Iowa House Republicans are making a mistake
Every Iowa House Republican will likely vote on January 28 to dismiss Democrat Kayla Koether’s contest of the House district 55 election. She trails State Representative Michael Bergan by nine votes according to certified results, but 29 absentee ballots that voters in Winneshiek County mailed on time remain uncounted.
Although Republicans on a special House election contest committee insist “there exists no legal authority to open and count the twenty-nine ballots in question,” they are wrong about the law. Dismissing the contest without allowing Koether to call witnesses, take depositions, or have the ballots opened will open the door to judicial review.
It’s also terrible politics.
THE MAJORITY DISREGARDED A DISTRICT COURT RULING
The House Election Contest Committee met for the last time on January 24. As expected, Republican State Representatives Steven Holt, Jon Jacobsen, and Matt Windschitl voted to recommend that the House dismiss Koether’s contest. Here’s the full text of the majority report, which the House is scheduled to consider on Monday.
This committee concludes that the relief sought by the contestant is not supported by Iowa Code 53.17, and further lacks support in Iowa Administrative Code 721-21.14(53), and the legislative history surrounding the adoption of HF 2273 in 2016.
It is clear, there exists no legal authority to open and count the twenty-nine ballots in question and thus no right to recanvass or recertify the election. The Winneshiek County Auditor and the Secretary of State have acted in accordance with the law. This committee cannot recommend the House act in violation of the laws that governed the election held on November 6, 2018.
This committee recommends the House dismiss the election contest and agrees with the official certification showing the incumbent, Michael Bergan, to be duly elected to the Office of State Representative from House District 55.
Read more: https://www.bleedingheartland.com/2019/01/25/iowa-house-republicans-are-making-a-mistake/