HART: 22 ballots ‘unlawfully excluded’ from state-certified results

Twenty-two ballots were “unlawfully excluded” from the state-certified results in Iowa’s Second Congressional District, Rita Hart’s campaign announced Tuesday, Dec. 22. Hart has asked Congress to review her complaint to make sure every legal vote is counted.

Hart argues thousands of ballots were left in question during the state’s initial recount. The Democratic candidate has since filed a Notice of Contest to the U.S. House of Representatives outlining why she is the winner of the race, rather than Republican Sen. Mariannette Miller-Meeks.

On Nov. 30, the state’s canvass board named Miller-Meeks the winner of the Second Congressional District race by six votes. Hart challenged the results, but sought to petition the matter to the U.S. House Committee on House Administration, rather than through the court system.

Iowa Secretary of State Paul Pate was “disappointed and disheartened” that Hart decided not to use what he says are “nonpartisan remedies” available to her.

“Iowa law provides for a nonpartisan process if a candidate for federal office wishes to contest the results of an election,” Pate said in a statement to Newton News. “A panel of Iowa judges, presided over and appointed by the chief justice of the Iowa Supreme Court, hears the contest and delivers a ruling.

“I am confident that Iowa’s non-partisan contest court would have been able to provide Ms. Hart a speedy, fair and thorough trial on the issues she has instead raised with the deeply partisan U.S. House of Representatives.

“Like many Iowans, I am disappointed and disheartened that Ms. Hart made the decision not to exhaust the nonpartisan remedies available to her here in Iowa. The will of Iowa voters should not be overturned by partisan Washington, D.C. politicians.”

Of the 22 ballots Hart says were legally cast in Des Moines, Johnson, Marion, Scott and Wapello Counties, 18 voted for her, three voted for Miller-Meeks and the remainder was an undervote for neither candidate.

If Hart’s claims are true and accepted by Congress, the Democratic candidate will have won by nine votes (196,976 for Hart and 196,967 for Miller-Meeks).

According to a press release from Hart’s campaign, two curbside ballots cast by voters living with a disability in Scott County did not have their votes counted. The campaign also claimed nine Marion County voters did not have their ballots counted in the initial canvass and were left out of the recount.

One provisional ballot by a voter in Johnson County had provided proof of residency and identity by the Nov. 9 deadline but was uncounted because of an election night error. One absentee ballot voter in Johnson County was “unlawfully rejected” due to the location of a signature on an affidavit envelope.

Two absentee ballot voters in Johnson County received pre-sealed ballot envelopes and had to unseal them to place their ballots inside. Hart’s campaign said these were not counted. Five other absentee ballots in Johnson and Scott Counties were not counted because they were not properly sealed.

Two absentee ballots in Des Moines and Wapello Counties were placed in drop boxes by the deadline but were rejected. Hart’s campaign said these particular ballots were collected in drop boxes in Linn County. Hart said nothing is more important than ensuring every Iowan has their cote counted.

“Everyone has acknowledged that there are uncounted votes left and after reviewing those ballots and making sure they are counted, it will be clear that I have won this election,” Hart said in a statement. “It is crucial to me to make sure that this bipartisan review by the U.S. House is fair.

“Iowans deserve to know that the candidate who earned the most votes is seated. I am that candidate.”

Contact Christopher Braunschweig at 641-792-3121 ext. 6560 or cbraunschweig@newtondailynews.com