Archive for the ‘HAVA’ Category

CVCV059748: Linn County Auditor v Iowa Voter Registration Commission … continued

July 9, 2020

If you are interested in good government and the security of Iowa’s Voter Registration System (IVoters) as we march towards the November 3rd general election, then call into the Judicial Review Hearing on the above case at 10am CDT on Friday, 10 July 2020 using the call-in information below. I have attached all of the relevant legal briefs filed with the Court since the VRC dismissed my complaint on a 2-1 vote in January 2020.

For the hearing on Friday, please:

  1. Call 1-866-866-2244;
  2. Dial Code 5280374#

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Sent: Mon, Jul 6, 2020 8:48 am
Subject: CVCV059748: LINN COUNTY AUDITOR VS IOWA VOTER REG COMM

Counsel,

A Judicial Review Hearing is set for Friday, July 10 , 2020, at 10AM in front of Judge Porter. Judge Porter’s order filed on May 21, 2020, order indicates that the moving party shall establish a conference line with the non-moving party. Will the moving party email me the conference line phone number so Judge Porter may call into it at the time of the hearing?

Please let me know.

Mariko Lee
Judicial Specialist for the Honorable David M. Porter
Fifth Judicial District
Polk County Criminal Courthouse
110 6th Avenue, Room 420
Des Moines, IA 50309
(515) 286 – 3711
Mariko.Lee

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

REPLY BRIEF_JudicialReview.FINAL.docx

05771__CVCV059748_BRIF_84.PDF

Miller – Brief on Judicial Review – 4.23.20 – As Filed.pdf

56820031_71084657_Answer.pdf

05771__CVCV059748_OROT_8047456.Joel Miller Order Proceedings.PDF

Petition for Judicial Review.rev.dsc.final.jcl.docx

VRC decision.pdf

Miller.HAVA.Post Hearing Brief – Case #2019-01 – Final – 1.16.20.pdf

Notice of Appearance of Larew – Case #2019-01 – 1.16.20.pdf

Signed – Request for hearing – Case #2019-01 – 1.16.20.pdf

HAVA Post hearing final.pdf

Court scheduled to hear appeal on Voter Registration Commission decision

February 18, 2020

On 7/10/2020, a Polk County (Iowa) district judge is scheduled to hold a hearing on my appeal of the recent decision made by the Iowa Voter Registration Commission (VRC) on my HAVA complaint on the Iowa Secretary of State. I would have preferred that the Court hold the hearing prior to the June 2nd primary election.

The purpose of this appeal is to ask the District Court to order the VRC to fulfill its duty by holding a contested case hearing in which records can be subpoenaed and witnesses can be cross-examined – neither of which occurred in any of the VRC’s proceedings leading up to its decision. Time is of the essence and the security of our election systems in Iowa needs to be thoroughly scrutinized to ensure we have minimized our vulnerabilities. Joel D. Miller – Linn County Auditor & Commissioner of Elections

1a – Civil Original Notice – 2.13.20.PDF

1b – Petition for Judicial Review.PDF

1c – Exhibit A.PDF

1c – Exhibit B.PDF

1c – Exhibit C.PDF

2a – Order Establishing Schedule – 2.17.20.PDF

2b – Order.PDF

News coverage on HAVA complaint: Linn County Auditor v Iowa Secretary of State

January 17, 2020

A hearing on the motion to dismiss my HAVA complaint began at 10am this morning (1/17/2020). On a 2-1 vote, the Iowa Voter Registration Commission (the Presiding Officer) dismissed my complaint, ignoring Federal law, which required a hearing.

Unfortunately, this decision by the Presiding Officer set a precedent that any complaint filed against the Iowa Secretary of State can be dismissed without a hearing on the complaint.

“If you see something, say something.” I did that and never got my “day in court.” We all lost something today.

Here are the online news stories thus far:

https://www.desmoinesregister.com/story/news/investigations/2020/01/17/iowa-linn-county-auditor-complaint-voter-registration-vulnerable-dismissed/2774034001/

https://www.thegazette.com/subject/news/government/joel-miller-voters-commission-shoots-down-linn-county-auditors-complaint-over-election-security-20200117

Joel D. Miller – Linn County Auditor

The saga of my HAVA … complaint

January 16, 2020

If you want to listen-in on the motion to dismiss hearing on my HAVA complaint on the Iowa Secretary of State, please dial-in the conference call number below before 10am on Friday, 1/17/2020.

Sound quality and phone line availability are not guaranteed, but it is a public hearing and ALL ARE WELCOME TO LISTEN, but not speak (there is no public comment period on the agenda).   Joel D. Miller – Linn County Auditor

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From: Widen, Molly [SOS] [Molly.Hammer@sos.iowa.gov]
Sent: Thursday, January 16, 2020 3:06 PM
Subject: Conference Call Information

Good Afternoon,

Please use the following information to call in to tomorrow’s meeting. I will stand the line up a few minutes before 10:00 AM.

Conference Call Number: 866-685-1580

Conference Code: 0009990334

Sincerely,

Molly M. Widen – Legal Counsel – Office of Iowa Secretary of State Paul D. Pate

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


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