DES MOINES, Iowa — A federal judge ruled Sunday that Iowa can continue challenging the validity of hundreds of ballots from potential noncitizens even though critics said the effort threatens the voting rights of people who’ve recently become U.S. citizens.
U.S. District Judge Stephen Locher, an appointee of President Joe Biden, sided with the state in a lawsuit filed by the American Civil Liberties Union in the Iowa capital of Des Moines on behalf of the League of Latin American Citizens of Iowa and four recently naturalized citizens. The four were on the state’s list of questionable registrations to be challenged by local elections officials.
The state’s Republican attorney general and secretary of state argued that investigating and potentially removing 2,000 names would prevent illegal voting by noncitizens. GOP officials across the U.S. have made possible voting by noncitizen immigrants a key election-year talking point even though it is rare. Their focus has come with former President Donald Trump falsely suggesting that his opponents already are committing fraud to prevent his return to the White House.
In his ruling Sunday, Locher pointed to a U.S. Supreme Court decision four days prior that allowed Virginia to resume a similar purge of its voter registration rolls even though it was impacting some U.S. citizens. He also cited the Supreme Court’s recent refusal to review a Pennsylvania Supreme Court decision on state electoral laws surrounding provisional ballots. Those Supreme Court decisions advise lower courts to “act with great caution before awarding last-minute injunctive relief,” he wrote.
Locher also said the state’s effort does not remove anyone from the voter rolls, but rather requires some voters to use provisional ballots.
In a statement Sunday, Iowa Gov. Kim Reynolds, a Republican, celebrated the ruling.
“Today’s ruling is a victory for election integrity,” Reynolds said. “In Iowa, while we encourage all citizens to vote, we will enforce the law and ensure those votes aren’t cancelled out by the illegal vote of a non-citizen.”
A spokesperson for the ACLU said the organization did not immediately have a comment.
After Locher had a hearing in the ACLU’s lawsuit Friday, Secretary of State Paul Pate and state Attorney General Brenna Bird issued a statement saying that Iowa had about 250 noncitizens registered to vote, but the Biden administration wouldn’t provide data about them.
Pate told reporters last month that his office was forced to rely upon a list of potential noncitizens from the Iowa Department of Transportation. It named people who registered to vote or voted after identifying themselves as noncitizens living in the U.S. legally when they previously sought driver’s licenses.
“Today’s court victory is a guarantee for all Iowans that their votes will count and not be canceled out by illegal votes,” Bird said in the statement issued after Sunday’s decision.
But ACLU attorneys said Iowa officials were conceding that most of the people on the list are eligible to vote and shouldn’t have been included. They said the state was violating naturalized citizens’ voting rights by wrongfully challenging their registrations and investigating them if they cast ballots.
Pate issued his directive Oct. 22, only two weeks before the Nov. 5 election, and ACLU attorneys argued that federal law prohibits such a move so close to Election Day.
“It’s very clear that the secretary of state understands that this list consists primarily or entirely of U.S. citizens who have exactly the same fundamental core right to vote as the rest of us citizen Iowa voters,” Rita Bettis Austen, the legal director of the ACLU of Iowa, said during a Zoom briefing for reporters after the hearing.
The people on the state’s list of potential noncitizens may have become naturalized
citizens after their statements to the Department of Transportation.
Pate’s office told county elections officials to challenge their ballots and have them cast provisional ballots instead. That would leave the decision of whether they will be counted to local officials upon further review, with voters having seven days to provide proof of their U.S. citizenship.
In his ruling, Locher wrote that Pate backed away from some of his original hardline positions at an earlier court hearing. Pate’s attorney said the Secretary of State is no longer aiming to require local election officials to challenge the votes of each person on his list or force voters on the list to file provisional ballots even when they have proven citizenship at a polling place.
Federal law and states already make it illegal for noncitizens to vote, and the first question on Iowa’s voter registration form asks whether a person is a U.S. citizen. The form also requires potential voters to sign a statement saying they are citizens, warning them that if they lie, they can be convicted of a felony, punishable by up to five years in prison.
Locher’s ruling also came after a federal judge had halted a similar program in Alabama challenged by civil rights groups and the U.S. Department of Justice. Testimony from state officials in that case showed that roughly 2,000 of the more than 3,200 voters who were made inactive were actually legally registered citizens.
In Iowa’s case, noncitizens who are registered are potentially only a tiny fraction of the state’s 2.2 million registered voters.
But Locher wrote that it appears to be undisputed that some portion of the names on Pate’s list are registered voters who are not U.S. citizens. Even if that portion is small, an injunction effectively would force local election officials to let ineligible voters cast ballots, he added.
Democrats and Republicans have been engaged in a sprawling legal fight over this year’s election for months. Republicans have filed dozens of lawsuits challenging various aspects of vote-casting after being chastised repeatedly by judges in 2020 for bringing complaints about how the election was run only after votes were tallied. Democrats have their own team of dozens of staffers fighting GOP cases.
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