Archive for the ‘Voter data’ 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)

More questions: Iowa declares 294,000 as ‘inactive’ voters

April 27, 2021

While the AP received answers to some questions and an acknowledgment of some facts – see https://desmoinesregister-ia-app.newsmemory.com/?publink=10a7269da … many questions remain pertaining to Linn County’s registered voters. For example:

1. Why did the Iowa Secretary of State skip inactivating 4,100 Linn County voters who did not vote in November 2020?


2. Why were pending voters inactivated?


3. Why implement inactivations without creating the required administrative rules?


4. Why make the inactivations retroactive?

5. Is the SoS going to communicate anything to the wrongly inactivated voters? Or the next of kin of deceased voters, whose status was changed to inactivated? If yes, when?

Posted by Joel D Miller – Linn County Auditor

PRESS RELEASE: Linn County Auditor’s Statement on No Activity Mailing by Secretary of State

April 23, 2021

About 23 hours ago, I issued a Notice of Technical Infraction to the Secretary of State Paul Pate. As of 4:28pm today (4/23/2021), I have not received an acknowledgement of my email from the Secretary, his chief of staff, or his legal counsel.

Between now and the time of my Notice, we have observed changes in Linn County’s voter list, which is stored in IVoters, the statewide voter registration & elections system owned and maintained by the Office of Secretary of State. We have yet to determine whether the changes are routine maintenance and/or something nefarious.

Silence leads to conspiracy theories. Transparency leads to trust. I challenge Secretary Pate to be transparent … today.

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

*********************************

For more information, contact:

Joel Miller | Linn County Commissioner of Elections | 319-892-5333 | joel.miller

For Immediate Release:

April 23, 2021

Linn County Auditor’s Statement on No Activity Mailing by Secretary of State

LINN COUNTY, IA – August 23, 2021 – In accordance with Iowa Code §39A.6, Linn County Auditor Joel Miller has issued a Notice of Technical Infraction and Letter of Instruction to Iowa Secretary of State Paul Pate.

Auditor Miller claims that the Iowa Secretary of State’s Office has incorrectly inactivated thousands of Iowa voters in a recent No Activity mailing.

Auditor Miller has identified at least three populations who were incorrectly inactivated:

· Registered voters who were 17, but not yet 18 by the November 2020 General Election day

· Pending voters

· Deceased individuals whose voting status was already cancelled – effectively sending mailers to family members that a deceased cancelled voter was now instead an inactive voter

In Linn County alone, hundreds of incorrectly inactivated voters have been identified.

Auditor Miller contends that incorrectly inactivating voters sends a chill to voters across the state. It sows distrust and uncertainty while also discouraging voters from voting.

Auditor Miller also questions whether the Secretary of State should have sent the No Activity mailer this year. Senate File 413, which was enacted in March 2021, allows the Secretary of State to send a No Activity mailer to registered voters after a General Election if they did not vote in the General Election. Generally, new laws are not retroactively implemented. The No Activity mailer should be in place for any future elections. Instead, registered voters in 2020, whether they voted or not, were inactivated by the Secretary of State’s Office.

In addition, Auditor Miller notes that the Secretary of State has not implemented administrative rules for the inactivation process nor vetted the process with any auditors, as required by law. Auditor Miller will be consulting legal counsel on this matter.

In addition to the Notice of Technical Infraction, Auditor Miller calls on Secretary Pate to immediately create a plan for notifying voters of the error and rectifying this issue.

Auditor Travis Weipert of Johnson County joins in Auditor Miller’s concerns and demands that Johnson County voters who were incorrectly inactivated be notified and re-activated. ###

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] <Paul.Pate@sos.iowa.gov>
Cc: Widen, Molly [SOS] <Molly.Hammer@sos.iowa.gov>; Ross, Michael [SOS] (Michael.Ross@sos.iowa.gov) <Michael.Ross@sos.iowa.gov>
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.

Sincerely,

Joel D. Miller – Linn County Auditor

NEWS RELEASE: Linn County Auditor Joel D. Miller Concerned by Lack of Young People Voting

October 9, 2020

LINN COUNTY, IA – October 9, 2020 – Linn County Auditor Joel D. Miller’s office has noticed a disturbing trend amongst early voters – young voters are not responding.

For example, of the first 5,580 ballots returned by mail or early in-person voting, only 578 of those ballots came from voters between 18-34 years of age.

Examples such as this have Auditor Miller concerned young people may not be voting or registering to vote. Typically, presidential election years show an increase in voter registrations. However, due to COVID-19, many door to door efforts to register people have not occurred.

The deadline for early voter registration is October 24. Voters may register at the Iowa DOT website https://mymvd.iowadot.gov/Account/Login or with a paper form from the Auditor’s Office. After registering, voters will just need to provide a valid state ID or Voter ID card when voting at the polls.

If voters miss the October 24 deadline, they can still register leading up to and on election day by providing a valid form of ID and proof of residency. Young voters may have trouble at the polling places on election day when they cannot produce the correct documentation to vote. Acceptable forms of documentation can be found on the Secretary of State’s website https://sos.iowa.gov/elections/voterinformation/voterIDfaq.html#2.

The Auditor’s Office does not record nor track racial demographics.

Visit elections or calling 319-892-5300, option 1. Posted by Joel D. Miller – Linn County Auditor & Commissioner of Elections

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#

**************************************************

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

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

 

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


%d bloggers like this: