WINTERSET, Iowa — A paperwork error could force Madison County’s newly appointed auditor to take the oath of office for a second time.

Matthew Schwartz, who was sworn in last Monday to replace the county’s former auditor, may have to repeat the process due to an issue with how the public was notified of his appointment. According to Iowa law Chapter 69.14A, citizens must be informed of their right to petition for a special election — language that was apparently missing from the official public notice.

Section a(1) reads: The appointment shall be for the period until the next pending election as defined in section 69.12, and shall be made within forty days after the vacancy occurs. If the committee of county officers designated to fill the vacancy chooses to proceed under this paragraph, the committee shall publish notice in the manner prescribed by section 331.305 stating that the committee intends to fill the vacancy by appointment but that the electors of the district or county, as the case may be, have the right to file a petition requiring that the vacancy be filled byspecialelection. The committee may publish notice in advance if an elected official submits a resignation to take effect at a future date. The committee may make an appointment to fill the vacancy after the notice is published or after the vacancy occurs, whichever is later. A person appointed to an office under this subsection shall have actually resided in the county which the appointee represents sixty days prior to appointment.

Despite the apparent error and a need to be re-sworn, Schwartz’s staff confirmed to WHO 13’s Katie Kaplan that he was in the auditor’s office on Tuesday and planned to continue to carry out his Auditor duties.

The initial notice intended to inform the public about the issue, lacked essential details and caused confusion. This “Notice of Intent to Appoint to Fill” included only the following text:

Public Notice of Intent to Appoint to Fill
Vacancy of Office of Madison County Auditor
Pursuant to Iowa Code Chapters §69.14A and §331.305
The Madison County Board of Supervisors intend to fill the vacancy of Office of County
Auditor by appointment. The person appointed will conduct the duties of that position until
the seat appears on the General Election ballon in November 2026. Qualified applicants
must be a resident of Madison County. Duties of the Count Auditor are listed in §331.501-
§331.513. Fiscal year 2025/2026 salary for County Auditor is $80,424, with benefits of
health insurance and IPERS.
The appointment process will begin at 9:30 a.m., on July 22, 2025, in the basement of the
Madison County Annex, 201 W. Court, Winterset, Iowa.
Notice is further given that the electors of Madison County have the right to file a petition in
accordance with Code of Iowa 69.14A requesting a Special Election. Said petition shall be
filed with the County Auditor within 14 days after the vacancy is filled by appointment. The
petition shall meet the requirements of Code of Iowa 331.306.

In addition, the notice was posted only on the county’s homepage and the Auditor’s page. It was not placed on the Board of Supervisors’ page, where most public meeting information is traditionally posted.

When WHO 13 reached out to staff within the Madison County Auditor’s Office for clarification Tuesday afternoon, we were told that a news release intended to be posted alongside the notice had not been. The hiccup was blamed on the county’s new IT Firm, Solutions, which recently replaced the in-house IT employee.

The news release was then provided via email to WHO 13 by staff within the Auditor’s office. It stated, in part:

“This error does not affect the current appointment’s prior actions while in office and ability
to continue to perform their duties. But correction to this process is needed. The
correction to be taken is re-publishing public notice with the correct language. The Board
of Supervisors will need to meet and vote on the appointment of the auditor’s position.
Then the appointed auditor needs to be sworn in with a new appointment date.”

The Madison County website has since been updated with the release. However, it was unclear why Schwartz would be making the public notification about his own position, instead of the Madison County Board of Supervisors, which has facilitated the issue since former Auditor Teri Kaczinski announced her resignation in early May. A list of questions sent Tuesday afternoon to the Madison County Board of Supervisors, who appointed Schwartz in a 2-1 vote two weeks ago, had not been responded to by any of the three supervisors late Tuesday night.

A list of questions has also been sent by email directly to Schwartz, who stated in his public interview for the Auditor position that he preferred controlled communication over media interviews. He took two days to respond to our last inquiry with a written statement.

When WHO 13 contacted Madison County Attorney Stephen Swanson,it was the first he had heard of the public notice, and he said he could not provide more information.

The timing raises new questions about a growing movement among residents seeking to hold a special election for the auditor’s seat. The Madison County Civic Alliance (MCCA), a coalition of bipartisan residents, has already begun collecting signatures, but it remains unclear how this misstep may affect the legal timeline for submitting their petition. According to Iowa Code, residents have 14 days from he appointment to collect signatures and file the petition.

In a statement, MCCA said: “Madison County residents are answering the call for a special election. While we are still collecting petitions, we are confident voices will be heard. Signatures continue to be gathered. It has been an overwhelming ground swell of support in just eight days. Cannot thank the community enough for their commitment to Madison County.”

Because the signatures were collected in good faith, Swanson said he would recommend allowing an additional grace period to ensure they remain valid, if the Auditor’s appointment date has to be reset.

Meanwhile, the county continues to face turmoil in other offices.

Also on Tuesday, Madison County Treasurer Amanda DeVos officially resigned — nearly seven months after being charged with misconduct in office, record tampering, and theft. DeVos was reportedly asked to step down as early as April but only resigned this week, citing advice from her attorney. In her resignation letter, she denies any wrongdoing. Her trial is set for September in Boone County.

Adding to the tension, just a day earlier, the Madison County Sheriff confirmed he is investigating the Supervisor Chairwoman for alleged election misconduct.