The Mercury News

Democrat Finkenauer knocked off U.S. Senate primary ballot

- By David Pitt

DES MOINES, IOWA >> A state court judge has concluded that Democrat Abby Finkenauer cannot appear on the June 7 primary ballot for U.S. Senate, knocking off the candidate considered by many to be the party's best chance to unseat Republican U.S. Sen. Charles Grassley.

Judge Scott Beattie, a 2018 appointee of Republican Gov. Kim Reynolds, filed a ruling late Sunday that overturned a decision by a three-member panel of state elected officials. The panel concluded last week that Finkenauer's campaign staffers had substantia­lly complied with Iowa law that requires candidates to obtain 3,500 names, including at least 100 signatures from at least 19 counties.

Two Republican­s challenged Finkenauer's petition papers, saying signatures from at least two counties did not have the required date accompanyi­ng them.

In the past, the panel, which includes the secretary of state, attorney general and state auditor, has found petitions to be in substantia­l compliance with the law even though signatures were missing or difficult to interpret. Attorney General Tom Miller and Auditor Rob Sand, both Democrats, voted to allow Finkenauer's petitions citing past precedent for giving deference to campaigns that used the proper forms and made efforts to comply with the law. Secretary of State Paul Pate, a Republican, voted against Finkenauer's petition.

Kim Schmett and Leanne Pellett, former Republican

county elections officials, challenged the signatures and then filed a court appeal of the Iowa Objection Panel's decision last week.

Beattie concluded that the panel's legal interpreta­tion was wrong and that the law clearly says each signature should be accompanie­d by a date. His decision knocked signatures from Allamakee and Cedar counties off of Finkenauer's nomination petitions, which meant her campaign failed to submit at least 100 signatures from at least 19 counties as required.

Beattie said he took no joy in the decision.

“This court should not be in the position to make a difference in an election, and Ms. Finkenauer and her supporters should have a chance to advance her candidacy. However, this court's job is to sit as a referee and apply the law without passion or prejudice. It is required to rule without considerat­ion of the politics of the day. Here the court has attempted to fulfill that role,” he said,

Finkenauer accused Beattie of doing the bidding of Grassley and his allies in Washington.

“This misguided, midnight ruling is an outrageous and partisan gift to the Washington Republican­s who orchestrat­ed this meritless legal action,” she said. “We are exploring all of our options to fight back hard against this meritless partisan attack, and to ensure that the voices of Iowans will be heard at the ballot box.”

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