The Independent View: IA Election Officials Sued by 4 Naturalized Citizens Removed from Voter Rolls

Four Voters and a Hispanic Civil Rights Group Sued Iowa’s Top Election Official, alleging He Fringed upon their Rights when He directed Election Workers to Challenge some Voters’ Ballots in an attempt to keep Ineligible Non-Citizens from Illegally Voting. But No Voter has been Removed from Iowa's Voter Lists

The American Civil Liberties Union (ACLU) of Iowa, filed a Legal Challenge in Federal Court late Wednesday, on behalf of Four Individuals flagged by Iowa Secretary of State Paul Pate (R), as Registered Voters who might Not be Citizens.

The ACLU is also representing the League of "United Latin American Citizens" (LULAC) of Iowa.

But, they are Naturalized Citizens, according to the Complaint. The Suit also Names some of Iowa’s County Auditors, who are tasked with facilitating Elections.

Concern about Elections being undermined by Non-Citizen Voting has been a Focus of Political Messaging this year from Trump (R) and other Republicans, even though such Voting is Rare in American Elections.

Pate’s Office said last week, that it provided County Auditors with a List of 2,022 People, who told the State’s 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’s Office told County Elections Officials, to Challenge their Ballots and have them cast a Provisional Ballot instead.

They would have Seven Days, One more than usual because of a Federal Holiday, 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, Fears other New Citizens will be Intimidated. “As a political science professor, I understand and feel deeply about the importance of voting in a democracy,” He said.

It is Illegal for Non-U.S. Citizens to Vote in Federal Elections, but there is No Evidence that it is occurring in significant Numbers, though Iowa and some other States have identified possible dozens of such Cases.

Before the Lawsuit was Filed, Pate told Reporters at a News Conference Wednesday, that the DOT List is the “only list that we have available to us” without Access to Federal Immigration Records.

“We’re balancing this process. We want everyone to be able to vote. That’s why none of them have been taken off the voter rolls,” He said. But “we do owe an obligation to make sure that they are citizens now.”

With Early Voting well underway and just days to go before the Nov. 5th Election, the Llawsuit 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 “spearheading an effort to disenfranchise Iowa U.S. citizens” when He should be Protecting Voting Rights. “He is fueling a false narrative about voter fraud by noncitizens and laying the groundwork to undermine confidence in the election,” She said.

Iowa Attorney General Brenna Bird (R), said in a Statement that LULAC is attempting a last-minute effort to “let noncitizens illegally vote. I am fighting to defend our long-standing election integrity laws and ensure Iowans can maintain trust in our elections,” She said.

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, 90 Days, have been Challenged.

The Justice Department (DOJ) and a Coalition of Private groups Sued Virginia earlier in October, arguing that State Election Officials Violated the 90-day “Quiet Period” ahead of Elections.

In a similar Lawsuit in Alabama, a Federal Judge this month, Ordered the State to restore Eligibility for more than 3,200 Voters who had been deemed Ineligible Non-Citizens. 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, and is still checking the other Rejections.