Don Henley wins copyright case against Chuck DeVore

Mr. desmoinesdem alerted me to a recent court ruling in Don Henley’s copyright suit against Chuck DeVore for two web videos DeVore made during his U.S. Senate campaign in California.

Ben Sheffner has been covering the lawsuit at the Copyrights and Campaigns blog.

Henley sued over web videos that set new lyrics to two of his songs. DeVore changed “The Boys of Summer” to “The Hope of November” in a video that mocked Barack Obama, and he changed “All She Wants to Do Is Dance” to “All She Wants to Do Is Tax” in a video that mocked Senator Barbara Boxer.

DeVore claimed fair use on the grounds that the songs he put in his videos were parodies. The problem for DeVore was that legally, “a parody comments on the work itself; a satire uses the work to comment on something else.” DeVore wasn’t rewriting lyrics like Weird Al Yankovic used to do to make fun of musicians. He was scoring points against Obama and Boxer. If you haven’t paid for the rights to use a song, you have to meet a higher legal standard for satire than for parody.

You can download Judge James Selna’s ruling here. Excerpt:

Even assuming that “parody-of-the-author” is a legitimate transformative purpose, the Defendants’ songs do not satisfy the fair use analysis, as discussed below. “Tax” does not target Henley at all, and “November,” which only implicitly targets Henley, appropriates too much from “Summer” in relation to its slight jab at Henley and risks market substitution for “Summer” or its derivatives.

DeVore had claimed he was mocking Henley as part of the liberal Hollywood elite, but Henley argued in one legal brief that he has given money to some Republican candidates, including John McCain. (Who knew?)

Selna agreed with the plaintiffs’ claim that by using the Henley songs in their videos, DeVore’s campaign supplanted the market for derivatives of the Henley songs, because “licensees and advertisers do not like to use songs that are already associated with a particular product or cause. […] This injury is the very essence of market substitution.”

While Selna granted the plaintiffs summary judgment on the issue of copyright infringement, he did not issue a finding on whether the infringement was willful. (If so, Henley would have a stronger claim for monetary damages.) Sheffner comments, “I assume there will be a jury trial on the issue of willfulness and damages, unless the parties are able to reach a resolution.”

Selna rejected the plaintiffs’ claim that DeVore violated the Lanham Act by giving people the wrong impression that Henley had endorsed DeVore’s Senate campaign. Sheffner explained in this post why he thought Henley would (and should) lose that portion of the lawsuit.

Other candidates and campaign staffers should review this case before they decide to use copyrighted songs in web ads.

Humiliation for the NRCC in Iowa

Washington Republicans have been talking up their chances of retaking the House of Representatives for months, and the National Republican Congressional Committee claims many recruiting successes in competitive House districts. However, before this week Republican primary voters had already rejected NRCC favorites in ID-01, KY-03, PA-04 and AL-05.

After last night we can add IA-02 and IA-03 to the list of districts where the NRCC sure doesn’t know how to pick ’em.

In Iowa’s third district, the NRCC tipped its hat to Jim Gibbons, naming him an “on the radar” candidate in February and bumping him up to “contender” status in April. Although Brad Zaun had won elections for mayor in Republican vote-rich Urbandale and Iowa Senate district 32, some Iowa GOP power-brokers tried to dissuade Zaun from running and got many big donors to come on board with Gibbons. The idea was that Gibbons, a former champion wrestler and wrestling coach for Iowa State University, had the name recognition, determination and drive to beat seven term incumbent Leonard Boswell. (Privately some Iowa politics-watchers suggested to me that major GOP donors may have seen Gibbons as more “malleable” if he got elected.)

We never did see a public poll in the IA-03 primary, but an internal poll released by Zaun’s campaign in February showed that Gibbons’ name recognition was not as high as Zaun’s among Republicans in the district. For the first three months of this year, while Zaun was tied up with the Iowa legislature’s 2010 session, Gibbons didn’t capitalize on the opportunity to campaign aggressively around the district. He focused on fundraising, such as a highly-touted event featuring former House Speaker Dennis Hastert. Gibbons’ 4Q and 1Q Federal Election Commission filings showed him miles ahead of Zaun; being part of the NRCC’s “young guns” program must have helped him with out-of-state donors and PACs.

Gibbons went up on tv about a month before the primary. His commercials (view here and here) were more polished than Zaun’s, and his ad buys were much larger.

But when the votes were counted last night, Zaun won 42 percent of the vote in the seven-way primary, while Gibbons managed just 28 percent. Tea Party favorite Dave Funk didn’t raise enough money for a significant paid media campaign, but he finished not far behind Gibbons with 22 percent. Gibbons did carry several of the smaller counties in IA-03, but Zaun dominated Polk County, containing Des Moines and most of its suburbs. Zaun’s ground game defeated Gibbons’ superior “air power.”

In the second district, the NRCC put political newcomer Rob Gettemy “on the radar” in April, about six weeks after he declared his candidacy. Gettemy had the backing of various prominent Cedar Rapids area Republicans. Republican National Committeeman Steve Scheffler, who heads the Iowa Christian Alliance, is also said to be close to Gettemy, though Scheffler made no formal endorsement in Iowa’s Republican primaries.

Gettemy got in the race late and faced three Republican rivals with substantial campaign experience. Mariannette Miller-Meeks won a tough three-way primary in 2008 to become the IA-02 nominee against Representative Dave Loebsack. Christopher Reed won the U.S. Senate 2008 primary to face Tom Harkin, and Steve Rathje was also a candidate in that Senate primary.

Gettemy had the most cash on hand going into the final two months of the IA-02 race, largely because of a $100,000 loan from the candidate. He went up on tv in early May, as did Rathje. The Gettemy commercials weren’t bad (view them and transcrips here), but they presented a fairly generic Republican message. Miller-Meeks decided not to run any television commercials during the primary campaign, focusing on direct mail and face-to-face contact with voters.

Gettemy’s internal polling must have shown him trailing Miller-Meeks, because his campaign paid for push-polls criticizing her. Over the final weekend of the campaign Gettemy attacked Miller-Meeks for accepting a donation from the American Medical Association PAC. He claimed that donation cast doubt on her opposition to health care reform, even though the opthalmologist Miller-Meeks has criticized “ObamaCare” since last summer and made her stance clear during the campaign.

When the votes were counted, Miller-Meeks won the four-way primary in dominating fashion with 51 percent of the vote. She led in all of IA-02’s 11 counties. Gettemy finished dead last with 13 percent of the vote. Even in his home county (Linn), he came in third. Gettemy won fewer votes across the district than Reed, who raised very little money and is best known for for calling Senator Harkin “the Tokyo Rose of Al-Qaeda and Middle East terrorism” during the 2008 campaign. All of Gettemy’s tv ads and connections to Cedar Rapids movers and shakers delivered fewer votes than Reed managed with his band of way-out-there wingnut endorsers.

The results in IA-02 and IA-03 raise more questions about the NRCC’s ability to identify candidates with strong potential. The “young gun,” “contender” and “on the radar” lists are important signals to NRCC donors about where their money could be most helpful. People who wrote checks to Gibbons or Gettemy without knowing anything about the local landscape may be upset to have wasted money on candidates who lost their primaries so decisively. Many Iowa observers expected the IA-02 or IA-03 nominations to be settled at district conventions, but Gibbons and Gettemy couldn’t even hold their main rivals below the 35 percent threshold.

Iowa Republicans who recruited Gibbons and Gettemy and talked them up to GOP leaders in Washington also may have lost some credibility with party bigwigs in Washington.

The NRCC is certain not to spend serious money on IA-02, which has a partisan index of D+7. I don’t expect them to make a big play for IA-3 (D+1) either, for reasons I discussed here. There are too many other promising Republican pickup opportunities around the country, and even a Zaun victory in November is unlikely to yield a long-term gain for House Republicans. Because Iowa will lose a Congressional district after the 2010 census, the IA-03 winner will probably be thrown into the same district as Tom Latham (R, IA-04) in 2012.  

Palin’s Iowa endorsement could hurt her in 2012

If Sarah Palin runs for president in 2012, she will regret endorsing Terry Branstad Thursday in the Republican primary for governor.

First thoughts on how this will play out are after the jump.

Before the scenario-spinning begins, here’s a question for SSPers: could an endorsement be any less substantial than what Palin wrote on her Facebook page?

   Iowa, your great state’s motto is “Our liberties we prize and our rights we will maintain.” That motto will be well served by voting for Terry Branstad for governor next Tuesday!

   Please join me in supporting Governor Branstad’s campaign. Visit his website here, and follow him on Facebook and Twitter.

That’s not an excerpt, that’s the entire Facebook post. I doubt Palin is prepared to answer specific questions about why Republicans wanting to safeguard their liberties and rights should vote for Branstad instead of Bob Vander Plaats or Rod Roberts. Does she even know the policy differences between the candidates, or the reasons many Iowa conservatives are uncomfortable with Branstad?

Endorsements are rarely “game-changers” under any circumstances, but at least James Dobson explained why he’s backing Vander Plaats, and his reasons reinforce the Vander Plaats campaign narrative. Chuck Norris will draw crowds and free media coverage for Vander Plaats this weekend in Cedar Rapids, Davenport, Council Bluffs, northwest Iowa and West Des Moines. If Palin had planned ahead, she could have done something similar for Branstad, but instead she threw up an empty Facebook post.

It seems likely that Palin expects Branstad to be the next governor and wants to be on his good side when she campaigns here in 2011 and 2012. At least, that’s how many politically engaged Iowans interpreted the move.

Vander Plaats campaign manager Eric Woolson told the Des Moines Register,

“I think that she’s seriously damaged her 2012 presidential prospects,” […] “This says to me she’s either not running for president or she doesn’t understand Iowa very well because she has just alienated herself from her natural base. If you look at her Facebook page, all of the comments are saying ‘Terry Branstad? Really?'”

Woolson has an interest in downplaying the endorsement, of course, but in this case I agree with him. Palin has discredited herself with her natural allies in Iowa. Conservative Shane Vander Hart, whose site Caffeinated Thoughts is part of the “Blogs 4 Palin” network, had this to say last night:

I get the emails from SarahPAC so I usually hear about this in a rather timely fashion. I was traveling today and just read the endorsement in my inbox.

I emailed SarahPAC for an explanation since the endorsement announcement was rather thin. I have to admit I’m surprised and rather disappointed since Branstad doesn’t meet up with her standards of being a “commonsense conservative.” I can understand a general election endorsement, but didn’t think she’d endorse during the primary since she hadn’t yet.

I’m thinking this isn’t an enthusiastic endorsement since it was brief, doesn’t give any explanation, and is rather last minute.

Vander Hart is backing Rod Roberts for governor, by the way.

Let’s look at how various outcomes in the governor’s race would affect Palin.

If Branstad wins the primary easily, Palin will not get credit, because she didn’t do much for him.

If Branstad wins the primary narrowly, many social conservatives will be angry that she helped him even in a small way.

If Vander Plaats surprises us all and wins the primary, everyone will know that Palin’s endorsement carries no weight with social conservatives. Even Branstad supporter Craig Robinson admits, “if Vander Plaats pulls off an upset next Tuesday, a potential caucus campaign would become exponentially more difficult [for Palin].”

No matter what happens in the primary, Republicans who voted for Vander Plaats or Roberts will remember that Palin did the politically expedient thing instead of standing up for the principles she outlined in her own book.

If Branstad wins the primary and loses to Governor Chet Culver, GOP activists will see the outcome as proof that Republicans should have nominated a “real conservative.”

If Branstad defeats Culver, I don’t see Palin getting a lot of credit from Branstad’s inner circle or the business wing of the Iowa GOP. Most of those people supported Mitt Romney in 2008 and would lean toward him again if he makes a play for Iowa in 2012. Romney endorsed Branstad weeks ago and kicked in $10,000 from his PAC.

More important, if Branstad is elected in November he will probably govern with a Democratic-controlled legislature. He is unlikely to deliver on many of his campaign promises and he probably won’t strike as confrontational a tone with Democrats as the GOP base would like. By late 2011 and early 2012, when Republican activists are deciding whom to caucus for, I doubt they will view Branstad as a conservative hero.

Remember also that caucus turnout in 2012 will almost certainly be lower than the turnout for next Tuesday’s primary. In 2002, about 199,000 Iowans voted in the three-way GOP primary for governor. Only about 116,000 Iowans took part in the 2008 Republican caucuses.

It’s possible that even if Branstad wins the gubernatorial primary with 50 to 60 percent of the vote, supporters of Vander Plaats or Roberts could comprise a majority in the universe of 2012 Republican caucus-goers. Vander Plaats has been winning straw polls across Iowa this spring, which reflects his strong support among dedicated party activists. Palin would have been in a better position to appeal to them if she had stayed out of our governor’s race.

The Cedar Rapids Gazette’s Todd Dorman read the Bleeding Heartland version of this post and responded:

I get all the arguments, that Palin’s pick looks bad if Vander Plaats wins and that Branstad’s camp, which is full of Romneyites, won’t give her much credit if TB wins etc. Seems logical.

But I don’t think picking a winner can be bad, especially when her candidate-picking track record lately has been spotty. And even if Vander Plaats wins, I don’t buy the notion that it will hurt her all that much if she runs for prez.

I’ve talked to people who love Palin and want her to run in 2012. They don’t care that she resigned halfway through her term, or that she doesn’t appear to grasp important issues or that her life is a soap opera filmed on a crazy train.

So I don’t think they’ll care if she picked the wrong horse in the primary.

If Palin had crafted an image as someone who picks winners, I would agree with Dorman. But she has spent the last year crafting an image as someone who stands on principle and is not afraid to go “rogue” against the power-brokers and conventional wisdom. She just undermined her own brand.

Maybe Palin isn’t planning to run for president and merely wanted to pick the likely winner in Iowa’s primary. Rand Paul, whom she endorsed, won the Kentucky U.S. Senate primary last month, but Palin’s preferred candidate just lost the primary in Idaho’s first Congressional district, and her pick in the Washington U.S. Senate race is probably going to lose too. Palin’s choice in the South Carolina governor’s race, Nikki Haley, is in a tough fight. If she loses next Tuesday but Branstad prevails here, Palin will at least be associated with one winner.

Speculate away in the comments.

IA-Gov: PPP polls GOP primary

A week before Iowa’s primary election, Public Policy Polling released a poll showing former Governor Terry Branstad leading Bob Vander Plaats 46 percent to 31 percent, with State Representative Rod Roberts well behind at 13 percent. The firm surveyed 474 “likely GOP primary voters” between May 25 and 27, and the margin of error is plus or minus 4.5 percent.  

The polling memo by Tom Jensen notes, “Branstad gets 42-68% of the vote across the ideological spectrum, but does worst against the 74% conservative majority, edging Tea Party favorite Vander Plaats by just 41-35.”

This poll supports what I’ve been thinking for months about Roberts. He is the best surrogate Branstad could have in this primary, diluting the votes of the social conservative base that doesn’t trust the former governor. If one candidate consolidated the “not Branstad” vote, the topline result would be nearly a dead heat.

If PPP’s survey is accurate, Branstad will win next Tuesday’s primary, but with the advantages he took into this race he should be getting 60 to 70 percent of the Republican vote. He’s done the job before, he will have spent more than $2 million before the primary (more than his opponents combined), and he has been advertising statewide on television and radio since the beginning of April. Roberts and Vander Plaats could manage only limited ad buys, and Vander Plaats just went up on television the day before PPP’s poll was in the field.

Iowa Independent highlighted a notable passage from PPP’s polling memo:

   Among voters that actually know who Vander Plaats is – whether they see him favorably or unfavorably – he leads Branstad 42-37. The question is if there’s enough time left for Vander Plaats to completely make up the huge gap in name recognition he began the campaign with. Seventy-nine percent of voters have an opinion of Branstad, with it breaking down positively by a 59/20 margin. Meanwhile only 66 percent have an opinion of Vander Plaats with 47 percent seeing him favorably to 19 percent unfavorably.

   There are very clear age divisions in the race. It’s tied among voters under 45, who may not even remember Branstad’s time as Governor. But he’s up 55-20 with senior citizens, who are certainly likely to remember his tenure, and that’s fueling most of his overall victory.

Vander Plaats was never going to be able to match Branstad’s spending dollar for dollar with the huge support for Branstad among Iowa’s business Republican elite. But if Vander Plaats had saved more of what he raised in 2009, he might have been able to raise his name recognition much more this spring.

As for the differences between younger and older respondents, I would think almost any Iowan over 30 remembers Branstad as governor. I suspect that this discrepancy tells us there are a lot more moderate Republicans over age 45 than under age 45. Branstad leads Vander Plaats among moderates by a huge margin in the poll. The Republican Party has grown much more conservative in the last decade or two, so younger moderates might naturally identify more with Democrats or no-party voters.

Incredibly, this is the first public poll of the Republican primary since last July, when The Iowa Republican blog commissioned a survey by Voter/Consumer research. That poll found Vander Plaats way ahead of the rest of the declared Republican candidates, with only Branstad hypothetically able to make the primary competitive.

Branstad created an exploratory committee to run for governor last October. Since then, Selzer has done two Iowa polls for the Des Moines Register, Research 2000 has done three polls for KCCI-TV, The Iowa Republican commissioned another poll in January, not to mention several Iowa polls by Rasmussen. All of those surveys tested Governor Chet Culver against his Republican challengers but not the Republican primary. The lack of polling on Branstad against Vander Plaats and Roberts is a continuing mystery to me, given how many polls have been conducted on Democratic or Republican primaries in other states. You would think that at the very least The Iowa Republican blog would want to poll the GOP primary. The fact that they haven’t suggests that last summer’s primary poll may have been intended primarily to help the people recruiting Branstad to run for governor again. Rasmussen is the most prolific pollster in the country, and has polled Republican primaries in many other states. Maybe Rasmussen really is just interested in setting a narrative rather than polling the most newsworthy races.

Share any relevant thoughts in this thread.

P.S. PPP also polled the Iowa Democratic primary for U.S. Senate and found Roxanne Conlin way ahead with 48 percent, compared to 13 percent for Bob Krause and 8 percent for Tom Fiegen. I posted a big linkfest on the Democratic U.S. Senate primary at Bleeding Heartland.

UPDATE: PPP director Tom Jensen told me today that no one commissioned the Iowa poll PPP conducted last week. He was responding to speculation on an Iowa republican blog that a Democratic 527 group may have commissioned the PPP poll to see if their direct-mail and tv commercial attacks on Branstad are working.  

IA-Sen: Grassley goes up on tv

Senator Chuck Grassley’s re-election campaign unveiled its first television commercial of the year yesterday:

Rough transcript by me:

Unidentified woman: “Tightwad.”

Unidentified woman: “Penny-pincher.”

Unidentified man: “He’s frugal.”

Unidentified man: “Blunt.”

Unidentified man: “Straight-talking.”

Unidentified woman: “One of us.”

Female voice-over: Chuck Grassley visits every county every year to stay in touch. He’s a farmer and a senator. He’ll do what needs to be done. He’s just like Iowa. Chuck Grassley works … and he never forgets he works for us.

Grassley: I’m Chuck Grassley for Iowa, and I approved this message.

Once Roxanne Conlin went up on television, I figured it wouldn’t be long before Grassley’s campaign responded. He has more than $5 million in the bank and can probably afford to run television commercials from now until November.

Although this commercial doesn’t mention Grassley’s likely Democratic opponent in the general election, I infer from the language in this ad that he’ll run against Conlin as a rich, free-spending lawyer who’s not “one of us.”

This doesn’t seem like a strong commercial to me, but it shows Grassley recognizes he can’t afford to be seen as the candidate representing special interests. The female voice-over suggests to me that Grassley knows he needs to shore up support among women. The most recent Rasmussen poll showed Conlin trailing narrowly among women, and the most recent Research 2000 poll for KCCI showed Conlin slightly ahead of Grassley among women.

Grassley will be hard-pressed to defend his “penny-pincher” reputation when he has voted for every blank check for war and the Wall Street bailout. He also voted for every Bush tax cut for the wealthy, which massively increased our national debt and budget deficits. In the current fiscal year, “a staggering 52.5 percent of the benefits [from the Bush tax cuts] will go to the richest 5 percent of taxpayers. Meanwhile, Grassley voted against many policies that benefit hard-working Iowans, like the Lilly Ledbetter Fair Pay Act.

Swing State Project readers, please share your thoughts on this commercial and the campaign.

IA-Sen: Conlin (D) launches first tv ad

Roxanne Conlin, Democratic candidate for U.S. Senate, begins television advertising across Iowa this week. I’m not able to embed the commercial, but click here to watch. The Conlin campaign released this transcript:

“I’m Roxanne Conlin. Taking on the special interests has been the cause of my life. Like taking on the big banks to help family farms at risk of foreclosure. I took on corrupt politicians and corporations who violated the public trust. I’m running for U.S. Senate to take this fight to Washington. Fight for relief on Main Street, not more bailouts for Wall Street. Because the special interests have had their turn. Now, it’s our turn. I’m Roxanne Conlin and I approved this message.”

I noticed a small omission from that transcript: in the commercial, Conlin says, “As a prosecutor I took on corrupt politicians…” That’s important, because many Iowans may not remember that she served as U.S. attorney for Iowa’s southern district from 1977 to 1981.

This ad is a shorter version of the introductory video Conlin’s campaign released last fall, which I discussed here. It’s a fairly basic message for Iowans who haven’t heard of Conlin, and it makes sense for her to raise her profile just before the June 8 primary. Though this ad doesn’t mention five-term Republican incumbent Chuck Grassley, it starts building the case Conlin will make later in the campaign: Grassley has stood up for special interests throughout his career. I believe Grassley voted for the financial reform bill last week in order to undercut the narrative Conlin will build against him. You don’t normally see Grassley voting with most Democrats and a handful of New England Republicans.

Iowa’s primary election takes place on June 8. Two other Democrats are challenging Grassley: Bob Krause and Tom Fiegen. Most people expect Conlin to win the primary easily. She began the race with more name recognition and has campaigned in all 99 counties since the start of the year. Conlin has already raised more money than all of Grassley’s previous challengers combined. She out-raised Grassley in the first quarter and had about $1 million cash on hand as of March 31, while the Krause and Fiegen campaigns had less than $1,000 on hand between them.

Late last week Conlin called on Grassley to denounce Kentucky Republican Rand Paul’s comments about civil rights. Paul suggested that private businesses should be allowed to discriminate. Without mentioning Paul’s name, Grassley’s spokesperson told Iowa Independent,

Sen. Grassley’s position is that if a place is open for business it should be open for everyone.  You may know that Grassley was a co-sponsor of the 1982 and 2006 reauthorizations of the Voting Rights Act, the 1965 companion to the Civil Rights Act of 1964.  He was in the middle of the agreement reached on the 1982 legislation. Grassley also supported the 1991 extension of the Civil Rights Act.  That was the last major amendment to the Civil Rights Act.  It was broadened in 1972, after its passage in 1964.

Grassley is wise to put some distance between himself and Paul’s views. As Assistant Iowa Attorney General in the 1970s, Conlin prosecuted the first cases under our state’s civil rights law.

IA-03: NRCC favorite Gibbons up on tv

Jim Gibbons, a former NCAA champion wrestler and coach, included a heavy dose of wrestling imagery in his first television ad, which goes up in central Iowa today:

Here’s my rough transcript:

(visual of two young wrestlers shaking hands and practicing) Gibbons voice-over: I learned a lot on a mat like this as a wrestler and a coach. Set goals. Make a plan. Be dedicated. Work hard. Lead your team by listening.

(Gibbons steps into frame in front of wrestling mat, speaks to camera) I’m Jim Gibbons, and I used these lessons as I became a financial adviser. (shots of Gibbons advising clients) Help families save for the future, control spending and balance budgets. (Gibbons speaks to camera again) I’m running for Congress to stop wasteful spending, lower taxes and grow Iowa jobs. I’m Jim Gibbons, and I approved this message not because I can still do that (gestures toward wrestling mat), but because I’ll always fight for you.

This commercial strikes me as a lot better than Gibbons’ first web video, which gave the viewer no sense of what the candidate stands for. The production values are also better. I don’t think many financial advisers are helping their clients control spending or balance the family budget, but I get the connection he’s trying to make.

Over at The Iowa Republican, Craig Robinson (a big promoter of Gibbons’ candidacy from the beginning) sees a lot of upside for Gibbons:

Having outraised his primary opponents by a large margin over the last five months, his advantage in the race will now be more apparent to voters. The ad will also allow him to build his name ID across the district, while also defining the issues that his campaign will focus on. It is likely that Gibbons will be on TV from now through the June 8th primary.

Gibbons chief opponent, State Senator Brad Zaun, was the first candidate in the race to run a TV ad. Zaun ran a TV ad back in January, but his buy only totaled about $2,800. TheIowaRepublican.com was told that the Gibbons TV buy is more in line with what the Democratic Congressional Campaign Committee spent on ads thanking Congressman Boswell for this vote for President Obama’s healthcare plan.

Being the first candidate in the race to begin a TV campaign has a lot of advantages. Right now, the only political candidate that Gibbons is sharing the TV with is Terry Branstad. As the primary day approaches, more and more candidates will be running TV ads, which means that it will be more difficult to communicate a message due to all of the political clutter. For the 2nd and 3rd congressional candidates, it could get especially cluttered since both districts share some of the Cedar Rapids media market.

The other advantage to running ads now is a significant one. People are already casting their votes for the June 8th primary via absentee ballots and satellite voting locations. Having a positive ad up and running during this period of time may help Gibbons pick up some early votes.

From where I’m sitting, Gibbons needed to get his name out there. I’ve seen approximately 20 yard signs for Zaun for every one for Gibbons. Then again, I live not far from Zaun’s stronghold (Urbandale, a large suburb of Des Moines).

State Senator Zaun and Dave Funk (the tea party favorite) will not be able to afford nearly as much paid advertising as Gibbons. Moderate Republican Mark Rees may be up on the air soon if he hasn’t changed his plan to commit $200,000 of his own money to his campaign.

What does the SSP community think of this commercial and/or the Republican primary in Iowa’s third district (D+1)?

IA-Sen: Rasmussen finds Grassley lead shrinking

The latest Rasmussen Iowa poll shows five-term incumbent Senator Chuck Grassley still over 50 percent against all Democratic challengers, but with a smaller lead than he had earlier in the year. Rasmussen surveyed 500 likely Iowa voters on April 29, giving a margin of error of plus or minus 4.5 percent.

Survey questions and toplines are here.

Roxanne Conlin is the Democrat who gives Grassley the narrowest lead, 53 percent to 40 percent. Grassley led Conlin 55-36 in Rasmussen’s previous Iowa poll, taken in mid-March. Rasmussen’s summary notes that Grassley “now leads Conlin by only five points among women.”

Many politically active Iowa Democrats believe Conlin can help Governor Chet Culver and our down-ticket candidates if she motivates high turnout among women. I also know many women who plan to volunteer for Conlin’s campaign. She has already held campaign events in all 99 Iowa counties.

Grassley leads Democrat Bob Krause by 57 percent to 31 percent, the same as in Rasmussen’s March poll. He leads Tom Fiegen by 57 percent to 30 percent, a slightly smaller margin than his 57-28 lead in March.

This race is still Grassley’s to lose; Rasmussen finds 63 percent of respondents have a very or somewhat favorable opinion of the incumbent, while only 34 percent have a very or somewhat unfavorable opinion. The corresponding numbers for Conlin are 44 favorable/30 unfavorable.

However, a few stumbles by Grassley could make this race highly competitive in a hurry. At the very least Conlin is going to make it a lot closer than any other Democrat has against Grassley in the last 25 years.

I expect Conlin to have little trouble winning the Democratic primary on June 8. Not only is she the best-known candidate, she out-raised Grassley in the first quarter and had about $1 million cash on hand as of March 31. According to FEC reports, Krause had $352 and Fiegen had $582 on hand at the end of the first quarter.

UPDATE: Rasmussen’s numbers on the governor’s race continue to point to a tough road ahead for Governor Chet Culver. He trails former Governor Terry Branstad 53 percent to 38 percent, little changed from Branstad’s 52-36 lead in Rasmussen’s March poll. Bob Vander Plaats leads Culver 45-41 in the new poll, up from a 42-40 lead in the March poll. Culver is barely ahead of Rod Roberts in the new poll, 43-41, little changed from the 40-38 lead Culver had against Roberts in the previous poll.

It’s not encouraging for an incumbent to be stuck around 40 percent against all challengers. Culver needs to bring up his own numbers and get out there to tell voters about his administration’s successes. For a preview of the case Culver will make with Iowa voters, watch his appearance on Chuck Todd’s MSNBC program last week.

Assuming Branstad will be the Republican nominee, Culver’s campaign will have to take him on aggressively. The race is bound to tighten up, but as long as Branstad is polling above 50 percent the odds are against Culver. Perhaps the governor can needle Branstad and provoke the same kind of response Vander Plaats got during the second Republican debate.

IA-02, IA-03: NRCC votes for Gettemy and Gibbons

The National Republican Campaign Committee announced more moves in its “Young Guns” program today. Two of the districts affected are in Iowa.

The NRCC added Rob Gettemy to its list of “on the radar” candidates. Gettemy is one of four Republicans running against Dave Loebsack in Iowa’s second Congressional district.

“The NRCC is committed to working with Rob Gettemy as he continues to meet the rigorous goals of the Young Guns program,” said NRCC Chairman Pete Sessions. “Rob is an accomplished, independent leader who will fight to create jobs and rein in government spending. I am confident that Republicans will wage a strong fight against Dave Loebsack, a loyal Democrat who has repeatedly put his partisan agenda before a healthy economy.”

They’ll have to do more than that to convince me that this D+7 district will be competitive in the fall. The real reason for putting Gettemy “on the radar” is to signal to Republican donors that he’s the guy to support in this race. It’s a slap in the face to 2008 nominee Mariannette Miller-Meeks, not to mention the other two Republicans running in IA-02 (Steve Rathje and Chris Reed). Gettemy joined the race last but has the most cash on hand thanks to a $100,000 loan he made to his own campaign.

If no candidate wins 35 percent in the June 8 primary, NRCC support could help Gettemy at the district convention that would decide the Republican nominee. Gettemy already has backing from many prominent Republicans in Linn County (Cedar Rapids and its suburbs).

In the NRCC’s three-tiered system for candidates in supposedly competitive races, the next step up from “on the radar” is “contender.” Jim Gibbons’ campaign announced today that the NRCC has elevated him to that level. Gibbons became an “on the radar” candidate in February. If Gibbons can meet certain benchmarks, the NRCC may later elevate him to the top “Young Gun” level, for candidates deemed to have the best chances of winning Democratic-held House seats.

Getting a pat on the back from the NRCC will help Gibbons raise money, particularly from out-of-district donors who don’t know the political terrain in Iowa’s third district (D+1). Gibbons outraised the other Republican candidates in IA-03 by a substantial margin in the first quarter, and being a “contender” will probably help him extend that financial advantage in the second quarter. The Gibbons campaign press release is not subtle:

By achieving ‘Contender’ status, Gibbons has already proven his ability to build a successful campaign structure and achieve vital fundraising goals.

Gibbons added, “This recognition shows that our campaign is ready to take down Leonard Boswell in the fall.  I am the only candidate in this race that has shown the financial heft and organization structure to compete and win in November.  I am running for Congress to bring Iowa values back to Congress,” said Jim Gibbons.

I have to laugh to see Gibbons bragging about support from Washington party leaders a week after he tried to attack incumbent Leonard Boswell for getting help from the head of the DCCC. From where I’m sitting, Gibbons does not look ready for prime time.

Many people on the ground in IA-03 expect State Senator Brad Zaun to win the Republican nomination. Zaun appears to have an early advantage in name recognition as well as a base in vote-rich Urbandale (a Des Moines suburb). On the other hand, Zaun has raised only a little more than $80,000 for his Congressional campaign, about $50,000 of that in the first quarter. It may not be enough for strong district-wide advertising and direct mail before the June 8 primary. A majority of Republican voters haven’t yet decided on a candidate, according to a recent poll commissioned by Zaun’s campaign.

If no candidate wins 35 percent in the primary, Zaun could be well-positioned to win the nomination at a district convention, having much more background in Republican politics. But Gibbons could point to the NRCC’s backing as an argument in his favor. Party leaders in Washington are less likely to commit resources to this district if Zaun is the candidate.

A final word on Zaun’s meager fundraising. His defenders claim that his fundraising has lagged because he was tied up in the state legislature from January through March. I’m not buying it. Zaun announced his candidacy against Boswell in early December, more than a month before the 2010 legislative session began. If Rod Roberts could raise more than $50,000 in the kickoff event for his gubernatorial campaign, Zaun should have been able to raise much more at his kickoff event in late December (before the legislative session began). Zaun is a former mayor of Urbandale, a community with much more wealth and more Republicans than the Carroll area Roberts has represented in the Iowa House. Zaun should have a large pool of major donors to tap.

Share any thoughts about Congressional races in Iowa in this thread.

My Story (FL) (Video)

Thanks for allowing me the opportunity to speak to your community.  

I’m traveling all across the state getting to know Floridians and telling them about my story.  I can’t talk to everyone personally, though, and since I’m running for U.S. Senate Americans outside of Florida may be interested in who I am as well, since the important work of the U.S. Senate affects all Americans.  

Our campaign produced this video to help introduce people to me, my background and where I come from.  

http://www.kendrickmeek.com/page/s/video

We know this is a competitive election, but we have a real chance to bring progressive change to Florida and Washington, D.C. and we need your help getting the word out.  

You’ve heard a lot about my opponents and you’ll hear a lot more about them as they continue to fight a divisive primary over ideology and partisanship.  I’d rather spend my time working hard and fighting to bring jobs to Florida, help our economy recover and continue to pursue the progressive platform of the Democratic Party.

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Kendrick

Originally posted at kendrickmeek.com