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March 28, 2018

Miller advises secretary of state: Greenfield does not qualify for ballot

Law does not permit her name on the congressional primary ballot

(DES MOINES, Iowa)  Iowa Attorney General Tom Miller has advised Secretary of State Paul Pate not to certify Theresa Greenfield’s candidacy for the Third District congressional primary ballot.

Chapter 43 of the Iowa Code does not permit Greenfield to be designated as “an additional primary election candidate,” according to the Attorney General’s legal analysis. A provision of the law “provides political parties a safety valve to fill candidate slots that unexpectedly become vacant due to the death or withdrawal of a primary candidate. Its purpose is to encourage and ensure contested primaries. It is not a do-over provision.”

“The statute envisions and requires that the original candidate fully qualify as a valid candidate. Theresa Greenfield never fully and properly qualified as a candidate since her first petition contained forgeries and her second petition did not have enough signatures,” Miller said in a statement.

“We also believe that when all relevant sections of Chapter 43 are read together, the code requires someone other than the original candidate be the replacement.”

Greenfield submitted her candidacy petition on March 14 but withdrew it, citing forged signatures. She submitted a new petition just before the deadline on March 16, but it contained too few signatures.

The Iowa Democratic Party’s Third District Central Committee voted Monday to nominate Greenfield for the primary ballot.

Secretary Pate did not certify Greenfield for the primary ballot.

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