HAVA hearing rescheduled

December 20, 2019

The hearing on the Iowa Secretary of State’s motion to dismiss my HAVA complaint has been rescheduled for 1pm on December 30th in the Iowa Secretary of State’s Lucas Building Office in Des Moines. For details on the complaint – see https://lcauditor.wordpress.com/?s=hava

Until then,

Happy Holidays!

Joel D. Miller – Linn County Auditor

From: Widen, Molly [SOS] <Molly.Hammer>
Sent: Friday, December 20, 2019 9:49 AM
Subject: VRC Hearing

Good Morning:

This email is being sent out on behalf of the Voter Registration Commission. Any questions about the content of this email, or the hearing generally, should be directed to Commissioner Charlie Smithson. Therefore, DO NOT REPLY TO THIS EMAIL.

The Voter Registration Commission has rescheduled their hearing for Monday, December 30th at 1:00 p.m. The hearing will take place in the Secretary of State’s Lucas Building Office, in the Large Conference Room.

Sincerely,

Molly M. Widen
Legal Counsel
Office of Iowa Secretary of State Paul D. Pate
Office: (515) 281-5864

Mobile: (515) 210-4634

Email: molly.widen
SERVICE · PARTICIPATION · INTEGRITY

sos.iowa.gov

Iowa Secretary of State not transparent

December 17, 2019

On 12/13/2019, I filed a complaint on the Office of the Iowa Secretary of State for failure to comply with Chapter 22 of the Code of Iowa.  The hearing officer in Case #19FC:0144 will be the Iowa Public Information Board.

Unfortunately, my track record with the SoS is poor.  On 7/1/2019, I mailed them a public records request for information regarding IVoters development from January 2018 to the present.  They allegedly complied with my request by sending me one December 2017 email and classified everything else as confidential.

The SoS did not even bother to acknowledge or respond to the five public records requests in my complaint.  That is brazen of them.  If they are not complying with public records requests from other elected officials, how are they treating John Q. Public?  – Joel D. Miller – Linn County Auditor

Bad Iowa felon list could reduce caucus attendance

December 13, 2019

Review finds 15 errors on ineligible felon voters list for 1 small Iowa county illustrates why a ‘Bad Iowa felon list could reduce caucus attendance.’  If you cannot register to vote, you cannot participate in the Iowa caucuses.

Recently, the Iowa Secretary of State vowed to have the Iowa Felon List (IFL) cleaned up prior to the November 2020 presidential election.  That’s not good enough!  Iowans will vote on (caucus for) presidential candidates on 2/3/2020.  Any errors in the IFL need to be corrected prior to 12/31/2019 before the political parties receive the official list of registered voters to be used for the caucuses.

Recently, I visited with an Assistant US District Attorney (USDOJ) and staffers for Senators Grassley and Ernst.  An edited version of my follow-up email to them is here.

In my email, I suggest the USDOJ file an injunction to prohibit the use of the IFL until it has been 100% audited and proven accurate.  The audit should be performed by an outside CPA firm – not government employees and not political parties.

The press has done its job by pointing out the IFL is bad.  Now is the time for someone at the Federal or State level to act to suspend the use of the IFL until it is fixed.  Who will right this injustice?  – Joel D. Miller – Linn County Auditor

HAVA complaints, every commissioner’s duty

December 9, 2019

Some people may think I filed a HAVA complaint on the Iowa Secretary of State (SoS) for partisan reasons.  Some may think I am just seeking publicity.  You will think what you want, but I will tell you that I have a duty.

I have a duty under Iowa Administrative Code (IAC) Chapter 721-29 to report possible cybersecurity incidents I have identified, which could potentially jeopardize “the confidentiality, integrity, or availability of an information system (e.g., IVoters) or the information (e.g., your voter registration records) the system processes, stores, or transmits ….”  In Iowa, the IAC carries the same force of law as statutes.

The Help America Vote Act (HAVA) of 2002 is Federal law and says a complaint can be filed for a violation that has occurred, is occurring, or is about to occur in connection with a federal election (e.g., the upcoming 2020 primary and general elections).

Federal law says that any person can file a HAVA complaint.  The State of Iowa says county commissioners have a duty to report anything that could jeopardize IVoters.  It is as simple as that, except I want the items I have identified in my HAVA complaint addressed/fixed before the June 2020 primary election.  And you should, too.  Joel D. Miller – Linn County Auditor (LCA)

Latest legal filings re HAVA complaint:

Final Motion to Dismiss by SoS; and

Final Reply to the Motion to Dismiss by LCA.

News coverage of HAVA complaint

December 5, 2019
In anticipation of the Iowa Voter Registration Commission holding a hearing to determine whether to dismiss or proceed on my HAVA complaint – see previous posts – I compiled a listing of the news coverage on this topic. 
PLEASE NOTE:  At 3:15pm on 12/5/2019, I received an email indicating a family member of one of the commissioners passed away this afternoon; therefore, the hearing will likely be postponed to a later date in December.
Please contact me if you have any questions.  Joel D. Miller – Linn County Auditor & Commissioner of Elections
Des Moines Register – 11/24/2019 – Iowa’s 2012 election problem a window into ongoing voter dysfunction, county auditor contends
The Gazette – 10/30/2019 – State hearing set for Linn County auditor’s complaint
KFI AM 640 – 10/23/2019 – Is Iowa’s aging “I-Voter” system vulnerable against 2020 attacks?
KCRG – 10/22/2019 – Preventing election attacks paramount for state in 2020, but some want better assurance of security
Government Technology – 10/22/2019 – Linn County Auditor Raises Concern About State Voter System
The Gazette – 8/22/2019 – Linn County Auditor Joel Miller concerned about security of voter registration database
The Advocate – 8/12/2019 – At Def Con, hackers and lawmakers came together to tackle holes in election security
Des Moines Register – 8/12/2019 – Iowa election system prone to hacks, Iowa auditor alleges in complaint. Secretary of State’s office calls complaints ‘ignorant.’
The Gazette – 8/3/2019 – Miller: Saying I-Voters is secure is not enough
The Gazette – 7/29/2019 – Pate: Iowa offers a model for election security
KGAN TV – 7/22/2019 –  Linn County auditor considers legal action against state over voter security
Siouxland News – 7/21/2019 – Iowa will keep voter registration system for 2020 elections
Associated Press – 7/19/2019 – Iowa will keep voter registration system for 2020 elections

 

Miller running for re-election

December 4, 2019

I have had a few people question if I am running for re-election as Linn County Auditor in 2020.  I am.  In September, I started going door-to-door with my nomination papers.

Today, I talked to Chairman Brett Nilles of the Linn County Democratic Party and requested he include my nomination papers in the precinct packets to be distributed for the upcoming caucuses.

When I ran in 2016, I thought that would be my last run.  One son lived in Wisconsin and my wife and I wanted to see his family more.  Another son lived in Central Iowa and we wanted to see his family, too.  Thankfully, our daughter and her family live in the Metro area.  The weekend drives to Wisconsin and the balancing act between families was starting to take a toll on us.  Not running for re-election appeared to be the solution.

Earlier this year, my son, daughter-in-law, and grandkids from Wisconsin moved into a house about 200 feet from our home.  No more exhausting weekend drives.  The balancing act still continues, but it is manageable.

So yes, I am running to be the Democratic nominee for Linn County Auditor in the June 2020 primary election.  Family considerations are not necessarily a good reason to run for re-election, but they certainly can be a major reason not to run.

I have other reasons for running for re-election and I will share those at the appropriate time.  Until then, Happy Holidays!  Joel D. Miller – Grandfather.  Paid for by Miller for Auditor

Answer to motion to dismiss HAVA complaint

November 27, 2019

Today (11/27/2019), I filed my answers to the arguments made by the Iowa Secretary of State (SoS) in his motion to dismiss my HAVA complaint.  As the banner on my home page indicates, I wear many hats.  I am the author of the answers, but I am not a lawyer.  My brief is functional, but it is not lawyerly.  It is 128 pages long and includes 18 exhibits.

To save you from having to scroll through 128 pages, I embedded the links to my online sources into the exhibit numbers.  If you want to see an exhibit that does not have a link, please reach out to me via the contact form.

Next steps.  The SoS has until 12/5/2019 to respond to these answers and the resistance I filed on 11/26/2019.  Unless the SoS and I decide to settle before 12/9/2019, the Voter Registration Commission, in its role as the Presiding Officer, will hold a hearing at 10am on 12/9/2019 in the SoS conference room on the 1st Floor of the Lucas State Office Building on the Capitol Complex.  The hearing will be open to the public.

In the meantime, feel free to use the contact form to reach me.  Happy Thanksgiving!  Joel D. Miller – Linn County Auditor

 

Resistance to motion to dismiss HAVA complaint

November 26, 2019

On 8/12/2019, I filed a HAVA complaint on the Iowa Secretary of State.

Today, 11/26/2019, I filed part one of my Resistance to the Secretary of State’s Motion to Dismiss my HAVA complaint.

Tomorrow, 11/27/2019, I will file part two of my resistance, i.e., an additional complementary, stand-alone document containing detailed answers to the Arguments in the Motion to Dismiss.

If you are a legal geek, you may find today’s filing interesting.  If you are an elections or cybersecurity geek, then save your reading for tomorrow.  Joel D. Miller – Linn County Auditor

Secretary Pate files motion to dismiss HAVA complaint

November 13, 2019

As expected, the assistant attorney general representing the Office of Iowa Secretary of State Paul D. Pate filed a motion to dismiss my HAVA complaint. Assuming my complaint is not resolved in the next few days, I will be filing a response to the motion to dismiss, which I will post on this blog. Joel D. Miller – Linn County Auditor & Commissioner of Elections

 

Press Release: US Senator Duckworth makes surprise visit to deported veterans In Mexico

November 12, 2019

Editor’s note: As a veteran and an elected official, I am disgusted by the deportations of fellow veterans who honorably served in the United States Military. My perception is that these deportations are arbitrary and capricious. If you have information to the contrary, please post it below. Joel D. Miller – Linn County Auditor

Contact: David Cruz | (818) 689-9991 | davidcruz

Nation’s Oldest & Largest Latino Civil Rights Organization Arrives with Former Army Lt. Colonel, Now U.S. Senator

Washington, DC – Domingo Garcia, National President of the League of United Latin American Citizens (LULAC) crossed the border early today and traveled to Tijuana with one of the nation’s leading Congressional advocates for veterans, Senator Tammy Duckworth (D-Illinois). Their delegation also included repatriated Army Special Forces combat soldier, Miguel Perez and Carlos Luna, Council President, LULAC Green Card Veterans based in Chicago, Illinois.

“We made this important visit, unannounced for security reasons, to personally let all deported Latino veterans know that LULAC and Senator Duckworth do not forget them and we will not stop fighting until each and every one of them has been returned home to the country they defended,” said Garcia. “Americans must demand that our immigration laws be changed so that no veteran is kicked out of the U.S. after putting their lives on the line, come back with PTSD, can’t access medical care and fall into trouble. They pay their debt to society for their mistakes but then face a separate penalty because they’re not U.S. citizens and wind up getting deported. This is wrong and we must repatriate all veterans who have suffered this injustice,” he added.

The LULAC Military and Veterans Affairs Committee, chaired by Roman Palomares, is contacting the governors of each of the states where Latino veterans have been deported and asking them to consider signing acts of clemency allowing the former soldiers to return to the United States and have new immigration hearings. This is what was done by Illinois Governor J.B. Pritzker on behalf of deported veteran, Miguel Perez who successfully obtained his citizenship on October 4, 2019.

“As I shook the hands of these deported veterans and left Tijuana, I couldn’t help but feel they’re still soldiers in a different type of combat every day because their lives are still on the line, “said Garcia. “They’re targets of the plata o plomo danger because criminals see them as potential recruits and those who refuse to join them face the very real threat of harm or even death. None of us must rest until they are safe once again,” he added.

Palomares says Veterans Day is a good opportunity for encouraging our members to consider veteran-related activities year-round. Visit a VA hospital, unfurl and proudly display an American flag, reach out to a veteran you know or simply say thank you to a military service member we might see.

“Being an American veteran isn’t about war or conflict, although we may be called upon to face that too,” says Palomares. “It is about safeguarding the peace and helping to make sure that our nation remains a country where people can live free of fear and that their families can thrive and prosper. LULAC is proud to stand with them and together, we shall continue to defend and fight for the principles upon which our nation is founded,” he concludes.


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