The U.S. Election Assistance Commission has determined that spending $240,000 on criminal investigations of voter fraud in Iowa was an “allowable, allocable and reasonable” use of federal Help America Vote Act funds, Ryan Foley reported for the Associated Press today. I enclose the commission’s two-page memorandum of August 13 after the jump (hat tip to Foley). A spokesman for the commission told the AP “he wasn’t aware of other states using HAVA funding for similar investigations.”

Former Secretary of State Matt Schultz made battling voter fraud a major theme of his four years in office. The full-time investigator, pulled from other work at the Iowa Department of Criminal Investigations, turned up a few examples of improper registration and voting but no evidence of any large-scale voter fraud problem. Democratic State Senator Tom Courtney was among the leading critics of Schultz’s use of HAVA funds for that purpose. In October 2012, he requested state and federal audits of the matter. Deputy State Auditor Warren Jenkins announced in December 2013 that his office’s review could not determine whether criminal investigations were a proper or improper use of HAVA funds. He advised the Secretary of State’s Office to “have a plan in place” in case Iowa needed to repay the money to the federal government later.

The commission’s ruling is a lucky break for Schultz, who was elected Madison County attorney last November after losing the GOP primary in the third Congressional district. He’s keeping busy now as state chair for Senator Ted Cruz’s presidential campaign. When Schultz seeks higher office again, he can claim he was vindicated in using federal funds to investigate fraud.

For those wondering why it took federal officials so long to consider Iowa’s use of HAVA money: because Senate Republicans refused to confirm President Barack Obama’s nominees, the Election Assistance Commission didn’t have the necessary quorum to take any official actions from 2010 until January of this year, when three new commissioners were sworn in. Senators had confirmed them during the December 2014 lame-duck session of Congress as part of a large bloc of nominees approved by unanimous consent.

UPDATE: Added below a statement from Courtney urging Secretary of State Paul Pate “to formally pledge not to use federal funds for any future voter purge effort” and to make clear “that Iowa is no longer one of the states where election officials use tax dollars to suppress voter turnout.”

SECOND UPDATE: Schultz told the AP, “This was always about improving the administration of elections.” Rita Bettis, legal director for the American Civil Liberties Union of Iowa, called it “truly troublesome for our national democracy” that Schultz’s “model of voter intimidation can now be exported to other states ahead of the 2016 General Election.”

Iowa Secretary of State Matt Schultz just can’t quit the fantasy that he has saved Iowans from a major “voter fraud” problem. A new report from the Secretary of State’s Office may serve as a welcome distraction from his record of keeping some political appointees on the payroll, but it distorts the reality of election irregularities and ignores more important factors that keep some eligible voters from having their ballots count in Iowa elections.

Most people familiar with the criminal justice system understand that a jury acquittal after less than an hour is an embarrassing loss for the prosecutor and a sign that the case should never have come to trial.

Then there’s Iowa Secretary of State Matt Schultz. Having spent major political capital (not to mention hundreds of thousands of taxpayer dollars) to spin simple errors into grand criminal conspiracies, he managed to claim victory yesterday when a Lee County jury declared an ineligible voter not guilty of perjury.

Iowa Secretary of State Matt Schultz confirmed on Tuesday that he is seriously considering running for the open seat in Iowa’s third Congressional district. He’ll make up his mind during the next few weeks.

The more I think about the potential risks and benefits for Schultz, the more I think he will go for it.  

Chief Deputy State Auditor Warren Jenkins will investigate Iowa Secretary of State Matt Schultz’s use of Help America Vote Act funding, William Petroski reported today for the Des Moines Register. Democratic State Senator Tom Courtney requested the audit immediately after Governor Terry Branstad appointed Mary Mosiman as state auditor last month. Mosiman’s predecessor, David Vaudt, did not act on Courtney’s request for an audit last year. Schultz has used federal HAVA funding to pay for a law enforcement officer charged with investigating alleged voter fraud full-time. Courtney contends that such a use falls outside federal law, which calls for HAVA funds to cover “educating voters concerning voting procedures, voting rights and voting technology.”

Mosiman delegated the audit to Jenkins because until last month, she was working as Schultz’s deputy in charge of the Secretary of State’s elections office.

Please share any relevant comments in this thread. After the jump I’ve posted reaction from Schultz and Democratic candidate for secretary of state Brad Anderson.

State Senator Tom Courtney has asked newly appointed Iowa State Auditor Mary Mosiman to conduct “a special audit of the use of HAVA (Help America Vote Act) funds by Secretary of State Matt Schultz.” Courtney has been a leading critic of Schultz’s policies to combat alleged voter fraud. He previously asked State Auditor David Vaudt and the federal Office of Inspector General to look into Schultz’s use of HAVA funds to pay for criminal investigations. Courtney points out that federal funding is intended for “educating voters concerning voting procedures, voting rights and voting technology.”

An Iowa Senate press release containing background on Courtney’s request is after the jump, along with the full text of Courtney’s letter to Mosiman. She would presumably have to assign a different staff member of the Auditor’s office to conduct any inquiry, since she’s worked for Schultz for more than two years, running the Secretary of State’s Office elections division. Mosiman has publicly defended Schultz’s policies on alleged voter fraud, including photo ID requirements that most Iowa county auditors oppose.

The criminal investigations have so far uncovered a few allegedly improper voter registrations by ex-felons and a few instances of non-citizens allegedly registering to vote or casting ballots in local or state elections. To my knowledge, those charges have not led to any convictions yet. Three cases of alleged wrongful voting by non-citizens were dropped in March because the investigating DCI agent was called up for active military duty.

March 29, 2013 

The ACLU of Iowa and Iowa LULAC today restarted their lawsuit to stop the Secretary of State from an unreliable process to remove registered voters if they cannot prove their U.S. citizenship within a limited time.

The ACLU of Iowa and the Iowa League of United Latin American Citizens (LULAC) filed papers in Polk County District court today, renewing their lawsuit against two rules filed by the Iowa Secretary of State Matt Schultz that the groups say wrongly restrict voting by qualified Iowans.

One rule would have allowed unverified challenges to another voter’s qualifications. The Secretary of State eventually voluntarily withdrew that rule. The other rule, which took effect yesterday, allows the Secretary of State to run Iowa’s registered voters through numerous federal databases to attempt to generate a list of non-citizens.

The ACLU and LULAC say that the Secretary of State was never authorized by the Iowa legislature to put his Voter Removal Rule forward, and that it will erroneously deprive qualified citizens in Iowa of their right to vote. The ACLU and LULAC cite problems with running the registered voter lists through the federal SAVE system, as well as a lack of procedural checks to protect voters once they are identified.

http://www.aclu-ia.org/2013/03/29/aclu-of-iowa-restarts-its-voter-suppression-lawsuit-against-the-iowa-secretary-of-state/

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The full-time voter fraud investigator hired by Iowa Secretary of State Matt Schultz produced his second batch of arrests yesterday. In contrast to the first group of people charged (alleged non-citizens who had voted), the latest arrests involve two convicted felons who registered to vote this year but have not cast ballots.

The official affidavits don’t include any evidence that these people intended to vote unlawfully. One believed his voting rights had been restored, while the other claimed she wasn’t paying attention to what was on the voter registration form she signed. Details are after the jump.

Iowa Division of Criminal Investigation officials announced yesterday that three residents of Council Bluffs have been arrested and charged with election misconduct, a class D felony.  

Iowa Secretary of State Matt Schultz told the Des Moines Register that he may sue the federal government for access to the Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) database. Schultz needs that database to move forward with a new procedure for removing suspected non-citizens from Iowa’s voter rolls in the future.  

A Polk County District Court judge issued a temporary injunction preventing Iowa Secretary of State Matt Schultz from implementing new rules on removing registered voters before the 2012 general election.

Yesterday a Polk County District Court judge denied Iowa Secretary of State Matt Schultz’s request to dismiss a lawsuit over emergency rules on checking Iowa’s voter rolls for non-citizens.

Meanwhile, on Tuesday Schultz answered questions about the rules at the Iowa legislature’s Administrative Rules Review Committee meeting. His responses didn’t impress the Democratic lawmakers on that committee.

Iowa Secretary of State Matt Schultz has asked a Polk County district court judge to dismiss a lawsuit over emergency voter roll maintenance rules and reject the plaintiffs’ efforts to prevent the state from implementing the new procedures. Accompanied by Attorney General Tom Miller at a joint press conference today, Schultz made his case for the new rules and the procedure through which he enacted them. This pdf file contains Schultz’s affidavit and supporting documents filed with the Polk County district court on August 16. The American Civil Liberties Union of Iowa and the League of United Latin American Citizens filed a lawsuit on August 8 challenging the rules.

After the jump I’ve posted the full text of the Secretary of State’s press release and transcribed a timeline Schultz provided to reporters today. I also enclosed details on the normal administrative rulemaking process, which provides opportunities for public comment and legislative review before new rules go into effect. While Miller defends the new rules as a “balance between ensuring voting integrity and preventing voter suppression,” I share the Des Moines Register’s view that Schultz’s proposed procedure “could prompt some legitimately registered voters to withdraw their registration to avoid risking criminal prosecution.”

CORRECTION: The Administrative Rules Review Committee will consider this matter during its next meeting on September 11, due to a scheduling conflict with the Secretary of State’s Office. I enclose below a statement from Joe Royce, the staff to the Administrative Rules Review Committee.

Secretary of State Matt Schultz declined an invitation to speak yesterday at a regularly scheduled meeting of the Iowa legislature’s Administrative Rules Review Committee. Lawmakers had invited Schultz Sarah Reisetter of the Secretary of State’s office to discuss new voter list maintenance procedures, which were not adopted through the normal rulemaking process and have already prompted a lawsuit.

What’s on your mind this weekend, Bleeding Heartland readers? I’ve enjoyed almost everything about the 2012 Summer Olympics, except for NBC’s atrocious coverage. They don’t even show most of the finalists in the diving or gymnastics events. Their evening broadcasts ignore almost all the events lacking Americans as medal contenders. They don’t broadcast the marquee track and field events live. Worst of all, they show extended previews of lousy-looking new sitcoms during their prime-time Olympics recaps.

Other news that caught my eye this weekend: U.S. Representative Mazie Hirono won yesterday’s U.S. Senate primary in Hawaii. She faces former Republican Governor Linda Lingle this November for the seat left open by retiring Democratic Senator Daniel Akaka. Veteran Iowa campaign professional Julie Stauch managed Hirono’s first U.S. House race in 2006, helping her win a crowded Democratic primary.

According to this Associated Press story, Iowa’s county auditors are not happy that Secretary of State Matt Schultz is paying for a Division of Criminal Investigation agent to spend two years investigating alleged voter fraud. That solution in search of a problem will not only cost $140,000 per year, but also leaves a full-time position unfilled in the DCI’s major crimes unit in Council Bluffs. Priorities, priorities.

Iowa Secretary of State Matt Schultz announced new steps last month to remove non-citizens from Iowa voter rolls. He’ll need to defend those actions in court soon against attorneys representing the American Civil Liberties Union of Iowa and the League of United Latin American Citizens.

UPDATE: Added Schultz’s statement below.

The Iowa Secretary of State is fixing to scare off a group of criminals who must be insanely smart. These folks commit their crimes in front of numerous witnesses. They always offer a handwriting sample first. They never get caught. They are so sly, people never even know the crime occurred.

They are Iowa's fraudulent voters.

Deputy of Elections Mary Mosiman was on the radio Monday warning about this crime. She was pinch-hitting for Secretary Schultz, who yanked himself at the very last moment. Was Schultz too embarrassed to finger these elusive voters with Mosiman's evidence? Listen to her case:

“If they did want to commit fraud, they could go in as somebody else, they could vote. They would be long gone before anybody knew about it, assuming that person that was really the voter did not come in. We still wouldn't know because when that actual person came in, the person who committed the fraud so to speak would be gone.”

Yes, unlike dumb criminals, these people leave the scene after they commit their crimes. When asked for actual instances of this crime Mosiman repeated herself:

“Personally, I can say, that if it did occur, we would never know because the person who committed that crime is long gone. Have there been any instances that have been caught and prosecuted? None that I am aware of.”

In other words, “It never happens.” If it had, the Deputy of Elections would be able to cite places and dates rather than baseless fears.

Just consider the risks these criminals take:

*They cannot impersonate a deceased voter because those names are regularly removed from the rolls.

*They cannot impersonate an inactive voter, because inactive voters already must show an ID.

*They cannot impersonate someone who has already voted, because that is a dead giveaway!

*They cannot impersonate someone who shows up later because their signature forgery would be strong evidence against them. (Plus the number of times it has happened would become known by the number of alleged forgeries. So far that number is at zero, even according to Mosiman.)

They must impersonate an active voter who does not actually show up later to vote. It must be one who would not be recognized by any poll worker or poll watcher. See how smart these criminals are! How do they do it?

Republican secretary of state candidate Matt Schultz launched a second television commercial CORRECTION: web ad called “Not the Chicago Way”:

Transcript by me:

I’m Matt Schultz, and I’m running for Iowa secretary of state because I’m worried about the future of my children and the future of your children and grandchildren. It’s time for new leadership in Des Moines, and I’m prepared to stand up and fight for fair and honest elections. Vote early, vote often might be the Chicago way, but it’s not the Iowa way. I’m Matt Schultz, and I approved this message because I’m a conservative Republican fighting to protect the most important right of all: your right to vote.

Like Schultz’s first ad, this commercial raises the specter of voter fraud without any evidence that this has been a problem in Iowa.

When Schultz says, “Vote early, vote often might be the Chicago way,” the visual is a smiling Barack Obama in front of Obama/Biden campaign signs. The hint is sure to play well with Republican primary voters, many of whom may believe the 2008 election was stolen. That’s easier to accept than the reality of a Democratic presidential candidate clobbering the Republican.

Journalists should ask Schultz if he really believes (as this commercial implies) that Barack Obama got where he is because of Chicago-style election fraud. Then they should ask him to prove that “vote early, vote often” has happened even once in Iowa during the past decade or two.

When Schultz says “I’m Matt Schultz, and I approved this message,” the visual shows the words, “TRUST BUT VERIFY.” Schultz used the same Ronald Reagan catch phrase in his first ad, although the Republican icon’s famous words have nothing to do with voter fraud.

Your unintentional comedy of the day comes from Polk County Republican Party chairman Ted Sporer’s blog, commenting on Schultz’s commercial:

The only reason to oppose photo ID for voting is to perpetuate fraud. No other good faith explanation is possible. Although we are lucky to have the rarest of animals, an honest and competent Democrat, serving as Iowa’s SoS, Mike Mauro’s Democrat colleagues are your more garden variety and ethically challenged L/S/Ds.

As I discussed here, photo ID laws threaten to disenfranchise large numbers of voters (the 12 percent of the population lacking a photo ID) in order to solve a virtually non-existent problem (impersonating another voter at a polling place). That’s why advocacy groups who work to protect “the most important right of all, your right to vote” almost universally oppose photo ID laws.

In case you were wondering, L/S/Ds means “Labor/Socialist/Democrats” in “the real Sporer” lingo.

Schultz may pander his way to his party’s nomination, but his rhetoric ignores a fact that even Sporer grudgingly acknowledges: Secretary of State Mike Mauro is honest and highly competent. No one active in politics today has done more to safeguard fair and honest elections in Iowa than Mauro.

The Republican primary campaign for Iowa secretary of state has lacked the drama and publicity of the governor’s race, but it is turning into a test of strength between a “fresh face” and a veteran of Iowa Republican politics.

The nominee challenging our outstanding Secretary of State Michael Mauro will be either Council Bluffs City Council member Matt Schultz or former State Representative George Eichhorn (“say I-Corn”).

A third Republican qualified for the ballot in this race, but I’m focusing on Eichhorn and Schultz because Chris Sanger is not a serious contender. He has no campaign staff and has raised only about $400, all at bake sales in Stuart, where the candidate and his wife own a bakery. The only newsworthy moment in Sanger’s campaign was his involvement in a meet and greet organized by a guy who thinks killing abortion providers is justifiable homicide. In fairness to Sanger, though, he may have a place in the record books for choosing the longest campaign committee name in Iowa history: Elect Chris Sanger, He Will Vote The Way People Want. Someone should have told him the secretary of state isn’t a legislator who votes on policies.

But I digress. Links and commentary about Schultz and Eichhorn are after the jump.  

Thanks to the Iowa Voters blog, I learned about a transparency project in a California county that uncovered errors made by machines counting paper ballots in the recent election. Click here for more detail on the program and the errors it revealed.

This story provides further evidence that we need verified voting across the country. Mandatory manual audits of voter-verified paper records would allay fears about malfunctions or tampering with optical scanners.

It’s great that Iowa eliminated touchscreen voting machines last year, but we also need to make sure machines are counting paper ballots accurately. I hope Secretary of State Mike Mauro will work toward this goal.

I recommend that you check out the Verified Voting site to learn more about this issue. Also, it’s not too late to urge Barack Obama to support verified voting at the federal level.

Last weekend my fellow Iowa blogger 2laneIA published a comprehensive diary on Congressman Steve King’s “greatest hits.” Click the link to read about King’s suggestion that we electrify the border fence with Mexico like we do “with livestock,” his prediction that terrorists will be “dancing in the streets” if Obama becomes president, and his pride in working to scale back funding for the State Children’s Health Insurance Program (which he calls Socialist Clinton-style Hillarycare for Illegals and their Parents). I mentioned a few more low points for King in this post.

Yesterday the man Ann Coulter calls “one of my favorites” helped warm up the crowd at Sarah Palin’s rally in Sioux City.

According to Iowa Independent, King suggested that electing Obama could be a step toward totalitarian rule:

“When you take a lurch to the left you end up in a totalitarian dictatorship,” King said.  “There is no freedom to the left. It’s always to our side of the aisle.”

Sioux City Journal political correspondent Bret Hayworth wrote on his liveblog,

10:12 a.m.: King gives the first of what will be two speaking opportunities, this one the longer, for nine minutes. He lays out several versions of the words “liberal” and “socialist” in describing Democratic presidential candidate Barack Obama. He mentions the ACORN group and earns a big “Booooo.” King said a Google search of “Acorn Fraud” gets you 2 million hits of possible stories.

King said it’s not a stretch to link Obama to the ACORN group, since he worked for them in voting matters. “Obama is ACORN… When I see Obama, I see ACORN branded on his forehead,” King said.

King has embarrassed Iowans with his bigotry and extremism for too long.

If he is re-elected, he won’t just be an irritant for Iowans. King severely disrupted the House Judiciary Committee’s efforts to question Douglas Feith in July, and I’m sure there will be more where that came from in the new Congress.

Iowa’s fifth is an R+8 district, but Rob Hubler has a real shot in this race, for reasons I discussed here.

Send a message to Steve King by donating to Hubler for Congress.