Senate district 46), Steve Sodders (Senate district 36), and Mary Jo Wilhelm (Senate district 26), and Republicans Dennis Guth (Senate district 4) and Amy Sinclair (Senate district 14).

Iowa House and Senate members have taken several steps toward raising the state gasoline tax for the first time since 1989. Follow me after the jump for details on where the legislation stands and the latest signals from the governor.

One big political question was answered today, as House Speaker Kraig Paulsen not only endorsed the gas tax bill but personally intervened to make sure it would clear the House Ways and Means Committee. His support may bring some reluctant House Republicans on board. Conservative advocacy groups such as Americans for Prosperity and Iowans for Tax Relief are pushing hard against any gas tax increase. Governor Terry Branstad or Iowa Senate Minority Leader Bill Dix appear ready to back this bill but may need to spend more political capital to get it passed.

Two important policy questions remain unanswered. First, what will be done to lessen the blow on low-income Iowans, who would be disproportionately affected by any increase in a regressive tax? Iowa’s tax system is already stacked against people with lower incomes.

Second, will the gas tax hike turn out to be a giant bait and switch? From business groups to road builders to heavyweights in the agricultural sector, advocates of a tax increase cite the poor condition of many Iowa roads and bridges. However, to my knowledge the pending legislation would not guarantee that any new Road Use Tax Fund revenues from gasoline taxes or vehicle fees be spent on repairing torn-up roads or structurally deficient bridges. Unless “fix it first” language or a change to the funding formula is added to the bill, the lion’s share of additional revenues from a gas tax hike could go toward building new roads or new lanes on existing roads, such as U.S. Highway 20 in northwest Iowa or any number of local “economic development” projects. If crumbling roads and bridges are used to justify a gas tax hike, lawmakers should stipulate that most of the new money raised would go toward existing infrastructure rather than new roads and lanes, which only increase future maintenance costs.  

Four years ago, Republicans rushed to pass a state constitutional amendment restricting marriage to one man and one woman within weeks of regaining control of the Iowa House. Every member of the GOP caucus was on the same page.

Two years ago, the marriage amendment failed to come up for a vote in the Iowa House, but a majority of Republican lawmakers still co-sponsored the legislation.

Now, signs point to Iowa House Judiciary Committee Chair Chip Baltimore letting the marriage amendment die quietly, as he did in 2013. Fewer than a quarter of the 57 House Republicans signed on to the latest effort to turn back the clock on marriage rights. At the same time, only one GOP lawmaker is “loud and proud” about supporting the right of all Iowans to marry the person they love.

Follow me after the jump for a breakdown of where Iowa House Republicans stand on the “traditional marriage” amendment, and speculation on why so many of them aren’t trying to pass it anymore, even though they ostensibly don’t support LGBT marriage rights.  

Lawmakers from the two parties remain far from consensus on high-profile tax and budget questions, but the Iowa legislature has unanimously approved its first tax bill of the 2015 session. Senate File 126 (full text here) passed the Iowa Senate by 49 votes to 0 on February 4 and passed the Iowa House by 95 votes to 0 today. It “conforms Iowa’s revenue laws to incorporate federal changes” made during 2014. O.Kay Henderson reported for Radio Iowa,

The bill would extend a tax break to Iowa business owners, allowing them to claim the first half a million dollars worth of new equipment purchases as a tax deduction for the business. It also allows Iowa teachers to claim a tax credit for up to $250 for the supplies, equipment and materials used in their classroom.

Unlike most bills, which take effect on July 1 (at the start of the next fiscal year), SF 126 “takes effect upon enactment” and “applies retroactively to January 1, 2014, for tax years beginning on or after that date.” The fiscal note indicates that this bill will reduce state tax revenue by $98.98 million in the current fiscal year. About $83.5 million of that comes from one part of the bill:

Of the extended provisions, the most significant from a fiscal impact perspective is the extension of favorable depreciation expensing known as “Section 179 expensing.” This provision allows business taxpayers (including corporate taxpayers and business entities taxed through the individual income tax) to write off additional depreciation in the year a qualified depreciable asset is placed in service. Since the provision accelerates the claiming of depreciation, the provision reduces taxes owed in the first year, but increases taxes owed in later years.

Looking through the lobbyist declarations, I didn’t see any lobbyists registered against this bill. The Iowa Society of Public Accountants, Deere & Company, Iowa Community Foundations, and the Iowa Farm Bureau Federation all registered in favor. Speaking to Radio Iowa, Republican State Representative Chris Hagenow said certified public accountants and tax preparers had told lawmakers “this is a priority for them” to provide “certainty” going into tax season.  

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

Both in the “real world” and on social media, it seems like everyone I know is talking about the controversy over mandatory vaccinations in light of the current measles outbreak. Following up on yesterday’s post about some Republican presidential candidates’ comments, here are more related links:

Over at Iowa Starting Line, Pat Rynard compiles reaction from other GOP presidential hopefuls, including Ben Carson, Bobby Jindal, Marco Rubio, and Ted Cruz. (Scot Walker also issued a strong pro-vaccination statement.) Rynard sees Christie and Paul getting “burned” on an issue they didn’t handle well. I’m not so sure. Social conservatives do not agree with big government imposing its judgment on any aspect of child-rearing. Arguably Christie has no hope with that crowd anyway after signing the New Jersey law that banned gay conversion therapy for teenagers, but Paul has a shot with them.

A nurse-practitioner who survived measles as a child wrote this open letter to parents who aren’t immunizing their children.

I believe it’s a huge mistake to discount anti-vaxxers as “anti-science.” I have encountered hundreds of parents who opt against vaccinating and talked with many of them about why we choose to vaccinate our children. My impression is similar to what German Lopez wrote after interviewing a prominent anti-vaccine activist:

Vaccine skeptics do think they believe in scientific evidence. They can cite dozens of studies and cases. They see themselves as the side in this debate that’s actually following the evidence, while the pro-vaccine side is blindly trusting in authority and ultimately getting taken in by a massive pharmaceutical scam.

I also believe that images and accounts of vaccine-injured children (yes, there are some adverse reactions) evoke such a powerful emotional response that it becomes difficult for many parents to imagine deliberately injecting a vaccine into their child. Statistically, every time you put your baby in a car and drive somewhere, your baby is at greater risk of serious injury than when getting a shot at the doctor. Statistically, the number of lives saved by vaccinating against diseases like HiB and meningitis vastly outnumbers the serious adverse reactions to vaccines. But in all the times I have used those arguments, I don’t think I have ever convinced a single skeptical parent to start vaccinating.

Since the year 2000, a growing number of Iowa families have sought medical or religious exemptions from state vaccination requirements. The Des Moines Register reports that there are no efforts in the Iowa House or Senate to tighten the rules on vaccine exemptions. Governor Terry Branstad is also satisfied with current policy, according to a statement from his office.

Iowa Senate Majority Leader Mike Gronstal celebrated his 65th birthday on January 29. The Des Moines Register’s William Petroski caught up with Gronstal after fellow senators sang “Happy Birthday” and confirmed that the longtime Democratic leader has no plans to retire. He’s up for re-election next year in Senate district 8, covering the Council Bluffs area and Carter Lake (scroll to the end of this post to view a detailed map).

Now that Tom Harkin has retired, Gronstal may be the Iowa Democrat whom Republicans most love to hate. But I have news for them: he’s going to win another term in 2016, and here’s why.

For the past several legislative sessions – a bully bill in some form or another has been proposed and supported by Governor Branstad.  In each session, the bill has taken on many different forms and have gone from extreme (license to bully provision) to this year's shocking development.

Read on for the latest in the Governor's proposed 2015 Bully Free Iowa Act.  

Iowa Supreme Court Chief Justice Mark Cady delivered his annual State of the Judiciary address to Iowa House and Senate members this morning. The full text is available here (pdf), and I’ve posted important sections after the jump. Cady hailed progress the court system is making on helping Iowa children and improving efficiency and transparency. He described ongoing initiatives to improve how Iowa courts handle family law cases and review guardianship and conservatorship laws and procedures. Cady also asked lawmakers to appropriate 4.7 percent more funding for the court system in the next fiscal year.

Cady cited recent work within the judicial branch to “better understand and address the persistence of racial disparities” in the criminal justice system–a longstanding problem in Iowa. I enclosed below reaction from Assistant House Minority Leader Ako Abdul-Samad. Abdul-Samad is one of five African-American members of the Iowa House.

Finally, the chief justice alluded to a shooting last September during a meeting of the Jackson County Board of Supervisors as he called for action “to make every courthouse in Iowa safer and more secure.”

Any relevant comments are welcome in this thread.

Governor Terry Branstad will deliver his annual Condition of the State address to members of the Iowa House and Senate this morning at 10 am. You can watch the speech live on Iowa Public Television’s website or on IPTV World (channel 119 on Mediacom in central Iowa). The full text as prepared will be available on the governor’s official website.

Judging by yesterday’s opening remarks from state legislative leaders, Iowa House Republicans most want to see new tax reform proposals from the governor. Iowa Senate Democrats are most closely watching to see whether Branstad will propose adequate funding for education at all levels, from pre-school to K-12 to community colleges and state universities. I’ll update this post later with highlights from the day. Any comments about the governor’s speech (content or delivery) or the upcoming legislative session are welcome in this thread.

UPDATE: Added highlights and some reaction to the “Together We Can” speech below. James Q. Lynch created a graphic showing the words Branstad used most.

Chutzpah alert: Branstad is urging lawmakers to “bring together state agencies that have a shared interest in quality of life initiatives and invest in our parks, trails, lakes and museums.” Maybe he’s forgotten that the state legislature did that last year, before he vetoed millions of dollars that would have gone toward parks, trails, water quality programs and other amenities.

It’s also disappointing that the governor can’t quit lying about how many jobs have been created since he returned to public office.

It’s encouraging to hear the governor call for stronger efforts to protect victims of domestic violence and end bullying in schools. The devil will be in the details of those proposals. Speaking to Radio Iowa, Iowa Senate President Pam Jochum said “the anti-bullying proposal as well as the anti-domestic violence proposal will get a very good response from the Iowa Senate.” But she said the governor’s proposed education funding is “less than what we know we need in order to bring Iowa’s per pupil spending investment up to at least close the national average.” Meanwhile, House Speaker Kraig Paulsen told Radio Iowa that his caucus will continue to look for tax cuts (“a way to for Iowans to leave more of their own money in their pockets”).

SECOND UPDATE: As he did last year, the governor called for expanding access to broadband statewide. But strangely, Branstad does not plan to attend President Barack Obama’s scheduled January 14 event in Cedar Falls, where the president will “propose plans to increase affordable access to high-speed broadband internet.”

LATE UPDATE: Nate Monson, executive director for Iowa Safe Schools, characterized the governor’s anti-bullying bill as a “giant leap forward for gay youth” in Iowa. I’ve enclosed excerpts from his Des Moines Register guest editorial at the end of this post.

Benton Mackenzie passed away at home this morning, his wife Loretta Mackenzie told Brian Wellner of the Quad-City Times. Mackenzie was convicted last summer on drug charges, having grown dozens of marijuana plants in order to treat his terminal cancer. During the trial, the judge did not allow Mackenzie or his attorney to say that the defendant was seeking to use cannabis as a cancer treatment. Mackenzie was later sentenced to probation. The family had hoped to move to Oregon; Mackenzie had visited the state and received a valid Oregon medical marijuana card before his health deteriorated late last year.

Many Iowans who favor legalizing medical marijuana were outraged by the prosecution of a terminal cancer patient. State Senator Joe Bolkcom described the case as a waste of taxpayer money. During last year’s legislative session, Bolkcom defied long odds to get a baby step toward legalizing medical cannabis approved in the Iowa House and Senate. However, the new law only permits the use of cannabis oil in order to treat certain seizure disorders, and even the affected families have been unable to obtain the treatment so far.  

Thousands of Iowans are battling cancer or suffering from chronic illnesses that can be treated with cannabis or its derivatives. They should not be subject to criminal prosecution merely for attempting to obtain marijuana for personal use. Benton Mackenzie’s death may not be enough to spur a majority of lawmakers to act this year, but I hope his sad story will eventually create the political space to expand Iowa’s medical marijuana law.

Exciting times for Iowa politics watchers: the state legislature’s 2015 session began in Des Moines today. A tentative schedule for this year’s work is available here (pdf). The last day lawmakers will receive per diem expenses is on May 1, but for the past four years of divided control between a Republican House and a Democratic Senate, the session has always gone into overtime–sometimes by a little and sometimes by a lot. Bleeding Heartland previously posted details on the each chamber’s majority and minority leadership teams, along with all chairs, vice chairs, and members of standing committees. Click here for who’s who in the Iowa House, and here for who’s who in the Iowa Senate.

Today legislative leaders from both parties pledged to work together. After the jump I’ve enclosed the full texts of opening day remarks. Iowa Senate Majority Leader Mike Gronstal called for making Iowa’s middle class the “focus of the 2015 session” by ensuring adequate education spending, fighting wage theft, and expanding worker training while keeping a balanced budget. He praised Governor Terry Branstad for agreeing to go back to setting K-12 school funding a year in advance, as is required by state law, but warned the governor not to make a partisan statement by proposing too little funding for education when he addresses the legislature tomorrow.

Echoing some of the priorities she named last year, Senate President Pam Jochum said building an economy that “works for everyone” means supporting families and especially children: “For too long, the well-being of children has been considered a woman’s issue.’ It is not just a ‘woman’s issue’. It is an American issue. It is an Iowan issue.” Jochum urged lawmakers to expand access to education from pre-K through college, make “quality, affordable childcare” more available across the state, and boost an initiative to “detect and help prevent mental health and developmental problems among young children.”

Iowa House Minority Leader Mark Smith said the top priorities for House Democrats are strengthening the middle class and re-vitalizing rural Iowa. In addition to expanding early childhood education and providing adequate funds for K-12 schools, Smith called for raising the minimum wage, though GOP leaders have shown no willingness to negotiate on that issue.

As has been true in recent years, top Iowa House and Senate Republicans focused on fiscal issues and mostly avoided social issues. Iowa House Speaker Kraig Paulsen challenged his colleagues “to ensure that government do less and do it better” when “others bring forward their laundry list of funding opportunities, spending priorities, or flashy government programs.” He called for more tax cuts along the lines of a 2006 bipartisan agreement to eliminate the state tax on Social Security benefits. (Mike Owen of the Iowa Policy Project explained in a guest column for the Quad-City Times why that tax cut was passed “under false pretenses” and skewed Iowa’s tax code “further to the benefit of the wealthy.”) House Majority Leader Linda Upmeyer emphasized the need to “craft a responsible budget.” She singled out the Medicaid program for criticism, claiming growth in Medicaid spending is “not sustainable” and will threaten lawmakers’ ability to invest in education, job training, infrastructure, and renewable energy. Iowa Senate Minority Leader Bill Dix called on senators to “work together to rein in spending, make cuts and reduce the size of government and lift up all Iowans in the process by reducing their tax burdens.”

None of the Republicans set a goal of undoing marriage equality, and only House Speaker Pro Tem Matt Windschitl made passing reference to other top priorities for social conservatives when he said, “Let us work together to make Iowa the best place to live, where taxes are low, jobs are abundant, education is top of the line, innocent life is protected and Second Amendment rights are fully embraced.”

Any comments about the legislative session are welcome in this thread. By the way, here’s some trivia you may not know about Speaker Paulsen.  

The Iowa legislature’s 2015 session begins today. Democrats maintained their 26 to 24 majority in the upper chamber. After the jump I’ve posted details on the Iowa Senate majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Senate committees. Where relevant, I’ve noted changes from the previous committee assignments. Click here for a similar post on the new Iowa House.

I’ve also enclosed below details on the tenure of all 50 Iowa senators. The experience gap between the caucuses is striking, even more so since three of the longest-serving GOP state senators retired in 2014. Only seven of the 24 Republicans have served in either the state House or Senate for more than four years, whereas nineteen of the 26 Democrats have more than four years of legislative service. Only four of the 24 Senate Republicans have ten or more years of experience in the Iowa legislature, compared to seventeen of the 26 Democrats. No current Iowa Senate Republican has more than 20 years legislative experience, whereas six Democrats do.

Just seven of the 50 senators are women, down from ten women in the chamber two years ago. The Democratic caucus includes 20 men and six women; the Republican caucus 23 men and one woman.

All current Iowa senators are white. To my knowledge, no African-American has ever served in the Iowa Senate. CORRECTION: Bleeding Heartland reader northwest points out that I forgot Tom Mann, who represented part of Des Moines in the Iowa Senate during the 1980s.

No Latino has ever served in the Iowa House or Senate; Nathan Blake fell 18 votes short of becoming the first in 2014. No Asian-American has served in the state Senate since Swati Dandekar resigned in 2011.

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

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

After an unusually dry December, most of Iowa finally got a decent blanket of snow this week. Meanwhile, a classic winter activity became the unlikely center of a public policy controversy. The Dubuque City Council moved to prohibit sledding at 48 out of 50 city parks, generating some national media coverage and debate over whether city officials over-reacted to worries about litigation.

Contrary to the exaggerated claims of some authors, no city has banned or outlawed sledding within its jurisdiction. Iowans in Dubuque and elsewhere are free to sled on private property and on some public land. The “ban” applies only to certain public parks.

That said, I agree with those who say Dubuque leaders went way too far and set the penalty for unauthorized sledding too high at $750. In fact, City Council member David Resnick was probably right when he warned, “Crowding all [these] sledders into two areas is actually increasing the safety hazard and I don’t think we should limit our potential [liability] by increasing the safety hazard for kids.” I hope the controversy leads to higher turnout in the next Dubuque local election.

According to Katie Wiedemann’s report for KCRG-TV, local leaders say unhappy Dubuque residents should talk to state lawmakers:

“Iowa law protects cities from liability in the event someone gets hurt on city property while biking, skating or skateboarding. But there’s no protection if someone gets hurt while sledding. Some lawmakers attempted to fix that during the 2013 legislative session, but the bill failed.”

However, Iowa Association for Justice Executive Director Brad Lint argued in today’s Des Moines Register that “the city already enjoys fairly broad liability immunity under Iowa law.” After the jump I’ve enclosed excerpts from Lint’s op-ed column, which also addresses broader issues such as unwarranted fear of litigation and groups “begging” Iowa legislators “for protection from the often nonexistent lawsuits in their fields.” As one Bleeding Heartland reader suggested privately to me this week,

Hopefully people will eventually see the sledding thing for what it is…another cynical attempt by the insurance industry to use people to twist the arms of their legislators to exempt the insurers from paying claims even in cases of negligence….

P.S.- Sledding is a common cause of serious childhood injuries during the winter. I know someone whose son nearly lost an eye and developed a life-threatening infection behind his eye socket after a sledding accident in her own backyard. I love sledding almost as much as my kids do, but keep these safety tips in mind when you play in the snow.

Republican John Kooiker easily won today’s special election in Iowa House district 4, which covers most of Sioux County in northwest Iowa (scroll down this page for a map). Unofficial results published on the Sioux County website indicate that Kooiker received 2,064 votes to 456 for Democrat John Buntsma. I was surprised to see that Dennis Wright, a Republican former county supervisor, managed 840 votes (about a quarter of all votes cast) as a write-in candidate. That’s a huge number of votes for a write-in, especially in a low-turnout special election. Wright should seriously consider challenging Kooiker in the 2016 GOP primary to represent House district 4.

Kooiker will succeed longtime conservative stalwart Dwayne Alons, who passed away in November shortly after being re-elected to a ninth term in the Iowa House.

House district 4 is the safest legislative district in the state for the GOP, with roughly nine times as many registered Republicans as Democrats. I admire Buntsma for making sure voters would have a choice, even in a hopeless district for a Democrat.  

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.

Happy new year to everyone in the Bleeding Heartland community! Undeterred by my failure (yet again) to win, place, or show in my own blog’s election contest, I offer fifteen Iowa politics predictions for this calendar year.

Your own predictions or any other relevant comments are welcome in this thread. At the end of this year I’ll look back to see what we got right or wrong.

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.

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.

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.  

The last U.S. Senate election of 2014 concluded over the weekend, with Republican Bill Cassidy defeating Democratic incumbent Mary Landrieu. So, I was finally able to tabulate results from Bleeding Heartland’s general election prediction contest.

Thanks to all who entered. Follow me after the jump for full results.  

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.

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?

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.

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.  

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?

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.  

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.

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.  

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.

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:

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.

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.

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).

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.

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?

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.  

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.  

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.