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In Iowa, state officials have initiated legal action against the Biden administration to obtain information regarding the citizenship status of over 2,000 registered voters. This move comes as part of the state’s preparations for the upcoming 2024 election.
The lawsuit reflects ongoing tensions between state and federal authorities. Iowa election officials had matched voter registration records with names of individuals who had disclosed their noncitizen status to the state’s Department of Transportation. Out of the 2,176 individuals identified, a significant number had already registered to vote or participated in elections, raising the possibility that some might have since become naturalized citizens.
According to the complaint filed by Iowa officials, Secretary of State Paul Pate’s office sought data from the U.S. Department of Homeland Security regarding the citizenship status of these voters but reportedly received no response. The Associated Press reached out to DHS for comments on the case but has not yet received a reply.
In a statement, Pate and Attorney General Brenna Bird expressed concern that the federal government’s inaction forced the state to rely on potentially flawed data to prevent any illegal voting by noncitizens. The duo emphasized their commitment to ensuring the integrity of every Iowan’s vote.
As early voting began just weeks ahead of the election, Pate instructed county election officials to treat the ballots of identified voters as provisional, directing them to verify the voters’ citizenship before counting those ballots.
In response, the American Civil Liberties Union of Iowa filed a lawsuit against Pate. This suit was initiated on behalf of four naturalized citizens who were incorrectly associated with the noncitizen list. They argued that the information provided by the DOT was inaccurate and that Pate’s actions infringed on their voting rights. A federal judge denied their request to halt the challenges to their ballots.
While federal law prohibits non-U.S. citizens from voting in federal elections, the overall incidence of such voting is deemed minimal. However, Iowa officials claim to have identified several cases of noncitizen voting, leading to heightened scrutiny.
Some individuals had registered or voted prior to identifying as noncitizens, prompting Pate’s office to notify law enforcement to investigate these cases further. Critics of Pate argue that many of these individuals might have been falsely identified as noncitizens due to the unreliable data from the DOT.
Pate’s office has not disclosed further information regarding how many challenged ballots were ultimately cast or confirmed as valid. Preliminary data reported by The Des Moines Register suggested that at least 500 of the individuals managed to confirm their citizenship status and had their votes counted, while 74 ballots were dismissed, largely because those voters did not provide the necessary evidence to affirm their citizenship.
According to available data, most of the individuals listed by Pate did not vote in the 2024 election.
Concerns surrounding noncitizen voting have been a significant part of the political discourse this year, particularly among prominent Republican figures including President-elect Donald Trump. Despite the rhetoric, studies indicate that instances of noncitizen voting are exceedingly rare in American elections.
Pate has highlighted the difference between Iowa and states like Virginia, which has seen over 1,600 voters removed from rolls in the last two months due to recent executive orders. This draw of comparison reflects Iowa’s approach of ensuring no registered voter has been removed while still pursuing questions of citizenship.
The Justice Department, along with various groups, has challenged the legality of actions taken in Virginia, asserting violations of the 90-day “quiet period” ahead of elections. In a recent ruling, the U.S. Supreme Court allowed Virginia to proceed with its voter purge.
As the state heads towards its elections, Pate noted that the only available list for verifying voter status is from the Department of Transportation, given the lack of access to federal immigration records. He emphasized the importance of merging the integrity of the election process with the guarantee that all voters are indeed citizens, highlighting the ongoing complexities of managing election security in a politicized environment.
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