Capitol Update

October 28, 2023

In June, myself and six other Iowa legislators toured the Mexico/U.S border for the first time. This section includes the final two entries of my 10-part mini-series, Journey to the Border. Read about parts 1 through 8 in previous newsletters which can be found here.

Journey to the Border – Part 9: Operation Lone Star

While on our border tour in Texas, we heard so much about Operation Lone Star! As a joint effort commissioned by Governor Abbott between the Department of Public Safety (DPS) and Border Patrol, this operation is a state-wide effort to fill in the many gaps of securing the border (and ultimately the nation) that were created by the federal immigration policy implemented in 2020. Right now, DPS is also providing an additional 6,000 border patrol agents through their partnership with the Texas National Guard.

It’s under this model that Iowa has sent 109 National Guard members and 31 DPS members to the Texas border. They only recently returned so be sure to read more about it here. While on duty in Texas, Iowa Guard and DPS members were deputized as Texas border patrol agents and tasked with foot patrol along the river and apprehensions of aliens who have entered the county illegally – those who did not go enter the county through a point of entry. Current policy has put most of the pressure on the river as the influx of people circumvent the legal ports of entry. It was strikingly clear that the Texas Border Patrol agents are spread dangerously thin. We spent an afternoon on a border tour in Brownsville, Texas with Lt. Marcus T. who had just one day off in the span of two months, all the while working 12-14 hours shifts daily. But he seemed to love his job and was wholeheartedly committed.

Operation Lone Star also teams up closely with private landowners, especially those who own the land along the Rio Grande River. However, DPS is at the mercy of the landowners for their authority to arrest illegals found on private property. Sometimes the landowners do not want to get involved and are afraid of retaliation by powerful smuggling organizations, the Mexican cartel. Many ranch operations, like Kings Ranch, even hire their own security.

In counties just up from the border, landowners are experiencing a game of cat and mouse with the cartel and coyotes. We were challenged one afternoon in a joint meeting with nine different agencies as they sought to curb the sophisticated smugglers in their latest technique of “running and gunning.” Having once dropped off illegals with instructions on how to sneak past check points on major highways, the smugglers now just use stolen vehicles to run through fences and barricades in order to gun through private property as fast as they can, usually in the wee hours of the morning.

Conclusion - Part 10: Immigration and Iowa

Do you know the motto of Iowa?

It states: Our Liberties We Prize and Our Rights We Will Maintain

To conclude this mini-series, it is paramount that Iowa considers her obligations in the border crisis by fully considering and protecting the liberty and rights of the American citizens that live in Iowa. Due to the present day, catastrophic federal policy, the states not only have a right but an obligation to protect the sovereignty of their territory. Truly, immigration is not “just a federal issue.” What can Iowa do? This is by no means a comprehensive answer to deeply complicated situations, but here are suggestions that have brought up:

1.     Consider and eliminate how we incentivize the demand for cheap labor. The methods we utilize in the ag industry and an uptick in organic farming drive the supply and demand of a complicated web of employment also known as modern-day slavery. Migrants are often put into hopeless situations of servitude; trapped in a cycle of debt and fear of deportation. 

2.     Iowa could adopt a similar bill just passed in Florida that addresses immigration concerns in five ways:

a. Require business owners to check employee work eligibility through the E- Verify system.

b.     Demand the suspension of employee licenses who hire undocumented workers.

c.    Continue to strengthen the punishments for human smuggling. Fantastic progress was made this session through a bill submitted by Representative Mark Thomson.

d.   Ban local governments from issuing ID cards.

e.   Require hospitals to collect data on illegal aliens.

3.     Support the border states financially and physically by assisting with funds and personal as the country attempts to secure the border against illegal entries. Completing the wall was the second top priority emphasized to us while were in Texas followed immediately behind correcting federal immigration policy that ties the hands of those actually responding to the border crisis.

4.     Reject the federal government’s lenient asylum policies and implement our own state deportation program.

5.     Iowa can also consider how our state can and should refuse to recognize the legal status that has been granted by the Biden regime to illegal aliens.

6.     Legislatively, we can refuse to provide free education, welfare and housing to illegal immigrants who are not in the U.S. lawfully. Enabling this system of handouts neglects to acknowledge the American citizens who pay into the system of taxes that fund those very government programs. 

**These ideas and suggestions that have been mentioned are a possibility of the things that Iowa can do to respond to the immigration crisis. I welcome other suggestions and comments about this situation.

With that said, please keep in mind that America has a system by which immigrants can LEGALLY come here. It is a well-known fact that America is "the melting pot" so I want to clarify that this conversation is not to imply that we stop welcoming those that wish to come to America, but that it must be done in a lawful, orderly and safe manner so that America and its present and future citizens can flourish in a safe and prosperous country.

This concludes my 10-part mini-series. Thank you all for who have continued to follow and read my Journey to the Border. I appreciate your support and encouragement. Be blessed and stay informed!

When I was sworn into office this past January, I took an oath to protect your God-given Constitutional rights. One of the ways in which I have been actively doing so has been in regards to the Navigator/Heartland/greenway Carbon pipeline that was slated to go through our district. I have been opposed to it since before I ran for office and have stated that it is simply the manifestation in our county of Agenda 2030, which was adopted by the United Nations in 2015.

I specifically mean the UN 17 Sustainable Development Goals which is a blueprint for collective global action in the areas of stainable development and green energy.

I am so pleased to share with you that Navigator has announced the cancellation of their carbon capture pipeline! This controversial project would have cut through Mahaska County and a small corner of Keokuk County, potentially violating the property rights of my constituents in House District 88. My deepest gratitude for everyone involved in stopping the, “UN Sustainable Development” Agenda in its tracks.

The legal implications of the State of Iowa exercising eminent domain authority on behalf of private industry are indeed enormous. I remain convinced that no public benefit exists in the sequestration of carbon dioxide for these purposes.

From the moment I decided to seek elected office, I have been inundated with concerns and fears surrounding this project threatening the cherished property rights of so many farmers and landowners in our community.

For over eighteen months, I have attended countless constituent meetings, grassroots events, lectures, public hearings, and regulatory agency functions dedicated to this issue, protecting the property rights of, “We the People.”

By working alongside you, I have learned an enormous amount, including the complexities of Iowa law 479B and the regulatory process along with the intricate details of federal tax credits. I have attended federal pipeline safety hearings, spearheaded legislative opposition with my colleagues and attended the Iowa Utility board (IUB) hearings for Summit.

I studied US judicial case law and spoke to many attorneys. I also attended lectures about globalist influence on Iowa politics and the corporate agenda working to re-shape the world with their Green New Deal economy.

Most importantly, I worked alongside grassroots activists from across the state and learned to give voice to the most pressing issues facing my constituents. The Iowa House had a partial legislative victory in restricting eminent domain authority, but sadly the issue has been ignored by the Iowa Senate. 

Iowans share a special responsibility to the land that God has entrusted to us. 

While our area of the state remains safe for now, the big-green carbon capture projects are still on the table for the rest of Iowa. Proponents argue that these projects are needed to further the interests of the corn ethanol industry, and therefore eminent domain could be appropriate.

For now, I propose we come together to celebrate. Praise God for our land and our rights, and may we continue to seek wisdom and knowledge for whatever the future holds.

Regarding Summit's pipeline, they have also announced that their intended start date has now been pushed back another year or so. Let's all continue to be diligent as we push back against that which seeks to strip us of our rights. I expect that the House will have very lengthy discussions regarding eminent domain in the upcoming session - it is a priority of many of us.

It's that time of year... fall elections are right around the corner! As I reviewed the list of candidates all across my district, I was disappointed to see that some small towns do not even have a mayor candidate running. I cannot express to you how important your local elections are... despite our obsession with the federal drama.

Local elections for school boards and city councils are foundational for the establishment and representation of direct and intense interaction between the people and the local government. It is VITAL that residents participate in order for the values of the community to be properly reflected. Unfortunately, local elections are known for poor voter turnout. For example, 1,023 voters participated in the 2021 Oskaloosa city election.

Oskaloosa is the largest city in my House district and has more people living in it than the entire population that resides in Keokuk County. The number 1,023 doesn't mean much until you become aware that there about 11,500 residents in Oskaloosa. (Half of all residents in Mahaska County live within the Oskaloosa city limits.) Of the 11,500 city residents, only 5,660 were registered voters in 2021. If only 1,023 showed up to vote, that means that only 18% of those registered to vote actually went to the polls in November of 2021.

Therefore, I implore you to make the effort to learn about who is on your ballot and take the time to go to the polls! On this fall's ballot will only be local city council and school board elections, no state or federal offices this fall. Most school elections also contain a public measure or bond issue. Be sure to research it ahead of time too! Oskaloosa's election contains a very important ballot measure. I encourage residents to VOTE NO on it so that you do NOT lose your right to petition the city council for resolutions to adopt a new ordinance or repeal an existing one. See article in this newsletter for more details.

Like so many county websites, the Mahaska County has a website that is full of great resources and information. Find all of Mahaska County school board elections, mayors and city council candidates here.

Jefferson County- register to vote, find your polling place and see the list of candidates here.

Visit the Keokuk County website for lots of great information. Find the list for all city and school election candidates, along with the mayors here: Candidate_Listing.pdf (iowa.gov)

This story began in May when a resident brought forth a petition that sought to bring a vote by the people on the long-contested regional airport. The resident did so because the city is currently trying to annex in the land in and around the proposed airport. The concern lies with the fact that if the city annexed in the land that is still privately owned by the four landowners who have refused to sell for well over a decade, then the city will be able to use their eminent domain powers to take the land by force and develop the airport. City and county municipalities DO have the ability to utilize eminent domain. The same day the petition (which was signed by the necessary required number of signatures) was turned in to the Auditors office, the city council called an immediate emergency meeting.

It was at that moment that they voted to unanimously remove from the city's charter, the portion that allows a registered voter to bring a petition to propose an ordinance. Then at their next meeting, which followed one week later, the council members waived the second and third reading, ushering in the removal of the right to petition (Article VI). In one week, Oskaloosa city residents lost what was once their ability to petition their local government for a new ordinance. Thankfully however, in the charter amendment portion of city code (Article 7.2) if the council amends the charter by an ordinance, then that ordinance can be forced to a public vote by a petition signed by the required number of registered voters. And that is what brings us to where we are with the November 7th ballot. The previous airport petition was abandoned and the battle to retain Article VI began. I am well aware that very few in Oskaloosa are aware of what is on the ballot this coming election so let me take this time to explain it more deeply.

This past May, the Oskaloosa city council voted to amend their charter in these two ways:

1. Remove Article VI (the petition and referendum portion)
2. Modify Article 7.2.

Article VI grants registered voters the right to propose new ordinances and repeal existing ordinances. This is known as the initiative and referendum process.

The language on the ballot has prompted questions by city residents because it reads as such, "Shall the following public measure be adopted? An ordinance to amend the city charter of the city of Oskaloosa, Iowa by removing Article VI and modifying Section 7.2 to comply with Iowa law and making conforming changes."

Voters have contacted me because they are concerned that the language of the ballot measure implies that Oskaloosa is out of compliance with Iowa law and they confused about what a yes or no vote actually does. This is going to get really detailed now so let me just get right to the point... if you live in Oskaloosa and believe your local government should be responsive to the voters in the community, then just VOTE NO. Vote NO so that you do not give up your right to petition your government. Vote No on Ballot Measure OM.

Now for the nitty gritty details...

I have spoken with the necessary legal authorities regarding the suggestion that Oskaloosa city charter is "unconstitutional" as it currently states on the city website. The portion of the city charter that allows residents to petition to propose or repeal an ordinance is allowed by Iowa Law under a Home Rule charter which is the form of government that Oskaloosa operates under. Cities that have a home rule charter, CAN have the petition and referendum portion. There are six "forms of government" that a city can operate under. Only a handful or two in Iowa operate under the "Home Rule charter" form of government so we are a bit unique in this. Here is a Legislative Guide on the Initiative and Referendum Process for your future review. Please be sure to book mark it.

There is a minor portion in Article VI that is more restrictive than what Iowa Statute states BUT the ability for a city to utilize the process of initiative and referendum is perfectly allowed. The charter can be aligned simply by addressing the percentage of signatures for a petition required by Iowa law without completing removing Initiative and referendum process. The idiom that everyone knows, "don't throw the baby out with the bath water" applies here! The more restrictive requirement is that Oskaloosa currently requires signatures from 25% of those who voted in the last city election. Current, Iowa law only requires 10%.

Vote No on Ballot Measure OM.

Now regarding modifying Section 7.2: this is section of the city charter that describes three ways in which the charter itself may be amended. It, too, contains a much higher demand of signatures than what state law requires, and it should be correctly aligned BUT that does not require that Article VI be thrown out. The city council can simply propose a charter amendment to bring the 25% down to 10%. Contained in this section is a state provision that allows the peoples' voice to be heard because every single time the council attempts to amend the charter, the opportunity for petitioners to force it to a people's vote does exist. This is required by Iowa law. Let me point out here that this pertains to ONLY charter amendments not just any ordinance that the council passes - that ability lies in the initiative and reference process. Furthermore, I would like to see the entirety of the charter amendment portion that is in current Iowa law stated directly in the Oskaloosa city charter as opposed to what the city council wants it to say which is this:

"This charter may be amended only as provided by Iowa law."

I believe residents should be able to see what that "Iowa law" is - "Iowa law" states:

(Iowa Code 372.11)

A home rule charter may be amended by one of the following methods:

1. The council, by resolution, may submit a proposed amendment to the voters at a special city election, and the proposed amendment becomes effective if approved by a majority of those voting.

2. The council, by ordinance, may amend the charter. However, within thirty days of publication of the ordinance, if a petition valid under the provisions of section 362.4 is filed with the council, the council must submit the ordinance amendment to the voters at a special city election, and the amendment does not become effective until approved by a majority of those voting.

3. If a petition valid under the provisions of section362.4 is filed with the council proposing an amendment to the charter, the council must submit the proposed amendment to the voters at a special city election, and the amendment becomes effective if approved by a majority of those voting.

For the city residents of Oskaloosa, I encourage you to vote NO on ballot measure OM on the Oskaloosa city election so that you do not lose your right to petition.

I have been asked how the current city council members voted on this earlier in May. I can confirm that all city council members up for re-election right now, voted to remove the initiative and referendum process.

Here is where you can read the original charter that still contains Article VI and the unmodified portion of 7.2. As soon as the council voted for this change back in May, it was also changed online so you cannot go to the current charter to read this, despite the fact that the ordinance only becomes effective if passed by voters in the coming election.

My apologies for this really long article but it is important!! Please spread the word!!

Vote No on Ballot Measure OM.

Fall Updates!

In October, a group of House Representatives attended a public event at the University of Iowa sponsored by a very active and well-organized group, Young Americans for Freedom. Detransitioner, Chloe Cole, shared her heartbreaking story as a young girl struggling with gender dysphoria, ADHD and mental health issues.

At the tender age of 12, she began puberty blockers and at 15, went under the knife for a double mastectomy. After key revolutionary moments in high school, Chloe came to understand the harm she, along with the assistance of the medical community, permanently inflicted on herself. She now 19 years old detransitionor that travels all over the world telling her story. She has also filed a lawsuit for medical malpractice by the doctor who failed to recognize her underlying mental health conditions, subsequently pushing her and her parents into gender-affirming care. 

Read more about the event here.

Young American for Freedom president, Jasmine Jordan was indispensable with her leadership and communication to the Iowa legislators.

It was a pleasure to attend the Reagon Breakfast in Cedar Rapids and listen to a great group of speakers that I serve with in the Iowa House including Representative Golding, Sherman, Holt, Boden and Shipley. The title of the event was "Iowa's Crisis in Education - How the Woke Left is Indoctrinating Our Children... and what we must do about it." With everything going on we could have been there for days or weeks but we kept it short for just the morning. Please be viligant and pay attention to your child's education closely!

Tour of the Air National Guard base in Des Moines

How you can support me in the Iowa House

What do people like me need for support as elected officials in a state office?

* Prayer (the key!)

* Volunteers

* Yards for signage (both yard sign and barn signs/4x8)

* "Word-of-mouth" support by expressing your approval to others

* and of course, financial donations:

Hayes for House, Treasurer

1240 170th Street

Pella, Iowa 50219

Thank you all!!

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