Auditor Miller’s statement re Secretary Pate’s proposed emergency election directive

July 17, 2020

Statement by Linn County Auditor Joel D. Miller regarding the Iowa Secretary of State’s proposed Emergency Election Directive to be considered by the Iowa Legislative Council on 17 July 2020

I believe that in the midst of the COVID-19 pandemic, those who are privileged to administer the election process must do everything reasonably possible to assist voters’ participation in a safe manner. I am hopeful the Legislative Council will approve the Secretary’s request to provide absentee ballot request forms (ABRF) to Iowa’s voters. I hope the Secretary distributes the ABRFs in a time frame that does not overly burden Iowa’s county auditors when the ABRFs are mailed by the voters to the county auditors.

I disagree with the Secretary’s attempt via his proposed directive to dictate the form in which county auditors can mail ABRFs to each auditor’s voters.

The Code of Iowa contains over 600 pages of laws pertaining to elections. For example, Election Laws of Iowa 2019, a document published by the Legislative Services Agency, is comprised of 636 pages.

In 2020, the Legislature decided to remove the Secretary’s discretion to send out ABRFs to every active registered voter in the State. Those same legislators that decided to remove the Secretary’s discretion were well aware that some of Iowa’s county auditors had mailed out ABRFs prior to the June 2nd primary election. During that same legislative session, those same legislators could have easily removed county auditors’ discretion to mail out ABRFs. They didn’t. They knowingly chose NOT to restrict county auditors’ discretion on mailing out ABRFs.

Now comes the Secretary, seeking permission from the Legislative Council to command county auditors across the State to only mail out officially prescribed blank ABRFs, i.e., if a county auditor chooses to mail out an ABRF.

I do not believe the legislative intent of the Code sections cited by the Secretary was intended to give the Secretary the discretion to pick and choose which election laws he wants to change. And I certainly do not believe the legislative intent was for the Secretary to create laws out of thin air and impose them on other duly elected officials, i.e., county auditors who have a duty to serve the voters in their counties.

What is the harm of voters in Linn County receiving an ABRF from their county auditor and one from the Secretary? None. And that exact scenario occurred prior to the June 2nd primary. What was the result of Linn County voters receiving two ABRFs – one from the Secretary and one from their county auditor? More voters than ever requested an absentee ballot and those same voters and others returned their requested absentee ballots at a rate that broke a primary election turnout record that had been set in 1994.

In summary, I applaud the Secretary’s desire to mail out ABRFs to Iowa’s voters in this unprecedented time of a pandemic. I’m glad to see that he and I are on the same page when it comes to giving our voters the option to vote safely by mail.

I find it absurd that the Secretary is planning to tell me and some of my peers how to send out ABRFs to our voters, when we took the initiative prior to the June 2nd primary to send out ABRFs weeks before the Secretary finally came to the decision to send out ABRFs across the State. The Secretary should stick to doing his job and let us do ours. | Posted by Joel D Miller – Linn County Auditor & Commissioner of Elections

Emergency Election Directive_Proposed.pdf

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From: Burhans, Heidi [SOS] [Heidi.Burhans@sos.iowa.gov]
Sent: Friday, July 17, 2020 10:03 AM
To: Burhans, Heidi [SOS]
Subject: Proposed Emergency Election Directive

Dear County Auditors, Deputies and Staff:

Thank you for taking the time to participate in our conference calls and post-election survey. It is very important that we all work together to conduct a clean, fair and secure election and keep Iowa voters, PEOs and yourselves safe during this pandemic. Based on your feedback, we are asking the Legislative Council for the ability to do a statewide absentee ballot request form mailing per the attached Emergency Election Directive. They are expected to convene today, and we will let you know as soon as a decision is made.

Here is a link to the agenda which includes call-in information: https://www.legis.iowa.gov/committees/meetings/agenda?meetingID=32076

Heidi L Burhans – Director of Elections – Office of Iowa Secretary of State Paul D Pate

 

HF2643: An unfunded mandate and administrative burden imposed on county taxpayers/voters

July 15, 2020

Yesterday (7/14/2020), LULAC and Majority Forward filed a lawsuit in Johnson County against Iowa Secretary of State Paul D. Pate – the State’s chief election official, who is responsible for the uniform operation of elections across the State of Iowa. It’s attached and it’s a good read. It took me about an hour in between interruptions to get through all 30 pages. It referenced what I’m planning to do for Linn County voters, i.e., mail them prefilled absentee ballot request forms (ABRF) including their PINs.

I’d like to emphasize a couple of points in the lawsuit that majority legislators and the Governor did not seem to consider when they approved HF2643.

1> This change in elections law was included in an appropriations bill. Isn’t it ironic that no one seems to have asked for a fiscal impact statement on this change to elections law? I told both my state representative and state senator that this legislation was going to add costs to future elections because we would need to hire more personnel to contact voters that omitted or replied with incorrect information on their ABRFs.

2> No two voters will necessarily be treated the same whether from the same county or from different counties. For example, an in-person voter voting at an auditor’s office or at the polls on election day will always be offered a provisional ballot if they are lacking the proper identification or don’t qualify to vote a regular ballot for some reason. The same is not true for an absentee voter voting by mail. If they submit a defective ABRF to our office, they will have to cure the defect before an absentee ballot will be mailed to them. We never mail out provisional absentee ballots to absentee ballot requestors.

If you’re voting address is in Linn or Johnson counties, we are planning to mail active voters prefilled ABRFs including PINs. As of this writing, if you live in Black Hawk or Dubuque counties, you may receive an ABRF, but they won’t be prefilled – see KCRG TV 7/15/2020. And finally, if you live in Benton, Jones, Buchanan, Tama, or Iowa counties, those county auditors are NOT mailing out ABRFs – see KCRG TV 7/7/2020.

LULAC and Majority Forward are correct in asserting that voters across the State will be treated differently depending on their voting addresses. Don’t blame me or my peers who are mailing out ABRFs to our constituents, thereby reducing the impact of the Legislature’s unfunded mandate, reducing the administrative burden on our voters, and/or creating inequities between counties. Many of my peers foresaw exactly what is occurring now, and asked for a seat at the table when HF2643 and other senseless changes were being made to Iowa’s election laws. We were ignored.

I’m going to do my best to keep my constituents safe and healthy if/when or however they choose to engage in the upcoming election. I would be negligent to do otherwise. Posted by Joel D. Miller – Linn County Auditor & Commissioner of Elections

LULAC Pleading01 Petition at Law and Equity 071420.pdf

LULAC Pleading02 Motion for Special Assignment 071420.pdf

LULAC Pleading03 Notice of Conflict 071420.pdf

Linn County Auditor puts Iowa Secretary of State on notice

July 11, 2020

On July 2nd, I put the public on notice that I intended to mail out absentee ballot request forms (ABRF) to include a voter’s personal identification number (PIN), to every active voter in Linn County – see link in my email.

On July 6th, the Iowa Secretary of State put me on notice that I could not send my voters a prefilled ABRF with their PIN.

Today, July 11th, I’m giving the SoS notice of my intent to start mailing ABRFs including PINs on July 20th.

Stay tuned,

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

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Molly M. Widen – Legal Counsel

Office of Iowa Secretary of State Paul D. Pate

Via email

11 July 2020

Dear Ms. Widen:

RE:  Notice of intent to mail prefilled absentee ballot request forms to Linn County’s active voters

On July 6th, I received the email below from Director of Elections Heidi Burhans, which indicates, “The ID Number field can NOT be pre-populated ….” onto prefilled absentee ballot request forms (ABRF) mailed to voters.

I, as the County Auditor of Linn County, duly authorized as the County Commissioner of Elections, and as a custodian of voter records, including Voter Identification Numbers and Four-digit PINs (personal identification numbers), DO NOT AGREE with the Director’s statement.

I believe that in the midst of the COVID-19 pandemic, those who are privileged to administer the election process must do everything reasonably possible to assist voters’ participation in a safe manner.  As the Secretary of State demonstrated in the state’s recent primary election, safe voting through the use of mailed ballots is a choice that many Iowans prefer.

To that end, I believe that absentee ballot request forms should be made readily available to the voters in my county, and I am taking action to assure that access.

The purpose of this email is to give the Office of Iowa Secretary of State Paul D. Pate notice of my intent to mail, in a sealed envelope addressed to each ACTIVE registered voter in Linn County, at the address best known to our office after diligent searches, sent via First Class USPS postage, a prefilled ABRF including the voter’s Four-digit Voter PIN (personal identification number).

Samples of actual ready-to-mail prefilled ABRFs are attached to this email for your information and records.  The names, dates of birth, and PINs have been redacted from these ready-to-mail ABRFs.  In each instance, an ACTIVE registered voter’s PIN will be prefilled onto the form along with the voter’s personal information.

The Office of Linn County Auditor has already expended public funds in anticipation of mailing these prefilled ABRFs.  I am giving you notice that these ABRFs will be delivered to the USPS (United States Postal System) starting on Monday, 20 July 2020.

My office gave notice to the public of its intent to send out prefilled ABRFs via a news story published in The Gazette, the County’s official newspaper, on 2 July 2020 – see The Gazette

Linn County’s voters are expecting my office to mail them prefilled ABRFs including their Four-digit PIN so that they might proceed promptly in requesting absentee ballots.

The basis for any objection to me assisting active registered voters in the manner described is not clear.  However, to the extent that there is a genuine difference of opinion grounded in public records law, I know that Iowa law provides prompt access to the Iowa District Court to address such objections.

To that end, please know of my intent (unless otherwise directed by a Court exercising jurisdiction over this matter) to start delivering prefilled ABRFs (mailed in the manner described herein) to the USPS on 20 July 2020.

Regards,

Joel D. Miller – Linn County Auditor

2 redacted ready-to-mail Linn County ABRFs 7-11-2020.pdf

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From: Burhans, Heidi [SOS] <Heidi.Burhans@sos.iowa.gov>
Sent: Monday, July 6, 2020 2:41 PM
To: Burhans, Heidi [SOS] <Heidi.Burhans@sos.iowa.gov>
Cc: Widen, Molly [SOS] <Molly.Hammer@sos.iowa.gov>; Hicok, Wes [SOS] <Wes.Hicok@sos.iowa.gov>; Livingood, Heather [SOS] <Heather.Livingood@sos.iowa.gov>; Kramer, Lance [SOS] <Lance.Kramer@sos.iowa.gov>; Cole, Dale [SOS] <Dale.Cole@sos.iowa.gov>
Subject: Absentee Ballot Request Mailer

Dear County Auditors, Deputies and Staff:

We understand that many counties are going to issue a countywide mailing of absentee ballot request forms to their voters, and some counties plan to pre-populate the fields with voters’ details.

The ID Number field can NOT be pre-populated because it is considered a confidential record per Iowa Code §22.7.72–73. The voter verification number is defined in §53.2(4)(c).

Please contact either Molly or me with any questions regarding this topic.

Heidi L. Burhans – Director of Elections – Office of Secretary of State Paul D. Pate

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

JOB POSTING: LCSO accepting applications for deputy sheriff

July 9, 2020

The Linn County Sheriff’s Office is accepting online applications for the position of Deputy Sheriff. If you know someone who is interested in law enforcement, please encourage them to apply. Applications must be submitted by 5:00 pm on Friday, August 7th.

Applicants will be required to attend physical fitness and written exam testing, which will be on Saturday, August 22nd. The physical fitness exam will be at 8:00 a.m. at Xavier High School and the written exam will be at 12:00 p.m. at the Sheriff’s Office.

Thanks!

Brian D. Gardner
Sheriff
LINN COUNTY SHERIFF’S OFFICE

A Credible Leadership Organization310 2nd Ave. SW | Cedar Rapids, IA 52404Ph: 319-892-6100 | Fax: 319-892-6276LinnCounty.org | @LinnIASheriff

Deputy Recruitment Poster-Summer 2020.pdf

Vote by mail ain’t broke – don’t fix it

June 4, 2020

By all accounts, Iowa’s June 4th primary election was a resounding success. More citizens than ever participated, and while we won’t know for maybe two weeks whether anyone who worked at the polls or went to the polls left with Covid19, an overwhelming number of voters voted by mail using Iowa’s absentee ballot process.

So why is someone floating convoluted legislation to ban the Iowa Secretary of State from again mailing out absentee ballot request forms to every active registered voter before the November general election? [See attached HF2486] Evidently, someone in the Iowa Legislature has it out for voters who took advantage of the vote-by-mail process. Or they just want to discriminate against voters like me, who are over the age of 60. The interesting fact about the voters who used the vote-by-mail process is that in 64 of Iowa’s 99 counties, Republican voters were a majority of the voters who took advantage of the absentee ballot process and voted absentee. [See attached AbsenteeCounty2020]

We are all familiar with the saying, “If it ain’t broke, don’t fix it.” I don’t know who the author(s) of the attached version of HF2486 are, but unless this is a late arriving April Fool’s Joke, they need to focus on the original intent of HF2486, which was to fix the problem they created when they required us to put the County Treasurer’s seal on our official ballots – see https://www.legis.iowa.gov/legislation/BillBook?ga=88&ba=hf2486

Vote by mail ain’t broke. Don’t fix it. – Posted by Joel D. Miller – Linn County Auditor

HF2486.pdf

AbsenteeCounty2020 – More Rs voted absentee than Ds in 64 counties.pdf

Miller endorsed by Johnson and Polk County Auditors

May 17, 2020

Joel D. Miller, Linn County Auditor and June 2nd Democratic primary election candidate, is the only candidate for Linn County Auditor to be endorsed by fellow county auditors.

Travis Weipert, Johnson County Auditor, endorsed Miller and said, “Auditor Miller is always thinking ahead.  Our recent agreement to provide mutual aid to each other in the event either office is shut-down due to Covid-19 is a prime example.”

Jamie Fitzgerald, Polk County Auditor, endorsed Miller and said, “Joel Miller is tenacious at saving taxpayer resources and fighting to ensure all voters are able to easily participate in our elections.  I am proud to call him a friend.”

To see their very public endorsements, click on the Miller for Auditor postcard.

Please vote Miller for Auditor and drop off your ballot in a USPS mailbox or in the white dropbox in front of the Linn County Public Service Center.  Please do NOT hand over your ballot to a ballot harvester or a stranger.

It is not too late to donate to the Miller for Auditor campaign at http://www.venmo.com/Joel-Miller-127
Paid for by Miller for Auditor

 

Broad coalition contributes to Miller campaign

May 15, 2020

Linn County Auditor Joel D. Miller, a candidate on the June 2nd Democratic primary election ballot, filed his campaign finance report for the period ending 5/14/2020.  You can view it here.  Some quick facts about his report:

Total funds raised = $10,495

Largest contribution = $2,900

Contributors = 80

PACs = 0

Current elected official contributors = 4

Former elected official contributors = 10

Paid for by Miller for Auditor

Donate to Miller for Auditor at http://www.venmo.com/Joel-Miller-127

Stick with an experienced team

May 6, 2020

I am Joel Miller and I have been your Linn County Auditor for over 13 years. I am on the ballot in the Democratic primary election and I have an opponent.

I have been your County watchdog since 2007. I have been a nationally certified election administrator since 2009. I was Iowa’s County Auditor of the Year in 2013.

I am for automatic voter registration when citizens turn 18.

I am for improved post election audits, e.g., risk limiting audits.

I am for allowing felons to vote after they have served their sentences.

I am for all vote-by-mail elections to reduce the risk of spreading Covid19.

I oversee a great team! The anchor of our team is First Deputy Auditor Becky Shoop. She has been with the County for over 40 years. Her institutional knowledge is indispensable. She provides guidance not only to our office, but other County offices.

When a vacancy occurred on my elections team a few years ago, I hired local attorney Rebecca Stonawski as Deputy Commissioner of Elections. Her organizational skills and legal background have proved to be invaluable as election laws change from year to year.

And finally, after I successfully lobbied to get the Code of Iowa changed so that county auditors can audit county accounts and funds, I promoted Rhonda Betsworth, a CPA (certified public accountant), to Deputy Auditor to oversee the County’s accounting and property tax systems.

I am a US Army Military Police veteran, former IBEW member, former Chair of the Linn County Democrats, and former Mayor of Robins.

I am a member of Rotary, the American Legion, and the Catholic Church. My wife and I have been married for 42 years. We have 3 adult married children and 9 grandchildren.

I have been a dairy farmer, a deputy sheriff, an electronics technician for AT&T, a senior manager for Teleconnect and MCI, a senior project manager for Siemens, and an IT Director for Four Oaks of Iowa. I have owned my own profitable technology business.

This is not the time to hire an amateur to run your elections. This is not the time to hand watchdog duties over to a former county supervisor who quit to take a job in DC. This is not the time to break-up a great team.

I request you vote in the Democratic primary election.

I request you vote Miller for Auditor.  

Paid for by Miller for Auditor – Donate at http://www.venmo.com/Joel-Miller-127

Mass gatherings allowed for voting and official training

April 24, 2020

Iowa Governor Reynolds signed a new proclamation today that permits mass gatherings for voting and election official training:

ELECTION ACTIVITIES

SECTION EIGHT.  Pursuant to Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, unless otherwise modified by subsequent proclamation or order of the Iowa Department of Public Health, I hereby order that:

A.   Voting and Election Training: The prohibitions on certain mass gatherings in the Proclamations of Disaster Emergency issued on April 6 and April 16, 2020, shall not be construed to limit any person from voting or attending training for precinct election officials.

B. Use of Facilities: The closures of any school, establishment or other facilities in the Proclamations of Disaster Emergency issued on April 2, April 6, 2020, and April 16, 2020, shall not be construed to prohibit the operation of a polling place or in-person absentee voting location at the school, establishment, or other facility.

While in-person curbside voting and election voting will be available in the future, I encourage you to #BeAVoter and #VoteAtHome for your safety and the safety of your precinct election officials, which in many cases are your neighbors.

To see the Governor’s proclamation, click here.  Posted by Joel D. Miller – Linn County Auditor & Commissioner of Elections


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