Iowa Workforce Development Director Beth Townsend instructed all her agency’s employees today “to be mindful of state and federal guidelines regarding prohibitions of participation in political activities while on state time or using state assets.”

The action followed Bleeding Heartland’s inquiry about a September 29 e-mail from an operations manager to more than 60 Iowa Workforce Development colleagues, recruiting volunteers for the Kim Reynolds/Adam Gregg campaign under the subject heading, “A Message from Governor Reynolds’ Office.”

State law prohibits using “public moneys for political purposes.” Administrative rules written to implement that portion of the Iowa Code forbid public employees from using public resources “to expressly advocate the nomination, election, or defeat of a candidate,” or “to solicit votes, engage in campaign work.”

Governor Kim Reynolds took acting Lieutenant Governor Adam Gregg on a whirlwind tour late last week to Osceola, Mason City, Cedar Rapids, Davenport, and Gregg’s home town of Hawarden (Sioux County). Hundreds of people showed up for the Hawarden event; much smaller crowds turned out at the other venues. At each stop, Reynolds and Gregg praised former Governor Terry Branstad, and Reynolds repeated the four key goals she had laid out in her first speech as the state’s top official.

Early signs point to a highly political rather than policy-oriented Reynolds administration. The new governor’s top appointees are veterans of many Republican campaigns. Chief of staff Jake Ketzner worked on Branstad’s campaign in 2010 and managed the governor’s 2014 re-election bid; in between, he ran Representative Steve King’s 2012 campaign against Christie Vilsack. Deputy chief of staff Tim Albrecht spent most of his career as a spin doctor for GOP candidates or elected officials before joining a Republican-oriented political communications firm in late 2013. You don’t put guys like this in charge of your office if you’re a “policy wonk” or interested in reaching out to constituencies that felt ignored during Branstad’s tenure. These choices suggest that Reynolds plans to wage partisan warfare, day in and day out.

Over at Iowa Starting Line, Pat Rynard commented on how the Reynolds administration is already blurring the lines between official state events and 2018 campaign activities. Expect much more of this in the months to come.

Speaking of political games, progressive activists put up a parody site at ReynoldsGregg.org, pushing the message, “Kim Reynolds and Adam Gregg are Iowa’s new team, but unfortunately they have the same old failed priorities” (see screen shot below). Rynard recalled that GOP operatives including Albrecht relentlessly mocked Jack Hatch’s campaign for making the same mistake in 2014. At that time, quite a few of Iowa’s political reporters wrote stories about Republicans grabbing HatchVernon.com and the @HatchVernon Twitter handle. So far, those media outlets have not publicized the same incompetence on the part of the Reynolds team.

Other passages worth noting: earlier this month, the Iowa Board of Regents chose Michael Richards as president and Patricia Cownie and president pro-tem, replacing Bruce Rastetter and Katie Mulholland, whose terms ended April 30. Rastetter opted not to seek reappointment to the board, tacitly acknowledging that Iowa Senate Democrats would never have allowed his confirmation. Mulholland sought another six-year term, but for reasons that remain unclear, Branstad passed her over. Regent Larry McKibben had expressed interest in the board presidency, but he gave up without a fight and formally nominated Richards. I didn’t have a preference between McKibben and Richards; from my perspective, neither could possibly do worse in that job than Rastetter. This weekend, the Ditchwalk blog took an in-depth look at Richards: part 1 focused on his background and how he got the top job on the board, while part 2 looked at his early actions in the new position, speculating about whether Richards can fix the board’s “colossal credibility problem” after years of administrative abuses by Rastetter.

In March, Sean Bagniewski won the election to succeed Tom Henderson, the long-serving chair of the Polk County Democrats. Bagniewski announced on May 23 that former Senator Tom Harkin gave his blessing to have Iowa’s largest county Democratic organization hold an annual “Steak Fry” fundraiser. The inaugural event is scheduled for September 30 at Water Works Park in Des Moines; headliners have not yet been announced. Bagniewski joked, “One of my friends asked me how it felt to land the Steak Fry. It’s like adopting a baby gorilla. Where do you put it? How’re you going to feed it? How much is this thing going to cost?”

Final note: the New Leaders Council, “a nonpartisan program to recruit, train, and promote the next generation of progressive leaders,” is holding a fundraiser in Des Moines on Thursday, June 1. Money raised will support the five-month training program for next year’s New Leaders Council fellows. Local organizers hope to attract a more diverse class and are “doing more focused outreach to underrepresented communities” with a goal of having a 60 percent non-white and 55 percent female cohort of fellows for 2018. I enclose below more details about this week’s event and the training program.

The new RABA Research poll for Simpson College found U.S. Senator Chuck Grassley leading Democratic challenger Patty Judge by 50 percent to 37 percent. Full results are here, and I’ve enclosed the cross-tabs on the Senate results after the jump. Bleeding Heartland covered key findings from Simpson/RABA on the presidential race here.

In a 5-2 split decision, the Iowa Supreme Court ruled on Friday that a District Court judge should determine whether Iowa Workers’ Compensation Commissioner Chris Godfrey can sue Governor Terry Branstad and five other administration officials individually for defamation, extortion and other claims. Follow me after the jump for background, links and details about the opinion.  

The Republican Party of Iowa’s State Central Committee met on Saturday to consider a successor to Matt Strawn, who resigned as chairman in the aftermath of the Iowa caucuses.

When a Democrat is governor, the Iowa Democratic Party’s State Central Committee defers to the governor’s choice for party chair. But a majority of the 17 voting Republicans elected A.J. Spiker, co-chair of Ron Paul’s presidential campaign in Iowa, over co-chair Bill Schickel, Governor Terry Branstad’s strong preference.

Iowa Workers’ Compensation Commissioner Chris Godfrey filed suit against the state, Governor Terry Branstad, and several other officials yesterday over attempts to remove Godfrey from office and cut his pay between December 2010 and July 2011. The lawsuit also accuses several state employees of defaming Godfrey by publicly claiming that his poor job performance motivated attempts to replace him.

When an elected official wants a certain phrase or point of view to be transmitted in a news story, a spokesperson often has to do the heavy lifting. Governor Terry Branstad’s communications director Tim Albrecht showed this week how pros get the job done while explaining an apparent contradiction in the governor’s stance on the federal health insurance reform law.

Political junkies may not have Newt Gingrich to kick around much longer. His whole presidential campaign staff quit yesterday, frustrated by the candidate’s lack of a work ethic.

Iowa Republicans will have fewer chances to kick Mitt Romney around this summer. The former Massachusetts governor won’t compete in the Iowa GOP’s straw poll this August, his campaign confirmed yesterday.

After the jump I have more links on those stories and other Republican presidential candidate news. I’ve got nothing on the Iowa GOP Lincoln dinner fundraiser that was supposed to be held tonight, though, because the state party canceled that event after Donald Trump backed out.

The Franklin Center for Government and Public Integrity has purchased IowaPolitics.com from WisPolitics Publishing, effective April 4. IowaPolitics.com “will continue to provide regular coverage of the Iowa legislative, judicial, and executive branches of government, including agencies and other governmental entities […].”

After the jump I’ve posted some background on the website’s new owner, a 501(c)3 organization that advocates for government transparency but conceals its own donors.

Debi Durham’s appointment as economic development leader was the big news of the week from Governor-elect Terry Branstad’s camp, but he and his close advisers continue to lay the groundwork for his administration.

After the jump I catch up on stories about the state budget, inauguration plans, and top Branstad donors from the past year.

Governor-elect Terry Branstad announced yesterday that David Roederer will serve as his budget director, in charge of the state’s Department of Management. Roederer has been part of Branstad’s “inner circle” for decades. The Des Moines Register’s Thomas Beaumont wrote in September,

Roederer, a lobbyist from Johnston, is a multi-faceted troubleshooter, a role he carved out serving in several key posts for Branstad, including chief of staff and campaign manager, during a difficult stretch of the administration.

A serious problem-solver with the ability to bring people together, Roederer is often at work behind the scenes on key campaign issues and has worked on presidential and congressional campaigns since Branstad left office.

Roederer was a key sounding board for Branstad in June as the Republican nominee evaluated a list of prospects for his lieutenant governor running mate.

Jeff Boeyink will be Branstad’s chief of staff in the new administration. Boeyink spent many years working for Iowans for Tax Relief. He served as the Republican Party of Iowa’s executive director for a few months in 2009, but left that position to manage Branstad’s gubernatorial campaign.

Tim Albrecht, who handled communications for the Branstad campaign, will be communications director for the new administration. Since September, Albrecht has been running the right-wing news aggregator The Bean Walker in addition to dealing with the media on behalf of Branstad. No word on how long he plans to combine those jobs.

I’ve been waiting to see what position Branstad would give to Jim “Burn the Boats” Gibbons. He lost to Brad Zaun in the third Congressional district primary but had major donors and supporters who are also close to the incoming governor. Yesterday Matt Schultz announced that Gibbons will chair his secretary of state transition team, “advising on issues and personnel decisions related to the business services division of the office.” Maybe Schultz will give Gibbons a senior staff position. Incidentally, Story County Auditor Mary Mosiman will advice Schultz “on issues and personnel decisions related to the elections division.”

UPDATE: Todd Dorman cracks a few jokes about Branstad taking his wife Chris on a “much-deserved” 10-day vacation in France. I don’t begrudge them their trip, but can you imagine what conservatives would say if a newly-elected Democrat took off for Europe?

The Des Moines-based American Future Fund is exploiting loopholes in rules governing political advocacy groups in order to run campaign advertising in targeted races without disclosing its donors.

The Des Moines Register provided the latest evidence in this article from Saturday’s edition: “National group airs ads on Iowa House.”

For background on the American Future Fund, a 510(c)4 organization “formed to provide Americans with a conservative and free market viewpoint,” you can read this piece by Iowa Independent’s Jason Hancock, this TPM Cafe story by Mrs. Panstreppon, or Paul Kiel’s report for TPM Muckraker.

The American Future Fund is associated with heavy-hitters in the field of campaign advertising. Its media consultant is Larry McCarthy (creator of the 1988 Willie Horton ad), and its legal consultant is Ben Ginsberg (who was involved with the Swift Boat Veterans for Truth in 2004).

Representatives for the American Future Fund deny that the group seeks to influence elections. For that reason, they are not subject to campaign disclosure rules governing political action committees and other groups that make independent expenditures during election campaigns.

However, the American Future Fund’s radio and television commercials this year have focused on candidates running in competitive Senate races, such as Republican incumbent Norm Coleman of Minnesota, Democratic candidate Mark Udall of Colorado, and Democratic candidate Jeanne Shaheen of New Hampshire. You can view many of those ads at the AFF’s You Tube channel. Note that while these commercials ostensibly are focused on generating phone calls in support of a particular issue position, they haven’t been aired in states without a contested Senate seat.

Now the AFF is weighing in on key Iowa legislative races. From yesterday’s story in the Des Moines Register:

On Wednesday [October 29], AFF launched television ads in Iowa that criticize Democratic Reps. McKinley Bailey of Webster City, Paul Shomshor of Council Bluffs, Elesha Gayman of Davenport and Art Staed of Cedar Rapids. All four are incumbents struggling to hold onto their seats in the face of strong Republican challengers.

Other ads that compliment Republican Reps. Doug Struyk of Council Bluffs, Jamie Van Fossen of Davenport and Dan Rasmussen of Independence. Struyk is a Republican leader whose opponent has spent little; the other two are dealing with strong Democratic challengers.

AFF’s spokesman explained the timing of the political messages by saying it took months to compile analysis on the legislative session, which ended in April.

What an amazing coincidence. Analysis about legislative action completed more than six months ago resulted in television ads that appeared six days before a general election.

In another amazing coincidence, the AFF’s ads happen to focus on candidates running in six battleground districts being targeted by both parties. Dozens of legislators who voted the same way on those issues, but represent uncompetitive districts, are not subject to AFF’s advertising blitz.

I could only find two of the American Future Fund Iowa’s tv ads on You Tube. One praised the Republican incumbent in Iowa House district 81, Jamie Van Fossen, and the other criticized the Democratic incumbent in House district 9, McKinley Bailey.

It’s worth noting that while urging viewers to call legislators, these ads give the phone number for the switchboard at the State Capitol. However, the switchboard is currently closed, because the legislature is not in session. The AFF spokesman explained that the law requires advertisements to use official phone numbers, but he is evading the issue.

These commercials cannot be intended to generate citizen communication with legislators if they are giving a phone number that no one is currently answering.

Clearly the AFF selected the subjects and timing of their advertising in order to influence the outcome of legislative elections in Iowa. (The Republican Party of Iowa is concentrating its resources on making gains in the Iowa House, where Democrats have only a 53-47 majority.)

The tv ads direct viewers to the web site of the AFF’s Iowa chapter: www.iowa.americanfuturefund.com.

AFF spokesman Tim Albrecht

told The Des Moines Register last month that AFF is a group that focuses solely on national issues. “At that time we were, but after a lot of analysis and reviewing what had occurred in the last legislative session, we decided to open an Iowa chapter,” he said.

It is AFF’s first state-based chapter in the country, said Albrecht, who is a former spokesman for Iowa Republican legislative leader Christopher Rants and AFF’s only paid staff member.

Earlier this year, the Iowa Future Fund was incorporated by the same people behind the American Future Fund, and the Iowa Future Fund ran television ads criticizing Democratic Governor Chet Culver. (Here is one of the Iowa Future Fund’s ads against Culver.) In March, the Iowa Democratic Party called for an investigation into the Iowa Future Fund’s advertising campaign and failure to disclose donors. In April, a press release announced the creation of the Iowa Progress Project to replace the Iowa Future Fund. In theory, the the Iowa Progress Project was going to focus on state issues, while the American Future Fund focused on national issues.

It is unclear why the American Future Fund decided to create an Iowa chapter, rather than have the Iowa Progress Project pay for television commercials about Iowa House incumbents. If anyone has any information regarding the Iowa Progress Project or the decision to create an AFF Iowa chapter, please post a comment or send me a confidential e-mail (desmoinesdem AT yahoo.com).

Can anything be done to force the AFF to disclose who is paying for these commercials? Charlie Smithson, executive director of the Iowa Ethics and Campaign Disclosure Board, told the Des Moines Register that his office had received a complaint about the ads, but that campaign disclosure laws do not apply because the AFF ads do not urge viewers to vote for a candidate.

Mr. desmoinesdem has extensively researched election law and tells me that one relevant case in this area is Federal Election Commission v. Wisconsin Right to Life. Wisconsin Right to Life was running ads urging people to contact their senators about judicial filibusters. Senator Russ Feingold was up for re-election, and the ads did not urge people to vote against him, but the FEC considered them “sham issue ads” that were intended to influence an election and therefore were subject to regulation by the Bipartisan Campaign Reform Act of 2002 (McCain-Feingold).

The Supreme Court had previously upheld McCain-Feingold’s provisions on political advocacy ads (in the McConnell vs. FEC case), so the key question was whether Wisconsin Right to Life’s ads were the kind of political advocacy Congress can regulate. With Chief Justice John Roberts writing for the majority, the court

held that McConnell v. FEC did not establish the test that any ad intended to influence an election and having that effect is express advocacy. Such a test would be open-ended and burdensome, would lead to bizarre results, and would “unquestionably chill a substantial amount of political speech.” Instead, the Court adopted the test that “an ad is the functional equivalent of express advocacy only if the ad is susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate.” The Court further held that the compelling state interests invoked by the government to regulate advocacy did not apply with equal force to genuine issue ads. Neither the interest in preventing corruption nor the goal of limiting the distorting effects of corporate wealth was sufficient to override the right of a corporation to speak through ads on public issues. This conclusion, the Court held, was necessary in order to “give the benefit of the doubt to speech, not censorship.” The dissent by Justice Souter called WRTL’s ads indistinguishable from political advocacy ads and accused the majority of implicitly overruling McConnell v. FEC.

I agree with Souter’s position that so-called issue ads targeting candidates in key races shortly before elections are really political advocacy ads subject to McCain-Feingold. If the American Future Fund were mainly trying to influence Iowans’ views on issues, they wouldn’t be running their commercials only in battleground districts. Also, the timing of the ads only makes sense in the context of this Tuesday’s election. As I mentioned above, no one is currently answering the phone number AFF asks viewers to call.

But Smithson has to look at the AFF’s Iowa advertising from a narrow legal perspective. Clearly the ads are promoting favorable opinions about some Republican incumbents and unfavorable opinions about some Democratic incumbents. But as long as the ads urge people to call a telephone number (even a non-working one), courts would probably not hold that the commercials have “no reasonable interpretation other than as an appeal to vote for or against a specific candidate.”

I am not an expert on election law or disclosure requirements for 501(c)4 organizations. Perhaps there is some way Congress could require more financial disclosure of 501(c)4s so that they would not be able to run campaign ads with no accountability.

I don’t know the solution, but I do know that we can help Democrats fight back against the American Future Fund’s ad campaign by giving to the Iowa House Democrats’ Truman fund or to the following individual candidates:

McKinley Bailey (incumbent in House district 9)

Art Staed (incumbent in House district 37)

Elesha Gayman (incumbent in House district 84)

Paul Shomshor (incumbent in House district 100)

Phyllis Thede (challenger in House district 81)

Gene Ficken (challenger in House district 23)