A public test of Rice County voting equipment is conducted in the Rice County Board Room. (File Rice County photo)
A civil lawsuit claims Rice County has not properly responded to data requests for documents regarding elections equipment. An attorney for the county says the requested documents simply "do not exist" and all the county’s voting systems comply with state law.
A public test of Rice County voting equipment is conducted in the Rice County Board Room. (File Rice County photo)
The lawsuit was filed recently against Rice County Director of Property Taxes and Elections Denise Anderson by a Lonsdale resident and an attorney from Albert Lea who ran unsuccessfully for Congress.
The civil lawsuit outlines document requests made by Kathleen Hagen and attorney Matt Benda. They filed requests under the Minnesota Government Data Practices Act, which requires governmental entities to make many documents available to members of the public upon request.
Hagen made the first request in October 2021 for “all public records” involving the county’s “electronic poll books, scanning and tabulation machines, modems, hotspots and routers.” The county only “briefly, vaguely and incompletely” responded, a lawsuit document claims.
Benda, who ran as a Republican in the special election to fill former U.S. Rep. Jim Hagedorn’s seat, filed a similar request in May and he claims he also received a brief, vague and incomplete response.
Both plaintiffs went on to submit additional requests that they say have not adequately been fulfilled.
“The plaintiffs are simply asking for transparency regarding the important act of administering our elections,” Benda said in a statement.
Benda said the “unanswered requests” involve electronic voting equipment “hardware, software, and other election data.”
Attorney Anne Goering, who is representing the county, maintains that the county “fully complied” with the state records law requirements.
“The plaintiffs in this case are seeking documents that do not exist, and they are unwilling to accept that the data does not exist,” she said.
While Benda said he hopes to gain “voluntary cooperation in obtaining this data,” the lawsuit asks a judge to compel the county to release more documents.
A first court hearing before a Rice County judge will be held on Thursday.
Goering said she hopes the case will be “promptly dismissed once a judge has the opportunity to review it.”
The lawsuit also asks the judge to order the county not to destroy any requested documents. It proposes a civil fine be levied against the county and seeks unspecified compensation for attorneys costs.
The suit also suggests that the county has used voting equipment that is not secure, including untested internet modems. Goering said modems and other equipment are tested.
“The county has fully complied with its obligations with respect to its voting systems, which have been certified by the Minnesota Secretary of State,” she said. “The county has completed its public testing of its voting system in accordance with state law, and everything passed.”
Reach Associate Editor Kristine Goodrich at 507-333-3134. ©Copyright 2022 APG Media of Southern Minnesota. All rights reserved.
Data included is taken from the Minnesota Department of Health Daily reports. Because all data is preliminary, the change in number of cumulative positive cases and deaths from one day to the next may not equal the newly reported cases or deaths.
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