Archive for the ‘Litigation’ Category

Will Board of Supervisors get sued?

September 14, 2017

Yesterday (9/14/2017), Linn County Supervisor Brent Oleson filed a letter (see attachment) from Nyemaster Good PC – a law firm – into the Board’s official records. Oleson indicated during his public comments that this letter was the result of the resolution he initiated last week.

I think that the Board of Supervisors has a high probability of getting sued because of Oleson’s resolution, which he and three of his fellow Supervisors approved. Time will tell if his resolution benefitted Cedar Crossing. Frankly, I think the Board’s resolution hurt Cedar Crossing’s proposals. -Joel D. Miller – Linn County Auditor

We are going to get sued

June 9, 2017

Governing magazine does a great job of gleaning news stories (see below) from around the country.  I have been reading the majority of its stories related to voter ID laws.

Even though Iowa’s recently signed Voter ID law was said to be put together to avoid the litigation occurring in other states, I have concluded – based upon the various legal challenges occurring in other states – that some county auditors – likely the Polk, Linn, and/or Johnson County Auditors – are going to get sued over the new Voter ID laws we are now responsible for administering.

I believe every county auditor in Iowa will make best efforts to keep any eligible voter from being disenfranchised on Election Day.  I believe that no matter how hard we try, our public education efforts on the new Voter ID law will not reach everyone.  And finally, I believe the end result will be that someone’s ballot, which would have been counted under the old laws, will not be counted under the new Voter ID law.

So if one voter impersonation case in the last decade or two was the motivator to change our election laws this year, then it’s reasonable to foresee that one voter, disenfranchised by the new Voter ID law, will be the motivator for someone to file a lawsuit against a county and/or the State in the future.  –Joel D. Miller – Linn County Auditor



NEWS RELEASE: Linn & Johnson County Auditors Request SoS Rescind Request on Felon Database

April 5, 2017

For more information, contact:

Joel D. Miller Travis Weipert

Linn County Auditor Johnson County Auditor

(319) 892-5333 (319) 356-6004

joel.miller tweipert


April 5, 2017

Linn & Johnson County Auditors Request SoS Rescind Request on Felon Database

LINN COUNTY AND JOHNSON COUNTY, IA – April 5, 2017 – County Auditors Joel Miller and Travis Weipert announced today their opposition to a request by the Iowa Secretary of State (SoS) to verify the status of felons in the I-Voters Voter Registration database. To date, the SoS has been responsible for the maintenance of the statewide felon database. At times the felon database has been inaccurate, which resulted in eligible voters being on the felon list who should not have been on the list – see

Non-felons wrongly put on felon list not allowed to vote (12 non-felons voters disenfranchised in 2012)

Weipert and Miller indicate this is another unfunded mandate with legal liability being shifted to Iowa’s 99 county auditors. Miller stated, "So instead of a single office in the State, i.e., the SoS being responsible for working with Iowa’s court system, the SoS is pushing the work and the liability for errors onto me and Iowa’s other county auditors."

If the Linn County Auditor honors the SoS’s request, his office will have to contact 14 county clerks of court to confirm information in the felon database. If the Johnson County Auditor honors the SoS’s request, his office will have to contact nine county clerks of court to confirm information in the felon database. Weipert indicated, "The SoS’s request is not authorized in the Iowa Administrative Code and is non-enforceable."

Miller and Weipert agree, "Based upon the pending legislation proposed by the Secretary of State’s Office, it appears the SoS wants to micromanage the elections processes occurring at the county level while at the same time pushing more work onto the counties with this, its most recent request to manage the felon database. We respectfully request that the SoS rescind its recent request to counties to administer the felon database."


%d bloggers like this: