Yesterday (7/14/2020), LULAC and Majority Forward filed a lawsuit in Johnson County against Iowa Secretary of State Paul D. Pate – the State’s chief election official, who is responsible for the uniform operation of elections across the State of Iowa. It’s attached and it’s a good read. It took me about an hour in between interruptions to get through all 30 pages. It referenced what I’m planning to do for Linn County voters, i.e., mail them prefilled absentee ballot request forms (ABRF) including their PINs.
I’d like to emphasize a couple of points in the lawsuit that majority legislators and the Governor did not seem to consider when they approved HF2643.
1> This change in elections law was included in an appropriations bill. Isn’t it ironic that no one seems to have asked for a fiscal impact statement on this change to elections law? I told both my state representative and state senator that this legislation was going to add costs to future elections because we would need to hire more personnel to contact voters that omitted or replied with incorrect information on their ABRFs.
2> No two voters will necessarily be treated the same whether from the same county or from different counties. For example, an in-person voter voting at an auditor’s office or at the polls on election day will always be offered a provisional ballot if they are lacking the proper identification or don’t qualify to vote a regular ballot for some reason. The same is not true for an absentee voter voting by mail. If they submit a defective ABRF to our office, they will have to cure the defect before an absentee ballot will be mailed to them. We never mail out provisional absentee ballots to absentee ballot requestors.
If you’re voting address is in Linn or Johnson counties, we are planning to mail active voters prefilled ABRFs including PINs. As of this writing, if you live in Black Hawk or Dubuque counties, you may receive an ABRF, but they won’t be prefilled – see KCRG TV 7/15/2020. And finally, if you live in Benton, Jones, Buchanan, Tama, or Iowa counties, those county auditors are NOT mailing out ABRFs – see KCRG TV 7/7/2020.
LULAC and Majority Forward are correct in asserting that voters across the State will be treated differently depending on their voting addresses. Don’t blame me or my peers who are mailing out ABRFs to our constituents, thereby reducing the impact of the Legislature’s unfunded mandate, reducing the administrative burden on our voters, and/or creating inequities between counties. Many of my peers foresaw exactly what is occurring now, and asked for a seat at the table when HF2643 and other senseless changes were being made to Iowa’s election laws. We were ignored.
I’m going to do my best to keep my constituents safe and healthy if/when or however they choose to engage in the upcoming election. I would be negligent to do otherwise. Posted by Joel D. Miller – Linn County Auditor & Commissioner of Elections