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Biden-Appointed Judge Upholds Iowa's Ballot Checks Against ACLU Challenge

 November 5, 2024

A federal judge has ruled that Iowa may continue its process of challenging ballots suspected to be from noncitizens, ensuring the state's scrutiny ahead of Election Day.

This decision follows a legal challenge from the ACLU which argued that the actions could disenfranchise newly documented U.S. citizens, Fox News reported.

On Sunday, Judge Stephen Locher, appointed by President Biden, upheld Iowa's method of verifying the citizenship of voters flagged in its electoral rolls. The court issued this judgment less than 48 hours before voters were scheduled to cast their ballots, amid an intensifying national focus on voter eligibility.

Judicial Ruling Amidst Voter Verification Controversy

Iowa officials, led by Secretary of State Paul Pate, sparked the controversy by identifying over 2,000 individuals on the voter rolls suspected of not being U.S. citizens. The ACLU and the League of Latin American Citizens of Iowa filed a lawsuit to halt the investigation, claiming it targeted newly naturalized citizens.

During a press conference on October 30, Secretary Pate emphasized the necessity of verifying that those on the voter rolls are indeed eligible to vote.

The court's ruling does not permit election officials to remove anyone from the voter rolls. Instead, it allows them to use provisional ballots, enabling verification of a voter's eligibility before counting their vote.

ACLU Opposes Iowa's Verification Methods

The ACLU criticized the state's approach, arguing that it jeopardizes the rights of voters who are recently naturalized citizens. They contended that the procedure could intimidate voters and suppress their participation.

Paul Pate responded by explaining the provisional ballot process during the same October 30 press conference. "That's why we've asked the county auditors, through the poll workers, to challenge those votes, to allow them to confirm their citizenship status, so that we can count their vote as well," he elaborated.

Despite these assurances, the ACLU's concerns highlight the ongoing national debate over voter registration processes and the balance between preventing illegal voting and ensuring the rights of legitimate voters.

Political Implications in a Battleground State

The ruling arrives as Iowa, traditionally a red state, shows signs of a tight race. A poll displayed Vice President Kamala Harris leading by three points in Iowa, adding layers of political intrigue to the judicial decision.

Contrasting with this, the Trump campaign immediately questioned the reliability of the poll showing Harris's lead. They endorsed another poll from Emerson College, released the same day, which they argue better reflects the transparent methodology and the true sentiment of the Iowa electorate.

"Emerson College, released today, far more closely reflects the state of the actual Iowa electorate and does so with far more transparency in their methodology," stated a memo from the Trump campaign.

As the nation approaches Election Day, the decision by Judge Locher underscores the ongoing challenges and controversies surrounding voter eligibility, particularly in battleground states where every vote is pivotal.

This case in Iowa represents a significant moment in the broader national conversation about voter integrity and the rights of newly naturalized citizens, emphasizing the delicate balance states must maintain in securing electoral processes while fostering inclusive voter participation.