PAUL D. PATE SECRETARY OF STATE LUCAS BUILDING DES MOINES, IOWA 50319 OFFICE OF THE IOWA SECRETARY OF STATE Travis Weipert Commissioner of Elections Johnson County 913 S. Dubuque Street, Suite 101 Iowa City, IA 52240 Dear Commissioner Weipert, This is an official demand for documents, pursuant to Iowa Code section 47.1(6), “The state commissioner may, at the state commissioner’s discretion, examine the records of a commissioner to evaluate complaints and to ensure compliance with the provisions of chapters 39 through 53.” On July 17, 2020 the Legislative Council approved a request from Secretary Pate to send blank ABRs to all registered voters statewide, as well as a requirement that County Auditors distribute only blank Official State of Iowa Absentee Ballot Request Forms to voters. According to statements made to the media, it appears you have made the decision to mail Johnson County voters absentee ballot request forms pre-filled with voters’ personally identifiable information. Below you will find a series of questions related to the fact pattern stated above. You are required to respond to this letter within 10 days with answers to the questions provided below and all responsive documents. If you are unable to answer any of the questions below, please indicate such in your responses along with contact information for the correct party to direct the question to. 1. Provide a copy of all records, including but not limited to, email, documents, handwritten notes, audio or video recordings, text messages and photographs related to or mentioning the recent mailing. 2. Provide a list of all individuals who were sent an absentee ballot request form mailing, including Voter Identification Number, Name, Date of Birth, Residential Address, and Mailing Address. 3. Provide a list of all individuals who Johnson County intends to send an absentee ballot request form mailing, including Voter Identification Number, Name, Date of Birth, Residential Address, and Mailing Address. 4. Provide a copy of USPS Consolidated Postage Statement PS Form 3602-N or similar receipt provided to you by the USPS, including any documents or records that indicate the USPS accepted your mailing(s). 5. Provide the time and date that each batch of mailings was delivered to the USPS. If additional batches are planned, please state the anticipated time and date of delivery. 6. Provide the name and contact information for the vendor(s) you used to develop, design, print and provide mail house and mail production services for your absentee ballot request form mailing. a. What procurement process did you use to ensure that the vendor was sufficiently capable of handling a county-wide mailing, while protecting voters’ personally identifiable information? Please include a copy of any related records in your response to this letter. b. Do you have a nondisclosure agreement in place with the vendor? If so, you are required to include a copy of it in your response to this letter. 7. Provide the names of Johnson County employees who assisted in developing, designing, and promoting the absentee ballot request form mailing, including any employee who accessed I-VOTERS related to the mailing. 8. What was the source of the mailing list used to generate the mailing? a. If I-VOTERS was the source of the mailing list, provide the name of staff member who downloaded the list from I-VOTERS. b. If I-VOTERS was the source of the mailing list, provide the criteria and methodology utilized to generate the list. 9. Name the vendor(s) who received voters’ personally identifiable information. 10. What assurances did you receive from the vendor as to the security of voters’ personally identifiable information? 11. What was the method of transfer you used to provide voters’ personally identifiable information (e.g. encrypted or unencrypted flash drive, encrypted or unencrypted file transfers, email)? 12. If the data was encrypted, what encryption standard or protocol was used? 13. Describe all steps the vendor took to manipulate, enhance, or supplement voter data acquired from I-VOTERS, or used to process the list for the actual mailing, including NCOA or postal CASS. 14. What steps have you taken to ensure that the vendor who received data with voters’ personally identifiable information has properly disposed of information. How have you verified that? 15. Did the Johnson County Attorney give you approval to disregard the State Commissioner of Election’s direction to not pre-print voters’ personally identifiable information on your absentee ballot request form mailings? a. If the Johnson County Attorney did not give you approval or you did not seek their approval, did you consult any attorney on whether you had authority to disregard the Secretary of State’s direction? If so, provide the name of the attorney you consulted and the name of the firm or organization with which they are associated. b. If outside counsel was consulted, was the Johnson County Attorney’s Office aware that outside counsel was retained for this matter? c. If outside counsel was consulted, what was the cost and what was the source of those funds? d. If the Johnson County Attorney did not give you approval or you did not seek their approval, provide the name(s) of any organization you sought advice from. 16. Did the Johnson County Attorney give you approval to disregard Section 2 of the Emergency Election Directive approved unanimously by the Legislative Council on July 17, 2020? a. If the Johnson County Attorney did not give you approval or you did not seek their approval, did you consult any attorney on whether you had authority to disregard the Secretary of State’s direction? If so, provide the name of the attorney you consulted and the name of the firm or organization with which they are associated. b. If outside counsel was consulted, was the Johnson County Attorney’s Office aware that outside counsel was retained for this matter? c. If outside counsel was consulted, what was the cost and what was the source of those funds? d. If the Johnson County Attorney did not give you approval or you did not seek their approval, provide the name(s) of any organization you sought advice from. 17. Did the Johnson County Attorney give you approval to disregard the intent of the legislature as expressed in HF2643, sections 124 and 125? a. If the Johnson County Attorney did not give you approval or you did not seek their approval, did you consult any attorney on whether you had authority to disregard the Secretary of State’s direction? If so, provide the name of the attorney you consulted and the name of the firm or organization with which they are associated. b. If outside counsel was consulted, was the Johnson County Attorney’s Office aware that outside counsel was retained for this matter? c. If outside counsel was consulted, what was the cost and what was the source of those funds? d. If the Johnson County Attorney did not give you approval or you did not seek their approval, provide the name(s) of any organization you sought advice from. 18. Provide documents or records which include communications between you or any member of your staff and another County Auditor or employee of another county. 19. Do you plan to send any additional mailings to voters in your county in calendar year 2020? If so, describe the mailings and provide copies. Sincerely, Molly M. Widen Legal Counsel