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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.

Click here 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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