# Paul Pate



Iowa secretary of state backpedals on ballot drop box crackdown

Iowa Secretary of State Paul Pate will not seek to prevent county auditors from setting up drop boxes outside their offices for voters to hand-deliver absentee ballots, he announced on Iowa Public Television’s “Iowa Press” program on August 28.

The same day, state elections director Heidi Burhans told county auditors in writing that “a no-contact delivery system” for absentee ballots will be allowed “at your office or in the immediate outside area of your office building.”

Pate still maintains county auditors cannot set up drop boxes “throughout the community,” a warning shot at Linn County Auditor Joel Miller.

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Republicans press weak case against Linn, Johnson absentee mailings

Donald Trump’s presidential campaign and four Republican Party entities filed suit on August 12, seeking to invalidate tens of thousands of absentee ballot request forms in two large, Democratic-leaning Iowa counties. The plaintiffs allege Linn County Auditor Joel Miller and Johnson County Auditor Travis Weipert committed “illegal actions” when they mailed absentee ballot request forms that were pre-printed with voters’ information.

The Republican lawsuit is heavy on political posturing but fails to lay out a convincing legal case.

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Conflict escalates over absentee request mailings in Linn, Johnson counties

Republican Secretary of State Paul Pate appears to be on a collision course with election administrators in Iowa’s second- and fourth-largest counties, which both lean Democratic.

Linn County Auditor Joel Miller and Johnson County Auditor Travis Weipert have proceeded with mailing absentee ballot request forms to every active registered voter in their jurisdictions, with voters’ information filled in. Miller’s office has nearly completed is mailing, and thousands of Linn County voters have already returned their forms. Weipert’s staff mailed the first batch of pre-filled absentee ballot request forms to Johnson County residents on July 27.

The same day, Pate’s staff attorney wrote to Miller and Weipert, asking dozens of questions about the mailings and demanding a broad array of relevant documents. Those letters sounded like the precursor to legal action.

Also on July 27, the lead attorney for the Republican National Committee asked Pate to take emergency action to block the Linn and Johnson County mailings and declare the forms invalid. His letter indicated that the national party may sue to stop Miller and Weipert from giving voters in their counties a supposedly “unconstitutional advantage in the November election.”

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Deep dive on Iowa's record-setting 2020 primary turnout

More Iowans than ever participated in the 2020 primary, and the event changed some features of the Iowa electorate. For the first time in at least 20 years, people who choose not to affiliate with any party don’t comprise a plurality of registered voters. Democrats and Republicans both outnumber no-party voters now.

In other ways, the 529,586 Iowans who cast ballots in the June 2 election resembled past primary voters. For instance, nearly three-quarters of them were at least 50 years old, while about 13 percent were under age 35. Those proportions by age group are remarkably close to corresponding figures from the 2018 primary, when only 288,749 Iowans voted.

Follow me after the jump for a closer look at this year’s expanded voter universe by party, gender, and age.

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Linn County auditor proceeds with mailing that Republicans tried to stop

Some 63,245 absentee ballot request forms are en route to Linn County residents, with voters’ names, birth dates, addresses, and personal identification numbers filled in. Joel Miller, the top elections official in Iowa’s second-largest county, supervised the delivery of envelopes containing the forms to the U.S. Postal Service Bulk Mail Center in Cedar Rapids on the afternoon of July 20, he told Bleeding Heartland.

Iowa Secretary of State Paul Pate and Republican lawmakers moved on July 17 to block Democratic county auditors from sending pre-filled absentee ballot request forms. However, Miller said his research indicated neither Pate nor state lawmakers had the legal authority to stop his mailing. The Secretary of State’s office did not file for an injunction or serve notice of any impending lawsuit.

Postage for the first installment of Linn County’s mailing will cost $24,412.57, according to Miller. But pre-filling the forms will save his office a significant amount of staff time, as fewer forms will come back incomplete or with the wrong voter PIN.

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Iowa Republicans ready to back statewide absentee mailing—with a catch

Iowa Secretary of State Paul Pate kept quiet for weeks.

He said nothing in public as Republican lawmakers sought to stop him from taking steps that contributed to record-breaking turnout in Iowa’s primary election.

He said nothing when legislators agreed to allow him to exercise emergency powers over an election only with approval from the GOP-dominated Legislative Council.

He had no public comment when Governor Kim Reynolds signed that bill.

Nor did he react when Republicans on the Legislative Council voted down a Democratic motion to let the secretary of state send absentee ballot request forms to all registered Iowa voters before the November election.

Pate’s staff did not respond to journalists’ inquiries about whether he would attempt to send a universal absentee request mailing this fall.

The secretary of state finally broke his silence on July 16 with a written proposal to mail every active registered Iowa voter an absentee ballot request form. But that’s not all. Pate’s also seeking to stop county auditors from making it easier for their constituents to return complete and accurate requests for absentee ballots.

Republicans on the Legislative Council will surely approve Pate’s request when they meet on July 17. But it’s not clear the secretary of state has the legal authority to limit what county auditors send voters.

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Linn County auditor dares Iowa SOS to stop planned absentee ballot mailing

Linn County Auditor Joel Miller has notified the Iowa Secretary of State’s office that he plans to begin mailing absentee ballot request forms to all active registered voters in his jurisdiction on July 20. Contrary to guidance from the state’s elections director, forms will have voters’ names, birth dates, addresses, and personal identification numbers filled in.

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Iowa elections director misstates law in warning to county auditors

A showdown is brewing between the Iowa Secretary of State’s office and county auditors planning to make it easier for voters to submit accurate and complete absentee ballot request forms for the 2020 general election.

A top deputy to Secretary of State Paul Pate warned county auditors this week not to mail absentee ballot request forms with the voter personal identification number (PIN) field filled in.

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Iowa Republicans may regret blocking statewide absentee ballot mailing

July 6 was the first day Iowans can request an absentee ballot for the 2020 general election. Under normal circumstances, I prefer voting early in person and have encouraged others to do the same. But voting by mail is by far the safest option for 2020, in light of the COVID-19 pandemic.

Republican legislators signaled last week they won’t allow Secretary of State Paul Pate to send absentee ballot request forms to every registered voter again.

Election officials in Iowa’s largest counties aren’t waiting to see how things play out. Several auditors are already making plans for their own universal mailings. Higher turnout in those counties should benefit Democratic candidates for federal offices and state legislative seats.

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Iowa SOS will need permission for future emergency election changes

Secretary of State Paul Pate will need approval from the Legislative Council in order to use his emergency powers to alter election procedures, under a bill Governor Kim Reynolds signed on June 25.

While Republicans have a majority on that legislative body, it’s not clear they would use that power to prevent Pate from repeating steps that led to record-breaking turnout for the June 2 primary.

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Senate Republicans misstate facts, misread Iowa law on absentee mailing

A wide-ranging election bill is eligible for Iowa Senate debate on June 10. Judging by the party-line vote in the State Government Committee on June 5, the Republican majority seems likely to rubber-stamp House File 2486 and send it to the Iowa House.

State Senator Roby Smith proposed many bad ideas in his 30-page amendment to that previously innocuous bill. The most controversial would prevent Republican Secretary of State Paul Pate from sending an absentee ballot request form to any voter who did not ask for one. Pate’s decision to send such forms to every registered Iowa voter contributed to record-setting turnout for the June 2 primary.

Smith has denied he is trying to suppress voting by mail. But talking points he and a Republican ally floated in recent days do not withstand scrutiny. Pate didn’t need lawmakers to appropriate state funds for the mass mailing, didn’t need legislative approval to send the forms, and didn’t exceed his authority under Iowa law.

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The 19 Bleeding Heartland posts that were most fun to write in 2019

Before the new political year kicks off with the Iowa legislature convening and Governor Kim Reynolds laying out her agenda, I need to take care of some unfinished business from 2019.

When I reflect on my work at the end of each year, I like to take stock of not only the most popular posts published on this website and the ones I worked hardest on, but also the projects that brought me the most joy. I’ve found this exercise helps guide my editorial decisions on the many days when I have time to write up only one of several newsworthy stories.

Among the 348 posts I wrote last year, these were some of my favorites:

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Reynolds vows action on voting rights backlog before Iowa caucuses

Governor Kim Reynolds promised this week that 347 people who have asked her to restore their voting rights will have their applications reviewed in time for the Iowa caucuses on February 3.

“We’re not where we need to be” on processing those applications promptly, Reynolds acknowledged during a January 7 forum for statehouse reporters, organized by the Associated Press.

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The 19 most-viewed Bleeding Heartland posts of 2019

Chasing traffic never has been and never will be my primary goal for Bleeding Heartland. If it were, I’d publish weekly posts about puppies or Casey’s pizza instead of Iowa wildflowers.

And anyone who has worked on an online news source can vouch for me: a writer’s favorite projects are often not the ones that get the most clicks.

Still, people do ask me from time what posts tend to do well, and I find it fun at year-end to recap the pieces that were particularly popular with readers. Since I started this exercise a few years ago, I’ve always uncovered some surprises.

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Can Iowa fix flawed felon database before 2020 election?

Ten months after the Des Moines Register revealed that “Iowa’s flawed felon list has been disqualifying legitimate voters for years,” and five months after voting rights advocates warned that “Iowa’s voter list maintenance practices are arbitrary and unlawful,” Secretary of State Paul Pate announced an ambitious plan to clean up the felon database.

“The new steps to ensure the system’s accuracy include a manual review of all 90,000 files,” a November 20 news release announced. The goal is to complete the task before next year’s general election.

Several unanswered questions remain about the plan.

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Is Iowa's secretary of state fully complying with court ruling on voter law?

The State of Iowa has revised the official absentee ballot request form in light of a court ruling that invalidated some sections of Iowa election law. However, the new form still lists a voter ID number as a required field, despite a court order permanently enjoining Secretary of State Paul Pate from “indicating that such information is ‘required.’”

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Paul Pate blew off warning Iowa unlawfully disenfranchises voters

Eight weeks ago, two voting rights organizations warned Secretary of State Paul Pate that “Iowa’s voter list maintenance practices are arbitrary and unlawful.” They offered to work with his staff to bring Iowa into compliance with federal and state law, Jason Clayworth reported for the Des Moines Register on August 7.

Pate didn’t even acknowledge their letter.

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Iowa absentee ballot law improved, new voter suppression plans blocked

Iowa lawmakers adjourned for the year on April 27. Bleeding Heartland continues to catch up on some of the legislature’s significant work. Previous reporting related to the 2019 legislative session can be found here.

Republicans have enacted new voting restrictions in some two dozen states this decade. Iowa became part of that trend in 2017 with a law requiring voter ID, shortening the early voting period, and imposing new absentee ballot rules that are on hold pending litigation.

The march toward voter suppression appeared set to continue, with Governor Kim Reynolds winning a four-year term and the GOP retaining control over the Iowa House and Senate last November. Senate State Government Committee chair Roby Smith introduced a horror show election bill days before the legislature’s first “funnel” deadline in March. His Republican colleagues in the upper chamber later approved a bill with most of Smith’s bad-faith proposals.

But in a plot twist, House Republicans agreed to remove all the provisions that would make it harder to vote when House File 692 came back to the lower chamber. The final version, which Reynolds signed on May 16, contained largely technical code revisions and big improvements to the process for tracking and counting absentee ballots.

Follow me after the jump for a short history of a voter suppression tragedy averted.

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Three things I learned watching Iowa House Republicans subvert democracy

The first Iowa House floor votes of 2019 are in the books, and they played out exactly as you’d expect. On two straight party-line votes, 53 Republicans rejected a Democratic effort to allow legally cast absentee ballots to be counted, then dismissed Kayla Koether’s contest of the House district 55 election result.

The chamber’s January 28 debate was enlightening. If you have a few hours to spare, I recommend watching the videos of the afternoon and evening sessions on the legislative website.

My takeaways:

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Paul Pate's error sends pro-gun amendment "back to square one"

“[A]ll of our work has been wiped away,” Iowa Firearms Coalition President Kurt Liske wrote in an e-mail to supporters on the evening of January 13. “Because of the Secretary of State’s complete failure, we must now go back to square one of the constitutional amendment process.”

Pro-gun advocates thought they were halfway toward amending Iowa’s constitution to include expansive language on gun rights, which could invalidate many existing regulations.

But Republican lawmakers will have to start over this year, because Secretary of State Paul Pate dropped the ball.

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The 18 most-viewed Bleeding Heartland posts of 2018

Sometimes I feel nostalgic for my “past life” covering Russian politics. Social media didn’t exist, and my colleagues and I had no information about which articles most interested our readers. Potential for clicks or shares didn’t factor into our story selection. We wrote up what seemed important to us.

On any given day, a half-dozen or more newsworthy Iowa politics stories present themselves, but I only have the capacity to cover one or two. I look for ways to add value: can I highlight events not covered elsewhere? Can I offer a different perspective or more context on the story everyone’s talking about?

Although chasing traffic will never be my primary goal, doing this for more than a decade has given me a decent sense of which topics will strike a chord with readers. But you never really know. Just like last year and the year before that, surprises lurked in the traffic numbers on Bleeding Heartland posts published during 2018 (353 written by me, 202 by other authors).

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Recognizing Bleeding Heartland's talented 2018 guest authors

The Bleeding Heartland community lost a valued voice this year when Johnson County Supervisor Kurt Friese passed away in October. As Mike Carberry noted in his obituary for his good friend, Kurt had a tremendous amount on his plate, and I was grateful whenever he found time to share his commentaries in this space. His final post here was a thought-provoking look at his own upbringing and past intimate relationships in light of Dr. Christine Blasey Ford’s allegations against Judge Brett Kavanaugh.

Friese was among more than 100 guest authors who produced 202 Bleeding Heartland posts during 2018, shattering the previous record of 164 posts by 83 writers in 2017. I’m thankful for every piece and have linked to them all below.

You will find scoops grounded in original research, commentary about major news events, personal reflections on events from many years ago, and stories in photographs or cartoons. Some posts were short, while others developed an argument over thousands of words. Pieces by Allison Engel, Randy Richardson, Tyler Higgs, and Matt Chapman were among the most-viewed at the site this year. In the full list, I’ve noted other posts that were especially popular.

Please get in touch if you would like to write about any political topic of local, statewide, or national importance during 2019. If you do not already have a Bleeding Heartland account, I can set one up for you and explain the process. There is no standard format or word limit. I copy-edit for clarity but don’t micromanage how authors express themselves. Although most authors write under their real names, pseudonyms are allowed here and may be advisable for those writing about sensitive topics or whose day job does not permit expressing political views. I ask authors to disclose potential conflicts of interest, such as being are a paid staffer, consultant, or lobbyist promoting any candidate or policy they discuss here.

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The ominous footnote in judge's ruling on contested Iowa House race

Democratic candidate Kayla Koether filed notice late last week that she is contesting the Iowa House district 55 election. According to the certified result following a recount, Republican State Representative Michael Bergan received 6,924 votes to 6,915 for Koether. However, 29 absentee ballots from Winneshiek County were never tallied, even though the U.S. Postal Service confirmed that they were mailed on or before the legal deadline.

Koether had hoped Polk County District Court Judge Scott Beattie would order the disputed ballots to be opened and counted. But on December 20 he dismissed her lawsuit on jurisdictional grounds, saying the state constitution and Iowa Code give the legislative branch–not the courts–power to rule on contests of elections for state House or Senate seats.

A few thoughts on what should happen next, what will happen instead, and what might have happened if Democrats had pursued a different legal strategy.

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Iowa and national 2018 election results thread

Polls just closed in Iowa, and I will update this thread frequently throughout the night as results come in. Separate posts on some of the statewide and Congressional races will be forthcoming once the outcome is clear. The Secretary of State’s website is compiling vote totals here. Anecdotal evidence suggests turnout far exceeded 2014 levels on election day.

Early voting already set a record for an Iowa midterm election. This post includes tables showing absentee ballots requested and returned in all four Congressional districts from October 9 through November 6. The numbers aren’t quite final; absentee ballots can be hand-delivered to county auditors today, and ballots arriving by mail later this week can be counted with a postmark dated November 5 or earlier.

What we know: at least 538,043 Iowans voted before election day this year. The total early vote in 2014 was 465,166. Iowa Democrats cast 186,269 early ballots in 2014. As of this morning, 230,294 Democrats had already voted. Republicans cast 178,653 early ballots in 2014 and were at 189,961 this morning. Turnout among no-party Iowa voters typically drops sharply in non-presidential years. Four years ago, 99,491 independents cast ballots; the comparable number today is 114,878.

Earlier today, I reviewed the nine Iowa Senate races most likely to be competitive and 20 Iowa House races that will likely decide control of the lower chamber.

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Attorney challenging Jason Besler's authority in court

Des Moines attorney Gary Dickey has filed an unusual civil action charging that Jason Besler “is unlawfully holding the public office of district court judge” in Iowa’s Sixth Judicial District. In a November 1 court filing, enclosed in full below, Dickey argued that “all publicly available information” indicates Governor Kim Reynolds failed to appoint Besler within the 30-day window specified by Iowa’s constitution. Bleeding Heartland reported in September that Reynolds took no formal action to appoint Besler until four days after her authority to fill the judicial vacancy had lapsed.

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Exclusive: How Kim Reynolds got away with violating Iowa's constitution

Governor Kim Reynolds swore an oath to “support the constitution of the United States and the constitution of the State of Iowa.” But when she missed a deadline for filling a district court vacancy in June, she did not follow the process outlined in Iowa’s constitution.

Public records obtained by Bleeding Heartland indicate that Reynolds did not convey her choice for Judicial District 6 to anyone until four days after her authority to make the appointment had lapsed. Nevertheless, staff assured the news media and Iowa Supreme Court Chief Justice Mark Cady that the governor had named Judge Jason Besler on time.

Reynolds and Secretary of State Paul Pate later signed an appointment and commission certificate that was backdated, creating the impression the governor had acted within the constitutionally-mandated window.

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Five ways ending straight-ticket voting could affect Iowa's 2018 election

For the first time in living memory, Iowans will not have the option of filling in one oval to vote a straight ticket for a political party in this year’s general election. Republicans eliminated straight-ticket voting here in 2017, as GOP legislators have done in several other states in recent years. The more publicized provisions of Iowa’s new law, on voter ID and signature verification, will benefit Republicans by creating obstacles for eligible voters in groups that tend to favor Democrats (people with lower incomes, college students, racial minorities, and senior citizens).

By contrast, the impact of eliminating straight-ticket voting is less clear. More Iowans filled in the Republican oval than the Democratic one in the 2014 election, the only midterm for which such statistics are available.

One thing is for sure:

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Third-party candidates on ballot for all Iowa federal, statewide races (updated)

For the first time, at least one third-party candidate has qualified for every Congressional or statewide office in Iowa. Although third parties haven’t traditionally fared well in Iowa, Libertarians had their best showing ever here in 2016 and have nominated a record number of candidates for this November. Since several U.S. House or statewide races could be very close, even a small percentage of the vote for candidates other than the Democratic or Republican contenders could become significant.

With the filing period for Iowa’s general election ballot closed as of 5:00 pm on August 25, it’s time for an overview of the landscape. The full candidate list is posted on the Iowa Secretary of State’s website. UPDATE: John Deeth notes that candidates may have filed on the last day, which wouldn’t be reflected on the version currently posted online. I will update as needed; the key point is that there will be no statewide or Congressional races in Iowa this year with only Republican and Democratic options on the ballot. SECOND UPDATE: The Secretary of State’s office uploaded an amended candidate list on August 27. No new candidates filed for statewide office, but one additional person qualified for the ballot in the fourth Congressional district. Scroll down for further details.

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Court puts four new Iowa voting restrictions on hold (updated)

A Polk County District Court has ordered that four voting restrictions Iowa Republicans enacted in 2017 will be on hold pending resolution of a lawsuit the League of United Latin American Citizens and Iowa State University student Taylor Blair filed in May. Plaintiffs had requested the temporary injunction, noting that the new law (House File 516) could disenfranchise eligible voters in various ways and would disproportionately harm Democrats, who are more likely to cast early ballots.

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Jason Kander: If you come for our right to vote, we're coming for your job

“Iowa is on the front lines of this fight for voting rights in America,” Former Missouri Secretary of State Jason Kander told state Democratic convention delegates on June 16. “And I’m here because a threat to democracy anywhere in America is a threat to democracy everywhere in America.”

The founder of Let America Vote was the only non-Iowan on the convention speaker’s list. His remarks were a highlight of the morning proceedings, so I’ve enclosed below the audio clip and full transcript. Among the memorable lines: “let’s send a message to every vote-suppressing politician in Iowa and across America that if you want to attack democracy, you’ve got to go through us. And if you want to come for our right to vote, we’re coming for your job.”

Kander has visited our state more than a dozen times in the last year and a half, raising awareness about voter suppression and headlining events for Democratic candidates or progressive organizations. Let America Vote’s executive director Abe Rakov has been based in Des Moines since last fall.

The group will particularly target the Iowa secretary of state race; Kander told reporters yesterday that Democratic nominee Deidre DeJear is “totally awesome.” (Fact check: true.) Let America Vote will also support some state legislative candidates. Last weekend they had interns out canvassing for four Democratic challengers in the suburbs of Des Moines: Heather Matson (House district 38), Karin Derry (House district 39), Kristin Sunde (House district 42), and Jennifer Konfrst (House district 43). Kander said on June 16 that Let America Vote has more than 40 interns on the ground in Iowa and knocked more than 7,000 doors here in the last five days.

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