Archive for the ‘Election misconduct’ Category

Iowa voter inactivations enable voter fraud

April 30, 2021

One unaddressed aspect of the Iowa Secretary of State (SoS) changing the status of voters in IVoters, our state-wide voter registration & election system, is that he elevated the status of two classes of voters in the system, i.e., he created an opportunity for voter fraud to occur during the next election.

First, he raised deceased voters from dead. Prior to the No Activity Notice (NAN) process, deceased voters’ records had been “cancelled.” The NAN process changed “cancelled” voters to “inactive” voters, which would allow someone to assume a deceased voter’s identity. Did the SoS re-cancel all of the deceased voters he inactivated?

Last, the SoS changed “pending” voters to “inactive” voters, which would allow previous pending voters to walk into an early voting site or into the polls on election day, to present an ID to become “active”, and to vote … like any other voter. A “pending” voter registration applicant is a person who has filled out a voter registration form and we cannot verify they are a US citizen with either the US Social Security Administration or the Iowa Department of Transportation.

This afternoon, I emailed a public records request to Secretary Pate. I need to understand what he did or did not do to Linn County’s voter list. | Post by Joel D Miller – Linn County Auditor


Dear Secretary Pate:

RE: Public records request related to 2021 No Activity Notices to Voters

Recently, your office mailed out No Activity Notices (NAN) to thousands of persons in the State of Iowa.  Included in those NANs were seventeen year old citizens not eligible to vote in the 2020 general election, persons whose voter registrations were “pending” in IVoters, e.g., naturalized citizens, and deceased voters, who had been “cancelled” in IVoters.

Linn County had forty-two (42) seventeen year old citizens changed from “active” to “inactive” voters in IVoters.

Linn County had 121 voter registration applicants changed from “pending” to “inactive” in IVoters.  This action, if left unchecked, will or would allow applicants who had NOT yet been verified to be US citizens, to vote in upcoming elections because, per your Legal Counsel (4/28/2021 Zoom with Iowa election officials), “inactive voters are processed exactly the same as active voters”. (CONTINUED)

Linn County Auditor issues technical infraction to Iowa Secretary of State

April 22, 2021

This afternoon, I issued a technical infraction and letter of instruction to Mr. Paul Pate, Iowa’s current Secretary of State (SoS) and the chief election official in Iowa.

Why? The SoS mailed No Activity Notices to registered voters who had not voted in the November 2020 general election, and then inactivated the voters receiving those Notices. Since the SoS did not have a duty to ask my office or other county auditors to review the list of voters to receive the No Activity Notices PRIOR to the SoS mailing the Notices, duly registered active voters in Linn County were INACTIVATED. Please read the letter to the SoS for details.

Posted by Joel D. Miller – Linn County Auditor & Commissioner of Elections


From: Miller, Joel
Sent: Thursday, April 22, 2021 5:17 PM
To: Pate, Paul [SOS] <>
Cc: Widen, Molly [SOS] <>; Ross, Michael [SOS] ( <>
Subject: Notice of Technical Infraction

Good afternoon Secretary of State Pate,

Attached you will find a notice of technical infraction regarding the mailing of No Activity Notices by your office.

If you have any questions after reviewing the attached letter, please do not hesitate to reach out.


Joel D. Miller – Linn County Auditor

Russian agents tried to hack Iowa

September 25, 2017

Want to create havoc during the upcoming 2018 gubernatorial election? Hack into the statewide voter registration system and randomly delete a mere 10,000 active voters.

Imagine your grandparents showing up to vote as they have for 50 years and being told they are not registered to vote? Think lines, think anger, think confusion… and think frustrated voters leaving the polls without voting. “Mission accomplished” – way to go ‘bad actor’!

I hired ProCircular to conduct a cybersecurity audit of Linn County Election Services; I have sent staff to cybersecurity training and conferences; and I have and I am attending cybersecurity training and conferences, e.g., at this week’s Iowa Technology Summit.

What is the Iowa Secretary of State doing to keep our election systems safe? Has he hired outside “white hat” firms to audit our election systems? 2016 safeguards – see attached – are not going to be good enough in 2018. What’s the plan? Is there a plan? -Joel D. Miller – Linn County Auditor


Security Update from DHS re Iowa Elections

September 22, 2017

Yesterday (9/21/2017), I asked Iowa’s Director of Homeland Security if Iowa was one of the 21 states supposedly hacked by the Russians during the 2016 national election. The Director would neither confirm nor deny that Iowa was hacked. I tweeted about my exchange with the Director.

Today (9/22/2017), I received a non-confidential public record – the email below – assuring me and my fellow county auditors that Iowa’s election system was not hacked. Did the Feds really take ten (10) months to tell the Iowa Secretary of State that we were not hacked?

The timing of the email below versus my questions yesterday make me a little suspicious. I am glad to finally get an answer in writing, but do you believe in coincidences? – Joel D. Miller – Linn County Auditor

From: Olson, Carol [SOS] []
Sent: Friday, September 22, 2017 3:54 PM
To: Iowa’s County Auditors

Subject: Security Update from DHS re Iowa Elections


Secretary Pate requested that I provide you this information.

Following months of requests from chief state election officials, the U.S. Department of Homeland Security (DHS) finally today called all 56 U.S. jurisdictions to provide one-on-one notification on the status of security scans on their election systems. I am pleased to report to you that DHS affirmed that there has been no unauthorized intrusion, no “breach,” into any Iowa election system.

IVoters remains secure, as is the remainder of Iowa’s election and voter registration systems.

Please be aware that malicious actors continually scan public facing internet sites for opportunities to “break in.” Iowa has, and certainly will continue to be, the target of such scans. While we remain ever vigilant, we are also very confident that our systems are secure from malicious actors.

Have a great weekend.

Carol Olson –

Deputy Secretary of State

Office of Iowa Secretary of State Paul D. Pate

NEWS RELEASE: Linn County Auditor Refers Double Voting Suspects to Local and Federal Authorities

July 7, 2017

For more information, contact:

Joel Miller

Linn County Auditor

(319) 892-5333



July 7, 2017

Linn County Auditor Refers Double Voting Suspects to Local and Federal Authorities

CEDAR RAPIDS, IA – July 7, 2017 – Yesterday (July 6, 2017), Linn County Auditor Joel D. Miller, issued a letter to the Linn County Attorney’s Office and the FBI requesting that they follow-up on five (5) cases of suspected double-voting in the November 2016 election. Miller defines double-voting as one voter casting two ballots in two separate voting jurisdictions for the same election day. Double-voting could be a felony under Iowa and/or Federal laws.

The Auditor’s Office became aware of the suspected double-voting as a result of an annual cross-state match of voting records between Iowa and other states. These records were received from the Iowa Secretary of State about one week ago and the compare and verification process took a few days to complete.

Auditor Miller said, “I pointed out to the various officials that time is of the essence in following up on my referrals due to an upcoming August 1st election, as well as, other elections in September and November. If these voters did break the law, then they should not have the opportunity to vote in any future elections.”

Three of the suspects cast ballots in Iowa and Arkansas; one suspect cast ballots in Iowa and Nebraska; and one suspect cast ballots in Iowa and South Carolina. Three of the suspects are women and two are men. Three of the suspects currently own real estate in Linn County. The youngest suspect is 41 and the oldest is 66.


Don’t rape REAP (reprinted)

November 5, 2016

Appears the local media has short term memory or selective memory or favorite elected officials when it comes to a certain four letter word, but the internet never forgets anything nor do certain members of this community.

I hope that those who pounced on me for my use of the word “rape” pounce on Linn County Supervisor Brent Oleson with the same wrath they pounced on me.  For example, this morning, I read this email from Mr. Jason Frerichs – Chair of the Iowa Democratic Party’s Progressive Caucus.

He wrote:  Mr. Miller, I’m writing to you in my capacity as the chair of the IDP Progressive Caucus, and a member of the State Central Committee.  I’ve read your comments comparing yourself to a rape victim.  That is beyond the pale and that type of rhetoric is absolutely unacceptable.  I’ve spoken with both male and female rape survivors and they are completed disgusted by your comments.  You owe a lot of people an apology.  A real apology, not some politician’s bullshit “I’m sorry if I offended anyone” apology.  You are embarrassing our party.  Stop it.

According to Gazette opinion columnist Lynda Waddington, I need to “… reach out to the Iowa Coalition Against Sexual Assault so that I (he) can be provided a very clear understanding of what rape actually is”.  After reading Oleson’s rant below, he needs to join me.

I do need to give credit where credit is due, i.e., with Joe Stutler.  Without him, no local politician would be talking about rape or sexual assault.  I know my sensitivity has been renewed.

But all of this does not excuse Stutler’s violation of election law.  He broke the law and as of 11/5, he’s the only one to do what he did in the Auditor’s Office.  BTW, Oleson contributed to Stutler’s campaign and Stutler is Oleson’s campaign Treasurer.  So maybe Stutler needs to join Oleson and me, too?  -Joel D. Miller – Linn County Auditor



by Linn County Supervisor Brent Oleson

(The author has been a Linn County Supervisor since 2009 and previously worked with the Iowa Senate Minority leader. Bleeding Heartland discussed the bipartisan effort to increase REAP funding to $25 million here. – promoted by desmoinesdem)

I’m gonna go on a rant…about an attempted RAPE.

Yes, I mean every word and hyperbole I’m uttering on this post. REAP (Resource Enhancement & Protection) is being RAPED! For Agriculture…by agri-business…to correct it’s mistakes in a supposedly free and private market of farming. How is this rape of taxpayer funds and DNR license plate fees occurring and for what specifically? Read on My friends.

The Iowa House of Representatives wants to put REAP dollars toward agri-terrace projects, forestry management (subject to logging), and water nutrient pollution clean-up programs because farmland soil is laden with fertilizer chemicals. These are all worthy issues to be addressed on their own I say, and should indeed be addressed and monies put toward mitigation efforts. The Iowa Dept. Of Ag has jurisdiction on all these problems, and they should since their policies and practices created them in the first place.

This isn’t an indictment of farmers, because most are great conservationists of their own free will as it’s good business and good citizenship. I commend those Iowa farmers, especially my Linn County ones, who work hard to be responsible neighbors, citizens and conservationists…voluntarily I might add! But I don’t give a pass to bad apples, policy-makers, or special interest Ag industry lobbyists.

Continue Reading…

– See more at:

Vander Sanden more interested in protecting crony than in maintaining order in polling places

October 28, 2016

From: Miller, Joel
Sent: Friday, October 28, 2016 4:43 PM
To: Vander Sanden, Jerry
Subject: RE: Re: Order to Arrest Joseph Stutler

Dear Mr. Vander Sanden:

In my 9+ years as County Auditor, your office has rarely sided with me on anything and I cannot recall that you have ever sided with me. I am not surprised that you have weaseled your way out of upholding my order to arrest a person you supported in the June 2016 primary election. Per , you gave $110 to the Committee to Elect Joe Stutler, which is more than you have given to any other candidate running in Linn County. You should have referred this case to the Iowa Attorney General’s Office due to your conflict of interest.

Just as you should have asked the Iowa Attorney General’s Office for an opinion on whether the hiring of your sister-in-law in your office constituted nepotism. I accused you of wrong doing and you rendered an opinion on yourself and your office, denying nepotism. Your opinion, which the Board relied upon, should have never been given when you are the accused.

I am trying to maintain the peace in my office, which is a polling place for early voters – almost 500 today – and your message to the public is do whatever you want at the 86 polling places in Linn County on Election Day because the Linn County Attorney will not prosecute you. Maybe you should sign-up to be a precinct election official for this election so you can reap the fruits of your words below?

Code of Iowa Section 49.105 states, “Any precinct election official shall order the arrest of any person….” It says “shall”, which is a duty. I did my duty. If you cannot do your duty because you despise me so much that you overlook your conflicts of interest with me, then refer these cases to an attorney who does not have a conflict of interest with me and my office. That is your duty and your professional responsibility!


Joel D Miller, Auditor, CERA, CGAP®(candidate)

Office of Linn County Auditor

935 2nd ST SW

Cedar Rapids, IA 52404



Vision: Every person engaged in local government.

WARNING: Your initial email to me (if any), this email, and your reply, may be viewed by other Linn County elected officials and/or County personnel without my knowledge or consent. Confidential emails should be addressed to mailto:auditor

From: Vander Sanden, Jerry
Sent: Friday, October 28, 2016 4:06 PM
To: Miller, Joel
Cc: Mitchell.Schmidt
Subject: RE: Re: Order to Arrest Joseph Stutler

Mr. Miller:

Thank you for your prompt reply. However, I believe you have erred in your legal analysis. The provisions of Chapter 49 in general and specifically section 49.105 apply to the conduct of elections on election day. It is this section that gives precinct election officials the authority to maintain order and restore the peace if someone becomes disruptive in the polling place on election day. Clearly this is an extreme measure meant to be used only under exception circumstances.

Chapter 53 and specifically 53.10 apply to those who case absentee votes which is what Joseph Stutler was doing. The rules are different for those casting absentee votes. Absentee ballots don’t have to be filled out in a voting booth and there is no prohibition against taking a photo of an absentee ballot. I don’t see that Joe Stutler committed even a technical violation of the election laws.

In my 33 years with the Linn County Attorney’s Office, I have never seen an auditor try to invoke this code section to have a voter arrested. That you tried to apply it to have your primary opponent arrested under these circumstances is a deplorable abuse of the legal and political process.

Jerry A. Vander Sanden

Linn County Attorney

Linn County Courthouse

Cedar Rapids, IA 52401

Office: (319) 892-6350

Email: jerry.vandersanden

From: Miller, Joel
Sent: Friday, October 28, 2016 3:21 PM
To: Vander Sanden, Jerry
Subject: RE: Re: Order to Arrest Joseph Stutler

Mr. Vander Sanden:

See my responses in UPPER CASE RED FONT,

Joel D Miller, Auditor, CERA, CGAP®(candidate)

Office of Linn County Auditor

935 2nd ST SW

Cedar Rapids, IA 52404



Vision: Every person engaged in local government.

WARNING: Your initial email to me (if any), this email, and your reply, may be viewed by other Linn County elected officials and/or County personnel without my knowledge or consent. Confidential emails should be addressed to mailto:auditor

From: Vander Sanden, Jerry
Sent: Friday, October 28, 2016 2:16 PM
To: Miller, Joel
Subject: Re: Order to Arrest Joseph Stutler

Mr. Miller:

The Cedar Rapids Police Department requested my legal opinion regarding your purported order directing them to arrest Joseph Stutler. Before I respond to them, I hope you can clarify a few matters for me so I can give them proper legal advice.

· Were you personally present at the polling place in the Elections Office when any of the alleged actions of Mr. Stutler took place? NO

· Were you a witness to any of the his actions at or outside the Elections Office? NO

· Was any precinct election official a witness to any of the alleged actions of Mr. Stutler? YES. CRPD HAS SWORN STATEMENT FROM PEO.

· Are you claiming the provisions of Chapter 49 apply to a voter who casts an absentee ballot pursuant to section 53.10(3) of the Iowa Code? YES

· That is, since Mr. Stutler was casting an absentee ballot pursuant to section 53.10(3), is there any provision which mandates where the ballot must be completed?


6. Initial and issue the appropriate ballot to the voter. Ballots must be voted at the office; they may not be taken from the office.

7. Send the voter to a booth. Each voter must use a voting booth. Voting instructions must be posted in each voting booth. [IAC 721—22.250]

8. Ask the voter to wait while you review the affidavit envelope when the voter returns the ballot.

Check to be sure the voter:

§ Sealed the affidavit envelope, apparently with the ballot inside

§ Did not open and reseal the affidavit envelope

[§53.18, IAC 721—21.352(2), 21.354(2)]


CODE OF IOWA SECTION 49.84 Marking and return of ballot.

1. a. After receiving the ballot, the voter shall immediately go to the next available voting booth and without delay mark the ballot. All voters shall vote in booths.

39A.3Election misconduct in the second degree.1. A person commits the crime of election misconduct in the second degree if the person willfully commits any of the following acts:

a.Interference with validity of election.

(1) Possesses an official ballot outside of the voting room unless the person is an election official or other person authorized by law to possess such a ballot.

2. Election misconduct in the second degree is an aggravated misdemeanor.



· Concerning section 39A.3(1)(a)(1) of the Code, wasn’t Mr. Stutler authorized to possess the absentee ballot since it was issued to him? HE WAS AUTHORIZED TO POSSESS THE BALLOT AND DIRECTED TO PROCEDED TO THE VOTING ROOM CONTAINING THE VOTING BOOTHS PER CODE 49.84.

Thank you in advance for your prompt attention and reply to my inquiry.

Jerry A. Vander Sanden

Linn County Attorney

Linn County Courthouse

Cedar Rapids, IA 52401

Office: (319) 892-6350

Email: jerry.vandersanden

Federal election fraud activities

October 20, 2016

Per the US Attorneys for Iowa, the following activities provide a basis for federal prosecution under the statutes referenced in each category:

  • Ordering, keeping, or having under one’s control any troops or armed men at any polling place in a general or special election if one is a civil or military officer or employee of the United States government (18 U.S.C. $ 592). [Note:  The Linn County Auditor’s Office will have unarmed security guards on duty while children are present in certain polling places, e.g., daycares, and where necessary to assist voters and precinct election officials.]
  • Causing the submission of voter registrations in any election, or of ballots in federal elections, that are materially defective under State law (52 U.S.C. $ 2o511). {8}
  • Providing false information concerning an individual’s name, address, or period of residence in order to register to vote, or to vote in a federal election (52 U.S.C. § 10307(c)and 20511). {7}
  • Voting in a federal election by anyone who is not a United States citizen where citizenship is a requisite for the franchise (18 U.S.C.§ 611).
  • Falsely claiming United States citizenship in connection with registering to vote or voting in any election (18 U.S.C.§ 911, 1015(f).
  • Preventing or impeding qualified voters from participating in an election where a federal candidate’s name is on the ballot through such tactics as disseminating false information as to the date, timing, or location of federal voting activity (18 U.S.C.§ §241,242).
  • Registering to vote, or voting in a federal election, by persons who are not entitled to vote under State law, most notably persons who have lost the franchise under State law upon conviction of a serious crime, or by persons who are not United States citizens (52 U.S.C.§ 20511). {6} 
  • Malfeasance by election officials acting “under color of law”, such as diluting valid ballots with invalid ones (“ballot box stuffing”), rendering false vote tabulations, or preventing valid voter registrations or votes from being given effect in any election (18 U.S.C.§ 241, 242), as well as, in elections where federal candidates are on the ballot(52 U.S.C.§ 10307(c), 10307(e), and 20511). {5}
  • Intimidating voters through physical force in any election (18 U.S.C.§ 245(b)(1)(A)); or through physical or economic intimidation in connection with registration to vote, or with voting in a federal election (52 U.S.C.§ 20511 {4} , 18 U.S.C.§ 594). If the victim is a federal employee, intimidation in connection with all elections is prohibited (18 U.S.C.§ 610).
  • Multiple voting in a federal election, voting in a federal election for individuals who do not personally participate in the voting act attributed to them, or impersonating voters in a federal election (52 U.S.C. § 10307(c), 10307(e), and 20511). {3}
  • Paying individuals to register to vote, or to vote in elections where a federal candidate’s name is on the ballot (52 U.S.C. § 10307(c) {1}, 18 U.S.C. § 597), or through the use of telephones or the mail in those States where vote buying is a “bribery” offense (18 U.S.C. § 1952), or in federal elections in those States where purchased votes or registrations are voidable under State law (52 U.S.C. § 20511). {2} 
  • l Former 42 U.S.C. § 1973i(c).
  • 2 Former 42 U.S.C. § 1973gg-10.
  • 3 Former 42 U.S.C. § 1973i(c), 1973i(e), and 1973gg-10.
  • 4 Former 42 U.S.C.§ 1973gg-10
  • 5 Former 42 U.S.C.§ 1973i(c), 1973i(e), and 1973gg-10.
  • 6 Former 42 U.S.C.§ 1973gg-10
  • 7 Former 42 U.S.C.§ 1973i(c) and 1973gg-10
  • 8 Former 42 U.S.C. $ 1973gg-10.

-Joel D. Miller – Linn County Auditor

Jury summons forms contradict voter registration forms

February 17, 2016

Lying on a jury summons form (JSF) is against the law (Code of Iowa Chapter 607A.7) and lying on a voter registration form (VRF) is against the law (Chapter 39A.2). So why would someone indicate they were a US citizen on a VRF and indicate they were a non-US citizen on a JSF?

A recent complaint to my office identified three individuals whose answers to the US citizen questions on the JSF and VRF contradicted each other. An investigation by the Linn County Sheriff concluded that two of the three individuals erred in indicating they were non-US citizens on the JSF.  The third individual was not a US citizen even though he had voted in a 2012 election and he remains registered to vote.  We are attempting to contact the third individual to ask him to unregister to vote assuming he has not been recently naturalized.

Can these three individuals be charged with answering the US citizenship questions in error? Unlikely.  Why?  Because evidence of intent must exist and intent cannot be proven at this time.  Note, the statute of limitations has expired on the vote cast in 2012.

Going forward, my office will review the Linn County District Court’s JSFs and compare those with non-US citizen responses to our voter registration records. Any future contradictions between the JSFs and VRFs will be turned over to the Sheriff to investigate.

I hope the Linn County residents incorrectly answering the citizenship questions on the JSFs and VRFs merely erred and did not harbor any intent to shirk their duty to serve on juries or to vote when they did not have the right to vote.

Thank you for bringing this issue to my attention!  -Joel D. Miller – Linn County Auditor

Linn County convicts 10 of election misconduct

September 5, 2009

From time to time, especially just before an election, we receive inquiries on what happens to voters who might take advantage of Iowa’s election day registration laws. For example, the thought is that a voter might go to one precinct and vote and then go to another precinct and vote a second ballot. Or they request an absentee ballot be sent to their home in Texas – mark the ballot and mail it back to us – and then show up at another precinct on election day and via election day registration laws vote a second ballot. I’m unaware of anyone in Linn County voting two ballots for the same election.

After the November 2008 election, some voters were charged with election misconduct because they voted when they should not have voted, e.g., they lost their right to vote and it had not been restored at the time they voted.

I searched Iowa Courts Online and found ten convictions for election misconduct:

06571 FECR081426
06571 FECR081524
06571 FECR082300
06571 FECR082294
06571 FECR081306
06571 FECR081309
06571 FECR081310
06571 FECR081313
06571 FECR081312
06571 FECR081397

And three cases pending action:

06571 FECR081398
06571 FECR081305
06571 FECR081308

I’m hoping the publicity, if any, of the convictions will discourage people from voting when they should NOT be voting.

And I’m hoping those that have the right to vote will take the time to become educated on the candidates/issues and that they will then exercise their right to vote.

The next election is on Tuesday, September 8th. The polls in Linn County are open from Noon to 8pm. Please make voting a priority in your life.

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