Election misconduct under investigation

The Washington County Auditor?s Office has uncovered a possible case of election misconduct in the District 1 supervisors? race. The case involves the delivery of absentee ballot request forms which urge the recipients to vote for a particular candidate. The origin of the letter with the absentee ballot requests enclosed is unknown.

According to a press release from the Washington County Auditor?s Office, a letter was sent to residents of District 1 with absentee ballot request forms inside. The letter was neither signed nor dated. The letter requested the voter to check the box for a primary election and to select a particular political party. The letter instructed the recipient to return the form to the Washington County Auditor.

The letter went on to instruct the voter to vote for a specific candidate once the absentee ballot was received in the mail.

In an interview Wednesday, Washington County Auditor Dan Widmer said the letter violates election law because the author does not identify himself.

The Washington County Attorney?s Office and Auditor?s Office are seeking information on the identity of the person or group responsible for the aforementioned letter or any similar letter. The phone number to the auditor?s office is 319-653-7715 and the phone number to the attorney?s office is 319-653-7746.

Widmer said that by bringing attention to this instance of possible misconduct, his office hopes to prevent similar occurrences in the future.

?What I want to do is try to preserve the integrity of the upcoming election,? he said. ?I feel this type of thing compromises that to a degree.?

Widmer said that as of Wednesday morning he had not yet had a chance to speak with the candidate whose name was mentioned in the letter. He said there is no evidence at this point that indicates the candidate mentioned in the letter created it. He said he does not know how many people received the letter.

Widmer wrote in the press release that he consulted with the Washington County Attorney?s Office about the matter and that he believed the mailing violates Sections 53.3 and 68A.405 of the Iowa Code. He wrote that he believed the mailing constitutes election misconduct under Section 39A.5.

Chapter 68 of the Iowa Code states that published material designed to advocate the nomination, election or defeat of a candidate shall include an attribution statement disclosing who is responsible for the published material. ?Published material? includes direct mailings, brochures or any other form of printed general public political advertising.

Chapter 68 of the code also states that any material published by an individual, acting independently, who spends $100 or less of his own money to advocate the passage or defeat of a ballot issue does not need to include an attribution statement.

Violation of Chapter 39A.5 is considered election misconduct in the fourth degree, which is a simple misdemeanor.