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Capitol Notebook: Judge dismisses federal lawsuit against Iowa Poll, Des Moines Register
Also in the notebook, a state audit reveals $75,000 in improper disbursements in central Iowa city of Baxter
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DES MOINES — A federal lawsuit against the Iowa Poll and the Des Moines Register has been dismissed by a judge before oral arguments.
U.S. District Court Judge Rebecca Goodgame Ebinger on Thursday dismissed with prejudice a lawsuit brought by the Center for American Rights, a Chicago-based, conservative nonprofit, over the final Iowa Poll just before the 2024 presidential election. Dismissing a lawsuit with prejudice means it cannot be refiled.
The federal lawsuit, filed on behalf of a Des Moines Register subscriber from West Des Moines, alleged the Iowa Poll results deceived consumers, distorted public perception and undermined confidence in the electoral process. It accused the newspaper, pollster J. Ann Selzer, her firm and Gannett — the media company that publishes the Register — of fraudulent misrepresentation, reckless negligence and professional malpractice.
The Iowa Poll showed Democrat Kamala Harris leading Republican Donald Trump by 3 percentage points in the Republican-led state just days ahead of the 2024 presidential election. Trump ended up winning Iowa by more than 13 points.
The federal lawsuit is similar to a separate suit brought by Trump. That case is in the Iowa courts and is scheduled for a hearing Nov. 14 at the Polk County Courthouse in Des Moines.
Ebinger, who was nominated to the court by President Barack Obama, in her ruling Thursday compared the federal lawsuit against the Iowa Poll and the Register to a 1999 lawsuit against a meteorologist over an inaccurate weather report. Ebinger noted the ruling in that case warned that a guilty verdict would have cleared a legal path for a “litany of absurd suits.”
“Finding for Donnelly here would permit similar absurdity. The Court declines to permit such absurdity and finds Defendants owed no such duty to Donnelly,” Ebinger wrote.
Selzer issued a statement through the Foundation for Individual Rights and Expression, or FIRE, the pro-First Amendment nonprofit that represented Selzer and the Register for free.
“The First Amendment’s protection for free speech and a free press held strong. I know that I did nothing wrong and I am glad the court also concluded that there was never a valid legal claim,” Selzer said.
FIRE also represents Selzer in the state lawsuit.
“This decision shows where petty politics ends and the rule of law begins,” FIRE Chief Counsel Bob Corn-Revere said in the press release. “The court’s strongly worded opinion confirms that a legal claim cannot be concocted with political slogans and partisan hyperbole, and that there is no hiding from the First Amendment. This is a good day for freedom of speech.”
State audit finds $75K in improper spending
A former police chief, city clerk and EMS coordinator for the city of Baxter in central Iowa were identified in a special investigation by the state auditor’s office that found more than $75,000 in improper disbursements.
The special investigation was requested by city officials after they became concerned by some financial transactions, according to the report from the Iowa Auditor’s Office.
The investigation also found more than $11,000 in unsupported disbursements and more than $3,800 in unbilled, uncollected or over-collected utility billings, according to the report.
The $75,000 in improper disbursements includes improper payroll costs and excess comp time payments to former police chief William Daggett and former city clerk Katie Wilson, and improper payroll costs and excess vacation balance payout to former EMS coordinator Randi Gliem.
The report was forwarded to local and state law enforcement officials.
Reynolds creates task force for U.S. 250th
Gov. Kim Reynolds issued an executive order creating a task force, led by her administration, to prepare Iowa for next year’s celebration of the 250th anniversary of the signing of the Declaration of Independence.
The Governor’s Task Force on Celebrating America’s 250th Birthday will be led by Lt. Gov. Chris Cournoyer and Iowa Agriculture Secretary Mike Naig and will “plan, encourage, develop, and coordinate the commemoration of the 250th anniversary of the founding of the United States,” according to the governor’s office.
The task force will “recognize Iowa’s integral role in American history and the impact of Iowans on the country’s past, present, and future,” the governor’s office said.
Reynolds assigned 21 members to the task force, including nine state agency and administration leaders, the leaders of the Iowa National Guard and Iowa State Fair, members selected by the Daughters and Sons of the American Revolution, business leaders, and Bob Vander Plaats, president and CEO of the Christian conservative group The Family Leader.
“Ever since President Donald Trump visited the Iowa State Fairgrounds to kick off the 250th celebration, my administration has been working to coordinate our own yearlong celebration,” Reynolds said in a press release. “I look forward to showcasing the incredible contributions Iowans have made throughout our nation’s history.”
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