Feds could get citizenship info to Iowa by Election Day

DES MOINES — Federal citizenship information sought by Iowa’s top elections official could come by Election Day, an attorney for the state revealed Friday during a hearing for a lawsuit challenging a state directive that 2,000-plus Iowans could cast only a provisional ballot.

Citing a lack of cooperation with federal immigration officials and a need to prevent noncitizens from voting, Iowa Secretary of State Paul Pate has directed local elections officials to challenge the ballots — if they vote in Tuesday’s election — of 2,176 Iowans who are legal residents but whose U.S. citizenship is unclear to the Iowa Secretary of State’s office.

The individuals wound up on Pate’s list because at some point they indicated on Iowa Department of Transportation records they were not U.S. citizens. However, Pate has acknowledged, those individuals could have become U.S. citizens since signing those Iowa DOT documents.

Iowa chapters of the American Civil Liberties Union and the League of United Latin American Citizens filed a federal lawsuit this week in U.S. District Court for the Southern District of Iowa, claiming Pate’s order is unconstitutional because it treats some naturalized U.S. citizens differently by forcing them to vote via provisional ballot.

The plaintiffs include four Iowans who are naturalized citizens who appeared on Pate’s list and, when they voted early in the 2024 election, were ordered to cast a provisional ballot. Voters who cast provisional ballots have until Nov. 12 to provide documentation proving their U.S. citizenship to have their ballot counted.

U.S. District Court Judge Stephen Locher, at a hearing Friday in the Des Moines federal courthouse, pledged to issue his ruling by the end of the weekend, acknowledging the short timeline before Election Day.

Some county auditors have determined through their own research that many of the individuals listed in their counties are U.S. citizens and have full voting rights.

Linn County Auditor Joel Miller said he has been working with the Linn County Sheriff’s Office and federal immigration authorities. As of Thursday, Miller said all 28 names he reviewed out of the 150 listed in Linn County are naturalized U.S. citizens.

Johnson County Auditor Erin Shane said in a news release that as of Thursday afternoon, officials had confirmed U.S. citizenship for 63 people out of 295 Johnson County residents on list. One person was referred to law enforcement “for additional clarification and investigation.”

Winneshiek County received the names of nine possible noncitizen voters, Auditor Benjamin Steines said in a news release Friday. He said three of them had cast absentee ballots and were sent challenge notices as ordered by the Secretary of State.

“I disagree with the process and procedures currently directed by the Secretary of State, specifically on the timing and trying to put this in place too close to the election,” he said in a statement, adding that he nonetheless understands Pate “has the authority to direct County Auditors on election procedures and policies.”

Pate has said requiring those 2,176 Iowans to vote provisionally would not be necessary if the U.S. Citizenship and Immigration Services would just share the citizenship status of those individuals.

Eric Wessan, from the Iowa Attorney General’s Office, said during the hearing that the agency has informed the Secretary of State’s Office that it intends to get the information to the state by Tuesday — Election Day.

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Friday’s hearing revealed other answers to questions and new information about Pate’s directive:

New number: Wessan said the federal agency has informed the Iowa Secretary of State’s Office that of his list of 2,176 Iowans, roughly 250 — about 11 percent — are confirmed noncitizens who have registered to vote. But without the full information, the state does not know which 250 individuals are noncitizens.

Why the delay? Wessan said the agency completed its review of Pate’s list a week ago, but in a phone call with the Secretary of State’s Office said it cannot yet share the information because “further review is needed.”

What happens next? Wessan said if the federal agency relays the full citizenship information to the Iowa Secretary of State’s Office by Election Day, the office will take action. He did not specify what kind of action, and the Iowa Secretary of State’s Office did not respond Friday to clarify.

Armed with full citizenship information, Pate’s office could share with auditors an updated list of only individuals who are confirmed to be noncitizens, thus eliminating the need to challenge the ballots of Iowans who are naturalized citizens.

Why isn’t the list public? “We believe under state and federal law that we cannot publicly disclose the list,” Wessan said.

What they said in court

Jesse Linebaugh, an attorney for Faegre Drinker Biddle & Reath who argued on behalf of the plaintiffs, argued Pate’s order, by requiring the voters to cast a provisional ballot, treats some naturalized Iowa citizens differently than other Iowans.

“We have proved to you and showed you harm that he’s already incurred,” Linebaugh said of one of the plaintiffs. “They are having to jump through hoops to hopefully vote.”

In response, Wessan argued requiring some Iowans with full citizenship to cast a provisional ballot does not cause irreparable harm, and that the state has a duty to ensure no noncitizens vote in Iowa’s elections.

“We want (the plaintiffs’) votes to count, and if their vote is canceled out by a noncitizen voter, that’s not going to happen,” Wessan said.

Judge Locher tried to press Wessan on the timing of Pate’s directive. According to the Iowa DOT, Pate requested the information on Oct. 1 and the Iowa DOT provided it on Oct. 7. Pate issued his directive Oct. 22. Locher asked why Pate did not act sooner, suggesting to Wessan that people could see the timing as “politically opportunistic.”

Wessan told the judge he was not sure, but that he believed the Secretary of State’s Office “obtained information” that led officials to believe there was a prospect of noncitizens voting in Iowa’s elections.

Locher requested the state’s attorneys provide more details about that in court filings before he rules.

Locher also questioned both attorneys on Pate’s authority to require local elections officials to give his directive to poll workers. Referring to a citation to a state law that Pate’s office made in one of its communications with county auditors that he said gave him that power, Locher said, “I have no idea why the Secretary of State said that.”

Comments: (515) 355-1300, erin.murphy@thegazette.com

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