In the
Matterof
Objectionto the Nominating Petition
ofJOSEPH
SENG, D.V.M.Democratic Candidate forUnited States Representative forthe Second District of Iowa
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FINDINGS
OF
FACT,CONCLUSIONS
OF
LAW,DECISION
and ORDER
On March 23, 2012, Paul McAndrew, Jr. filed an objection to the nomination petition
of
Joseph Seng, D.V.M., a Democratic candidate for the office
of
United States Representative inthe Second District
of
Iowa. The objection raised specific challenges to petition signatures frompetitions circulated in Scott, Wayne, and Wapello Counties. At the hearing to review theseobjections, Mr. McAndrew raised an additional objection to the petition from Momoe County.Mr. McAndrew alleged that this petition should be struck because the caption did not state thecandidate's county
of
residence.Pursuant to Iowa Code section 43.24, a hearing was conducted on March
27,2012,
beforeSecretary
of
State Matt Schultz, Chief Deputy Auditor
of
State Warren
G.
Jenkins,l and AttorneyGeneral Thomas
J.
Miller (collectively the "Panel"). Notice to the parties was provided asrequired by Code section 43.24(2). Paul McAndrew, Jr. appeared as objector, represented bycounsel,
Jeff
Link. Joseph Seng appeared on his own behalf and was represented by counsel,Alexander Wonio. The panel reconvened for further deliberations on March 28, 2012. Mr.McAndrew and his counsel, Mr. Link, appeared by telephone for the objector and Mr. Wonioappeared by telephone for Dr. Seng.
I
Sitting as designee for Auditor
of
State David Vaudt.
The record consists
of
official documents judicially noticed, including the nominatingpetition
of
Joseph Seng; the objection to the petition and exhibits filed by Paul McAndrew onMarch
23,2012;
supplemental exhibits
2
filed by Mr. McAndrew on March
27,2012
3;
the notice
of
hearing; and the testimony
of
Paul McAndrew and Joseph Seng.During the hearing conducted on March 27, 2012, Dr. Seng raised a counterclaim that thepanel should reconsider the Secretary
of
State's determination to reject certain petition pagesfrom Van Buren County and Davis County because one or more pages
of
those petitions failed toinclude the candidate's county
of
residence in the caption. In addition, Dr. Seng argued thatspecific signature lines that had been rejected initially by the Secretary
of
State because the lineslisted a P.O. Box, rather than a street name and number, should be included in the totalsignatures received from Davis, Wayne, and Wapello Counties.Findings
ofFact
There are twenty-four counties in Iowa's Second Congressional District. Each candidatemust collect a minimum number equal to one percent
of
the total vote his
or
her party'scandidate received for governor in the previous general election and signatures equaling twopercent
of
the total vote his or her party's candidate for governor in the previous general electionfrom twelve
of
those counties.Joseph Seng filed his nominating petition to be a Democratic candidate for Iowa'sSecond Congressional District on March 16, 2012. Upon review
of
the petition, the Secretary
of
State's office determined that Dr. Seng had submitted the minimum total number
of
signaturesand the minimum number
of
signatures from each
of
Appanoose, Cedar, Clinton, Jasper,
2
Dr.
Seng objected to the introduction
of
certain exhibits, including exhibits 9 and 18, to the extent they purport toprovide hearsay testimony.
3
The deadline to file a written challenge to a nominating petition was March 23, 2012.
See
Iowa Code § 43.24;
Candidate's Guide
to
the Primary Election,
Prepared by the Office
of
Iowa Secretary
of
State,
p.
8, April
2011
Revision. However, the Panel heard all objections and accepted all supplemental information.
2
Keokuk, Louisa, Lucas, Mahaska, Monroe, Muscatine, Scott, Wapello, and Wayne Counties.However, the Secretary
of
State's office found that Dr. Seng did not meet the minimumrequirements in Davis County and Van Buren County. In Davis County, all
of
the signaturessubmitted were disqualified because the caption on the two petition pages submitted did notinclude the congressional district number. Nineteen signatures from one
of
the two petitionpages submitted for Van Buren County were struck because the petition caption did not includeDr. Seng's county
of
residence, which resulted in the total number
of
signatures from Van BurenCounty failing
to
meet the required two percent threshold.Mr. McAndrew challenged specific signatures from Wayne, Scott, and Wapello Counties.In Wayne County, a Democratic candidate must collect sixteen signatures to meet the twopercent threshold. Dr.Seng initially submitted eighteen signatures and two
of
those signatureswere disallowed on review by the Secretary
of
State, leaving Dr. Seng with the minimumnumber
of
required signatures.
Mr.
McAndrew challenged six
of
the remaining sixteensignatures.In Scott County, a Democratic candidate must collect 522 signatures
to
meet thetwo percent threshold.
Dr.
Seng initially submitted 542 signatures.
Mr.
McAndrew challengedtwenty-eight
of
the Scott County signatures, including eight that contained an Illinois addressand another six with addresses in Clinton, Cedar, or Johnson Counties.In Wapello County, a Democratic candidate must submit
III
signatures
to
meet thetwo percent tlu·eshold. Dr. Seng initially submitted
121
signatures and five
of
those weredisallowed on review by the Secretary
of
State, leaving Dr. Seng with 116 remaining signatures.Mr. McAndrew challenged twelve
of
the remaining signatures, including four with addresses in
3
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