Iowa: Schultz fights criticism over 2012 rejected votes | Quad City Times

Iowa Secretary of State Matt Schultz defended his office Monday against what he says is unfair criticism after it was revealed that three northern Iowa voters had their ballots tossed out in the 2012 presidential election because they were wrongly classified as felons ineligible to vote. The three voters were required to cast provisional ballots when their names appeared in the database of felons. One man, Matthew Pace, appeared on a list of felons reported to the Secretary of State’s office by the Cerro Gordo County clerk of court in 2007. When he showed up to vote Nov. 6, 2012, his name was flagged and he was told he had to cast a provisional ballot. Cerro Gordo County election officials contacted the Secretary of State’s office to check the status of the voters with provisional ballots, and Schultz’s office confirmed the three individuals were on the felons list. Schultz, a Republican, frequently has faced criticism from Democrats and civil rights groups for his aggressive pursuit of voter fraud. His critics say his investigations intimidate immigrant and minority groups and scare many away from voting. Schultz has hired an Iowa Division of Criminal Investigation agent to investigate the issue for two years at a cost of $280,000 in federal funds.

Iowa: Lawmakers to probe case of ex-felons denied vote | Associated Press

Errors in state records could be denying legitimate voters the right to cast ballots, a Republican county election official from northern Iowa said. Three voters were wrongly denied the right to vote in Cerro Gordo County in northern Iowa in the 2012 presidential election, and Auditor Ken Kline said he wants an investigation to figure out how it happened and how to prevent it from happening again. One person who was never convicted of a felony and two ex-felons whose voting rights had been restored were denied votes in the election after Iowa Secretary of State Matt Schultz’s office confirmed the three were on a list of ineligible voters, Kline told The Des Moines Register for a story published Thursday. Schultz’s spokesman said his office relied on information provided by Iowa court officials and concerns about the accuracy of the list of ineligible felons should be addressed to the courts.

Iowa: Flawed databases can foul voter lists | Quad City Times

The Iowa Secretary of State’s office said Thursday it is willing to work to fix a problem that led to three northern Iowa voters having their ballots tossed out of the 2012 election. Meanwhile, officials in several county auditors’ offices said that although they think the problem experienced by the three is rare — or at least that it hadn’t happened in their jurisdictions — they recognize the statewide voter database that improperly included their names has errors. “The important thing is now that we know there was this flaw that exists, we’re going to work with the Secretary of State’s office to fix it,” said Eric Van Lancker, the Clinton County auditor who is president of the state auditor association. About 46,000 people are on the database of felons who are prohibited from voting.

Iowa: Mistakes wrongly barred 3 Iowans from voting, GOP official says | The Des Moines Register

A Republican official says errors by the state election office wrongly prevented three Iowans from voting in the presidential election last fall. And this evening, state lawmakers are calling for an investigation. Ken Kline, the Cerro Gordo County auditor, reports that three ex-felons or non-felons were mistakenly included on a list of felons who are ineligible to vote in Iowa but the problem wasn’t caught until after it was too late to include their ballots in the official tally. In a letter on Tuesday to Iowa Secretary of State Matt Schultz, a Republican, Kline expressed dismay and suggested that something be done to ensure that other names werent incorrectly included on the list of 46,000 felons. “I enjoy my job, and take pride in serving as county auditor in Iowa, where we have a strong history of fair and impartial elections,” Kline wrote in the letter. “One thing I dislike intensely is when I have to send a letter to a voter, notifying the voter his or her ballot was rejected. To have rejected a ballot based on an error or incorrect information is troubling, to say the least.”

Iowa: Secretary of State reports 9 additional cases of voter fraud in the state | Assocated Press

Iowa Secretary of State Matt Schultz on Wednesday said nine additional cases of potential voter fraud have been reported in the state, the latest development in an ongoing debate over whether officials should invest resources on such cases. The charges all involve felons who did not have their voting rights restored. Eight cases were filed in Black Hawk County, and one was filed in Lee County. “Every vote can make a big difference and Iowans expect nothing less than fair and honest elections,” he said in a statement that thanked the county attorneys who filed the latest cases. Rita Bettis, legal director for the ACLU of Iowa, said Schultz was investigating a small group of people who likely were simply confused about their voting rights.

Iowa: Changes in store for caucuses | The Des Moines Register

No remedies have yet been put in place to heal the Iowa GOP’s black eye from the vote-count embarrassment that unfolded after the 2012 Iowa presidential caucuses. Two years ago today, Rick Santorum was announced as the official winner based on a certified vote, reversing Mitt Romney’s eight-vote win announced after 1 a.m. on caucus night. Both Republican and Democratic leaders say Iowa’s leadoff spot in presidential voting is assured for the 2016 cycle, but beyond then, its privileged position remains precarious. The 2012 GOP debacle escalated ever-present criticism, and other states constantly maneuver in an attempt to grab the leadoff voting prize. Iowa Republican Party officials say changes in caucus procedures will be made this spring. They’ve been carefully weighing options, working in concert with the national party, Iowa GOP Chairman A.J. Spiker said.

Iowa: Iowa governor restores more felons voting rights | Associated Press

Gov. Terry Branstad restored voting rights to more convicted felons in 2013 than in the prior two years combined, but they represent a tiny fraction of the thousands of former offenders who can’t vote because of a 2011 policy change the governor ordered, according to a review by The Associated Press. Branstad used his power of executive clemency to restore the right to vote and hold public office to 21 offenders who applied in 2013, compared to 17 in 2012 and two in 2011, according to data released by the governor’s officer under the public records law. Those receiving clemency included people convicted of theft, burglary, drugs, firearms and harassment charges, records show. The increase comes after the governor’s office made the application process easier in December 2012 in response to criticism from voting rights groups, who argued it was too onerous and perhaps the toughest in the nation. Acknowledging such criticism, Branstad removed requirements that applicants submit a credit history check and that all court-ordered restitution be paid to victims in full before they apply.

Iowa: Hamstrung federal panel leads to stalemate over voter fraud spending | Quad City Times

Sen. Tom Courtney isn’t giving up. The Burlington Democrat is turning to the U.S. Senate in his fight against Iowa Secretary of State Matt Schultz’s federally funded investigation of alleged voter fraud. But what he’s asking for is going to be hard to get. Courtney is asking that the Senate appoint enough members to the Election Assistance Commission for it to function. Such a request may seem like a no-brainer. But the four-member federal panel, created in the aftermath of the disputed 2000 presidential election to help with election administration, currently doesn’t have a single commissioner. As the Election Assistance Commission said in its 2012 annual report, it hasn’t had a quorum since 2010. So far, that doesn’t appear to be changing. One of President Barack Obama’s nominees has been waiting two years for the Senate to act on her appointment. The other nominee has been waiting for three years. Many Republicans don’t even think the commission should exist and, the GOP leadership hasn’t put any names forward to serve on what was created as a bipartisan panel.

Iowa: State Senator: Confirm nominees so fraud work can be investigated | The Des Moines Register

An Iowa senator asked a U.S. Senate committee Wednesday to confirm appointees to a federal election commission so a decision can be made about whether Iowa Secretary of State Matt Schultz is properly using money for voter fraud investigations. Schultz, a Republican, last year agreed to pay the Iowa Division of Criminal investigation up to $280,000 over two years to investigate voter fraud. A review of those voter fraud investigations last month by The Des Moines Register found fewer than 20 cases in which charges were brought against alleged cheats and just five cases in which Iowans were convicted of election-related offenses. Sen. Tom Courtney, a Democrat, questions whether the use of the money sent to Iowa as part of the Help America Vote Act was legal. Courtney said the funds are intended for education about voting procedures, voter rights and technology, and not for “a voter fraud goose chase.”

Iowa: Felon question taken off Iowa voter forms | The Des Moines Register

Iowa is moving to revise its voter registration application to help clear up widespread confusion over felons’ voting rights, according to an administrative rule published Tuesday. The change, adopted by a bipartisan commission, would remove a question that some voters have erroneously marked indicating they are felons without the right to vote. Another revision would explain that convicted felons aren’t qualified to vote until they have their rights restored by Gov. Terry Branstad. Prospective voters still would have to attest that they are not felons without voting rights when signing the application. If the changes go into effect, as expected, a new application will be in use starting April 9. The state will gather public comment on the proposed changes through Jan. 28, and a legislative rules committee will review them in February.

Iowa: Gronstal pushes for online voter registration | KMAland

The Democratic leader in the Iowa Senate plans to push for on-line voter registration in Iowa. Senate Majority Leader Mike Gronstal of Council Bluffs says young people, in particular, expect to be able to conduct most of their personal business on-line and legislators should take steps to allow eligible Iowans to register to vote online. “Twenty states have on-line registration and have no problems with that, so that’s one of the things I’d like to see,” Gronstal says.

Iowa: Secretary of State will not follow auditor’s recommendation on funding for voter fraud investigation | Des Moines Register

Iowa Secretary of State Matt Schultz will not heed the recommendation issued this week by the State Auditor’s Office urging him to draft contingency plans in case a commission determines his office misused federal funds in a voter fraud investigation. Chief Deputy State Auditor Warren Jenkins advised Schultz in a letter dated Dec. 18 that his office should develop a plan to repay federal funds granted to the office under the Help America Vote Act in case the U.S. Election Assistance Commission decides a two-year agreement Schultz struck with the Iowa Division of Criminal Investigation to look into voter fraud cases is an ineligible use of such funds.

Iowa: Voter fraud investigation possibly financed by misused funds | WQAD.com

Iowa’s Secretary of State has been warned by the State Auditor’s Office that funds used for a voter fraud investigation may need to be repaid. According to a report by the Des Moines Register, in July of 2012 Iowa’s Secretary of State Matt Schultz launched an investigation with the Iowa Division of Criminal Investigation (DCI) to look into cases of alleged voter fraud. Schultz reportedly used Help America Vote Act funds for the investigation, which may have violated how the HAVA funds are supposed to be used. A letter dated Wednesday, December 18, 2013 from the Chief Auditor of State Warren Jenkins said that the HAVA Act doesn’t explain whether it’s permissible to use HAVA funds to investigate potential voter fraud.

Iowa: Schultz told to develop repayment plan for federal funds | Quad City Times

An official with the Iowa Auditor’s office says Secretary of State Matt Schultz should develop a repayment plan in the event the federal funds he is using for an investigation into potential voter fraud is deemed to be improper. Deputy Chief Auditor Warren Jenkins said in a letter that the federal Help America Vote Act “does not specifically address whether the investigation of complaints and potential criminal activity is an allowable expenditure under HAVA.” As a result, he recommended Schultz develop a repayment plan should his office be asked to repay the funds. Last year, Schultz struck an agreement to pay the state’s Division of Criminal Investigation to look into potential voter fraud.

Iowa: State auditor: Use of federal funds for voter fraud investigations might not be appropriate | Iowa City Press Citizen

The nearly $150,000 that Iowa Secretary of State Matt Schultz’s office has spent on a long-running voter fraud investigation may not be an appropriate use of federal money, the state auditor suggested in a letter released today. In the letter, a deputy to State Auditor Mary Mosiman recommends that Schultz’s office develop a plan to repay the costs associated with the investigation if a federal election commission decides criminal investigations are not an allowed use for funds provided under the Helping America Vote Act. The issue centers on an agreement between the Secretary of State’s Office and the Iowa Division of Criminal Investigations, in place since July, 2012, under which a DCI agent is assigned full time to investigate cases of voter fraud. To date, that effort has yielded charges in 16 cases and five guilty pleas at a cost of about $150,000.

Iowa: Secretary of State Spent $150,000 To Expose Voter Fraud, Instead Found Nothing Significant | Huffington Post

Eighteen months and $150,000 later, a rigorous voter fraud investigation commissioned by Iowa Secretary of State Matt Schultz (R) has failed to produce any statistically significant evidence of voter fraud in Iowa, according to The Des Moines Register. Since taking office in 2011, Schultz has made safeguarding the ballot box from fraud a top state priority, striking a two-year deal with the Iowa Division of Criminal Investigation in 2012 that directed $280,000 of federal funds toward voter fraud inquiries. Additionally, a full-time agent was hired and assigned to pursue voter fraud cases. Although Schultz had expected to unveil “a lot” of voter fraud cases, the investigation so far has yielded just five guilty pleas and five dismissals, The Des Moines Register reported late Sunday. Of the five guilty pleas, three of them involved felons who had completed their prison terms but whose voting rights had not yet been restored when they went to vote.

Iowa: Controversy surrounds Iowa voter fraud investigations | Associated Press

An 18-month investigation into voter fraud that has cost nearly $150,000 has led to charges against 16 people in Iowa, many of whom said they mistakenly registered or believed they were eligible to vote. Iowa Secretary of State Matt Schultz, who launched the investigation and has made ballot security a key issue, said the results show that voter fraud is a problem. But his critics scoff at that argument, saying the investigation confirmed that misconduct is insignificant in Iowa, where about 2.1 million people are registered to vote. Schultz, a Republican, signed a two-year deal with the Iowa Division of Criminal Investigation in July 2012 to assign an agent to investigating voter fraud cases fulltime. The contract allowed him to pay as much as $280,000 for the investigations. Five cases have been dismissed, while five others were resolved in guilty pleas. As part of the plea deals, three people paid fines, one received a suspended sentence and probation, and one is serving five years in prison for perjury and identity theft. So far no cases have gone to trial, though two cases’ trials are pending.

Iowa: Voter fraud probe nets few cases, no trials since July 2012 | Gannett

Iowa Secretary of State Matt Schultz has little to show for a voter fraud investigation that has gone on for nearly 18 months and cost the state almost $150,000. Schultz, a Republican who has made ballot security his signature issue since taking office in 2011, struck a two-year deal with the Iowa Division of Criminal Investigation in July 2012 to assign an agent full time to investigating voter fraud cases. Since then, according to figures provided by the secretary’s office, the effort has yielded criminal charges in 16 cases, of which five have resulted in guilty pleas and five have been dismissed. None of the cases has, as yet, gone to trial.The DCI has been paid $149,200 for its efforts so far and could receive up to $280,000 out of the secretary of state’s budget.

Iowa: Voting crackdown finally yields arrests | Quad City Times

Iowa’s highly touted crackdown on improper voting finally has resulted in some arrests that appear to justify Secretary of State Matt Schultz’ concerns. We’ll leave it to voters to decide if Schultz’ concerns merit the breadth of his two-year, $280,000 investigation. Schultz drew headlines – and some catcalls – when he cross referenced federal immigration records with Iowa voting records. Then he paid an Iowa Division of Criminal Investigation agent to follow leads. Schultz, speaking Oct. 23 at a Scott County Republican Party fundraiser in Davenport, reported 20 active cases and five convictions. He said he expects “a lot” more. The investigation yielded two arrests in Muscatine County. Both are documented immigrants charged for misrepresenting their citizenship status in an attempt to vote. Syliva Rada, 49, is alleged to have done it on an absentee ballot she filled out in 2012. Prosecutors say Mayra Lopez-Morales, 21, didn’t divulge her immigrant status on a voter registration form in 2012. Both face Class D felonies.

Iowa: State keeping partisanship off the map | Boston Globe

In a locked windowless chamber across the street from the Iowa State House, three bureaucrats sequester themselves for 45 days every decade after census data is released. Their top-secret task: the “redistricting” of the state’s legislative and congressional boundaries. But here, unlike in most other states, every care is taken to ensure the process is not political. The mapmakers are not allowed to consider previous election results, voter registration, or even the addresses of incumbent members of Congress. No politician — not the governor, the House speaker, or Senate majority leader — is allowed to weigh in, or get a sneak preview. Instead of drawing lines that favor a single political party, the Iowa mapmakers abide by nonpartisan metrics that all sides agree are fair — a seemingly revolutionary concept in the high-stakes decennial rite of redistricting. Most other states blatantly allow politics to be infused into the process, leaving the impression — and sometimes the reality — that the election system is being rigged. And it has long, maybe always, been this way.

Iowa: Polk County judge suspends voter fraud rules | The Des Moines Register

Controversial rules governing voter fraud investigations will remain suspended until the conclusion of a lawsuit challenging their legality. A Polk County judge on Wednesday issued a temporary injunction against implementation of the rules. The move is a positive development for the American Civil Liberties Union of Iowa and the League of United Latin American Citizens of Iowa, which brought the suit against Iowa Secretary of State Matt Schultz. At issue are rules written by Schultz’s office guiding the process by which the state may verify a voter’s eligibility and strip the voting rights of those found to be ineligible.

Iowa: Controversial voter rules will remain suspended during lawsuit | Iowa City Press Citizen

Controversial rules governing voter fraud investigations will remain suspended until the conclusion of a lawsuit challenging their legality. A Polk County judge on Wednesday issued a temporary injunction against implementation of the rules. The move is a positive development for the American Civil Liberties Union of Iowa and the League of United Latin American Citizens of Iowa, which brought the suit against Iowa Secretary of State Matt Schultz. At issue are rules written by Schultz’s office guiding the process by which the state may verify a voter’s eligibility and strip the voting rights of those found to be ineligible. The ACLU and LULAC argue Schultz exceeded his authority in issuing the rules, and say the rules themselves could violate eligible voters’ right to vote. They’re asking that the rules be struck down entirely. Schultz’s office, by contrast, argues the rules are appropriate and has asked the court to dismiss the case.

Iowa: Right to Life Asks the Supreme Court to Overturn Ban on Corporate Contributions | Iowa’s Appellate Blog

After scoring a relatively successful victory before the Eighth Circuit, conservative election law attorney Jim Bopp is taking his case to overturn parts of Iowa’s campaign finance law to the United States Supreme Court.  In a recently filed cert petition, Mr. Bopp — the lead counsel for Iowa Right to Life in the Iowa
Right to Live v. Tooker litigation (a case which we have previously covered on this blog here, here, and here)— has asked the Supreme Court to review two specific questions regarding the constitutionality of Iowa’s campaign finance laws. First, Iowa Right to Life wants to know whether Iowa’s ban on direct corporation-to-candidate contributions is unconstitutional under the Equal Protection Clause of the Fourteenth Amendment.  Iowa Right to Life argues that prohibiting corporations from donating directly to candidates whom they support while allowing other entities, such as labor unions, the ability to make direct contributions constitutes unequal treatment between similarly situated would-be contributors.  This argument was rejected by the Eighth Circuit.

Iowa: Lawsuit challenging voting rules advances in court | Associated Press

Two civil rights groups will proceed with their lawsuit challenging Iowa Secretary of State Matt Schultz’s authority to pass emergency voting rules in the months before an election. It comes after a judge refused to dismiss the lawsuit over the weekend. Polk County Judge Scott Rosenberg said in a ruling Saturday that since there is nothing to stop the secretary of state from attempting to pass voting rules again prior to an election, the court must hear the case and resolve the issues. “If Schultz refiles these emergency rules before a future election, the same issues will arise of whether he abused the emergency rulemaking process, exceeded his statutory authority, and violated the right to vote,” Rosenberg wrote.

Iowa: Lawsuit challenging voting rules advances | The Clinton Herald

DES MOINES — Two civil rights groups will proceed with their lawsuit challenging Iowa Secretary of State Matt Schultz’s authority to pass emergency voting rules in the months before an election.

It comes after a judge refused to dismiss the lawsuit over the weekend. Polk County Judge Scott Rosenberg said in a ruling Saturday that since there is nothing to stop the secretary of state from attempting to pass voting rules again prior to an election, the court must hear the case and resolve the issues.

Iowa: Activists Ask Judge To Block Rule Allowing Voter Purge ‘Scare Letters’ | TPM

The Iowa chapter of the American Civil Liberties Union and the League of United Latin American Citizens of Iowa have sued Iowa Secretary of State Matt Schultz (R) over a rule that aims to remove names from voter rolls if a federal immigration database suggests they are not authorized to vote. The ACLU and the LULAC filed a legal motion in Iowa’s Polk County on Wednesday asking the judge to issue a ruling in the lawsuit, originally filed last year, and permanently block Schultz’s rule. Schultz was given tentative permission to use the rule Aug. 14. If the judge approves the request, the activists will have successfully stopped the proposed voter roll purge. The rule in question allows Schultz’s office to cross reference self-identified non-citizens on voter registration rolls with the Systematic Alien Verification for Entitlements (SAVE) program, which the Department of Homeland Security operates. The SAVE program retains information on immigrants in the country on a temporary visa. If a non-citizen on the SAVE list is also listed as a registered voter a letter is sent to the registrant telling him or her that he or she might be illegally registered to vote. If the voter does not respond to that first letter, a second letter is sent reminding “the individual that registering to vote without citizenship is a felony,” according to Schultz’s office. After the second letter a voter might have to appear before a hearing to present evidence on voter eligibility.

Iowa: ACLU renews suit over voting rules | Associated Press

Civil liberties groups have renewed their court battle with Iowa Secretary of State Matt Schultz in their effort to stop him from using a federal immigration database to try to find voters registered in Iowa who might not be citizens. The American Civil Liberties Union of Iowa and the League of United Latin American Citizens of Iowa filed documents on Aug. 26 asking a judge to rule on a lawsuit they filed last year or to at least issue a temporary order to keep Schultz from using the data until the lawsuit can be decided. The lawsuit revolves around a voter removal rule Schultz proposed that went into effect March 27. The rule sets up a process to remove voters from registration rolls if Schultz cannot confirm their citizenship by comparing state records with a federal immigration database. After months of negotiations, Schultz obtained permission from the federal government Aug. 14 to get access to the Systematic Alien Verification for Entitlements program, called SAVE. It’s administered by the U.S. Citizenship and Immigration Services, a division of the Department of Homeland Security and used to confirm immigrant citizenship status to determine eligibility for certain federal benefits.

Iowa: ACLU seeks to permanently block rule on voter registration | Des Moines Register

The American Civil Liberties Union of Iowa has asked a Polk County judge to permanently block a state rule guiding the removal of ineligible voters from the rolls. The request for summary judgment in the lawsuit against Iowa Secretary of State Matt Schulz is the latest turn in a case that has gone on for nearly a year. If granted, the rule that Schultz’s office enacted earlier this year outlining a process for identifying and removing noncitizens from the state voter rolls would be invalidated. The ACLU argues Schultz does not have the power as secretary of state to write rules on such voting matters.

Iowa: Secretary of State’s office gains access to federal database for voter fraud investigation | Des Moines Register

After months of negotiations and paperwork, Iowa Secretary of State Matt Schultz said Wednesday his office will gain access to a federal immigration database it can use to investigate potential voter fraud. Schultz, a Republican, released a signed memorandum of understanding between his office and the U.S. Department of Homeland Security that will allow him to tap the Systematic Alien Verification for Entitlements, or SAVE, Program, which tracks the legal status of immigrants. “While there are still many logistics to work out in this process that may take some time, I want to thank the Federal government for finally granting my office access to the federal SAVE program,” Schultz said in a statement. “Ensuring election integrity without voter suppression has been our goal throughout this process. This is a step in the right direction for all Iowans that care about integrity in the election process.”

Iowa: State gains federal access to investigate voter fraud | The Des Moines Register

After months of negotiations and paperwork, Iowa Secretary of State Matt Schultz said Wednesday his office will gain access to a federal immigration database it can use to investigate potential voter fraud. Schultz, a Republican, released a signed memorandum of understanding between his office and the U.S. Department of Homeland Security that will allow him to tap the Systematic Alien Verification for Entitlements, or SAVE, Program, which tracks the legal status of immigrants. “While there are still many logistics to work out in this process that may take some time, I want to thank the Federal government for finally granting my office access to the federal SAVE program,” Schultz said in a statement. “Ensuring election integrity without voter suppression has been our goal throughout this process. This is a step in the right direction for all Iowans that care about integrity in the election process.”