# Tom Miller



Prominent Iowa Democrats to debate non-qualifiers: Don't drop out

Four Democrats recently ended their presidential bids, after it became clear they would not qualify for tonight’s televised debate from Houston.

But more than half a dozen candidates who weren’t on stage tonight continue to actively campaign in Iowa. Several prominent Iowa Democrats are encouraging them to stay in the race and not let the Democratic National Committee narrow the field by default.

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Iowa attorney general seeking Catholic Church records on clergy abuse

“We appreciate the efforts that you have undergone to produce your list of clergy who committed abuse,” Attorney General Tom Miller wrote to the leaders of Iowa’s four Catholic Dioceses on May 31. “But we believe that in this context, a credible third-party review is warranted and will add to transparency, reconciliation, and healing.”

Miller is asking the bishops to turn over extensive records related to alleged abuse each Diocese has investigated.

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Reynolds/Miller deal could encourage future Republican power grabs

Governor Kim Reynolds issued her first item veto of the year this week, rejecting part of a budget bill that sought to limit Attorney General Tom Miller’s authority to sign on to multi-state lawsuits. However, she did so only after Miller agreed not to join any such litigation without her permission, ensuring that he “will not be suing the Trump administration” anymore. In addition, the governor’s veto letter praised the “Legislature’s leadership on this issue.”

While not the worst-case scenario, the resolution of this conflict could invite more Republican bills encroaching on the authority of statewide elected Democrats. The governor and her staff could then pressure those officials to cede some of their power in exchange for a veto.

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"This is political": House Republicans vote to limit Iowa AG's powers

North Carolina Republican lawmakers started the trend after losing the governor’s race in 2016. GOP legislative majorities in Michigan and Wisconsin followed suit late last year, seeking to hamstring newly-elected governors and the Michigan attorney general. Kansas Republicans are now trying to limit the appointment power of that state’s Democratic governor.

Iowa House Republicans took their own step toward “banana-republic style governance” on April 23, voting for unprecedented restrictions on Attorney General Tom Miller’s ability to make legal decisions.

The bill’s floor manager, State Representative Gary Worthan, admitted his proposal stemmed from political disagreements with Miller, whom Iowans elected to a tenth term last November.

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10 years of marriage equality in Iowa

Ten years ago today, the Iowa Supreme Court unanimously held in Varnum v Brien that the state’s Defense of Marriage Act “violates the equal protection clause of the Iowa Constitution.”

Justice Mark Cady wrote the opinion, which cost three of his colleagues (Chief Justice Marsha Ternus, Justice David Baker, and Justice Michael Streit) their jobs in the 2010 judicial retention elections. Assigned the task of writing by random drawing, Cady “strongly believed the court should speak in one voice” on such a controversial matter, Tom Witosky and Marc Hansen wrote in their 2015 book Equal Before the Law: How Iowa Led Americans to Marriage Equality. In fact, Cady “was convinced there was no room for even a concurring opinion–an opinion in agreement with the court’s conclusion but not its reasoning.” (pp. 134-5)

Thousands of Iowans have enjoyed a better quality of life since our state became the third to give LGBTQ couples the right to marry. Lambda Legal, which filed the lawsuit on behalf of six Iowa couples, has posted a timeline of key events in the case. State Senator Zach Wahls wrote today about the Supreme Court decision’s impact on his family.

I wanted to mark this day by sharing highlights from Bleeding Heartland’s coverage of that historic event. My deepest condolences go out to the friends and relatives of former Supreme Court Justice Daryl Hecht. The Iowa Judicial Branch announced today that Hecht has died. He stepped down from the bench in December 2018 while battling melanoma. Of the seven justices who joined the Varnum opinion, only Cady, Brent Appel, and David Wiggins still serve on the high court.

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State not ready to accept "Ag Gag" law is unconstitutional

Iowa Attorney General Tom Miller didn’t ask state legislators to pass the country’s first “ag gag” law, and his office didn’t lobby in favor of banning “agricultural production facility fraud” while the bill was pending.

But the Attorney General’s office confirmed on February 21 that the state will appeal a federal court ruling against the 2012 law. The new court filing keeps up the pretense that a law designed to suppress investigative reporting was really about biosecurity and property rights.

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Why Iowa's not challenging Trump's emergency declaration--for now

Iowa is not among the sixteen states that filed suit yesterday to block what they called President Donald Trump’s “unconstitutional and unlawful scheme” to declare a national emergency in order to divert federal funds toward building a wall along the U.S. border with Mexico.

Attorney General Tom Miller has joined dozens of multi-state legal actions challenging Trump administration policies, and his office has not ruled out joining this lawsuit, communications director Lynn Hicks told Bleeding Heartland on February 19.

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Country's strictest abortion ban fails first Iowa court test

Iowa’s law banning most abortions after a fetal heartbeat can be detected violates the state constitutional guarantees of equal protection and due process, Polk County District Court Judge Michael Huppert ruled on January 22.

The Iowa Supreme Court will almost certainly agree that the law is unconstitutional. But it is unclear whether the high court will keep its decision grounded in the Iowa Constitution, as the District Court did. If the Iowa Supreme Court strikes down the law citing provisions of the U.S. Constitution, they will open the door to appeal in the federal courts.

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Iowa and national 2018 election results thread

Polls just closed in Iowa, and I will update this thread frequently throughout the night as results come in. Separate posts on some of the statewide and Congressional races will be forthcoming once the outcome is clear. The Secretary of State’s website is compiling vote totals here. Anecdotal evidence suggests turnout far exceeded 2014 levels on election day.

Early voting already set a record for an Iowa midterm election. This post includes tables showing absentee ballots requested and returned in all four Congressional districts from October 9 through November 6. The numbers aren’t quite final; absentee ballots can be hand-delivered to county auditors today, and ballots arriving by mail later this week can be counted with a postmark dated November 5 or earlier.

What we know: at least 538,043 Iowans voted before election day this year. The total early vote in 2014 was 465,166. Iowa Democrats cast 186,269 early ballots in 2014. As of this morning, 230,294 Democrats had already voted. Republicans cast 178,653 early ballots in 2014 and were at 189,961 this morning. Turnout among no-party Iowa voters typically drops sharply in non-presidential years. Four years ago, 99,491 independents cast ballots; the comparable number today is 114,878.

Earlier today, I reviewed the nine Iowa Senate races most likely to be competitive and 20 Iowa House races that will likely decide control of the lower chamber.

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Exclusive: How Kim Reynolds got away with violating Iowa's constitution

Governor Kim Reynolds swore an oath to “support the constitution of the United States and the constitution of the State of Iowa.” But when she missed a deadline for filling a district court vacancy in June, she did not follow the process outlined in Iowa’s constitution.

Public records obtained by Bleeding Heartland indicate that Reynolds did not convey her choice for Judicial District 6 to anyone until four days after her authority to make the appointment had lapsed. Nevertheless, staff assured the news media and Iowa Supreme Court Chief Justice Mark Cady that the governor had named Judge Jason Besler on time.

Reynolds and Secretary of State Paul Pate later signed an appointment and commission certificate that was backdated, creating the impression the governor had acted within the constitutionally-mandated window.

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Court puts four new Iowa voting restrictions on hold (updated)

A Polk County District Court has ordered that four voting restrictions Iowa Republicans enacted in 2017 will be on hold pending resolution of a lawsuit the League of United Latin American Citizens and Iowa State University student Taylor Blair filed in May. Plaintiffs had requested the temporary injunction, noting that the new law (House File 516) could disenfranchise eligible voters in various ways and would disproportionately harm Democrats, who are more likely to cast early ballots.

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Iowa political reaction to Trump's family separation policy

Editor’s note: Des Moines Democratic activist Robert Niederklopfer drew the cartoon posted above.

The crisis of some 2,300 children separated from their parents after crossing the southern border of the U.S. reached a tipping point this week. The “zero-tolerance policy” is two months old, but new images of kids locked in cages and heartbreaking sounds of children crying for their parents outraged millions of Americans.

A new national poll suggests voters oppose taking children away from their parents by a two to one margin. Thousands have called their members of Congress to demand action. Former acting Director of U.S. Immigration and Customs Enforcement during the Obama administration John Sandweg has warned that many of the separations will end up becoming permanent. Several “tender age” shelters are housing very young children, some unable to talk or remember their parents’ names.

I enclose below comments from leading Iowa politicians on the issue. Most predate the executive order Trump signed today, which will do nothing for families already separated and may not help new arrivals either.

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Iowa Republicans not challenging Attorney General Tom Miller

What a difference two election cycles makes. After going all in against longtime Attorney General Tom Miller in 2010 and making a token effort to defeat him in 2014, Iowa Republicans did not even nominate a candidate for attorney general at their June 16 state convention.

It’s an embarrassing capitulation for a party whose leaders relentlessly and dishonestly bashed Miller during last year’s controversy over Governor Kim Reynolds’ constitutional authority to name a new lieutenant governor.

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IA-Gov: First speeches by the Hubbell-Hart ticket (audio, transcripts)

“Whether it’s her own story or distorting facts about my story, one thing is clear: Governor Reynolds is running a campaign about yesterday,” Fred Hubbell told Iowa Democratic Party state convention delegates on June 16. “We’re running a campaign about tomorrow. We are running to get Iowa growing the right way.”

Hubbell’s first speech to a large crowd since his decisive victory in the high-turnout June 5 primary served several purposes:

• Preview the main themes of his general election campaign;

• Reassure Democratic activists (many of whom had been strongly committed to other candidates) that he shares their values and goals;

• Address and reframe early attacks from Governor Kim Reynolds; and

• Introduce his running mate State Senator Rita Hart, who’s not well-known outside Clinton and Scott counties.

For those who weren’t able to attend the convention, I enclose below audio and full transcripts of the speeches by Hubbell and Hart.

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Republicans virtually guaranteed to pick up Iowa Senate district 1

State Senator David Johnson, the only independent to serve in the Iowa legislature in recent decades, announced today he will not seek re-election in November. He had won four previous state Senate races as a Republican and indicated last year that he planned to run for another term. However, Johnson had neither raised nor spent any money from his campaign account since January 1.

The retirement gives the GOP, which already holds 29 of the 50 seats in the upper chamber, a clear shot at picking up Senate district 1 in the state’s northwest corner. According to the latest figures from the Iowa Secretary of State’s office, this district contains 7,304 active registered Democrats, 20,589 Republicans, and 13,333 no-party voters. Only one seat (nearby Senate district 2) is more heavily skewed toward the GOP. Brad Price, Zach Whiting, and Jesse Wolfe are competing for the GOP nomination in Johnson’s district. Democrats did not field a candidate here.

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A special message for Nate Boulton supporters

Words of wisdom from Julie Stauch, a veteran of many Democratic campaigns. -promoted by desmoinesdem

To my friends who put your heart into supporting Nate Boulton – this post is for you.

I went to my first caucus in support of Gary Hart in 1984. Then, in 1987, the Monkey Business photo came out and he was out of the presidential race. I can remember the date – May 8. I had been volunteering for him for a little over two months and was rocked by the whole event. My response was – “I’m done. I’m not going to do this again.”

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Groups sue to block abortion ban; Iowa AG won't defend law (updated)

UPDATE: Have added the plaintiffs’ court filings at the end of this post.

The American Civil Liberties Union of Iowa, Planned Parenthood of the Heartland, and the Iowa City-based Emma Goldman Clinic filed suit today to block the new state ban on almost all abortions after a fetal heartbeat can be detected. I enclose below the full statement from the groups and will post the court filing once that document becomes available. The Polk County District Court is certain to put a stay on Senate File 359 (which would have taken effect July 1) while litigation is pending.

Attorney General Tom Miller “has disqualified himself from representing the state” in this case, Solicitor General Jeffrey Thompson informed Iowa’s Executive Council today. Miller took that step after determining “he could not zealously assert the state’s position because of his core belief that the statute, if upheld, would undermine rights and protections for women.” The attorney general recommends that the Executive Council authorize the Thomas More Society to defend the law. That conservative group has offered its legal services at no cost to the state.

Miller’s decision is telling, because a few years ago, the Iowa Attorney General’s office defended the state administrative rule seeking to ban the use of telemedicine to provide medical abortions at Planned Parenthood clinics around the state. The Iowa Supreme Court unanimously found that policy created an “undue burden” for women seeking an abortion. You can read that decision in full here.

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When someone tried to plant a false story in the Des Moines Register

A year ago today, Des Moines Register public affairs reporter William Petroski reached out to the Iowa Attorney General’s office, seeking to confirm a tip from a “really good source.”

The story never made it into the paper, because it didn’t check out. Odds are the misinformation came from someone close to then Governor Terry Branstad and Lieutenant Governor Kim Reynolds.

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A close look at a proposed Iowa constitutional amendment

Marty Ryan is a nearly retired lobbyist after 27 Iowa legislative sessions. -promoted by desmoinesdem

Lawmakers have introduced a glut of proposed amendments to Iowa’s Constitution in the legislature this year. So far, only two have survived. House Joint Resolution 2009 would guarantee the right to bear arms. Both chambers would have to pass identical language during the Eighty-Eighth General Assembly (2019-2020) in order to put that amendment on the November 2020 ballot for Iowans to approve or disapprove.

The other proposal is Senate Joint Resolution 2006, which would change the procedure for who succeeds the governor in case of death, resignation, impeachment, or inability to carry out the duties of governor. It also redefines the procedure for accomplishing that transition.

Reading the legalese of the legislative document will have you bored to death, confused, or excited to solve it like a New York Times Sunday Crossword Puzzle.

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Kim Reynolds quietly signed unconstitutional immigration bill

Governor Kim Reynolds has signed a bill designed to force Iowa police and sheriffs to assist with federal immigration enforcement.

In so doing, she undermined public safety and constitutional rights against unreasonable searches and seizures–not only for those living in Iowa without legal authorization, but also for immigrants who are lawfully present or even U.S. citizens.

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IA-03: Theresa Greenfield off Democratic primary ballot

Secretary of State Paul Pate did not certify Theresa Greenfield’s candidacy in Iowa’s third Congressional district today, following advice from Attorney General Tom Miller. The Iowa Democratic Party’s Third District Central Committee voted on March 26 to designate Greenfield as an “additional primary election candidate.” Miller declined last week to issue a legal opinion on whether the relevant portion of Iowa code applies to Greenfield’s circumstances. But in an analysis released today, the attorney general said the statute is intended “to encourage and ensure contested primaries” and “is not a do-over provision” for candidates who failed to qualify for the ballot through ordinary means.

I’ve posted the full statement and legal analysis from the Attorney General’s office after the jump, along with a statement from Greenfield accepting Miller’s conclusion. She could have filed a lawsuit challenging Pate’s refusal to certify her, but she probably would not have succeeded for reasons Bleeding Heartland discussed here and here.

The big question mark now is where Greenfield’s prominent supporters, including major labor unions, will land. Three Democrats are competing for the chance to take on two-term Representative David Young: Cindy Axne, Pete D’Alessandro, and Eddie Mauro. Although they agree on many issues, they have been making very different cases to voters. Each has well-known advocates in Iowa Democratic circles.

Axne angered some Greenfield backers by lobbying the central committee not to invoke Iowa Code 43.23, whereas Mauro promised last week not to challenge efforts to add Greenfield to the ballot. D’Alessandro helped Greenfield during her mad dash to collect new signatures on March 16.

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Iowa candidates on notice: Signature requirements are real

A state panel disqualified two prominent Republican candidates yesterday due to insufficient valid signatures on their nominating petitions. A leading Democratic contender for Congress would have suffered the same fate, had a party committee not bailed her out using a questionable legal loophole.

All of the candidates had been actively campaigning for months. Yet they failed to ensure that they could meet a straightforward, longstanding requirement to qualify for the ballot. Nothing like this should happen to another serious contender for public office in Iowa.

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Vote on Greenfield candidacy sets bad precedent for Iowa Democrats

Members of the Iowa Democratic Party’s Third District Central Committee voted yesterday to use an obscure provision of state law to nominate Theresa Greenfield for the primary ballot. After about 30 minutes of debate, the committee narrowly supported a motion to add another candidate to the Congressional primary ballot (36 to 31, with two abstaining). A second motion, for Greenfield to be that additional candidate, passed 47 to 10, with six abstentions.

Before Greenfield’s name is added to the candidate list, an election panel consisting of Attorney General Tom Miller, Secretary of State Paul Pate, and State Auditor Mary Mosiman will likely consider an objection. Depending on the outcome, the panel’s decision may be challenged in court.

Central committee members were in an unenviable position; no matter how they voted, some activists would be upset. Unfortunately, the chosen path suggests that Iowa Democrats will abandon normal procedures if necessary to help a sympathetic candidate.

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Libertarian candidate challenges Kim Reynolds, David Young nominations

The Libertarian candidate in Iowa’s third Congressional district has challenged the nomination petitions submitted by Governor Kim Reynolds and Representative David Young for the June 5 Republican primary. Bryan Jack Holder charges that Reynolds and Young collected many signatures on petitions that were not “substantially” in “the form prescribed by the state commissioner of elections.” He further claims the governor and U.S. House incumbent violated voters’ privacy rights by collecting personal information that was not redacted from petitions turned in to the Iowa Secretary of State’s office.

Although Holder is extremely unlikely to knock either Republican off the primary ballot, his objections may produce more clarity on how much Iowa candidates for state or federal offices can modify their nominating petitions.

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Whitver, Schneider to lead Iowa Senate GOP; Failor out as top aide

Iowa Senate Republicans elected new leaders today following Bill Dix’s unexpected resignation on March 12. Jack Whitver moves up from Senate president to majority leader, and Charles Schneider moves up from majority whip to Senate president. Amy Sinclair, who has been one of four assistant majority leaders, moves up to majority whip. Jake Chapman will take her place as an assistant leader.

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Iowa Senate backs governor's power to appoint new LG

The Iowa Senate has taken the first step toward preventing a repeat of last spring’s controversy over whether Kim Reynolds would have the authority to name a new lieutenant governor following Terry Branstad’s resignation.

With broad bipartisan support, senators approved on March 7 a constitutional amendment designed to give future generations “a clear and explicit understanding of the line of succession for Iowa’s governors.”

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Weekend thread: Statewide candidate edition

Iowa will soon have its first new secretary of agriculture since 2007. The U.S. Senate confirmed Bill Northey on February 27 as undersecretary for farm production and conservation at the U.S. Department of Agriculture. He should have been confirmed months ago; senators on the Agriculture Committee unanimously endorsed his nomination in October. But Senator Ted Cruz of Texas held the nomination over a Renewable Fuel Standard dispute that has nothing to do with Northey’s portfolio.

Once Northey resigns as Iowa secretary of agriculture, Governor Kim Reynolds will appoint his longtime deputy Mike Naig to fill that post for the rest of this year, the governor’s office announced on March 1. I enclose Naig’s official bio below. One of five Republicans who have said they will run for Northey’s job, Naig formally launched his campaign for that office on March 2. At this writing, only Craig Lang has qualified for the primary ballot. Other declared GOP candidates are Ray Gaesser, Chad Ingels, and Dan Zumbach. UPDATE: Northey posted on Twitter March 6, “I heartily endorse Mike Naig as our next Iowa Ag Secy. Mike has been a great partner as my Deputy Secy of ag for 4+ yrs. Mike is ready to lead. Let’s elect Mike in June & Nov!”

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Rita DeJong's strong performance shows Iowa legislature in play

Josh Hughes is a Drake University undergraduate and vice president of the I-35 school board. -promoted by desmoinesdem

Republican Jacob Bossman bested Democrat Rita DeJong by 55.6 percent to 44.3 percent in a January 16 special election that, despite the sub-zero temperatures on election day, got very hot in the final stretch. Sensing vulnerability in this ancestrally Republican seat, the Iowa GOP spent more than $117,000 on tv advertising and paid mail to juice Republican turnout.

The GOP’s investment paid off. But even in this loss, Iowa Democrats have many reasons to feel hopeful, not only because of DeJong’s massive over performance compared to other Democrats, but also because the fundamentals of the district suggest something much larger going on.

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Obama's caucus victory 10 years later: A look back in photos

Many thanks to Jordan Oster, a public affairs consultant and clean energy advocate from Des Moines, for this review of a remarkable Iowa caucus campaign. -promoted by desmoinesdem

January 3 marked the tenth anniversary of Barack Obama’s victory in the 2008 Iowa Democratic Precinct Caucuses.

Like a number of supporters and former staffers, I took to social media earlier this week to share photos and memories from his campaign. You can check out the full Twitter thread here.

As this anniversary approached, I began to gather photos and recollections of the Obama campaign. The Iowa caucuses have long captivated me, and I have tried to do my part to preserve and keep its unique history alive. A camera is usually a required accessory when I attend presidential events, and I have filled many memory cards with photos of presidential candidates since I first got involved with campaigns in 2003.

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Iowa AG has joined 36 legal actions challenging Trump policies

Iowa Attorney General Tom Miller signed on to three dozen multi-state actions challenging Trump administration policies last year, covering a wide range of immigration, environmental, civil rights, consumer protection and labor issues. Miller also joined fellow attorneys general in nine amicus curiae briefs related to state-level or local policies on reproductive rights, LGBTQ equality, gun control, voting rights, and gerrymandering.

Although federal lawsuits aren’t the main focus of Miller’s work, Iowans can be proud our attorney general repeatedly stood for fundamental rights and core progressive values.

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