A recent ruling by US District Judge Stephen Locker has ignited debate as he allowed Iowa Secretary of State Paul Pate to challenge ballots suspected of being cast by noncitizens. This decision, rendered on Sunday, enables Iowa to scrutinize the legitimacy of hundreds of votes after Secretary Pate alerted county commissioners about 2,176 registrants potentially ineligible due to non-citizenship. In his directive, Pate instructed county officials to challenge the ballots from individuals flagged on this list.
The American Civil Liberties Union (ACLU), representing four naturalized US citizens listed, sought a temporary restraining order and preliminary injunction. The ACLU contends that this directive violates the equal protection clause of the Fourteenth Amendment. However, the court denied this motion based on several key arguments:
- The directive does not remove anyone from the voter rolls; it only mandates flagged voters to use provisional ballots.
- The court expressed caution over issuing a last-minute injunction in matters related to elections.
- There is no longer a requirement for voters on the list to file provisional ballots once their citizenship is confirmed.
- The list represents a small fraction of Iowa’s nearly 79,000 naturalized citizens.
- Evidence demonstrates that some individuals on the list were non-citizen registered voters.
President Joe Biden appointee Judge Locker expressed unease, suggesting that an injunction could permit ineligible voters to participate in elections. Following the decision, the ACLU of Iowa reacted with disappointment, articulating concerns about the potential disenfranchisement of eligible voters, particularly new citizens. ACLU of Iowa Legal Director Rita Bettis Austen noted that “the vast majority” on Pate’s list are indeed US citizens.
Conversely, Iowa Governor Kim Reynolds praised the decision. Via her social media, Reynolds declared the ruling a victory for “election integrity,” promising to enforce measures that prevent illegal votes from undermining those cast by valid US citizens.
For a more comprehensive overview of the ruling and its implications, visit the JURIST report.