Iowa uncounted ballot lawsuit tossed out by judge

KCRG-TV 9

POLK COUNTY, Iowa -  An Iowa judge has dismissed a lawsuit over 29 uncounted ballots in northeastern Iowa.

Democratic Candidate Kayla Koether (KAY-ter) sued the Iowa Secretary of State Paul Pate hoping a court would force him to count the ballots.

Pate says the ballots don't have the postmark barcodes needed to qualify, by Iowa law.

Koether lost the election for State House District 55 by nine votes to incumbent Republican Michael Bergan.

KCRG-TV 9 reports Judge Scott Beattie dismissed the lawsuit because the matter is beyond the jurisdiction of the courts, and can only be settled legally by the Iowa House of Representatives.

“We agree with the judge’s ruling that, per Iowa Code and the State Constitution, the Iowa House of Representatives is the proper authority for hearing an election contest,” Pate said in a statement.

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