Iowa Supreme Court heard marriage equality case today

This morning the Iowa Supreme Court heard oral arguments in Varnum v Brien, a case in which six couples are challenging Iowa’s law declaring that “Only a marriage between a male and female is valid.” Polk County has appealed a district judge’s ruling last year that the statute is unconstitutional. Last night jpmassar published a good overview of the legal issues underlying Judge Robert Hanson’s ruling as well as the county’s defense of the statute. (See also Osorio’s legal primer on the case.)

Links to video of the oral arguments can be found the Iowa Supreme Court’s website. The Des Moines Register’s article summarizing the arguments (with embedded video) is here. You can download pdf files of the district court ruling and the briefs submitted to the Iowa Supreme Court on appeal here.

My focus in this diary is not the legal arguments, but the political case that will need to be made for marriage equality once the Supreme Court has ruled on Varnum v Brien several months from now.

I have no idea how the high court will rule. Marriage equality advocates I have spoken with believe there is a realistic chance that Iowa’s “defense of marriage act” will be overturned and Judge Hanson’s ruling upheld. At the same time, no one believes this outcome is a sure thing. While five of the seven justices on the Iowa Supreme Court were appointed by Democratic governors, the court has never considered a gay marriage case before, so it is hard to say how the individual judges would be inclined to view Hanson’s reasoning.

For better or worse, the Iowa Supreme Court’s ruling is likely to be the last word legally on gay marriage in Iowa for at least a few years. Amending the Iowa constitution is relatively difficult. If the court overturns current state law, a constitutional amendment banning gay marriage would need to be approved by two consecutive legislative sessions (the 2009/2010 session and the 2010/2011 session) before going to the public in a general-election referendum. So, the earliest Iowa voters would be able to weigh in on this issue would be in November 2011.

My understanding is that Democratic leaders in the Iowa Senate (where Democrats have a 32-18 advantage) are committed to blocking any Proposition 8-style constitutional amendment. The 56-44 Democratic majority in the Iowa House may or may not be solid on this issue.

On the other hand, if the Iowa Supreme Court overrules Judge Hanson and finds the current statute constitutional, I do not expect Democratic leaders in the legislature or Governor Chet Culver to put their political weight behind repealing the “defense of marriage act.” So, full marriage rights for gays and lesbians in Iowa would probably be blocked for at least a few years in that scenario.

Even if the legal issue appears to be resolved, it’s clear that gay marriage will remain a salient political issue for some time after the Iowa Supreme Court’s ruling.

If the court overturns the law, the Republican Party of Iowa is likely to make a Prop 8-style crusade against gay marriage a major focus of its strategy going into the 2010 elections–especially if the state House or Senate blocks a constitutional amendment. Those who support marriage equality will need to back up Democratic politicians who stand with us on this issue, because there will be immense pressure to cave from some Democrats who are either social conservatives or who represent marginal districts. We will need to help move public opinion toward accepting gay marriage as a legal reality that does not threaten the institution of marriage for others.

If the court upholds the law, advocates for marriage equality will need to work on getting the Iowa legislature to approve, and Governor Culver to sign, some kind of legal recognition for gay couples. But again, the Republican Party of Iowa is likely to be aggressive in advocating against civil unions or any official recognition for same-sex relationships. Public education will be needed to give our Democratic legislators the political will to pursue this course. (Few socially moderate Republicans remain in the Iowa legislature.)

The good news is that Iowans already seem broadly supportive of legal recognition for same-sex couples. A Big Ten poll taken in October indicated that 28 percent of Iowans support gay marriage rights, with another 30 percent backing civil unions:

The poll showed that with a Supreme Court ruling, support for marriage increases to 35 percent, with another 27 percent supporting civil unions but not marriage.

That’s before the full-court press the right-wing noise machine is sure to make on this issue, no matter what the Iowa Supreme Court decides.

Shortly before Thanksgiving, I put up a post at Bleeding Heartland making fun of the American Family Association’s DVD called “They’re Coming to Your Town.” You can view the unintentionally funny DVD trailer and read the transcript here. The tone of its dire warnings about the gay agenda reminded me of a satirical piece in The Onion: I’m Not One Of Those ‘Love Thy Neighbor’ Christians. To my surprise, my post prompted this reply from a conservative Republican who occasionally comments at Bleeding Heartland:

There’s a difference  (0.00 / 0) [delete comment]

…in my book anyway, between a “gay” as you call them and a “gay activist” as the AFA refers to them in their promo.

Gay activists aren’t the loving couple who lives down the street; they’re the mouthy, in-your-face types who want to force everyone to accept, without question, their lifestyle.

This line of attack strikes me as potentially effective, and not only with religious conservatives who will never tolerate gays for theological reasons.

In order to combat Republican efforts to reverse marriage equality or block civil unions (depending on the Iowa Supreme Court’s ruling), we need to connect with those Iowans who may not mind that “loving couple” living quietly down the street, but resent the “in-your-face types” who want official recognition of their status.

I would appreciate input from anyone involved in voter persuasion during the recent campaign in California. It seems to me that the two most important groups to focus on are:

1. People who are happy to take a live-and-let-live approach to gays, but don’t see why the state should recognize their relationships.

Obviously, married couples enjoy many benefits not extended to unmarried couples. If you volunteered for the No on Prop 8 cause, what did you find to be effective points to bring up with voters?

Were people more likely to be supportive if reminded of the tax and other economic benefits granted to married couples? Or was it more useful to remind people of the potential harm suffered by couples lacking legal recognition, such as the chance that unsupportive relatives would bar a life partner from being with a sick or dying person in the hospital?

2. People who would support civil unions but are for whatever reason uncomfortable about the idea of gay marriage. If the Big Ten poll cited above is accurate, as many as 30 percent of Iowans fall into this category.

California blogger atdleft recently wrote,

I occasionally ran into this problem when I was out campaigning against Prop 8 in California. There would always be a few who’d ask me why we couldn’t be happy that domestic partnerships “are just like marriage”. I’d respond that domestic partnerships are not “just like marriage” because they’re not marriage and they only provide 1/3 the same rights as marriage, as the other 2/3 are federal rights that are blocked under DOMA.

I just don’t get it. On one hand, straight Americans seem more accepting of LGBT people than ever before. They support hate crimes laws, open military service, adoption rights, and essentially all the rights of marriage for gay & lesbian couples. But for some reason, people still stop and freak out over that one actual word: marriage.

Making gay marriage legal will not “force” any individual or church to “accept, without question, their lifestyle.” It’s vital for people to understand that clergy will not be forced to officiate at gay weddings. My own temple’s rabbi, who has officiated at same-sex ceremonies in our congregation, declined to marry Iowa’s only same-sex couple to be legally wed following Judge Hanson’s ruling last year. He released a statement explaining his position:

I wouldn’t have done this particular ceremony because NEITHER was Jewish in the first place. Instead I would have referred them to Rev. Mark Stringer of the Unitarian Church, who I know is a strong proponent of civil marriage and same sex ceremonies and who eventually did the marriage anyway. I commend him for so doing. […] For those interested, I both support Civil Marriage and I would do a same sex commitment ceremony, but my requirements for so doing would be EXACTLY the same as for a non-homosexual couple. Someone has to be Jewish and the couple must either be prepared to raise their children as Jews or have discussed it and not decided. I do not act as “Justice of the Peace” in a secular capacity. When I do weddings of any kind, I represent the Reform Jewish tradition in general and my beliefs as a Reform Jewish Rabbi in particular. I am there as a Rabbi, not as Justice of the Peace. Meanwhile, let me offer a hearty Mazal Tov to Sean and Tim.”

By the same token, religious institutions will not be forced to recognize gay marriages, just like legalizing divorce did not force churches to recognize divorces or remarriages.

Letting couples tell their own stories about why they want to be married is going to be a central part of any public campaign to increase support for gay marriage.

But I’ve also been wondering if we need to reassure people who are uncomfortable that they will still be able to disapprove of gay couples, even those who are legally married. Telling people that they’re wrong to be intolerant could backfire, especially if we’re dealing with an emotional issue. It might be more effective to make people understand that we hear and acknowledge their views.

Most of us can think of marriages we don’t approve of. Depending on your values, that could be 17-year-olds who dropped out of high school, a couple who are several decades apart in age, a professor marrying a former student, an impulsive remarriage after someone was widowed, an “open marriage” between non-monogamous heterosexuals, or a person who appears to have married a rich person for money. I know people who disapprove of my own marriage, because my husband is not Jewish. But no one would dispute that all of these marriages are valid under state law.

In an ideal world, I would want everyone to accept all loving couples and not be judgmental, but I think we need people to understand that they can still disapprove of gay marriage, even if it is legal. Widespread tolerance of gay relationships would be great, but it is not essential.

I doubt this script would be in any LGBT group’s talking points, but I wonder if it would help to convey this kind of message to reluctant voters:

I hear what you’re saying. For some people, gay marriage just goes against their values. I feel the same way when I look at some couples who probably got married for the wrong reasons. But I figure, just because someone gets a marriage license doesn’t mean I have to agree with their personal choices.

This could be a way of finding common ground with people who don’t object to what gays and lesbians do in their private lives, but are resistant to the state putting the “marriage” label on those relationships.

Again, I would welcome input from anyone who has done public education or voter persuasion on marriage equality. No matter where you live, you are welcome to post your advice to Iowa advocates at the Iowa progressive community blog Bleeding Heartland.

The paradox of IA-Sen 2010

Nate Silver is handicapping the 2010 U.S. Senate races at Fivethirtyeight.com and had this to say about Iowa’s seat, held by five-term incumbent Chuck Grassley:

Grassley will be 77 in 2010 and could retire, in which case the race probably leans Democrat. Absent a retirement, a kamikaze mission by someone like Tom Vilsack against the popular incumbent is unlikely to succeed.

Over at Iowa Independent, Chase Martyn begs to differ:

Grassley has not had a truly difficult race in some time.  […]

In 2004, Art Small […] received no institutional support from the Democratic party, which essentially conceded the race before it began.

In 2010, the picture is very different.  While Grassley’s approval rating remains high, almost everything else has changed.

Democrats have begun to truly dominate Iowa’s political scene. […]

What happens if former Gov. Tom Vilsack jumps into the race for Senate?

Fending off Vilsack’s challenge, Grassley could face deficits in both fundraising and name identification for the first time in decades. […]

Far from a ‘kamikaze mission,’ as Silver calls it, the emerging conventional wisdom around here is that Vilsack would have a real chance against Grassley in 2010.

Perhaps “kamikaze mission” is too strong a phrase, but we need to acknowledge that Tom Vilsack or any other Democrat would be a serious underdog against Grassley. Yes, Iowa now has far more registered Democrats than Republicans (about 106,000 more, last I heard), but Grassley has always benefited from a strong crossover vote.

Grassley will face substantial pressure not to retire in 2010, in part because several other Republican-held Senate seats are likely to be vulnerable. Furthermore, Iowa Republicans hoping to unseat Governor Chet Culver would love to be able to focus their spending on that campaign, rather than divide their resources between the gubernatorial race and defending an open Senate seat.

As I see it, four factors could push Grassley toward retirement:

1. A health problem (God forbid).

2. An unpleasant 2009 in the Senate minority. Grassley loves his job and has gotten along well with Montana Senator Max Baucus, who chairs the Senate Finance Committee. But what if the enlarged and emboldened Democratic majority doesn’t need to cut as many deals with Grassley as Baucus has done in the past?

3. Deteriorating relations between Grassley and the social conservatives who dominate the Republican Party of Iowa. For background on this tension, click here or click here.

4. A top-tier Democratic challenger who can raise a lot of money and has free time to campaign.

And that brings me to the paradox in the title of this post. Clearly Grassley’s retirement would give Democrats the best chance (some might say only chance) to win this seat. However, Grassley is more likely to retire if Tom Vilsack or another major-league Democrat jumps in now, instead of waiting a year or longer to see whether the incumbent will decide to step down for some other reason.

Challenging Grassley means embarking on long and exhausting uphill battle. But putting Grassley on notice soon that Democrats will not give him a pass is one of the few things we could do to improve the odds that he will retire.

Huckabee and Jindal appeal to social conservatives in Iowa

Skip this diary if you think it’s too early to start talking about the 2012 presidential campaign just because Barack Obama hasn’t been inaugurated yet.  

Former Arkansas Governor Mike Huckabee, the winner of the 2008 Iowa caucuses, was back in the state this week in more ways than one. On Thursday he held book signings that attracted some 600 people in Cedar Rapids and an even larger crowd in a Des Moines suburb. According to the Des Moines Register, he “brushed off talk of a 2012 run” but

brought to Iowa a prescription for the national Republican Party, which he said has wandered from its founding principles.

“There is no such thing as fiscal conservativism without social conservativism,” Huckabee said. “We really should be governing by a moral code that we live by, which can be summed up in the phrase: Do unto others as you’d have them do unto you.”

Governing by that principle would lead to a more humane society, with lower crime and poverty rates, creating less demand on government spending, he said.

Huckabee was accompanied on Thursday by Bob Vander Plaats, who chaired his Iowa campaign for president. Vander Plaats has sought the Republican nomination for Iowa governor twice and is expected to run again in 2010. He recently came out swinging against calls for the Iowa GOP to move to the middle following its latest election losses. The Republican caucuses in the Iowa House and the Iowa Senate elected new leadership this month, and the state party will choose a new chairman in January. Vander Plaats is likely to be involved in a bruising battle against those who want the new chairman to reach out more to moderates.

Many Iowans who didn’t come to Huckabee’s book signings heard from him anyway this week, as he became the first politician to robocall Iowa voters since the November election. The calls ask a few questions in order to identify voters who oppose abortion rights, then ask them to donate to the National Right to Life Council. According to Iowa Independent, the call universe included some Democrats and no-party voters as well as registered Republicans. Raising money for an anti-abortion group both keeps Huckabee in front of voters and scores points with advocates who could be foot-soldiers during the next caucus campaign.

Meanwhile, Louisiana Governor Bobby Jindal made two stops in Iowa yesterday. Speaking in Cedar Rapids,

Jindal said America’s culture is one of the things that makes it great, but warned that its music, art and constant streams of media and communication have often moved in the wrong direction.

“There are things we can do as private citizens working together to strengthen our society,” he said. “Our focus does not need to be on fixing the (Republican) party,” he said. “Our focus needs to be on how to fix America.”

I’m really glad to hear he’s not worried about fixing the party that has record-high disapproval ratings, according to Gallup.

Later in the day, Jindal headlined a fundraiser in West Des Moines for the Iowa Family Policy Center. He said he wasn’t there to talk politics (as if what follows isn’t a politically advantageous message for that audience):

“It all starts with family and builds outward from there,” said the first-term Jindal, who was making his first visit to Iowa. “As a parent, I’m acutely aware of the overall coarsening of our culture in many ways.”

The governor said technology such as television and the Internet are conduits for corrupting children, which he also believes is an issue agreed upon across party lines.

“As governor, I can’t censor anything or take away anyone’s freedom of speech – nor do I want to if I could,” he said, “but I can still control what my kids watch, what they hear and what they read.”

The problem is that parents who want to control what their kids read often try to do so by limiting what other people’s kids can read. A couple near Des Moines

are fighting to restrict access to the children’s book “And Tango Makes Three” at East Elementary School in Ankeny. The book is the story of two male penguins who raise a chick together.

The Ankeny parents want it either removed or moved to the parents-only section, arguing that it promotes homosexuality and same-sex couples as normal and that children are too young to understand the subject.

Gay rights are sure to be an issue in the next Republican caucus campaign, especially if the Iowa Supreme Court rules in favor of marriage equality next year. The court will soon hear oral arguments in a gay marriage case.

For now, though, it’s enough for Jindal to speak generally about “family” and “culture” and raise his name recognition among the religious conservatives who have often crowned the winner in the Iowa caucuses.

What did you get wrong? What did you get right? (updated)

We’ve had ten days to decompress from the election. It’s time for a little self-promotion and self-criticism.

What did you predict accurately during the past campaign, and what did you get completely wrong?

The ground rules for this thread are as follows:

1. This is about your own forecasting skills. Do not post a comment solely to mock someone else’s idiocy.

2. You are not allowed to boast about something you got right without owning up to at least one thing you got wrong.

3. For maximum bragging rights, include a link to a comment or diary containing your accurate prediction. Links are not required, though.

I’ll get the ball rolling. Here are some of the more significant things I got wrong during the presidential campaign that just ended.

I thought that since John Edwards had been in the spotlight for years, the Republicans would probably not be able to spring an “October surprise” on us if he were the Democratic nominee. Oops.

In 2006 I thought Hillary’s strong poll numbers among Democrats were

inflated by the fact that she has a lot of name recognition. I think once the campaign begins, her numbers will sink like Lieberman’s did in 2003.

Then when her poll numbers held up in most states throughout 2007, I thought Hillary’s coalition would collapse if she lost a few early primaries. Um, not quite.

I thought Barack Obama would fail to be viable in a lot of Iowa precincts dominated by voters over age 50.

I thought Obama had zero chance of beating John McCain in Florida.

Here are a few things I got right:

I consistently predicted that Hillary would finish no better than third in the Iowa caucuses. For that I was sometimes ridiculed in MyDD comment threads during the summer and fall of 2007.

I knew right away that choosing Sarah Palin was McCain’s gift to Democrats on his own birthday, because it undercut his best argument against Obama: lack of experience.

I immediately sensed that letting the Obama campaign take over the GOTV effort in Iowa might lead to a convincing victory for Obama here without maximizing the gains for our down-ticket candidates. In fact, Iowa Democrats did lose a number of statehouse races we should have won last week.

By the way, if you are from Iowa or have Iowa connections, please consider helping the progressive community blog Bleeding Heartland analyze what went wrong and what went right for Democrats in some of the state House and Senate races.

UPDATE: I wasn’t thinking just in terms of election predictions. I meant more broadly, what were you right and wrong about during the course of the whole campaign? Such as, “I thought Obama was done after Nevada” or “I thought the long primary battle was going to destroy Obama’s chances” or “I thought once Reverend Wright emerged Hillary would win the nomination.”

Update on the state of the race in IA-04

Democrat Becky Greenwald has been low on cash the last few weeks, but her campaign bought 60 seconds of air time on the CBS and NBC affiliates in Des Moines and Mason City immediately before Barack Obama’s prime-time special on October 29.

Greenwald’s ad was outstanding and could not have been more clear about the contrast between her and incumbent Tom Latham. Click the link to watch the commercial, which made clear that Latham is a Republican who’s voted with George Bush 94 percent of the time–even more often than John McCain. Meanwhile, the ad made clear visually and in the voice-over that Becky Greenwald is a Democrat who will support Barack Obama’s policies.  

I hope they will be able to air this commercial during the final days of the campaign. Please donate to Greenwald’s campaign if you can afford to, so that more viewers will be exposed to this message. It’s much stronger than the biographical ad Greenwald was running in late September, which didn’t make much of a case against Latham.

In response to the Research 2000 poll showing a tight race in IA-04, Latham’s campaign released partial results from an internal poll showing him ahead by 22 points.

Latham’s early tv spots were positive about his record (while avoiding the Republican label). In October he started running negative ads on the bailout in heavy rotation.

We’ll find out next Tuesday if Obama’s coat-tails are enough to overcome Latham’s big edge in paid media. It’s a D+0 district where Democrats have made huge gains in voter registration in the past two years.

In related news, Time magazine says IA-04 is a “race to watch.” The political director of EMILY’s List says he is “cautiously optimistic” about Greenwald’s chances and falsely claims that EMILY’s List “came on board” for her soon after meeting with her this summer. In fact, EMILY’s List didn’t endorse Greenwald until September 16. The group has been communicating with Greenwald’s campaign but hasn’t run any ads in Iowa’s fourth district.

The Des Moines Register endorsed Greenwald today, while the Mason City Globe-Gazette endorsed Latham over the weekend.

UPDATE: I forgot to mention that the United Auto Workers PAC has been running a radio ad criticizing Latham for voting for tax breaks for corporations and against equal pay for women. The ad also says we need Becky Greenwald in Congress.  

IA-05: King calls Obama “socialist,” pushes fake ACORN fraud

Last weekend my fellow Iowa blogger 2laneIA published a comprehensive diary on Congressman Steve King’s “greatest hits.” Click the link to read about King’s suggestion that we electrify the border fence with Mexico like we do “with livestock,” his prediction that terrorists will be “dancing in the streets” if Obama becomes president, and his pride in working to scale back funding for the State Children’s Health Insurance Program (which he calls Socialist Clinton-style Hillarycare for Illegals and their Parents). I mentioned a few more low points for King in this post.

Yesterday the man Ann Coulter calls “one of my favorites” helped warm up the crowd at a Sarah Palin rally in Sioux City.  

According to Iowa Independent, King suggested that electing Obama could be a step toward totalitarian rule:

“When you take a lurch to the left you end up in a totalitarian dictatorship,” King said.  “There is no freedom to the left. It’s always to our side of the aisle.”

Sioux City Journal political correspondent Bret Hayworth wrote on his liveblog,

10:12 a.m.: King gives the first of what will be two speaking opportunities, this one the longer, for nine minutes. He lays out several versions of the words “liberal” and “socialist” in describing Democratic presidential candidate Barack Obama. He mentions the ACORN group and earns a big “Booooo.” King said a Google search of “Acorn Fraud” gets you 2 million hits of possible stories.

King said it’s not a stretch to link Obama to the ACORN group, since he worked for them in voting matters. “Obama is ACORN… When I see Obama, I see ACORN branded on his forehead,” King said.

King has embarrassed Iowans with his bigotry and extremism for too long.

If he is re-elected, he won’t just be an irritant for Iowans. King severely disrupted the House Judiciary Committee’s efforts to question Douglas Feith in July, and I’m sure there will be more where that came from in the new Congress.

Iowa’s fifth is an R+8 district, but Rob Hubler has a real shot in this race, for reasons I discussed here.

Send a message to Steve King by donating to Hubler for Congress.

First public poll in IA-04: Latham 47, Greenwald 42

I suspected that Republican Congressman Tom Latham’s internal polling must be showing a close race when he put up a negative tv ad on the bailout. Now the first public poll of Iowa’s fourth district is out. Research 2000 for Daily Kos found this:

Tom Latham 47

Becky Greenwald 42

undecided 11

Click the link for the internals.

Interestingly, the same poll found John McCain leading Barack Obama in the fourth district by 46 to 42 percent. Given the many polls showing Obama above the 50 percent mark in Iowa, I would have thought Obama would be leading McCain in this D+0 district.

If Greenwald is doing as well in IA-04 as Obama, then I feel really good about our chances for an upset in this district. Obama’s superior ground game could easily be worth several percentage points on election day.

Paging EMILY’s list and the Democratic Congressional Campaign Committee: please start spending some money on tv ads in this district! Greenwald has launched a good web ad recently, but she hasn’t been on tv for the past ten days or so.

EMILY’s List endorsed Greenwald last month, and the DCCC added her to Red to Blue in early October, but I am not aware of any independent expenditures on her behalf yet. (UPDATE: Supposedly the United Auto Workers just went up on the air with an anti-Latham radio ad, but I haven’t heard it and don’t have a transcript.)

Please donate to Greenwald if you can.

Time to get serious about expanding the field (NJ-05, CA-46, KY-01, IA-05)

Americans appear ready to sweep a lot of Democrats into office on November 4. Not only does Barack Obama maintain a solid lead in the popular vote and electoral vote estimates, several Senate races that appeared safe Republican holds a few months ago are now considered tossups.

Polling is harder to come by in House races, but here too there is scattered evidence of a coming Democratic tsunami. Having already lost three special Congressional elections in red districts this year, House Republicans are now scrambling to defend many entrenched incumbents.

In this diary, I hope to convince you of three things:

1. Some Republicans who never saw it coming are going to be out of a job in two weeks.

On a related note,

2. Even the smartest experts cannot always predict which seats offer the best pickup opportunities.

For that reason,

3. Activists should put resources behind many under-funded challengers now, instead of going all in for a handful of Democratic candidates.

Allow me to elaborate.

1. A lot of seemingly safe incumbents have lost in wave elections, even in districts tilted toward their own party.

The Republican landslide of 1994 claimed my own Congressman Neal Smith, a 36-year incumbent who had a senior position on the House Appropriations Committee. Democratic House Speaker Tom Foley spent “what aides say may total $1.5 million to $2 million, a staggering amount for a House race” in 1994, but he still lost to George Nethercutt in Washington’s fifth district.

Many of you probably remember long-serving House and Senate Democrats in your own states who were swept away in the Reagan landslide of 1980.

By the same token, a lot of entrenched Republicans lost their seats during the 1974 post-Watergate wave. That was the year Iowans elected Tom Harkin and Berkley Bedell in the fifth and sixth Congressional districts, where both candidates had lost elections in 1972.

2. Even the political pros and the best analysts cannot always handicap Congressional races accurately, especially House races where public polls are scarce.

In 2006, could anyone have predicted that Lois Murphy (who almost beat Republican Congressman Jim Gerlach two years earlier) would fall short again in PA-06, while the massively under-funded Carol Shea-Porter would defeat Jeb Bradley in NH-01?

The Democratic Congressional Campaign Committee poured millions into IL-06 in 2006, only to see Tammy Duckworth lose to Peter Roskam. Meanwhile, Larry Kissell didn’t get the time of day from the DCCC and came just a few hundred votes short of beating Republican incumbent Robin Hayes in NC-08.

My point is that we can’t always know where our best chances lie. Sometimes a stealth candidate can catch an incumbent napping in a race that hasn’t been targeted by either party.

Look at the seats Republicans are now worried about, according to Politico:

GOP Reps. John B. Shadegg of Arizona, Lee Terry of Nebraska, Henry Brown Jr. of South Carolina and Dan Lungren of California are all fighting for their political lives, a reversal of fortunes that has caught even the most astute campaign observers by surprise.

Markos commented on the Politico piece,

Shadegg’s AZ-03 is R+5.9.

Terry’s NE-02 is R+9.0.

Brown’s SC-01 is R+9.6

Lungren’s CA-03 is R+6.7.

We haven’t had any public polls in Iowa’s fourth or fifth district races, but last week Republican incumbent Tom Latham (IA-04, D+0) released his first negative television ad, suggesting that his internal polls may show Becky Greenwald gaining on him.

I can’t tell you today who will win on November 4, but I guarantee you that some Democrats in “tossup” seats will lose, even as other Democrats take over “likely Republican” or “safe Republican” districts. Which brings me to my third point.

3. We need to expand the field of Republican-held districts we’re playing for.

Thankfully, the bad old days when the DCCC would target 22 races, hoping to win 15, are just a memory. The DCCC has put more than 60 Republican-held seats in the “Red to Blue” category. Not all of those seats have seen media buys or other significant financial investment from the DCCC, however.

Plus, as I mentioned above, Dan Lungren is sweating bullets in CA-03, which isn’t even on the Red to Blue list.

In 2006 we won at least two seats that were not in the Red to Blue program (IA-02 and NH-01) and came oh, so close in NC-08.

The bottom line is that a lot of Democratic challengers with the potential to win are not getting the support of the DCCC. This post at Swing State Project lists lots of seats once thought safe for Republicans, which are becoming competitive.

Where can netroots fundraising have the most impact? In my view, it’s in the winnable districts where there will be no influx of hundreds of thousands of dollars from the DCCC or other outside groups. Many of these are districts where an additional $50,000 or even $25,000 can make the difference.

The mother of all moneybombs dumped three-quarters of a million dollars into Elwyn Tinklenberg’s campaign in 24 hours over the weekend. It was a strong statement against the intolerance and bigotry Michelle Bachmann (MN-06) displayed on Hardball.

While I respect the enthusiasm, I can’t agree with those who are still asking the netroots to give to Tinklenberg, even after he’s collected more than $750,000 and the DCCC has promised to put $1 million into this race. Tinklenberg now has the resources to run an aggressive paid media and GOTV effort for the next two weeks. He probably has more money than he can spend effectively with so little time left.

Raising $50,000 for each of ten good challengers would be a better use of our energy than continuing to push activists to give to Tinklenberg.

Remember, few challengers are able to match incumbents dollar-for-dollar, but that doesn’t mean they can’t win. They don’t need to match incumbent spending, but they do need the resources to improve their name recognition and capitalize on the Democratic wave.

Which House races should we target for a moneybomb? I would suggest looking at the list of candidates on the Blue America ’08 page at Act Blue, as well as the candidates endorsed by Russ Feingold’s Progressive Patriots Fund. We have good reason to believe that those candidates will stand up for progressive values.

I would then pick a few Democrats on those lists who are not benefiting from large independent expenditures by the DCCC or others.

Our money will go further in districts with relatively inexpensive paid media.

I would also favor candidates taking on particularly odious incumbents, such as Dennis Shulman (running against Scott Garrett in NJ-05) and Debbie Cook (facing Dana Rohrbacher in CA-46). RDemocrat has written a book’s worth of material on why we should support Heather Ryan against “Exxon Ed” Whitfield in KY-01.

And what kind of Iowan would I be if I didn’t mention Rob Hubler, who is taking on Steve King in IA-05? My fellow Iowa blogger 2laneIA published this comprehensive diary showing that if we’re talking about the most ignorant and bigoted wingnuts in Congress, King gives Michelle Bachmann a run for her money. Click the link to read all about King’s “greatest hits,” including his suggestion that we electrify the border fence with Mexico like we do “with livestock,” his prediction that terrorists will be “dancing in the streets” if Obama becomes president, and his pride in working to scale back funding for the State Children’s Health Insurance Program (which he calls Socialist Clinton-style Hillarycare for Illegals and their Parents). King considers his work to reduce SCHIP funding a “key moment” in his Congressional career.

Amazingly, there’s even more to dislike about King than 2laneIA had room to mention in that piece. For instance, while still a state senator, King was a leading advocate for Iowa’s “official English” law, which was adopted in 2002. Then he filed a lawsuit in 2007 to stop the Iowa Secretary of State’s office from providing voter information in languages besides English. It’s not for nothing that Ann Coulter calls King “one of my favorites.”

Hubler is a good progressive who spoke out against the FISA bill and supports the Responsible Plan for Iraq. I just found out yesterday that during the 1980s he was INFACT’s national director of the boycott against Nestle. Hubler also happens to be running a great campaign, but he is not getting much outside help except from Feingold’s Progressive Patriots Fund, which has sent an organizer to work on the campaign.

Two dozen House Democrats already represent districts with a partisan voting index of R+5 or worse. We should be able to increase that number in two weeks and send home Republicans who didn’t even realize they were in trouble.

Few people have enough money to donate to every worthy Democratic candidate. But if the netroots could raise more than three-quarters of a million dollars for Elwyn Tinklenberg in just over 48 hours, we ought to be able to raise $50,000 each for ten good challengers, whose races are relatively low-profile.

Who’s with me on this, and which districts should we target?

How good is your state’s “election readiness”?

Yesterday the creator of the Iowa Voters blog let Bleeding Heartland readers know that “The Brennan Center (with help from Sean Flaherty of Iowans for Voting Integrity) has released a major report on the status of election readiness.”

I recommend checking out this report to see how your state matches up. Iowa does fairly well. Thanks to the efforts of Secretary of State Mike Mauro, we adopted a law earlier this year banning touchscreen voting machines. Also, Iowa has same-day voter registration, which means very few people will have to use provisional ballots if they show up on election day and are not on the voter rolls.

In fact, the Iowa Voters blogger noted,

Iowa is one of eight states given credit for “best practices” in ballot accounting and reconciliation. See the third map.

On the other hand, we fall into the black space on the bottom map regarding audits of the machine readout. That’s Mauro’s next challenge. Someone needs to hand count some ballots after the polls close to see that the machines got it right in their hi-speed readings. Haste makes waste! Slow down and double check the damned things!

That challenge is for the government to face next legislative session. If we get good audits we can join the list of only six states that get shaded green on the top map (Alaska, Oregon, California, North Carolina, and our neighbors Missouri and Minnesota).

I agree that we need to have better audit procedures for our optical scanner counts, but I’m very relieved we won’t have to worry about some Iowa counties using touchscreen machines. It looks like the presidential race in Iowa will be a blowout for Barack Obama, but we could easily have Congressional or state legislative races that are close enough to require recounts.

IA-04: Latham goes negative, touts opposition to bailout (updated)

UPDATE: The DCCC  added IA-04 to the Red to Blue list on October 14 and moved IA-05 up from Races to Watch to Emerging Races.

There have been no public polls in the race between Republican incumbent Tom Latham and Becky Greenwald in Iowa’s fourth Congressional district, and neither candidate has released any results from internal polling.

However, Latham may be increasingly concerned about holding this D+0 district amid what looks like a landslide victory for Barack Obama in Iowa.

Until this week, Latham’s campaign messaging touted his record and mostly ignored his challenger. But on Monday he went negative, issuing this statement blasting Greenwald’s support for the recent bailout package. (She came out against the first bailout bill the House considered but supported the version that cleared the Senate before coming up for a House vote.)

Latham voted against both bailout bills, one of very few times he’s ever refused to support something the Bush administration wanted. For months, Greenwald has been hitting him on his lockstep Republican voting record. He is clearly grateful to have this issue to separate him from the White House and Republican leadership in Congress.

Last week Latham and Greenwald held two radio debates, and Latham brought up his no votes on the bailout at every opportunity. I commented at Bleeding Heartland that the bailout was the only thing that kept the second debate from being a rout for Greenwald.

During and after the debates, Greenwald brought up Latham’s consistent Republican voting record on lots of issues, including the deregulation of the banking sector which has contributed to the current economic problems. She also linked Latham to John McCain’s failed approach on health care reform and hammered him for supporting a privatization scheme for Social Security.

Latham denies he has backed privatizing Social Security, but to paraphrase Josh Marshall, he uses classic Republican “bamboozlement” language on this issue. He has supported private investment accounts, which could be devastating to seniors’ income in a bear market.

Greenwald has challenged Latham to televised debates as well. He declined one invitation and is dragging his feet on rescheduling an Iowa Public Television debate that was postponed while Congress was considering the bailout.

The third quarter financial reports for Latham and Greenwald are not available at Open Secrets yet. As of June 30, Latham had a big cash on hand advantage, in part because he sits on the House Appropriations Committee and in part because Greenwald had to get through a four-way Democratic primary (she won with more than 50 percent of the vote).

Greenwald’s summer fundraising must have been reasonably strong, because she went up on tv in September, got the endorsement of EMILY’s List, and was put on the Democratic Congressional Campaign Committee’s “Emerging Races” list.

No doubt Latham still has a money edge, because he has been advertising more extensively on tv and radio throughout the district. His first two television commercials focused on a bill he co-authored to address the nursing shortage and the need to “crack down on Wall Street greed” and help Main Street businesses.

Most House race rankings still put IA-04 in the “likely Republican” category, but this is a district to watch, especially in light of the big Democratic gains in voter registration and Obama’s double-digit statewide lead over McCain, confirmed by at least ten polls.

If Latham does hold on to his seat, I think he should send Nancy Pelosi a thank-you note. Here’s Latham’s voting record on corporate subsidies. Here’s Latham’s voting record that relates to government checks on corporate power. Here’s Latham’s voting record on corporate tax breaks in general (including sub-categories on tax breaks for the oil and gas industry and for the wealthiest individuals).

Yet despite his long record of standing with corporations rather than middle-class taxpayers, the bailout has allowed Latham to position himself this way going into the home stretch of the campaign:

“Reckless Wall Street CEO’s made a mess and they asked Iowans to pay to clean it up,” noted Latham for Congress spokesperson Matt Hinch. “Tom Latham stood up in Congress and protected Iowans by twice voting no on this massive Wall Street bailout. Tom Latham believes that, as a matter of principle, it is wrong to spend hundreds of billions of taxpayer dollars to reward, benefit and bailout those on Wall Street who created this mess.”

Highlights of Becky Greenwald’s endorsed Wall Street bailout plan includes:

* The largest corporate welfare proposal in U.S. history all at taxpayer expense;

* Gives the U.S. Secretary of the Treasury, and Wall Street veteran and former Goldman Sachs CEO, Henry Paulson a no-strings checkbook with $700 billion in taxpayer funds to spend as he sees fit;

* The Washington Post reports that there is a strong possibility of conflicts of interest, since the same companies who created the mess on Wall Street will, “be managing the assets while also selling their own troubled securities to the government.”;

* Taxpayer funded pork in the bill included tax breaks for rum, sports entities, television and the manufacturer of wooden arrows for children;

* And, no guarantee by Secretary Paulson that his plan will actually work.

“Becky Greenwald would reward the same greedy CEO’s who caused this crisis,” continued Hinch. “Becky Greenwald would spend $700 billion of Iowans’ money to fix Wall Street mistakes and greed. No accountability and no guarantee it will even work. It’s clear that Iowans can’t trust Becky Greenwald with our tax dollars.”

I don’t know whether this tactic will work for Latham, but I do know that if he were very confident, he would be sticking to a positive message.