Iowa election officials hope for swift ruling on ballot challenge

DES MOINES — Iowa elections officials are hoping for the prompt resolution of a challenge to Abby Finkenauer’s U.S. Senate nomination paperwork that will determine whether she will be on the primary ballot.

A hearing is scheduled Wednesday in Polk County District Court on the challenge brought by two Iowa Republicans asking that a state panel’s decision to accept the Democratic hopeful’s nominating paperwork be overturned, a move that would result in Finkenauer being taken off the ballot.

In the meantime, county auditors who oversee elections are being advised to proceed with preparing and proofing ballots for the June 7 primary “all the way up to the point of giving your vendor the go-ahead to print,” said Kevin Hall, a spokesman for Secretary of State Paul Pate.

Based on previous experience, Hall said, the courts are “very aware of tight election deadlines ... (and) know there needs to be expeditious rulings.”

“Hopefully, this will all be resolved in time for ballots to be ready to go 20 days out from Election Day,” he said.

Judge Scott Beattie intends to rule on the matter on or before April 10, which, he said, should allow the parties time to appeal his decision to the Iowa Supreme Court.

However, the primary election clock is ticking. Iowans began applying for absentee ballots March 29. The next deadline for county auditors is April 23 — 45 days before the election — when overseas voters’ ballots are to be mailed.

“So that's the biggest thing that we're kind of up against,” said Gina Edler, Benton County deputy auditor. Anything that delays the process puts more pressure on elections officials, “but as of right now, we're not feeling a big strain.”

Expecting the judge’s decision to be appealed to the Iowa Supreme Court has Johnson County Auditor Travis Weipert worried the challenge is going to “drag on forever.” He can prepare the ballot as much as possible, “but it's a pain in our side.”

The pain may be more acute for smaller counties that don’t have a local printer to prepare ballots, Weipert said.

“When you have, you know, 50 small counties all needing ballots printed at one time, it’s a headache for them,” Weipert said. “I worry about small counties that don't have the access, like we do, to printing companies and other resources here in Iowa City.”

Edler estimates she can have ballots from the printer in a “couple of days” after giving the go-ahead. However, she agreed with Weipert that depends on how many other counties are in line at the relatively few printers that handle ballots.

The court challenge arises from the decision by the State Objection Panel to accept Finkenauer’s ballot petitions despite questions about some signatures on her paperwork. As a U.S. Senate candidate, Finkenauer was required by state law to acquire at least 3,500 signatures, including at least 100 signatures each in at least 19 counties.

After the panel’s review, Finkenauer finished with exactly 19 qualifying counties, including one with exactly 100 signatures and two more with 101 each.

Two Republicans are arguing that two Democrats on the objection board should recuse themselves. In the case of Attorney General Tom Miller, some of the same issues were raised about his petitions. State Auditor Rob Sand should recuse himself, they said, because of previous legal and political animosity between the auditor and attorney Alan Ostergren who challenged Finkenauer’s petitions.

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