DES MOINES, Iowa – Lawsuits have been filed against Iowa’s Secretary of State, Paul Pate, by four voters and a Hispanic civil rights group. They claim that Pate infringed upon their rights by directing election workers to challenge certain voters’ ballots in an effort to prevent ineligible noncitizens from voting illegally. The American Civil Liberties Union of Iowa filed the legal challenge in federal court, representing four individuals flagged by Pate as potential noncitizen voters. These individuals are naturalized citizens, according to the complaint. County auditors in Iowa have also been named in the lawsuit, as they play a role in facilitating elections.
The issue of noncitizen voting has gained attention this year in political discourse, with concerns raised by Republican figures like former President Donald Trump. Pate’s office recently provided county auditors with a list of 2,022 individuals who initially reported to the Department of Transportation that they were not citizens but later registered to vote or voted. These individuals were instructed to cast provisional ballots pending proof of citizenship within seven days. One individual affected by this directive is Orcun Selcuk, a new voter who registered after becoming a U.S. citizen last year. Despite voting without issue in previous elections, Selcuk recently received a letter stating that his ballot was being challenged, causing concern for himself and other new citizens.
The ACLU, representing both the four voters and the League of United Latin American Citizens of Iowa, has raised legal challenges to Pate’s actions. While it is illegal for non-U.S. citizens to vote in federal elections, there is limited evidence to suggest significant instances of such occurrences. Pate defended his office’s actions, citing a lack of access to federal immigration records and a desire to balance voting rights with citizenship verification. However, the ACLU argues that these directives burden the right to vote for naturalized citizens and violate their constitutional right to equal protection under the law.
The lawsuit seeks to rescind the list provided to county auditors and prevent voters from being challenged based on this criterion. Rita Bettis Austen, legal director for ACLU of Iowa, criticized Pate’s efforts as potentially disenfranchising U.S. citizens and perpetuating a false narrative of voter fraud by noncitizens. While Pate has emphasized the importance of verifying citizenship, critics argue that the process unfairly targets naturalized citizens and undermines confidence in the election process. Efforts to maintain election integrity have sparked legal challenges in other states like Virginia and Alabama, where voter eligibility and registration processes have come under scrutiny.
As the November 5 election approaches, the legal battle in Iowa underscores broader debates surrounding voting rights, naturalized citizenship, and election integrity. County auditors, like Erin Shane in Johnson County, are tasked with confirming the citizenship status of individuals flagged on the list provided by the Secretary of State. The ongoing efforts to verify voter eligibility highlight the complexities and challenges associated with ensuring fair and transparent elections. With emotions running high and tensions escalating, the outcome of the lawsuit in Iowa may have implications for future voting procedures and the protection of citizens’ voting rights.