Thursday, July 26, 2018

IA State Court Temporarily Enjoins Voting Restrictions and Rules as Violation of the State Constitution


Case No. CVCV056403 in the Iowa District Court for Polk County and League of United Latin American Citizens of Iowa and Taylor Blair vs. Iowa Secretary of State Paul Pate.

The Orders relate to Signature Matching Requirements for Absentee Ballots, the Time to Cast such Ballots, and Voter ID Requirements.

The Court found it cannot reliably concluded implementing this Order would result in a “probably liability” to the Secretary of State at all, but certainly no more than $2,000. Therefore, a Bond of $2,500 is appropriate. It is the Order of the Court that the Motion for a Temporary Injunction is Granted

- IT IS FURTHER ORDERED that House File 516’s signature matching requirements for applications for absentee ballots, HF section 30; Iowa Code section 53.2(5) are hereby ENJOINED.

- IT IS FURTHER ORDERED that House File 516’s signature matching requirements on absentee ballot return envelopes, HF 516 section 31; Iowa Code section 53.18(3) are hereby ENJOINED.

- IT IS FURTHER ORDERED that House File 516’s shortening of the timeframe to cast absentee ballots from 40 to 29 days, HF sections 51, 52 and 53; Iowa Code sections 53.8, 53.10 and 53.11 are hereby ENJOINED.

- IT IS FURTHER ORDERED that House File 516’s requirement that an absentee ballot application include a voter verification number, HF 516 section 6; Iowa code section53.2(4) are hereby ENJOINED.

- IT IS FURTHER ORDERED that the Secretary State is ENJOINED from including on the absentee ballot application language stating “[a]n absentee ballot cannot be issued until ID number is provided” or indicating that such information is “required”;.

- IT IS FURTHER ORDERED that the Secretary State is ENJOINED from disseminating materials with the Voter Ready graphic or stating “Iowa voters will be asked to show a form of valid identification when voting,” or similar words, without a clear statement that identification is not required to vote in 2018.

- IT IS FURTHER ORDERED that the temporary injunction will become effective upon Plaintiffs posting of a bond of $2,500 and will remain enjoined pending resolution of this case.

CLICK HERE to read the 25 page (pdf) Court Order.









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