Attorneys file competing statements with Iowa House committee in District 55 election

The attorney for Republican Michael Bergan, Matthew McDermott, and the attorney for Democrat Kayla Koether, Shayla McCormally, have filed competing statements with the Iowa House of Representative's Election Contest Committee.

The statement on behalf of Koether had been filed previously and can be read at http://www.decorahnews.com/archived-stories/2018/12/21152.html

Now Matthew McDermott has filed a statement on behalf of Bergan, which can be read in its entirety by using the link below.  McDermott's statement says the 33 absentee ballots received by the Winneshiek County Auditor after the election, but prior to the canvass of votes, "were lawfully rejected by the Winneshiek (County) absentee and special voters precinct board."  He cites Section 53.17 of Iowa Code, which was amended to allow intelligent mail barcodes to be used to determine when absentee ballots had been mailed.

McDermott's document filed with the Election Contest Committee argues that, "it is clear the legislature intended the phrase 'intelligent mail barcode..to mean mailer-applied barcodes used for Intelligent Mail Tracing, rather than the postal processing code."

McCormally's statement filed on behalf of Koether says "it was determined that 29 of those ballots were in fact entered into the federal mail system in accordinace with 53.17."

McDermott's argument is that the postal processing barcode is for internal use by the US Postal Service and "considering the postal processing barcode an 'intelligent mail barcode' is contrary to legislative intent."