Iowa 2010 news

News about or affecting the judiciary in Iowa.

2010

States to begin legislative sessions in 2011

MADISON, Wisconsin: On January 3, 2011, Montana and Ohio will begin their legislative sessions, the first of 48 states to begin sessions in 2011.

Two states have already begun their legislative sessions. Maine's legislature met on December 1, and California's commenced on December 6.

All 50 states will have sessions in 2011, contrasted with 2010, where only 46 states conducted regular sessions. Texas, North Dakota, and Montana were three of the four states in which the legislatures did not hold regular sessions. The fourth state, Nevada, held a special session from February 23 to March 1 dealing with the budget and education.

Month	States
January	Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
February	Oregon, Nevada, Oklahoma
March	Alabama, Florida
April	Louisiana

A detailed breakdown of legislative start dates, end dates and special election dates may be viewed on Ballotpedia's 2011 state legislative calendar. For more information on session lengths and limits, see this page.

In 2011, state budgets and redistricting are expected to be some of the most controversial issues taken up by state legislatures. With the federal stimulus dropping from state budgets, lawmakers are scrambling to fill the holes that have been created.

Efforts for immigration measure starting in Iowa

Des Moines , Iowa: Earlier this year, the state of Arizona passed a bill in legislative session that mandated state and local authorities to question a person's immigration status if there were any suspicions that they were illegal immigrants. The bill was signed on April 23, 2010 by Arizona Governor Jan Brewer. Now, residents in the state of Iowa want to do the same. Although there is no initiative and referendum process in the state, a citizens group is trying to collect 200,000 signatures in order to urge lawmakers to pass a similar law to the ballot for voters to decide in 2012. The group, according to reports, is called the Minutemen Patriots. Petitions have been sent to 81 counties in the state so far. Legislative session begins in January 2011.

The question may appear on the 2012 ballot in the state of Iowa as a legislative referral. Like the Arizona law, the measure would allow authorities in the state to check the immigration status of those they deem suspicious.

U.S. Census Bureau announces official figures for 2011 reapportionment

By Eileen McGuire-Mahony

WASHINGTON, D.C: As of April 1, 2010, the official, enumerated population of the United States is 308,745,538. This represents 9.7% population growth since 2000, confirming expert predictions that U.S. population growth would prove to have slowed. The other major report of the morning was the reapportionment of Congressional seats, the reason that gives the Census its Constitutional mandate.

In all, there are 12 seats, affecting 18 states, that will be shifted. Eight states, Arizona, Florida, Georgia, Nevada, South Carolina, Texas, Utah, and Washington will gain seats. Texas makes the biggest overall gains, picking up four seats. This marks the seventh consecutive decade when the Lone Star State has gained Congressional Districts. Florida, gaining two seats, is America's other state to pick up multiple seats.

Ten states, Illinois, Iowa, Louisiana, Massachusetts, Michigan, Missouri, New Jersey, New York, Ohio, and Pennsylvania, will lose seats. Of those, New York and Ohio are each giving up two; the other states, one.

Beginning with the 2012 elections, the average population of a House District will be 710,767, up from 646,952 in 2000. The number of House seats, at 435, will remain steady. Increasing the total seats in the House is a Congressional matter, and the Census Bureau plays no role should the House decide to grow its size.

...Continued

New census population figures to be released next week

By Kyle Maichle

The first Census numbers will be released on December 21, 2010, when states will find out how many congressional seats they will have in the new decade.

One state expected to lose seats is Iowa, despite having an increase in its population.

An attorney close to the state's redistricting effort told the Des Moines Register that they expect Iowa to go from five to four seats in Congress. Ed Cook, Senior Counsel for the Iowa Legislative Service Agency, said that he does not expect the state to move on redrawing boundaries for the General Assembly until February when more census data is released. Despite the fact that the state's population is expected to increase from 2.3 to 3 million, the growth was much slower compared to other states around the country.

Under Iowa law, the Legislative Service Agency draws the boundaries for U.S. Congress and the General Assembly. Population is the only factor allowed by law to be used when drawing boundaries. Also, newly drawn districts cannot deviate from one another less than one percent and no congressional district can have its dividing line splitting two counties. The Governor has until September 15, 2011, to approve a redistricting plan. If a plan is not approved by the Governor, then the Iowa Supreme Court must approve the plan. Legislators can object to a redistricting plan, but the Legislative Service Agency must present a new proposal in response to the objections.

The new figures released on December 21 will impact the apportionment of the Congressional House of Representatives seats. The U.S. Census Bureau has until December 31, 2010 to release new population numbers and congressional apportionment figures to the President of the United States.

Candidates Ernst and Smith contend for District 48

DES MOINES, Iowa: Two candidates have been nominated to run in the January 4 special election to fill Lt. Governor-elect Kim Reynolds' now vacant District 48 seat.

Democratic candidate Ruth Smith and Republican candidate Joni Ernst are campaigning for the seat, which was vacated by Reynolds, who resigned last month to become Iowa's next Lieutenant Governor.

Smith has made the rounds once before, in a race which she lost to Kim Reynolds in 2008. Reynolds beat Smith by a margin of 53 percent to 43 percent.

Both candidates face a tough home stretch, with many obstacles to overcome. Inclement winter weather, a lack of TV and radio coverage and voter fatigue are some of the hurdles they face. For example, District 48 has no local TV stations, and only a few radio stations have sufficient signals to cover the district.

Voter fatigue may be the biggest obstacle for the candidates. The primary and general elections of 2010 were exhausting for many, and may have left voters un-motivated to go to the polls yet again. "People can’t drag themselves to even regular elections,” Iowa State University political science professor Steffen Schmidt said. “(Those elected) get picked by a really small percentage of people.”

The election will take place on January 4, 2011. Results may be found on Ballotpedia and the Iowa Secretary of State's website.

As of the November 2010 election, Democrats have a 4-seat lead for Senate control. If Smith wins the race on January 4, Democrats will have a 28-22 lead. A victory by Ernst would maintain the 27-23 difference.

Iowa State Senate
Party		As of November 1, 2010	After the 2010 Election
	Democratic Party	32	27
	Republican Party	18	23
Total		50	50

Special election set for Iowa Senate seat

Des Moines , Iowa: Governor Chet Culver has announced a special election to take place on January 4, 2011. This election will fill the vacancy left by former State Senator Kim Reynolds, who, on November 2, won election to be Iowa's next Lieutenant Governor. Reynolds resigned on November 12.

Reynolds was elected along with Governor-elect Terry E. Branstad.

The November Ballot – Who's Made It? Iowa Lieutenant Governor
Nominee		Affiliation
Patty Judge, with Chet Culver		Democrat
Kim Reynolds, with Terry E. Branstad		Republican
Richard Marlar, with Jonathan Narcisse		Iowa Party
Nick Weltha, with Eric Cooper		Libertarian
Helen Meyers, with Dave Rosenfeld		Socialist Workers Party
Robin Prior-Calef, with Gregory James Hughes		(nominated by petition)
This lists candidates who won their state's primary or convention, or who were unopposed, and who have since been officially certified for the November ballot by their state's election authority.

Majority of GOP Secretary of State Pickups won by Obama in 2008

By Joseph Kastner

With all 2010 Secretary of State elections accounted for, a grand total of 9 of the statewide offices have switched hands from Democratic to Republican. Of these states, 6 of them - Iowa, Maine, New Hampshire, New Mexico, Ohio, and Pennsylvania - went to Barack Obama in the 2008 presidential election.

Secretary of State Shift on November 2 Compared to States Won by President Obama in 2008
State won by Obama in 2008	% of popular vote won by Obama in 2008	Chief Election Official?
Indiana	54.0%	Yes
Iowa	54.0%	Yes
Maine	57.6%	Yes
Michigan	57.4%	Yes
New Hampshire	54.3%	Yes
New Mexico	56.7%	Yes
Ohio	51.2%	Yes
Pennsylvania	54.7%	Yes

The three states that switched from Democrat to Republican which Obama did not win two years ago are Arkansas, Kansas, and Oklahoma. Of the 9 states that are now under Republican, only one of them - Oklahoma - does not have the secretary of state serve that their state's designated chief election official.

George Soros and SOS Project hit hard on Election Day

By Joseph Kastner

George Soros, who has donated nearly $10,000 to the Secretary of State Project, declared that the Democracy Alliance had approved the 527 political organization as a grantee at the 2008 Democratic National Convention

While much of both the media's and public's attention in regards to the shift in the balance of political power has been primarily focused on the national level, there were significant changes that took place on the state level as well that could have tremendous repercussions for years to come. In addition to witnessing the development of Republican majorities in both the governorships as well as the state assemblies of individual state governments, Democrats have seen a slim lead in their control of the Secretary of State offices evaporate over night. Hardest hit by the Republican tidal wave in this respect were the secretaries of state who served as chief election official (CEO) of each of their respective states and, more specifically, those officers connected with the George Soros-funded Secretary of State Project.

The Secretary of State Project (SOS Project), is an independent 527 political organization founded in July 2006 under the premise of advancing "election protection" measures. Members believe that the only way in which to accomplish such a goal is to devote all efforts and resources toward helping get Democrats elected to the offices of Secretary of State in selected swing, or battleground, states, specifically those whose margin of victory in the 2004 presidential election contest was 120,000 votes or less.

...Continued

Three Iowa Supreme Court justices ousted from court

Iowa: The three Iowa Supreme Court justices on the November 2 ballot for retention have been voted off of the court. David Baker, Marsha Ternus and Michael Streit must all leave the court upon the December 31, 2010 expiration of their terms. This is the first time a supreme court justice has not been retained since the state instituted its system of appointment and retention in 1962.

The reason for their ouster is widely believed to be backlash for a unanimous 2009 ruling of the supreme court that overturned the state's ban on gay marriages. Anti-gay marriage groups such as the National Organization for Marriage, the American Family Association and the Family Research Council spent more than $700,000 on campaigns against the justices. Campaigns in support of retaining the justices spent more than $200,000.

Chief Justice Ternus was appointed to the court in 1993 by Governor Terry Branstad. Streit was appointed by Governor Tom Vilsack in 2001, and Baker was appointed to the court in 2008 by Governor Chet Culver.

Tough economy has some surprising people looking to get their old jobs back

In five states, the gubernatorial ballot will feature a familiar name.

By Eileen McGuire-Mahony

Of the record 37 states electing a governor this year,five states have a former governor on the ballot. In California, Georgia, Iowa, Maryland, and Oregon, a major party candidate has served at least one term as chief executive previously.

Jerry Brown, Roy E. Barnes, Terry E. Branstad, Bob Ehrlich, and John Kitzhaber represent ten terms, or 40 years, of collective gubernatorial experience. Of the five men, there are three Democrats and 2 Republicans; two chose not to run again at the end of their first tenures, one was term-limited out, and the other two lost re-election bids. In three races, it's quite likely voters will choose to send a former governor back to office.

California's Jerry Brown served two terms from 1975 to 1983. He succeeded Ronald Reagan, who moved up to the White House. Brown himself thought he had Presidential potential. Even during his time as the Golden's State's leader, his sights were set higher. Brown entered the 1976 and 1980 Presidential primaries, though he was unsuccessful both times. In 1982, he declined to run again, instead running for the U.S. Senate. He lost that race and, once he'd left the governorship, chaired the state's Democratic Party, made a third failed Presidential run in 1992, won Oakland's mayoral race, and served as Attorney General. He is now leading Republican Meg Whitman by double digits in 2010's most expensive race and looks likely to take his old job back.

Fellow one-time Pacific Coast governor John Kitzhaber was Oregon's commander-in-chief for two terms, from 1995 to 2003. Term-limit law precluded a third run; however, Oregon does not impose lifetime bans on any individual serving as governor. Aftr leaving office, Kitzhaber, a physician by training, spent substantial time working with health-care reform foundations largely supportive of government controlled single-payer systems. His race, against former NBA player Chris Dudley is still ranked as a toss-up by many race trackers. Though Kitzhaber has pulled ahead lately, there is still an outside chance that the GOP could affect an upset in reliably blue Oregon.

A third state represents a solid chance for a former governor to become a governor-elect. Iowa's Terry Branstad spent a whopping four terms leading the state. He is both Iowa's longest serving governor and, first elected at 36, the state's youngest governor. At the end of his tenure, which spanned 1983 to 1999, Branstad opted against another run. He spent the next decade in higher education, including six years as the President of Des Moines University. His race is considered one of the easiest bets in the 2010 cycle, all but certain to give the Republicans a win and send Branstad back to the governor's mansion. His opponent is Democratic incumbent Chet Culver, who is something of an anomaly himself. When Branstad first left office, Democrat Tom Vilsack succeeded him and served two terms. Culver's 2006 victory after Vilsack had left office represents the first time Iowa has elected back-to-back Democrats to the governorship since the late 1930s.

In an interesting pattern, it is the three governors who first left office freely or who were subject to term limits who are in strong positions to win their races. On the East Coast, two more governors never wanted to leave office and are not looking likely to get a second bite at the apple.

Marylander Bob Ehrlich and Roy Barnes of Georgia both served a single term before losing re-election bids. Both men's time in office represented departures from their state's usual political predilections. Ehrlich was the first Republican to win Maryland's governorship in nearly four decades, since Spiro Agnew's 1967 victory. Moreover, he is one of only six Republicans who have ever governed the Free State. Roy Barnes served his only term to date in Georgia sandwiched between Zell Miller and Sonny Perdue. One of the state's most powerful governors, he earned the nickname "King Roy," a sobriquet the Republicans have made hay with in the current election cycle. Looking back on Barnes' fall from power when he lost his bid for a second term, many analysts point to his support for minimizing use of the Confederate Flag in a state where it is widely perceived as a badge of pride as King Roy's death knell.

Martin O'Malley, Maryland's current governor and the man who ousted Ehrlich from office, is far ahead in the polls and will almost certainly be returned to power by voters. Barnes' campaign in Georgia is polling more closely but his opponent, Nathan Deal, is still pegged to win. However, the returns could be close enough to trigger a runoff election. While such an event would bring both the Democratic and Republican national operations out in force, Deal is still expected to prevail.

Among these five men, two are running against fresh faces. Meg Whitman and Chris Dudley, the Republican nominees in California and Oregon, are both successful and even famous in their first careers but both are also new to electoral politics. Interestingly, both of these races are for open seats. That both states could go to the GOP and were, at one point, forecast to be Republican wins speaks to voter discontent with career politicians. That the two states are, with only days before the elections, taking on a bluer shade, may be evidence that experience still counts both in knowing how to campaign and as a salient argument in winning over voters.

The other three state, Iowa, Maryland, and Georgia, feature candidates with deeply political resumes on both sides. Iowa and Maryland share a Republican challenger, who once was the governor, challenging a Democratic incumbent. The likely outcomes, however, could not be more different. Georgia is likely to remain in Republican hands, though the battle could very well be prolonged and bitter. Regarding Maryland, there is no realistic scenario where O'Malley loses.

Regardless of the outcomes in these races, any missteps in the next four years will lead to "I-told-you-so" choruses from someone. Will the American Northeast regret sending in a novice over a known quantity or be ruing the day they gave a member of the political class another chance over the new kid? Will the Midwest end up sorry or thankful they extended the record of ther longest serving governor? And will East Coast voters, already choosing between candidates who've spent much of thier adult lives in elected office, second guess their own choices?

Sometime in the next one-hundred hours, the races should be settled. And, beginning on Inauguration Day, every governor goes under nonstop scrutiny, a process sure to be filled with detailed ruminations on whether the best man got in.

GOP inroads projected in Tuesday's state legislative elections

Partisan dominance in state legislatures heading into the 2010 state legislative elections

By Geoff Pallay and Leslie Graves

MADISON, Wisconsin: Republicans will make significant gains in state legislatures on November 2nd, according to our election projections.

The Republican Party is poised to gain control of up to 18 state legislative chambers on election night. Going into the elections, Democrats control 28 state senates while Republicans control 20. We project that Republicans will gain control of the Alaska and Iowa senates. Meanwhile, Alabama, Maine, New Hampshire, New York, North Carolina and Wisconsin are still too close call and remain a toss-up.

Additionally, the GOP is poised to pick-up at least five state houses and could win as many as 10 houses on election night. Democrats currently control 32 state houses to the GOP’s 16. We project that the GOP will win a majority in Indiana, Montana, Ohio, Pennsylvaniaand Wisconsin. In addition, Democratic-controlled houses in Alabama, Colorado, North Carolina, New Hampshire and Iowa rest in the toss-up category.

Of the 99 state legislative chambers in the United States, 88 are holding state legislative elections on November 2, 2010. 1,167 of the country's 1,971 state senate seats are up for re-election, while 4,958 (91.6%) of the country's 5,413 state house seats are up for re-election. Altogether, 6,125 of the country's 7,384 state legislative seats are up for re-election in this volatile election year. Democrats control the majority in 52 of the chambers that are up for re-election while Republicans are the majority in 33.

Republican Party projected to pick up 6 state Attorney General seats on November 2

2010 AG Elections
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All 2010 Elections
General Election Results

By Joseph Kastner and Leslie Graves

In Ballotpedia's coverage of the 2010 State Attorney General elections, this is our third and final race-tracking prediction of predicted outcomes.

2010 Attorney General Races

Democrats Before election: 32 Predicted after election: 25	Toss-up 1	Republicans Before election: 18 Predicted after election: 24

15 Safe or Not Up	8	2	1	7	8	9 Safe or Not Up

With the 2010 midterm election nearly a week away, we are set to make final predictions in the thirty state attorney general contests scheduled for the ballot on Tuesday, November 2nd. Bear in mind, however, that as with any election events can/will occur up to the very last minute that may in the end sway voters one way or another. Additionally, a number of these contests hinge on turn out of "top of the ticket" races such as governor, U.S. Senate, and U.S. House, many of which are still up in the air.

Before examining each individual race more closely, let’s step back a bit and provide a little background on the state attorney general elections as a whole.

Myths and realities of Constitutional Conventions discussed in Washington D.C.

By Al Ortiz

WASHINGTON D.C.: Constitutional convention questions are on the ballot in four states on November 2, 2010, leaving those voters to decide if they should convene to amend their state document. On October 22, a conference was held at the National Press Club in Washington D.C. discussing the history of such conventions and the thought process behind them in terms of campaigning and voters' decisions on them. The four states that have constitutional convention questions on the ballot are Maryland, Michigan, Montana, and Iowa. The conference, held from 3:00 p.m. to 4:30 p.m., had six key speakers, including J.H. Snider, President of iSolon.org, acting as the mediator.

The conference started with an opening statement by Snider, who called constitutional conventions "important institutes" that aren't very well known among voters. According to Snider, "This is a historic year (for constitutional conventions). Never in American history have there been four con-con questions on the ballot at the same time." In the opening statement, Snider also stated that so many convention questions won't appear on the ballot again until the year 2090.

With the stars aligning for constitutional convention questions, it was only fitting that the first speaker was John Woodcock, Adjunct Professor of Political Science at Central Connecticut State University, former Connecticut representative, and Vice-Chair of the Connecticut con-con yes campaign in 2008. Having been on the committee to support the passage of the constitutional convention question on the Connecticut 2008 ballot, Woodcock described how his campaign was run, who his opponents were and why his campaign was unsuccessful, as the measure was defeated by a vote of 59 percent to 41 percent. One reason the campaign was unsuccessful, says Woodcock, was that his campaign was outspent $1.5 million to $25,000.

Next in line to speak was Dan Friedman, Maryland Assistant Attorney General, who spoke specifically about the Maryland Constitution and its history of constitutional conventions, which he says there have been five in the state. One interesting tidbit that Friedman spoke about was the fact that the 1864 constitutional convention, which was held during the Civil War, was interrupted due to the Battle of Monocacy, as delegates had to leave the conference to defend their farmlands. At the tail end of his talking time, Friedman, who stated he did not have a position, claimed about this year's question on the Maryland ballot: "Since no one can point to a troubling defect of the constitution...it is unlikely that anyone would vote for the need to fix it."

Constitutional conventions on the ballot in 2010

Robert Williams, Professor at Rutgers University-Camden, spoke about the reasons behind constitutional conventions. According to Williams, in the 19th century, there were a total of 93 con-cons, as many residents did not trust their legislators, particularly in South Dakota, where the state governor called for residents to not trust state lawmakers. Williams claimed, "We see the United States Constitution as this sacred document that can't be touched. At the state level, we see those constitutions as a day-to-day pragmatic document." However, as the 20th century came around, this trend discontinued, as fewer and fewer conventions were held. Williams gave his reasoning behind those conventions, stating that every person should have an opportunity to become involved with their government and that a convention requires you to weigh in on multiple considerations. He claimed, "It's easy to vote on tax reductions, but when you have to weigh in on how to supplement money used for programs that are funded by the tax, then it's different. Con-cons are very useful."

John Dinan, Associate Professor of Political Science at Wake Forest University, discussed the reasons why constitutional convention questions have failed in the past few decades. According to Dinan, the last con-con to be passed by voters was in Rhode Island in 1984. Dinan cited three reasons why constitutional conventions fail:

• Citizen apathy and indifference; if citizens are indifferent, their default is to vote 'no'.
• Particular groups call for the failure of the question, such as state legislators. Constitutional conventions are an alternative power source to state legislatures. Legislators worry that delegates in the conventions may rise to prominence and run for the very seats that legislators occupy.
• Groups that have interest in a certain provision in the current constitution may worry that it may be done away with if the convention is held.

The last speaker, G. Alan Tarr, Professor at Rugters University-Camden, echoed Dinan by stating, "When people are in the dark, they are easy to scare...Either we take a leap of faith or a leap of desperation."

With the session concluding, it was clear that the speakers who took part in the conference were unsure about which measures would pass, if at all. However, it seemed to clear among them as to which of the four measures has gotten the most attention - which was the Iowa question.

In any case, November 2 is fast approaching and voters in those four states need to find out every myth and reality about constitutional conventions to make an informed decision either way, according to the panel of experts.

Ballotpedia's Regional Breakdown: Midwest ballot measures

Regional Breakdown of 2010 ballot measures: Midwest

By Bailey Ludlam, Johanna Herman and Al Ortiz

MIDWEST REGION, United States: In the third part of Ballotpedia's five part series of regional breakdowns, the Midwest region of the country presents 14 total ballot measures, which is the exact number of measures those six states had back in 2008. Two states had no changes to their count from 2008 to 2010 and one state, Ohio, had the biggest decrease of measures on the ballot from 5 to 2. Missouri had the most measures of the six states, with 6 proposals on the ballot. The most notable measures this region boasts include issues such as recall, health care, and 2 constitutional convention questions that automatically appear once every decade or more in those states for voters to decide.

The states that Ballotpedia has included in the Midwest region are: Illinois, Indiana, Iowa, Michigan, Missouri and Ohio. Below is a breakdown of how many statewide measures are on the ballot in the Midwest and how that compares to 2008, followed by summaries of each state. The information was compiled by Ballotpedia's analysis of the 2010 ballot measures.

Judge Eveloff appointed District Court judge

Iowa: Associate judge Mark J. Eveloff has been named District Judge of Iowa District Four by Gov. Culver. Eveloff will replace retired Judge Charles L. Smith, II. He has been an associate judge since 1996. Previously, he worked as a Des Moines Assistant City Attorney, a Polk County Assistant Attorney and as a private practice lawyer.

Ballotpedia SOS Race Tracker - Toss-ups down to 3, GOP likely to pick up CO, IA, and KS

2010 SOS Elections
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General Election results

By Joseph Kastner

In Ballotpedia's coverage of the 2010 Secretary of State elections, this is our second race-tracking prediction of predicted outcomes.

Unlike the races for State Attorney General, there is not a single office out of the 26 Secretary of State positions up for election this year that will go uncontested in November; therefore, none of the seats is guaranteed to go to either major political party. This is not say, however, that every election will be fiercely competitive. There are at least ten states - 6 currently held by a Republican (Alabama, Idaho, Nebraska, North Dakota, South Carolina, and Wyoming) and 4 by a Democrat (Illinois, Massachusetts, Rhode Island, and Wisconsin) - where the incumbent faces token competition, an individual who no doubt is sincere in his/her efforts in campaigning for the office, but who stands no real chance of gaining a significant political foothold in the race.

Here is a breakdown of which states have been placed in the five other categories. (R and D and indicate party of current officeholder.)

• Toss ups: Arkansas (D), New Mexico (D), Ohio (D)
• Likely Ds: California (D), Connecticut (D), Illinois (D), Massachusetts (D), Rhode Island (D), Vermont (D), Wisconsin (D)
• Likely Rs: Alabama (R), Arizona (R), Georgia (R), Idaho (R), Kansas (D), Nebraska (R), North Dakota (R), South Carolina (R), Wyoming (R)
• Lean Ds: Minnesota (D)
• Lean Rs: Colorado (D), Iowa (D), Michigan (R)

Altogether, 8 races are in the Lean-Safe Democratic category and 12 races are in the Lean-Safe Republican category. Without factoring in the three toss-up contests, the Republican Party appears likely to pick up at the very least three seats from the Democrats in November.

Republicans Raring to Reclaim Iowa State House

Des Moines, Iowa: As Iowa House Republicans prepare for victory next month, House Democrats brace for a beating. This year, Democrats have set the record for the largest number of districts in which a major party has failed to field a House candidate since 1970.

In 2010, Democrats fielded candidates in only 75 districts. This is down 19 districts from 2008, when Democrats contested 94 of 100 House districts.

On the flip side, Republicans have also set records. This November, the GOP boasts their strongest showing since the 1980 Reagan Revolution, in which Republicans fielded 97 of 100 House candidates.

The following 25 districts lack Democratic oppostition, guaranteeing GOP victories: 3 (Plymouth County), 4 (Sioux), 5 (O'Brien), 6 (Dickinson), 12 (Hancock), 17 (Butler), 32 (Dubuque), 35 (Linn), 36 (Linn), 39 (Benton), 40 (Tama), 50 (Webster), 53 (Cherokee), 55 (Crawford), 56 (Harrison), 57 (Cass), 58 (Adair), 69 (Polk), 70 (Polk), 82 (Scott), 83 (Clinton), 87 (Louisa), 96 (Ringgold), 97 (Page), and 98 (Pottawattamie).

Democrats need to win 66 percent of their contested districts in order to retain their control in the Iowa House of Representatives.

Gov. Christie campaigns in Iowa nearly one year before Iowa caucuses

By Kyle Maichle

WEST DES MOINES, Iowa: Governor of New Jersey Chris Christie campaigned in Iowa for Republican gubernatorial candidate Terry Branstad on October 4, 2010. The visit comes close to one year before the 2012 Iowa caucuses which attracted the national media.

The highly anticipated visit came with some speculation that the first-term Governor from the Garden State maybe running for President of the United States in 2012. During the event, Governor Christie said that he will not launch a run for President in 2012. Christie said: "No chance. No way. No how. Door’s closed...To be president of the United States you have to want it more than anything else in the world, and I don’t."

During the event, Governor Christie spoke to attendees about his success as New Jersey Governor. Also, the Governor pledged his support for Terry Branstad in the November 2, 2010, general election. Christie did not make a financial contribution to the Branstad campaign after being invited by the campaign to come to Iowa. The only thing the New Jersey Governor wanted from Branstad was a victory on Election Day.

Governor Chet Culver's running mate Patty Judge spoke on behalf of the Iowa Democratic Party during a conference call to reporters in response to Governor Christie's visit. Judge attacked Branstad on adopting Governor Christie's position on public employee pension reform and accused the former Governor of Iowa of planning to balance the state budget at the expense of retirees. Neither Governor Christie or the Branstad Campaign issued a response to Patty Judge's remarks.

Governor Christie comes to Wisconsin to campaign for fellow candidates

By Kyle Maichle

PEWAUKEE, Wisconsin: Governor of New Jersey Chris Christie was in Wisconsin to continue his nationwide tour campaigning for Republican gubernatorial candidates.

Governor Christie was the main attraction for a afternoon fundraiser at the Country Springs Hotel in Milwaukee's West suburbs. The luncheon was to raise money for gubernatorial candidate Scott Walker. Walker, the Milwaukee County Executive, is running against Milwaukee Mayor Tom Barrett, a Democrat on the November 2, 2010, general election ballot

After the fundraiser, Governor Christie along with Scott Walker led a rally with campaign supporters and volunteers in Waukesha. Earlier in the morning, the New Jersey Governor was interviewed over the phone by WTMJ AM-620's Charlie Sykes during his morning talk show.

Wisconsin Democratic Party Chairman Mike Tate issued a statement in response to Governor Christie's visit. In the statement, Chairman Tate accused Chris Christie of breaking a 2009 campaign promise to not alter pensions for local firefighters and criticized Walker for adopting Governor Christie's platform on public employee pensions as Milwaukee County Executive. Neither Governor Christie or the Walker Campaign issued a response to Chairman Tate's statement.

Governor Christie's stop in Wisconsin is part of a thirteen state tour that began in California for gubernatorial candidate Meg Whitman. The next stop on Governor Christie's campaign tour is Iowa where he will headline a fundraiser for former Governor of Iowa Terry Branstad during the evening of October 4, 2010. Governor Christie is also making a stop in Illinois on October 5, 2010, to campaign for gubernatorial candidate Bill Brady.

Only 19 state senate challengers topple incumbents in 2010

Bill Ferguson, one of 19 challengers to defeat an incumbent state senator in a 2010 primary

By Leslie Graves

In a year characterized at the national level by fierce primary contests, a Ballotpedia analysis indicates a much lower level of competitiveness in state senate primaries.

In 2010, state senate elections are being held in 43 states, with 1,167 state senate seats at stake. There was no primary challenger in 708 of the 1,167 state senate districts in play in 2010, leaving 459 districts with a primary.

A total of just 19 challengers in 11 states defeated an incumbent state senator, including 12 Democrats and 7 Republicans.

The 19 challengers who toppled an incumbent represent 4.1% of all 459 incumbent-challenger primary contests in 2010, and 1.6% of all state senate seats at stake in the year.

Six of the victorious challengers were from Maryland. Minnesota, New York and West Virginia each had two successful primary challengers, while Alabama, Arizona, Iowa, South Dakota, Washington, Wisconsin and Nevada had one each.

Successful Democratic Party challengers:

Maryland:

• Bill Ferguson, competing for District 46 in the Maryland State Senate, defeated incumbent George Della, who was first elected in 1982.

• Joanne Benson, competing for District 24 in the Maryland State Senate, defeated incumbent Nathaniel Exum, who was first elected in 1998.

• Karen Montgomery, competing for District 14 in the Maryland State Senate, defeated incumbent Rona Kramer, who was first elected in 2002.

• Victor Ramirez, competing for District 47 in the Maryland State Senate, defeated incumbent David Harrington, who has been in the seat since 2008.

• Roger Manno, competing for District 19 in the Maryland State Senate, defeated incumbent Michael Lenett, who was elected to the seat in 2006.

2010 State senate elections
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Parties with candidates
Impact of term limits
Successful challengers
Defeated incumbents
State house elections
State senate elections
State legislative elections

Minnesota:

• Barbara Goodwin, competing for District 50 in the Minnesota State Senate, defeated incumbent Satveer Chaudhary, who was first elected in 2000.

New York:

• Tim Kennedy, competing for District 58 in the New York State Senate, defeated incumbent William Stachowski, who was first elected in 1980.

• J. Gustavo Rivera, competing for District 33 in the New York State Senate, defeated incumbent Pedro Espada, who was first elected in 2008.

South Dakota:

• Angie Buhl, competing for District 15 in the South Dakota State Senate, defeated incumbent one-term senator Kathleen Miles.

Washington:

• Nick Harper, competing for District 38 in the Washington State Senate, defeated incumbent Jean Berkey, who was first elected in 2000.

West Virginia:

• Gregory Tucker, competing for District 11 in the West Virginia State Senate, defeated incumbent Randy White, who was first elected in 1994.

Wisconsin:

• Chris Larson, competing for District 7 in the Wisconsin State Senate, defeated incumbent Jeffrey Plale, who was first elected in 2002.

Successful Republican Party challengers:

Alabama:

• Slade Blackwell, competing for District 15 in the Alabama State Senate, defeated incumbent Steve French, who was elected to the seat in 1998.

Arizona:

• Lori Klein, competing for District 6 in the Arizona State Senate, defeated incumbent David Braswell, who was appointed to the office in 2010.

Iowa:

• Roby Smith, competing for District 41 in the Iowa State Senate, defeated incumbent David Hartsuch, who was elected to the seat in 2006.

Maryland:

• Christopher Shank, competing for District 2 in the Maryland State Senate, defeated incumbent Donald Munson, who was elected to the seat in 1990.

Minnesota:

• Paul Gazelka, competing for District 12 in the Minnesota State Senate, defeated incumbent Paul Koering, who was elected to the seat in 1990.

Nevada:

• Elizabeth Halseth, competing for Clark 9 in the Nevada State Senate, defeated incumbent Dennis Nolan, who was elected to the seat in 2002.

West Virginia:

• David Nohe, competing for District 3 in the West Virginia State Senate, defeated incumbent Frank Deem, who was first elected in 1994.

(Note: The incumbent defeated by Lori Klein in Arizona had only been in office starting in 2010 as an appointee.)

Eight senate incumbents run unopposed in November

Twenty-five of the fifty Iowa State Senators are up for election this year. Out of those 25, eight incumbents face no opposition for the November 2nd general elections.

There are five unopposed Democratic incumbents, Robert Dvorsky, Wally Horn, Robert Hogg, Jack Hatch and Joe Bolkcom, and three unopposed Republican incumbents, David Johnson, Nancy Boettger and Larry Noble.

Governor Christie to stump for GOP gubernatorial candidates

By Kyle Maichle

TRENTON, New Jersey: Governor Chris Christie is set to embark on a nationwide tour to stump for a dozen gubernatorial candidates across the nation.

Governor Christie began his tour on September 22, 2010, in Los Angeles to stump for California GOP Gubernatorial candidate Meg Whitman. Christie's tour includes a key number of states that have critical gubernatorial contests. Those include Wisconsin, Iowa, Ohio, New Mexico, Illinois, and Michigan. The other stops on Christie's nationwide tour are going to take place in late September or early October.

The Governor's campaign tour would be funded by his campaign.

New Judges appointed to Districts 2A and 5A

Des Moines, Iowa: Gov. Culver appointed two new District Court judges: Rustin Davenport to District 2A and Terry Rickers to District 5A.

Davenport is a private practice lawyer in Mason City He received his law degree from the University of Iowa College of Law in 1985. After school, he worked as a law clerk for U.S. District Judge David Hansen until 1988. He then joined the Devries Law firm (now known as Devries, Price & Davenport), where he later became a partner and continues to practice. He will replace the retiring Judge John S. Mackey on the 2A Judicial District.

Rickers practices law with the firm of Matthias, Campbell, Tyler, Nuzum & Rickers. Rickers received his law degree from the University of Nebraska - Lincoln in 1986. After school, he joined the Brierly Law Office, where he worked until 1992. He then joined the firm then-called Matthias, Tyler, Nuzum & Gretta, where he later became a partner and continues to practice. He has also served as a 5th District Judicial Magistrate since 2005. He will replace retiring Judge Peter A. Keller on the 5A Judicial District.

Gamon appointed to 8th Judicial District

Des Moines, Iowa: Gov. Culver appointed Lucy J. Gamon to the 8A Judicial District in Iowa on September 3, 2010. She will replace retired Judge E. Richard Meadows, Jr..

Gamon is currently an Associate District Judge for the 8th District. She has worked in this capacity since 1993. Previously, she practiced with the firms of Davis, Hockenberg, Wine, Brown and Koehn in Des Moines (1983 - 1986), Goldstein and Manello in Boston (1986 - 1988), and Hagemann, Goeke and Egli in Waverly, IA (1989 - 1993).

Regarding the appointment, Gov. Culver said, “Lucy has an outstanding record of service to Iowans as an Associate District Judge in the Eighth District. I want to thank her for continuing her commitment to justice through service on the Bench.”

Iowa students get a taste of democracy with mock ballot measures

DES MOINES, Iowa:

Teenagers rarely get a chance to draft their own ballot measure for their fellow voters to decide on, if ever. That's about to change very soon...in Des Moines, Iowa at least.

A federal grant of $50,000 from the U.S. Election Assistance Commission will allow students in the five city high schools to conduct their own separate mock elections. Students in those schools will be able to vote on this year's races for U.S. Senate, U.S. House and state governor. However, in a twist to those mock elections, students will also be able to craft their own mock ballot measures for the student body to decide on during the October 12-13, 2010 event.

According to Amber Graeber, humanities curriculum coordinator for Des Moines public schools, "It will be great to see all of the different ballot measures that come out and see what students at North care about, vs. the students at East or Roosevelt." Ballot measures are expected to range from the preservation of extracurricular activities to advanced classes. Campaigning will also be another dimension added to the mock elections, as students will be able to advertise the voting in school papers, and websites like Twitter and Facebok.

EXCLUSIVE: Ballotpedia AG Race Tracker - 8 contests up in the air

2010 AG Elections
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By Joseph Kastner

In Ballotpedia's coverage of the 2010 State Attorney General elections, this is our first race-tracking prediction of predicted outcomes.

Thirty attorney general elections are scheduled for November 2, 2010. Of the 30 seats up for election, 20 are currently held by a Democrat and 10 by a Republican.

In three of the seats up for election, the incumbent cannot run again because of term limits. Of the three incumbent but limited-out attorneys general, two are Democrats and one is Republican:

• The Democratic Attorneys General of Arizona (Terry Goddard) and Rhode Island (Patrick Lynch) are term-limited out.
• The Republican Attorney General of Michigan who is limited-out is Mike Cox.

Several incumbent attorneys general have chosen not to run for re-election, in most cases because they are running for a different office. As of mid-April 2010, it is known that seven incumbent attorneys general who could run again (five are Democrats and two are Republicans) are voluntarily choosing not to seek re-election.

• Democratic attorneys general who are voluntarily choosing not to run for re-election are Jerry Brown (California), Richard Blumenthal (Connecticut), Thurbert E. Baker (Georgia), and Drew Edmondson (Oklahoma). Of these five, Goddard, Brown, Baker, and Edmondson have sought each of their respective state's governorships; both Baker and Edmondson failed to receive their party's nomination in the primary while Brown and Goddard have successfully moved on to the general election in November. Blumenthal, on the other hand, is in the hunt for the United States Senate seat held by outgoing Democratic Senator Chris Dodd.
• Republican attorneys general who could run again, but have said they will not, are Bill McCollum (Florida) and Henry McMaster (South Carolina), both of whom had sought each of their respective state's governorships; each of them eventually failed to secure their party's nomination.

At this point in the 2010 election cycle, all signature filing deadlines in each of the respective 30 states with attorney general elections have lapsed. There remain five states who still have yet to hold a primary election; these states include Maryland, Massachusetts, New York, Rhode Island, and Wisconsin.

For each of the 30 State Attorney General races in 2010, I have placed the expected outcome in one of 7 classifications. The 7 classifications are Safe Democrat, Likely Democrat, Leans Democrat, Toss-up, Leans Republican, Likely Republican and Safe Republican. These are the standard 7 classifications typically used by organizations such as Congressional Quarterly when assessing the likely outcomes of races for U.S. Congress and governor.

For the methodology of this racetracking analysis, see State Attorneys General/Election Racetracking

Month	Safe D	Likely D	Lean D	Tossup	Lean R	Likely R	Safe R
August	4	7	3	8	1	5	2

Out of the 30 State Attorney General positions up for election this year, six are guaranteed at this point in time to remain with the political party that currently occupies it. Four Democratic AGs (in Arkansas, Delaware, Maryland, and Massachusetts) and two Republican AGs (in Idaho and Nebraska) are incumbents who face no major party competition this November. The Republican Party of Delaware still has a few days left to select a candidate to run against Beau Biden, but it seems likely this office will remain unchallenged going into November.

Here is a breakdown of which states have been placed in the five other categories:

• Toss ups: Arizona, Colorado, Florida, Georgia, Kansas, Michigan, Ohio, and Oklahoma.
• Likely Ds: Connecticut, Illinois, Nevada, New Mexico, New York, Rhode Island, and Vermont
• Likely Rs: North Dakota, South Carolina, South Dakota, Texas, and Wisconsin
• Lean Ds: California, Iowa, and Minnesota
• Lean Rs: Alabama

Altogether, 14 races are in the Lean-Safe Democratic category, and 8 races are in the Lean-Safe Republican category. If the 8 toss-up races split at 4-4, that will represent a pick-up of 2 attorney general seats for the Republican Party.

New Polk County judge appointed

Polk County, Iowa: Romonda Belcher-Ford has been appointed to a judgeship in Polk County, Iowa (District 5). She was selected by the Polk County district judges out of 20 other applicants and is the first African-American female judge to hold office in Iowa. The 42-year-old former assistant Polk County attorney claimed to be "truly elated" about the new position. She has worked in the County attorney's office for the past 15 years.

Iowa house incumbents dominate ballot

By Gabrielle Thompson

In the Iowa House of Representatives, a state with no term limits, incumbents factor heavily on the ballot in this fall's election, according to a Ballotpedia analysis.

According to the data, states with term limits have a much higher rate of turnover than non-term limited states. Nationwide, 18 percent of seats are considered open -- where there is no incumbent running for re-election. But in states with term limits, that number jumps to 48.51 percent. In states without term limits, only 13.78 percent of seats are open.

In Iowa, there are 100 seats up for election. Incumbents are running for re-election in 86 percent of those seats. Of the 100 seats where an incumbent is running, 36 of them face no primary or general election challenge (11 Democrats and 25 Republicans). Incumbents Wesley Whitead (D), Roger Wendt (D), Mike May (R), Marcella Frevert (D), Dolores Mertz (D), Mark Kuhn (D), Polly Bukta (D), Rod Roberts (R), Christopher Rants (R), Wayne Ford (D), Jodi Tymeson (R), Kent Sorenson (R), Elesha Gayman (D), and Doug Struyk (R) are not seeking re-election in 2010.

With a currently Democratic dominating state house (see below), this fall's race will weigh heavily on the partisan balance across the country.

According to Louis Jacobson, a political analyst with Governing magazine, the Iowa House is a tossup in this fall's election.

Additionally, 21 percent of the incumbents in Iowa will face a challenge in the primary. Across the country, only 21.44% of all incumbents are facing a challenge in the primary. Thirty-seven percent of incumbents in Iowa faced no challenge in the primary or general election. Nationally, 24.86 % of incumbents are not facing any primary or general election challenge.

Partisan incumbents

Across the country, more Democrat incumbents are not running for re-election than Republicans. Additionally, more Democrats are facing primary opposition.

Category	Democrats in Iowa	Republicans in Iowa	Democrats nationwide	Republicans nationwide
Incumbent seats open	8	6	TBD	TBD
Incumbents facing primary	5	2	TBD	TBD
Incumbents running unopposed in primary and general	11	25	TBD	TBD

Iowa senate incumbents dominate ballot

By Gabrielle Thompson

In the Iowa State Senate, a state with no term limits, incumbents factor heavily on the ballot in this fall's election, according to a Ballotpedia analysis.

According to the data, states with term limits have a much higher rate of turnover than non-term limited states. Nationwide, 18 percent of seats are considered open -- where there is no incumbent running for re-election. But in states with term limits, that number jumps to 48.51 percent. In states without term limits, only 13.78 percent of seats are open.

In Iowa, there are 25 seats up for election. Incumbents are running for re-election in 84 percent of those seats. Of the 21 seats where an incumbent is running, 8 of them face no primary or general election challenge (5 Democrats and 3 Republicans). Incumbents Roger Stewart (D), Ron Wieck (R), and Steve Warnstadt (D) are not seeking re-election.

With a currently Democratic dominating state senate (see below), this fall's race will weigh heavily on the partisan balance across the country.

According to Louis Jacobson, a political analyst with Governing magazine, the Iowa Senate is leaning Democratic but is not solid because of the controversies.

Across the country, only 21.44% of all incumbents are facing a challenge in the primary. Thirty-eight percent of incumbents in Iowa faced no challenge in the primary or general election. Nationally, 24.86 % of incumbents are not facing any primary or general election challenge.

Partisan incumbents

Nationally, more Democrat incumbents are not running for re-election than Republicans. Additionally, more Democrats are facing primary opposition.

Category	Democrats in Iowa	Republicans in Iowa	Democrats nationwide	Republicans nationwide
Incumbent seats open	2	1	TBD	TBD
Incumbents facing primary	0	1	TBD	TBD
Incumbents running unopposed in primary and general	5	3	TBD	TBD

Democratic majorities in state senates at greater risk than Republican majorities, analyst says

Chambers of the Wisconsin State Senate. Analyst Louis Jacobson says that the Democratic Party's majority control of the chamber is vulnerable on November 2, 2010

By Geoff Pallay and Leslie Graves

While much of the country has been focusing on whether Congress will change hands, the importance of the state level elections is beginning to draw attention.

Across the country, there are 1,971 senate seats in the 50 states. Forty-three states are holding state senate elections this fall -- with a grand total of 1,167 seats up for grabs. Translation: 59 percent of all state senate seats are up for election.

According to Louis Jacobson, a staff writer for PolitiFact, partisan dominance will be at stake in 12 of the 43 states.

When looking at states with elections this fall, the percentage of seats up for election jumps even higher. Nearly 70 percent of all seats in senates with elections this fall are up for election.

Meanwhile, the National Conference of State Legislatures (NCSL) reports that whichever party resides in the White House typically performs poorly during midterm elections for state level offices. In fact, only twice in the last 110 years -- 1934 and 2002 -- has the party that controlled the White House outperformed its opposition in state elections.

Iowa Secretary of State incumbent faces competition in 2010 election

DES MOINES, Iowa: The Iowa Secretary of State's office will be decided on by voters in the state on November 2, 2010. The office, currently held by Michael Mauro, a Democrat, has many other nominees besides the incumbent. According to Ballotpedia's Iowa Secretary of State's election's page, the incumbent faces three other opponents in the election. One opponent is Matt Schultz, who is a Bluffs City Councilman. The next is George Eichhorn, a former State Representative. Finally, the other opponent is Chris Sanger, a small business owner. All three opponents are Republicans.

Incumbent Mauro first won election as the state's secretary of state in 2006. He ran unopposed in the Democratic primary. In the general election contest, Mauro faced Republican challenger Mary Ann Hanusa, winning by 541,234 (53.7%) votes to 467,561 (46.3%) votes.

Judge Mackey retires from District Court

Mason City, Iowa: Judge John S. Mackey, of the 2nd District Court, retired from the court on July 1, 2010. The 52-year-old judge has judged on this court since 1990. Previously, he worked as a private practice lawyer and a judicial magistrate. "I am looking forward to retirement as you might imagine. I think I am ready," he said. The Governor will appoint his successor.

Iowa legislators end session without passing initiative legislation

By Kyle Maichle

DES MOINES, Iowa: Members of the Iowa General Assembly ended its session on March 30th without passing a single piece of initiative legislation.

Legislators considered four amendments to the Iowa Constitution aimed at allowing direct democracy in The Hawkeye State. The most notable legislation considered was Senate Joint Resolution 2005. The resolution would have allowed Iowans to initiate constitutional amendments and state statutes. The joint resolution died in committee without seeing a floor vote in the General Assembly.

Also, a proposal allowing recall was considered in Iowa. House File 205 would allow Iowans to recall elected officials upon gathering signatures of 20 percent of the total votes casted in last election for local political subdivisions. The proposal died in legislative committee without seeing an up or down floor by the whole General Assembly. House Joint Resolution 5 was another recall proposal considered, but aimed at statewide constitutional officers including the Governor of Iowa. The proposal to recall statewide officers also failed to advance out of committee.

The other proposal considered by the General Assembly was House Joint Resolution 2016. The resolution was the House version of Senate Joint Resolution 2005, calling for Iowans to have initiative rights for constitutional amendments and state statutes. The resolution failed to advance out of committee.

Iowa voters to decide on constitutional convention question

DES MOINES, Iowa: In Maryland, voters will have a chance this fall to decide on whether or not to hold a constitutional convention. In Iowa, voters in that state will do the same. The Iowa Constitutional Convention Question will appear on the November 2, 2010 ballot in the state of Iowa as an automatic ballot referral. The question appears on the Iowa ballot automatically every 10 years as per the state constitution. The last constitutional convention question was defeated by a simple majority of Iowa voters.

Controversy surrounding the same-sex marriage issue has put the constitutional convention question under the limelight. In 2009, the Iowa Supreme Court ruled that same-sex marriage should be legalized in the state. This has caused many opponents of the issue in Iowa to campaign for the constitutional convention, which they think could be a way to reverse the ruling.

Past decade shows little ballot measure activity in Iowa

DES MOINES, Iowa: In the past ten years in the state of Iowa, ballot measures have been few and far between. According to Ballotpedia's database of Iowa ballot measures, there have been only two ballot measures that have appeared on the statewide ballot in the last decade, not including the 2010 ballot. In 2008, Iowa voters approved a measure that changed the language used to describe people who cannot legally vote. In 2000, voters rejected the authorization of a constitutional convention.

This year, Iowa voters will be asked again about whether or not to have a constitutional convention, as the measure appears every ten years in the state. Another question slated to appear on the November 2, 2010 general election ballot is a measure that would allow 3/8ths of one cent to be used in support of the Natural Resources and Outdoor Recreation Trust Fund next time the Iowa Legislature approves a sales tax increase.

New assistant county attorney named in Floyd County, Iowa

Iowa: On Tuesday, May 25, Floyd County supervisors named Todd Prichard as the new assistant county attorney. Prichard takes the place of his new boss, Normand Klemesrud, who was appointed to the position of county attorney on April 5.

Iowa session adjourns without marriage or personhood amendments on ballot

DES MOINES, Iowa: The Iowa legislative session has ended, leaving two social-issue measures off the 2010 ballot for voters to decide. The session concluded without the marriage amendment and the personhood amendment being sent to public vote.

The marriage amendment would have asked Iowa voters whether or not to define marriage as only between a man and a woman in the state. Representative Kraig Paulsen introduced the proposed constitutional amendment, but the measure failed in a House vote by a count of 45-54 during the week of February 9, 2010.

The personhood amendment would have mandated that the state recognize human eggs as a person, and therefore would result in the cease of abortions in Iowa. The measure was introduced by Representative Dwayne Alons

Iowa Court of Appeals judge appointed

Iowa: Governor Chet Culver has made his fifth appointment to the Iowa Court of Appeals. On April 28, 2010, he named Mary Tabor to the court.

In a statement Culver said: "There is no better choice to serve on the Iowa Court of Appeals than Mary Tabor. Her years of service in the practice of law and in state government demonstrate her deep respect for the people of this state. I am particularly impressed with her compassion and commitment to seeing the laws of our state enforced fairly and without prejudice. I have the utmost confidence that she will be a strong and valued member of the bench. I want to thank her for agreeing to serve her fellow Iowans in this new capacity, and simply say congratulations on being the newest member of the Iowa Court of Appeals."

Tabor was one of 21 applicants for the seat vacated by Robert Mahan.

Iowa trial court judge declares mistrial in murder case

Iowa: Judge Robert J. Blink of the Polk County Court declared the murder trial of Jarmaine Allen a mistrial based on the comments of a prospective juror. The juror had made comments, heard by the entire juror pool, which referenced a past court hearing involving Allen and, therefore, the judge decided, presented a threat to Allen's right to a fair trial. The comment the juror had made had pertained to a previous court ruling that had reversed Allen's murder conviction. This will be Allen's fourth first degree murder trial related to a gang shooting in 1995.

U.S. Bankruptcy Judge appointed to Northern District of Iowa

Iowa: Thad J. Collins has been appointed by the U.S. Court of Appeals to be judge on the Northern District of Iowa Bankruptcy Court. He was appointed by the by the court of appeals to fill the position being left vacant by the retirement of Judge Paul J. Kilburg. Collins will then be the only active service judge for the Northern District of Iowa Bankruptcy Court.

Iowa trust fund question breaks down potential $150 million in revenue

DES MOINES, Iowa: A natural resources and outdoor recreation trust fund amendment will appear on the November 2, 2010 ballot in the state of Iowa. According to reports, if the measure is approved by voters, the next time the Iowa Legislature approves a sales tax increase, the measure would allow 3/8ths of one cent to be used in support of the Natural Resources and Outdoor Recreation Trust Fund. This would establish permanent revenue for natural resources and outdoor recreational programs in the state.

It has been reported that this would generate about $150 million a year. If the measure is enacted, the potential $150 million would be spent as follows on outdoor recreation and natural resources:

• Natural resources: 23 percent would be allocated to state parks, state forests, state preserves, wildlife areas and other.

• Soil conservation and water protection: 20 percent would be used for soil conservation and watershed protection

• Watershed protection: 14 percent would be used to help preserve watersheds

• Resource Enhancement and Protection Program: 13 percent of the revenue would be used for natural, cultural, and recreational resources parks, trails, museums, and roadside beautification.

• Local conservation partnership: 13 percent would be handed out to local communities for areas pertaining to outdoor and recreation

• Trails: 10 percent would go to outdoor trails for recreational use.

• Lake restoration: 7 percent would go to public lake restoration around the state.

More details on the proposal, click here

Iowa high court rules on challenges of juvenile life sentences

Iowa: The Iowa Supreme Court has issued a ruling that overturns the decisions of both the Iowa Court of Appeals and the Black Hawk County District Court on the case of the appeals of Ruthann Veal. Veal has appealed her sentence, life without parole, for her conviction of first-degree murder on the grounds that it was cruel and unusual punishment under both the state and federal constitutions. Veal was convicted in 1993 when she was only 14 years old, but her appeals were denied by the district and appeals courts saying that appeals to criminal convictions must be made within three years of the conviction. The state supreme court, however, had ruled that challenges to an illegal sentence are not subject to time limits for normal conviction appeals, and has sent the case back to the Black Hawk District Court.

Gay marriage amendment will not appear in Iowa

DES MOINES, Iowa: Representative Kraig Paulsen introduced a proposed constitutional amendment dealing with gay marriage to the Iowa Legislature, but the measure failed in a House vote by a count of 45-54 during the week of February 9, 2010. Therefore the amendment did not appear on the November 2, 2010 ballot. The measure, if enacted would have defined marriage as only between a man and a woman in the state.

According to reports, the failure of the bill means that the earliest the issue could be placed before voters would be the 2014 ballot. However, a poll taken in early February showed that 62 percent of state residents believe the same-sex marriage debate shouldn't be on the minds of the state legislature and that more significant issues need to be on the agenda.

Iowa high court stops man from collecting casino winnings

Iowa: On Friday, February 12, the Iowa Supreme Court ruled that a man previously banned from a casino cannot collect winnings. Troy Blackford was banned from Prairie Meadows casino in 1996 but won over $9,000 in May of 2006, due to the size of the winnings the casino had to issue a W-2 form immediately, at which point they learned that he had been banned. The Supreme Court ruled in favor of the casino saying that the casino, "had the authority to withhold winnings from a person who had been involuntary excluded."

Iowa court refuses review of stip club case

Iowa: On Wednesday, February 9, the Iowa Court of Appeals dismissed a review, requested by the state, of a case involving a 17 year old preforming at a strip club. Law in Iowa forbids minors from preforming acts meant to arouse patrons unless preformed at theaters or other art venues, and the state failed, in 2008, to prove that the club was not such a place to the court. The case was refused review due to double jeopardy rules that forbid the defendant from being tried twice for the same offense based on the same facts.

Governor hopeful would veto bills to get marriage question on Iowa ballot

Des Moines, Iowa: Christopher Rants wants to be governor of the state of Iowa, and is taking a firm stance on a hot topic while doing so. According to the Iowa House of Representatives member, Rants would veto any bill sent to him by the Iowa Legislature until a measure was passed to the ballot relating to same sex marriage. Rants wants the people of Iowa the decision to amend the constitution to define marriage.

According to Rants: "I would not let the legislature adjourn until they had a straight up or down vote on that issue...I would even veto bills to hold the Legislature in session until such a vote took place."

House Speaker Pat Murphy countered by saying, "This is why Republicans should not be in charge. They're caught on an issue that most people don't care about." Murphy stated that residents of the state care more about jobs and the economy.

Hotel clerk wins case agianst employers

Des Moines, Iowa: A hotel clerk in Iowa has been told that she can now sue the hotel that fired her in a case where she claimed she had been fired for not conforming to sexual stereotypes and for questioning recent policy changes. The 8th U.S. Circuit Court of Appeals handed out a ruling on Thursday, January 21, that overturned a dismissal of the case by a lower court meaning that she now can pursue the case.

New chief judge named for Iowa judicial district

Iowa: The Iowa Supreme Court has appointed Jeffrey L. Larson as the new chief judge of the state's 4th Judicial District. Larson succeeds Judge Charles L. Smith, III who retired earlier in the month of January.

Debate over human versus machine recorder

Sioux City, Iowa: In an effort to save money in the state's judicial system the Iowa Judicial Council created a committee whose purpose it was to determine whether or not digital audio recording technology, or DART, would be financially beneficial as a replacement for human court reporters. The committee concluded, in a report released Tuesday, January 12, that it was "not feasible" to replace human reporters with DART systems.

The Iowa Judicial Council received the report on December 30, and is still reviewing it.

Campaign against gay marriage ban launched

Des Moines, Iowa: On January 10 a campaign was launched by same-sex marriage advocates against a proposed amendment banning gay marriage in the state of Iowa. In April, 2009 the Iowa Supreme Court ruled that a ban on gay marriage was unconstitutional, but in the week of January 10, the state legislature will open its 2010 session as groups across Iowa push for a constitutional convention that would essentially circumvent the Supreme Court ruling.

Groups from both sides of the debate gathered at the capitol on the 10th for the governor's Condition of the State speech.

Efforts to repeal same-sex marriage continues to grow in Iowa and New Hampshire

Iowa, New Hampshire: Motivated by the 2009 Maine ballot measure that repealed a same-sex marriage law, New Hampshire and Iowa residents are moving forward with efforts to repeal same-sex marriage laws.

This week New Hampshire opponents of same-sex marriage delivered petitions to more than 200 town halls in the state. The petitions ask voters if they want state lawmakers to place a constitutional amendment on same-sex marriage on a future general election ballot. Legislation has been filed to repeal the newly enacted state law in New Hampshire but it is unexpected any proposed amendments will make the November 2010 ballot. In order to place a constitutional amendment on the ballot three-fifths of the Senate and the House are needed. In order to approve the proposed measure two-thirds of voters must approve the legislatively referred constitutional amendment.

But New Hampshire isn't the only state attempting to repeal a same-sex marriage law; in Iowa, opponents of the law have filed a bill (HJR 6) in the legislature that proposes amending the state constitution to recognize only the marriage between "one man and one woman."

Footnotes

Iowa courts

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Federal courts:

Eighth Circuit Court of Appeals • U.S. District Court: Northern District of Iowa, Southern District of Iowa • U.S. Bankruptcy Court: Northern District of Iowa, Southern District of Iowa

State courts:

Iowa Supreme Court • Iowa Court of Appeals • Iowa district courts

State resources:

Courts in Iowa • Iowa judicial elections • Judicial selection in Iowa