Supervisors discuss resolution to cover defense, fines for county auditor over election 'technical infractions'

The Johnson County Board of Supervisors discussed a draft resolution on Feb. 5 that would authorize the county to provide legal defense and pay civil penalties for the county auditor and auditor personnel arising from administrative actions under Iowa Code chapter 39A.

The resolution grew out of concerns that the Secretary of State’s office can levy “technical infractions” and related fines directly against local commissioners of elections — the county auditor and staff — after election events. Julie, the county auditor, told supervisors the office wants to follow the law and protect voters but that the statute creates a risk of personal liability for staff performing dynamic election duties.

Assistant County Attorney Ryan Moss said the draft resolution is modeled on language adopted in Mahaska County and would direct the county to step in to cover defense costs and fines for unintentional administrative violations tied to election administration. Moss noted the Secretary of State can assess fines up to $10,000 and that the county’s usual liability pool (ICAP) currently provides limited coverage — roughly $25,000 for these matters — whereas the Mahaska arrangement includes far larger coverage for its members.

Supervisors asked clarifying questions about precedent: Julie and others recalled a prior lawsuit against a former auditor in which the county provided a defense and the official was cleared. Board members emphasized the county would not defend actions clearly outside an employee’s duties.

No formal vote occurred. Supervisors asked that the resolution be placed on the formal agenda for a vote next Thursday after staff finalizes language and the county attorney’s office reviews the draft.

Ending: The board did not adopt the resolution at the Feb. 5 work session; staff and the county attorney will finalize language and return the item to the board for formal consideration next week.