Judge allows Iowa to challenge thousands of ballots

On By Littum

An Iowa judge on Sunday allowed the state's secretary of state to direct election workers to challenge ballots cast by potential noncitizens to run. File Photo by Thomas Maresca/UPI
An Iowa judge on Sunday allowed the state’s secretary of state to direct election workers to challenge ballots cast by potential noncitizens to run. File Photo by Thomas Maresca/UPI | License photo

Nov. 4 (UPI) — An Iowa judge ruled Sunday that the state can challenge thousands of ballots potentially cast in Tuesday’s presidential election by residents who once self-identified as noncitizens, a move voters see as an attempt to disenfranchise naturalized citizens .

On Oct. 22, Iowa Secretary of State Paul Pate had sent a letter to county commissioners identifying 2,176 registrants whose general election ballots will be challenged because they had at some point identified themselves to the state Department of Transportation as noncitizens.

The ballots for those on the list are placed in a provisional ballot envelope for later review.

The direction attracted a lawsuit seeking a temporary restraining order and injunction against the ballot challenge, filed by the American Civil Liberties Union on behalf of four naturalized U.S. citizens on Pate’s list, along with a Latino civil rights organization. The suit accuses the state of violating their 14th Amendment right to protection from laws that limit the privileges of American citizens.

On Sunday, Judge Stephen Locher, an appointee of President Joe Biden, sided with Pate, stating that even if no more than 12% of those on the Secretary of State’s list are registered voters but not U.S. citizens, the requested injunctive relief would allow them to vote in the competition.

“Whatever concerns Plaintiffs may have about the nature and timing of Secretary Pate’s letter, it would not be appropriate for the Court to respond by granting injunctions that effectively compel local election officials to allow ineligible voters to vote,” Locher wrote in the ruling.

Republicans have sought to block the counting of some votes through lawsuits in battleground states ahead of the Nov. 5 presidential election, hinting at efforts to ensure the election’s integrity. Opponents have described the move as an attempt to disenfranchise voters.

IN a statement On Sunday, Pate said the ruling was “a victory for Iowa’s election integrity.”

“United States elections are for American citizens, and it’s important to ensure that only eligible voters participate in Iowa’s election process to protect the integrity of the vote,” he said.

ACLU said it was “obviously disappointed” by the court’s ruling, but was pleased that the lawsuit forced Pate to back down from forcing all those on his list to file provisional ballots.

The League of United American Citizens of Iowa, which was part of the lawsuit, is warning voters after Sunday’s decision to be prepared to show documentation proving they are citizens when they vote.

“But rest assured, we will continue the fight to support your right as an American citizen to be treated fairly on Election Day,” Joe Enriquez Henry, state policy director for LULAC of Iowa, said in a statement.

“While we are disheartened by the judge’s decision not to grant an injunction, we are grateful for the lawsuit, which put pressure on Secretary Pate to recognize the right of naturalized citizens to vote in this election.”