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Attorney questions legality of Iowa voter registration form

By DAVID PITT Associated Press | Feb 08, 2013

DES MOINES (AP) — The attorney for one of a handful of Iowa residents charged for allegedly registering to vote when they weren’t U.S. citizens is focusing on a small technicality. Something too small, he argues.

David Richter said Thursday that under state law, Iowa’s voter registration form must have the same size and color of font throughout. But he argues that the text is smaller in the section of the form where residents are asked to sign their names to certify their U.S. citizenship.

“I had a font expert measure it and certify that they violated that section of the Iowa code,” the lawyer explained. “I believe the judge will find the form on its face is illegal.”

Richter is representing 51-year-old Albert Harte-Maxwell, who along with his wife, Linda, and another Pottawattamie County resident were charged in September with election misconduct and fraudulent practice.

The charges were filed amid Secretary of State Matt Schultz’s high-profile effort to fight what he says is a serious problem of voter fraud. The first-term Republican has hired an Iowa Division of Criminal Investigation agent to look into the issue for two years at a cost of $280,000 in federal funds. So far, about a half dozen people have been charged.

Harte-Maxwell and his wife are Canadian and told investigators they mistakenly believed that, as legal U.S. residents, they could vote in every election except the presidential race. The other Pottawattamie County woman charged, 40-year-old Maria Ayon-Fernandez, said she first registered in California after becoming a lawful U.S. resident in the 1980s and switched her voter registration when she moved to Iowa.

Election misconduct is a felony in Iowa.

Comments (1)
Posted by: Susan Alexander | Feb 09, 2013 19:34

$280,000 to catch 5 instances of individuals who mistakenly believed they had they right to vote? What a collossal waste of time. Teachers, roads, schools, jobs training .... I know we can find a better use for this money.    

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