In a decision that underscores the balance between voting rights and election security, a federal judge on Sunday upheld Iowa Secretary of State Paul Pate’s guidance to challenge ballots of more than 2,000 Iowans identified as potential noncitizens. The ruling, just two days before the Nov. 5 election, responds to an ACLU lawsuit seeking to prevent county auditors from challenging ballots flagged by the Secretary of State’s office.
Lawsuit from ACLU and Latino Group Highlights Voter Rights Concerns
The ACLU’s lawsuit, filed on behalf of naturalized citizens and the League of United Latin American Citizens (LULAC), argued that the directive risks disenfranchising eligible voters. The case includes four naturalized citizens who discovered they were on the list of potential noncitizens and would need to cast provisional ballots or provide further documentation to vote normally.
According to data from the state, 2,176 people in Iowa were identified as noncitizens at some point over the past 12 years. This includes 2,022 individuals who listed themselves as noncitizens in state records but subsequently registered to vote, and 154 who were later identified as noncitizens after registering. Despite the status change for some, officials say 250 individuals are believed to be noncitizens according to federal data. Voting as a noncitizen in U.S. elections is a serious offense in Iowa, carrying a maximum penalty of five years in prison and a fine of up to $7,500.
Judge Locher’s Ruling: A Complex Call for Election Officials
U.S. District Judge Stephen Locher’s decision not to block Pate’s directive stems from what he calls an undisputed fact: some names on the list are likely noncitizens. In his ruling, he acknowledged the potential for voter rights issues but noted that the injunction requested by the plaintiffs would force local officials to allow all individuals on the list to vote, regardless of citizenship status.
“It appears to be undisputed that some portion of the names on Secretary Pate’s list are indeed registered voters who are not United States citizens,” Locher wrote, pointing out that about 12% of the names are believed to be ineligible. He referenced recent U.S. Supreme Court decisions upholding similar election integrity measures in Virginia and Pennsylvania as reasons to avoid last-minute changes in Iowa’s election protocol.
Judge Locher clarified that voters on the list remain eligible to vote with regular ballots if they can provide proof of citizenship. He also confirmed that local election officials are not obligated to challenge every individual on the list, granting auditors some autonomy to exercise “independent judgment.”
ACLU’s Response: “Positive Developments” Amid Disappointment
While expressing disappointment, ACLU of Iowa Legal Director Rita Bettis Austin noted some silver linings in the ruling. According to Bettis, the lawsuit resulted in Pate “backing away” from requiring provisional ballots for all flagged individuals, allowing county auditors to decide based on each case. This adjustment means that flagged voters who can present proof of citizenship on Election Day will be able to vote without using a provisional ballot.
“We are glad that our clients—the brave individuals who are standing up to this unlawful challenge of their right to vote—will be able to cast regular ballots,” Bettis said in a statement. She and LULAC urged voters, especially naturalized citizens, to bring documentation like passports or naturalization certificates to the polls to avoid issues.
Election Integrity vs. Voting Access: Iowa Officials Weigh In
The decision has sparked praise from Republican leaders, including Governor Kim Reynolds and Attorney General Brenna Bird. Both officials framed the ruling as a victory for election integrity, arguing that it protects the rights of eligible voters by ensuring illegal votes do not cancel out lawful ballots. Bird, who led the state’s defense in court, said the decision upholds Iowa’s longstanding election laws.
Gov. Reynolds echoed this sentiment, emphasizing that Iowa will “enforce the law” to prevent noncitizens from voting. Secretary of State Pate, the architect of the directive, lauded the ruling as a “win for Iowa’s election integrity.” In a statement, Pate said the guidance reflects a necessary balance between encouraging eligible voting and preventing ineligible participation, reinforcing Iowa’s commitment to “protecting the integrity of the vote.”
Federal Data Challenges and Calls for Cooperation
A key element in the debate is the need for accurate information from the U.S. Citizenship and Immigration Services (USCIS). Secretary Pate has requested data from the federal agency to clarify the citizenship status of those on the list. However, Pate claims the USCIS’s Des Moines office has completed its review but has been restricted by federal policy from sharing results with state officials.
On Sunday, Pate renewed his call for the USCIS to release this information, asserting that it’s “critical to ensuring only U.S. citizens vote in our elections.” Republican leaders in Iowa argue that better data sharing between state and federal agencies could prevent eligible voters from facing unnecessary scrutiny while bolstering confidence in election security.
Naturalized Citizens Urged to “Stand Up” and Vote
Despite the challenges, LULAC’s Iowa chapter and the ACLU are encouraging eligible voters to make their voices heard. LULAC’s state political director Joe Enriquez Henry emphasized the importance of participation, particularly for naturalized citizens, in upholding their rights at the polls. “We don’t want new U.S. citizens to be intimidated,” Henry said, urging voters to “stand up” and vote without fear.
As Iowa’s election season reaches a crucial juncture, the legal back-and-forth highlights the ongoing tensions between maintaining a secure voting process and ensuring every eligible voter can participate without obstacles. While officials tout the decision as a safeguard for election integrity, advocates stress the importance of inclusivity, hoping no legitimate voter is deterred.
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