Nov. 4 (UPI) — An Iowa judge on Sunday ruled that the state can challenge thousands of ballots to be potentially cast in Tuesday’s presidential election by residents who had once identified themselves noncitizens, a move that voting advocates 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 ballots in the general election are to be challenged because they had, at some point, identified themselves with the state’s Department of Transportation as non-citizens.
The ballots of those on the list are to be placed in a provisional ballot envelope for later review.
The direction attracted a lawsuit seeking a temporary restraining order and injunctive relief against the vote 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 for laws that restrict the privileges of U.S. citizens.
On Sunday, Judge Stephen Locher, an appointee of President Joe Biden, sided with Pate, stating that only 12% of those on the secretary of state’s list are eligible voters.
“Whatever concerns Plaintiffs might have about the nature and timing of Secretary Pate’s letter, it would not be appropriate for the Court to respond by granting injunctive relief that effectively forces local election officials to allow ineligible voters to vote,” Locher wrote in the ruling.
Republicans have been seeking to prevent the counting of some votes via lawsuits in battleground states ahead of the Nov. 5 presidential election, framing the efforts as securing election integrity. Opponents have described the move as trying to disenfranchise voters.
In a statement Sunday, Pate said the ruling as “a win for Iowa’s election integrity.”
“U.S. elections are for U.S. citizens, and ensuring only eligible voters participate in Iowa’s election process is essential to protecting the integrity of the vote,” he said.
The ACLU said it was “obviously disappointed” with the court’s decision, but was glad the litigation forced Pate to step back 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 following the Sunday 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 a U.S. citizen to be treated equally on Election Day,” Joe Enriquez Henry, state political director of the LULAC of Iowa, said in a statement.
“Although we are disheartened by the judge’s decision to not grant an injunction, we are thankful for the lawsuit, which put pressure on Secretary Pate to acknowledge the right of naturalized citizens to vote in this election.”
