DES MOINES, Iowa (AP) 鈥 Four voters and a Hispanic civil rights group sued Iowa鈥檚 top election official, alleging he infringed upon their rights when he directed election workers to challenge some voters鈥 ballots in an attempt to keep ineligible noncitizens from illegally voting.
The American Civil Liberties Union of Iowa filed a legal challenge in federal court late Wednesday on behalf of four individuals flagged by Iowa Secretary of State Paul Pate as registered voters who might not be citizens. They are naturalized citizens, according to the complaint. The suit also names some of Iowa鈥檚 county auditors, who are tasked with facilitating elections.
Concern about elections being undermined by noncitizen voting has been a focus of this year from Republican presidential nominee and former President Donald Trump and other Republicans, even though .
Pate鈥檚 office said last week that it provided county auditors with a list of 2,022 people who told the state鈥檚 Department of Transportation that they are not citizens but subsequently registered to vote or voted. Since those individuals may have become naturalized citizens in the lapsed time, Pate鈥檚 office told county elections officials to challenge their ballots and have them cast a provisional ballot instead.
They would have seven days 鈥 one more than usual because of a federal holiday 鈥 to provide proof of their citizenship status so that their ballot is counted.
Orcun Selcuk is one new voter who registered last year, a day after he became a U.S. citizen, and has since voted in elections without issue. He voted early this month but recently received a letter stating that his ballot was being challenged.
Now, the native of Turkey who settled in Decorah fears other new citizens will be intimidated.
鈥淎s a political science professor, I understand and feel deeply about the importance of voting in a democracy,鈥 he said.
The ACLU is also representing the League of United Latin American Citizens, or LULAC, of Iowa.
It is illegal for non-U.S. citizens to vote in federal elections, but that it is occurring in significant numbers, though Iowa and some other states have identified dozens of such cases.
Before the lawsuit was filed, Pate told reporters at a news conference Wednesday that the DOT list is the 鈥渙nly list that we have available to us鈥 without access to federal immigration records.
鈥淲e鈥檙e balancing this process. We want everyone to be able to vote. That鈥檚 why none of them have been taken off the voter rolls,鈥 he said. But 鈥渨e do owe an obligation to make sure that they are citizens now.鈥
With early voting well underway and just days to go before the Nov. 5 election, the lawsuit asks for the list to be rescinded and voters on it to not be challenged on this basis. It alleges Iowa's election officials are burdening the right to vote and discriminating against naturalized citizens, treating these voters differently from others in violation of their constitutional right to equal protection.
Rita Bettis Austen, ACLU of Iowa's legal director, said Thursday that Pate is 鈥渟pearheading an effort to disenfranchise Iowa U.S. citizens鈥 when he should be protecting voting rights.
鈥淗e is fueling a false narrative about voter fraud by noncitizens and laying the groundwork to undermine confidence in the election,鈥 she said.
Iowa Attorney General Brenna Bird said in a statement that LULAC is attempting a last-minute effort to 鈥渓et noncitizens illegally vote.鈥
鈥淚 am fighting to defend our long-standing election integrity laws and ensure Iowans can maintain trust in our elections,鈥 she said.
The Associated Press left email messages with Pate's office on Thursday seeking comment on the ACLU's lawsuit.
Election officials routinely check voter lists for anyone who might not be eligible and remove them under processes set by federal and state laws. Some state's efforts to remove people from voter lists close to the election have been challenged.
Since no voter has been removed from Iowa's lists, Pate tried to differentiate Iowa from other states, such as , where more than 1,600 voters were purged from the voter registration list in the past two months in a program enacted through an Aug. 7 executive order from Republican Gov. Glenn Youngkin.
The Justice Department and a coalition of private groups sued Virginia earlier in October, arguing that state election officials violated federal law鈥檚 .
requires that quiet period so that legitimate voters are not removed from the rolls by bureaucratic errors or last-minute mistakes that cannot be quickly corrected.
The U.S. Supreme Court鈥檚 , overruling a federal judge that said the state鈥檚 purge was illegal. A federal appeals court had previously allowed the judge鈥檚 order to remain in effect.
In a similar lawsuit in Alabama, a federal judge this month to restore eligibility for more than 3,200 voters who had been deemed ineligible noncitizens. Testimony from state officials in that case showed that roughly 2,000 of the 3,251 voters who were made inactive were actually legally registered citizens.
In eastern Johnson County, Iowa, home to more than 110,000 registered voters and the University of Iowa in Iowa City, county auditor Erin Shane said Thursday that her office is working to confirm the citizenship status of the 295 names they received.
Shane, who was named in the lawsuit because one of the voters lives in Johnson County, said officials have notified each person and so far confirmed that 63 people are U.S. citizens; one person 鈥渨as referred to law enforcement for additional clarification,鈥 she said.
鈥淲e still have 232 people left to confirm and it is unfortunately happening when our office is in its busiest season," she said. 鈥淭he people who have received our letters are coming into our office with a range of emotions from disappointment to understandably angry.鈥
