October 22 and October 28, 2004: Documents from the Attorney General and Secretary of State regarding
provisional voting issues.
For more information, contact Bob Brammer, Attorney General's Office, 515-281-6699.
Guidance Provided by Secretary of State Chet Culver
and Attorney General Tom Miller to local election officials,
October 28, 2004.
for a PDF copy of the October 28 letter
to local election officials.
In the letter of instruction
to local election officials, Attorney General Miller and Secretary Culver
maintain their view that federal law requires votes to be counted (for
federal offices only) if a person votes in the wrong precinct but right
county. However, they advise local election officials NOT to COUNT ballots
in the days after the election, and to SEGREGATE any such ballots so they
can be counted if any party pursues an election contest or other litigation
after the election to finally resolve the issue. Miller and Culver noted
that the issue has not been settled by the courts, and that it was impossible
that the issue could be finally settled prior to the election.
In all cases, the
Attorney General and Secretary of State urge precinct workers and voters
to make every effort that voters vote in the right precinct, so their
votes will be counted for every office and issue.
Statement of Iowa Attorney General Tom Miller
and legal advice provided to Iowa Secretary of State Chet Culver,
October 22, 2004
Comment of Attorney General Miller:
"The federal Help America Vote Act requires that in elections for federal office a voter who is both eligible to vote and
registered to vote in the county can vote a provisional ballot for federal offices, even if he or she goes to the wrong
precinct in that county. However, only votes for federal office will be counted for voters who vote in the wrong precinct.
"We urge voters and poll workers to make every effort to ensure that people vote in their own precinct, so their votes will
be counted for every office and issue."
[END of Tom Miller comment.]
Click here for a
copy of the October 22 legal advice letter from
Attorney General Miller to Mr. Culver.
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